reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter II - General Requirements for Operation › Section DHS 89.23 - Services

Current through June 24, 2024
(1) GENERAL REQUIREMENT. A residential care
				  apartment complex shall provide or contract for services that are sufficient
				  and qualified to meet the care needs identified in the tenant service
				  agreements, to meet unscheduled care needs of its tenants and to make emergency
				  assistance available 24 hours a day.
(2) SUFFICIENT SERVICES.
(a)
Minimum required
				  services.
1. In this paragraph,
				  "capacity to provide" means that the facility is able to provide the minimum
				  required services to any tenant who needs or develops a need for those
				  services.
Note: A residential care apartment complex should be able
					 to respond to changes in its tenants' need for the minimum required services by
					 revising the service agreements and, if necessary, by either adjusting its
					 staffing plan or contracting for services from other providers.
2. A residential care apartment
				  complex shall have the capacity to provide all of the following services to all
				  tenants, either directly or under contract:
a. Supportive services: meals, housekeeping
				  in tenants' apartments, laundry service and arranging access to medical
				  services. In this subparagraph, "access" means arranging for medical services
				  and transportation to medical services.
b. Personal services: daily assistance with
				  all activities of daily living which include dressing, eating, bathing,
				  grooming, toileting, transferring and ambulation or mobility.
c. Nursing services: health monitoring,
				  medication administration and medication management.
3. A residential care apartment complex shall
				  ensure that sufficient services are available to meet care needs identified in
				  each tenant's service agreement.
4.
				  Services above the minimum required levels may be made available at the option
				  of the facility.
5. A facility is
				  not required to provide or be staffed to provide services which are not needed,
				  are not included in the service agreements or are above the minimum required
				  levels.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter II - General Requirements for Operation › Section DHS 89.24 - Hours of service

Current through June 24, 2024
(1) LIMIT ON HOURS OF SERVICE PROVIDED. A
				  residential care apartment complex shall provide not more than 28 hours per
				  week of supportive, personal and nursing services to each tenant. There is no
				  limit on the type or amount of other services, activities or amenities which
				  the facility provides.
Note: Some individuals may initially need little or no
					 service but, over time, may need more services up to the full 28 hours per
					 week.
(2) AMOUNT OF SERVICE
				  PROVIDED TO INDIVIDUAL TENANTS.
(a)
Services provided by the residential care apartment complex.
The amount of supportive, personal and nursing service which a facility
				  provides to a tenant, either directly or under contract, shall be determined by
				  the tenant's needs and preferences, as documented in the service agreement. A
				  residential care apartment complex shall not limit the hours of service it
				  makes available for an individual tenant to less than 28 hours per week if
				  needed by the tenant.
(b)
Services from providers other than the residential care apartment
				  complex.
1. A tenant may contract
				  for additional services not included in the service agreement from providers of
				  the tenant's choice, so long as the tenant informs the facility, complies with
				  applicable facility policies and procedures and agrees to have the arrangements
				  reflected in the risk agreement. Except as limited by a facility under subd.
				  3., there is no restriction on the amount or type of service which a tenant may
				  receive from providers other than the facility.
2. A residential care apartment complex may
				  approve the provider of supportive, personal or nursing services for any
				  particular tenant and require that providers of these services comply with
				  established facility standards and policies.
3. A residential care apartment complex may
				  only limit the amount of supportive, personal and nursing service a tenant
				  purchases from outside providers when the total amount of supportive, personal
				  and nursing services that the tenant receives from all paid providers exceeds
				  28 hours per week. A facility may not limit the amount of hospice care a tenant
				  receives or the amount of unpaid services provided by the tenants family or
				  friends. A facility may not limit the amount of recuperative care which a
				  tenant receives, provided the recuperative care will not raise the total
				  service level above 28 hours per week for more than 90 days.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter II - General Requirements for Operation › Section DHS 89.25 - Schedule of fees for services

Current through June 24, 2024
(1) Residential
				  care apartment complexes shall have a written schedule of fees for services
				  which includes all of the following:
(a)
				  Separately identified charges for rent, meals and services. The schedule of
				  fees for services shall clearly identify those services which are included in
				  any base service rate or rates and those for which there will be separate
				  charges.
(b) The amount of any
				  application fee, entrance fee or security deposit.
(c) The facility's refund policy regarding
				  application and entrance fees, security deposits and monthly rent, meal and
				  service charges in the event of death or termination of the contract between
				  the tenant and the facility.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter II - General Requirements for Operation › Section DHS 89.26 - Comprehensive assessment

Current through June 24, 2024
(1) REQUIREMENT. A
				  comprehensive assessment shall be performed prior to admission for each person
				  seeking admission as a basis for developing the service agreement under s.
				  DHS
				  89.27 and the risk agreement under s.
				  DHS
				  89.28.
(2)
				  CONTENTS. The comprehensive assessment shall identify and evaluate the
				  following factors relating to the person's need and preference for services:
(a) Physical health.
(b) Physical and functional limitations and
				  capacities.
(c) Medications and
				  ability to self-administer medications.
(d) Nutritional status and needs.
(e) Mental and emotional health.
(f) Behavior patterns.
(g) Social and leisure needs and
				  preferences.
(h) Strengths,
				  abilities and capacity for self-care.
(i) Situations or conditions which could put
				  the tenant at risk of harm or injury.
(j) Type, amount and timing of services
				  desired by the tenant.
(k)
				  Frequency of monitoring which the resident's condition requires.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter II - General Requirements for Operation › Section DHS 89.27 - Service agreement

Current through June 24, 2024
(1) REQUIREMENT. A residential care apartment
				  complex shall enter into a mutually agreed-upon written service agreement with
				  each of its tenants consistent with the comprehensive assessment under s.
				  DHS
				  89.26.
(2)
				  CONTENTS. A service agreement shall identify all of the following:
(a)
Services.
1. The type, amount and frequency of the
				  services to be provided to the tenant, including services which will be
				  available to meet unscheduled care needs.
2. Any additional services which are
				  available for purchase by the tenant.
3. The activities and social connections the
				  tenant will be assisted in maintaining.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter II - General Requirements for Operation › Section DHS 89.28 - Risk agreement

Current through June 24, 2024
(1) REQUIREMENT. As a protection for both the
				  individual tenant and the residential care apartment complex, a residential
				  care apartment complex shall enter into a signed, jointly negotiated risk
				  agreement with each tenant by the date of occupancy.
(2) CONTENT. A risk agreement shall identify
				  and state all of the following:
(a)
Risk to tenants.
1. Any
				  situation or condition which is or should be known to the facility which
				  involves a course of action taken or desired to be taken by the tenant contrary
				  to the practice or advice of the facility and which could put the tenant at
				  risk of harm or injury.
2. The
				  tenant's preference concerning how the situation is to be handled and the
				  possible consequences of acting on that preference.
3. What the facility will and will not do to
				  meet the tenant's needs and comply with the tenant's preference relative to the
				  identified course of action.
4.
				  Alternatives offered to reduce the risk or mitigate the consequences relating
				  to the situation or condition.
5.
				  The agreed-upon course of action, including responsibilities of both the tenant
				  and the facility.
6. The tenant's
				  understanding and acceptance of responsibility for the outcome from the
				  agreed-upon course of action.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter II - General Requirements for Operation › Section DHS 89.29 - Admission and retention of tenants

Current through June 24, 2024
(1) ADMISSION. No
				  residential care apartment complex may admit any of the following persons,
				  unless the person being admitted shares an apartment with a competent spouse or
				  other person who has legal responsibility for the individual:
(a) A person who has a court determination of
				  incompetence and is subject to guardianship under ch. 54, Stats.
(b) A person who has an activated power of
				  attorney for health care under ch. 155, Stats.
(c) A person who has been found by a
				  physician or psychologist to be incapable of recognizing danger, summoning
				  assistance, expressing need or making care decisions
Note:
This requirement is included because
					 tenants need to be competent to understand and express their needs and
					 preferences, enter into a service agreement and understand and accept
					 risk.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter II - General Requirements for Operation › Section DHS 89.295 - Variance for demonstration projects in family care pilots

Current through June 24, 2024
(1) In this
				  section, "variance" means permission to meet a requirement of this subchapter
				  by an alternative means.
(2) The
				  purpose of a variance granted under this section is to demonstrate efficient
				  ways of delivering and assuring the quality of supportive, personal and nursing
				  services in conjunction with delivery of the family care benefit as defined in
				  s.
				  46.2805(4),
				  Stats.
(3) The department may grant
				  a variance to a requirement of this subchapter when it is demonstrated to the
				  satisfaction of the department that granting the variance is consistent with
				  the purpose of the demonstration and will not jeopardize the health, safety,
				  welfare or rights of any resident in the residential care apartment complex.
				  The department may place a time limit and conditions on the variance.
(4) A request for variance shall be submitted
				  to the department in writing and shall include all of the following:
(a) The efficiencies and quality assurance
				  approaches to be demonstrated through the variance.
(b) Identification of each requirement from
				  which the variance is requested.
(c) A description of the alternative means by
				  which the facility will meet the intent of the requirements to be
				  varied.
(d) A plan for meeting the
				  care needs and ensuring the health, safety and welfare of tenants.
(e) An agreement to provide information to
				  and to cooperate with the department in monitoring and evaluating the quality
				  and cost effectiveness of the demonstration.
(f) A letter of support for the variance from
				  the care management organization as defined in s.
				  46.2805(1),
				  Stats., serving the area where the facility is located.
(g) Documentation that the facility has a
				  contract with a care management organization, as defined in s.
				  46.2805(1),
				  Stats., for services to its enrollees.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter III - Tenant Rights › Section DHS 89.32 - Facility policies and procedures

Current through June 24, 2024
A residential care apartment complex shall establish
					 written policies regarding tenant rights. Facility policies shall be consistent
					 with and include all of the rights contained in this
					 subchapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter III - Tenant Rights › Section DHS 89.33 - Explanation of tenant rights

Current through June 24, 2024
A residential care apartment complex shall explain and
					 provide copies of the tenant rights under this subchapter and of any related
					 facility policies and procedures to the tenant and to his or her designated
					 representative before the service agreement or any other written agreement
					 between the tenant and the facility is signed. A copy of the rights and related
					 policies shall be posted in a public place in the facility where they will be
					 visible to tenants, visitors and staff.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter III - Tenant Rights › Section DHS 89.35 - Grievances

Current through June 24, 2024
(1) A residential care apartment complex
				  shall have a written grievance procedure and shall provide a copy to each
				  tenant and tenant's designated representative, where applicable. Tenants of a
				  residential care apartment complex may file complaints with the department. The
				  grievance procedure shall include information about how to file a complaint
				  with the department.
Note:
Complaints may be filed with the
					 Department by writing or phoning the Bureau of Quality Assurance, Division of
					 Disability and Elder Services, P.O. Box 7851, Madison, WI 53707, (608)
					 266-0120.
(2) Any person
				  assigned by the residential care apartment complex to investigate the facts
				  associated with a grievance shall not have had any involvement in the issues
				  leading to the grievance.
(3) The
				  residential care apartment complex shall provide a written summary of the
				  grievance, findings, conclusions and any action taken as a result of the
				  grievance to the tenant, the tenant's designated representative, if any, and,
				  for tenants whose services are funded under s.
				  46.277, Stats., the county
				  department or aging unit designated to administer the medical assistance
				  waiver.
(4) Tenants of a
				  residential care apartment complex may file complaints with the department. The
				  department shall maintain a record of all complaints.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter III - Tenant Rights › Section DHS 89.36 - Coercion and retaliation prohibited

Current through June 24, 2024
Any form of coercion to discourage or prevent a tenant or
					 the tenant's guardian or designated representative from exercising any of the
					 rights under this subchapter or from filing a grievance or complaint is
					 prohibited. Any form of retaliation against a tenant for exercising his or her
					 rights or filing a grievance or complaint, or against an employee or service
					 provider who assists a tenant in exercising his or her rights or filing a
					 grievance or complaint, is prohibited.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter IV - Registration › Section DHS 89.41 - Applicability

Current through June 24, 2024
The provisions of this subchapter apply to a facility which
					 is applying to the department for registration as a residential care apartment
					 complex or which is registered by the department as a residential care
					 apartment complex.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter IV - Registration › Section DHS 89.42 - Information requirements, application procedure and form

Current through June 24, 2024
An applicant shall submit a completed application form to
					 the department to initiate the registration process. The application shall be
					 on a form supplied by the department that is signed and dated by the applicant
					 and shall include assurances that the applicant meets the definition and all
					 the requirements for a residential care apartment complex contained in this
					 chapter as well as all applicable federal, state and local statutes,
					 ordinances, rules and regulations.
To obtain a copy of the application form, contact the
						Bureau of Quality Assurance, Division of Disability and Elder Services, P.O.
						Box 7851, Madison, WI 53707. Phone: (608) 266-0120.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter IV - Registration › Section DHS 89.43 - Issuance

Current through June 24, 2024
(1) The department shall issue a statement of
				  registration upon receipt of a completed application and assurances.
(2) Registration shall be issued only for the
				  residential care apartment complex location, owner and operator identified in
				  the application form and is not transferable to any other residential care
				  apartment complex, owner or operator.
(3) The department may, without notice to the
				  facility, visit the facility at any time to determine if the facility meets the
				  requirements of this chapter. The owner or operator shall be able to verify
				  compliance with this chapter and shall provide the department access to the
				  residential care apartment complex and its staff, tenants and
				  records.
(4) A registered
				  residential care apartment complex shall notify tenants that, for registered
				  facilities, the department does not routinely inspect facilities or verify
				  compliance with the requirements for residential care apartment complexes and
				  does not enforce contractual obligations under the service or risk
				  agreements.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter IV - Registration › Section DHS 89.44 - Termination and revocation

Current through June 24, 2024
(1) A residential
				  care apartment complex's registration terminates whenever any of the following
				  occurs:
(a) There is a change in
				  ownership.
(b) The facility
				  discontinues operation.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter IV - Registration › Section DHS 89.45 - Appeals

Current through June 24, 2024
(1) If the registration of a facility is
				  revoked under s.
				  DHS
				  89.44(3) or , under s.
				  DHS
				  89.62(3), the application for
				  registration is denied, the facility may request a hearing on that decision
				  under s.
				  227.42,
				  Stats.
(2) A request for a hearing
				  shall be in writing and shall be filed with the department of administration's
				  division of hearings and appeals within 10 days after the date of notice of
				  enforcement action under s.
				  DHS
				  89.44(3) or
				  89.62(3). An appeal
				  is filed on the date that it is received by the division of hearings and
				  appeals.
A request for a hearing should be submitted to the
						Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter V - Certification › Section DHS 89.51 - Applicability

Current through June 24, 2024
The provisions of this subchapter apply to a facility which
					 is applying to the department for certification as a residential care apartment
					 complex for purposes of medical assistance reimbursement or is certified by the
					 department as a residential care apartment complex for purposes of medical
					 assistance reimbursement.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter V - Certification › Section DHS 89.52 - Standards for operation

Current through June 24, 2024
A certified residential care apartment complex shall
					 comply with the following standards for operation:
(1) The certified residential care apartment
				  complex shall have a contract with the county agency which administers the
				  medical assistance waiver under s.
				  46.277, Stats., if it receives
				  those funds.
(2) The certified
				  residential care apartment complex shall comply with all other applicable
				  requirements of the Medicaid Community Waivers Manual.
For a copy of the Medicaid Community Waivers Manual,
						contact Department of Administration Document Sales at (608)
						266-3358.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter V - Certification › Section DHS 89.53 - Certification procedures

Current through June 24, 2024
(1) APPLICATION. A
				  facility shall apply to the department to initiate the certification process.
				  The application shall be in writing and shall include the following:
(a) A completed application form provided by
				  the department.
(b) Approvals,
				  permits or other documentation that the residential care apartment complex is
				  in compliance with all applicable federal, state and local licensing, building,
				  zoning and environmental statutes, ordinances, rules and regulations.
(c) Any other documentation requested by the
				  department to determine whether the applicant complies with this chapter.
Note: To obtain a copy of the application form, contact the
					 Bureau of Quality Assurance, Division of Disability and Elder Services, P.O.
					 Box 7851, Madison, WI 53707. Phone: 608-266-0120.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter V - Certification › Section DHS 89.54 - Reporting of changes

Current through June 24, 2024
A certified residential care apartment complex operator
					 shall report to the department any change which may affect its compliance with
					 this chapter, including change in the residential care apartment complex
					 ownership, administration, building or continued operation, 30 days prior to
					 making the change. The department may require that the facility reapply for
					 certification when any of these changes take place.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter V - Certification › Section DHS 89.55 - Monitoring

Current through June 24, 2024
(1) The department shall conduct periodic
				  inspections of residential care apartment complexes during the period of
				  certification and may, without notice to the owner or operator, visit a
				  residential care apartment complex at any time to determine if the facility
				  continues to comply with this chapter. The owner or operator shall be able to
				  verify compliance with this chapter and shall provide the department access to
				  the residential care apartment complex and its staff, tenants and
				  records.
(2) The department may
				  require that the facility provide proof of building, fire, health, sanitation
				  or safety inspection of the facility and premises to document the facility's
				  compliance with this chapter and with other applicable statutes, ordinances,
				  rules and regulations. Such an inspection shall be performed by a Wisconsin
				  registered engineer or architect, a department of safety and professional
				  services certified commercial building inspector or other appropriate
				  professional as determined by the department.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter V - Certification › Section DHS 89.56 - Intermediate sanctions and penalties

Current through June 24, 2024
(1) NOTICE OF
				  VIOLATION. The department shall issue a written notice of violation when it
				  finds that a certified residential care apartment complex is in violation of
				  this chapter. The notice shall explain the grounds for the notice of violation,
				  the sanctions or penalties to be imposed, if any, and the process for
				  appeal.
(2) PLAN OF CORRECTION. A
				  residential care apartment complex shall submit a written plan of correction to
				  the department within 30 days after the date of the notice of violation. The
				  department may specify a time period of less than 30 days for submittal of the
				  plan of correction when it determines that the violation may be harmful to the
				  health, safety, welfare or rights of tenants.
(3) SANCTIONS. The department may order one
				  or more of the following sanctions:
(a) That
				  the facility stop violating the applicable provisions of this
				  chapter.
(b) That the facility
				  submit, implement and comply with a plan of correction for violations, subject
				  to department review and approval. The department may require the plan of
				  correction to be submitted and implemented within a time period specified by
				  the department and may require modifications to the facility's proposed plan of
				  correction.
(c) That the facility
				  comply with a plan of correction developed and imposed by the
				  department.
(d) That the facility
				  stop admissions until the violations are corrected.
(e) That the facility provide or secure
				  training for its service manager or other staff in areas specified by the
				  department.
(f) That medical
				  assistance or medical assistance waiver reimbursement for new admissions to the
				  facility be denied until all violations are corrected.
(g) That payment be disallowed for services
				  provided during the period of noncompliance.
(h) That a residential care apartment complex
				  cease operations if it is without a valid certification.
(i) That the facility's certification be
				  summarily suspended following procedures in ch. 227, Stats., when the
				  department finds that public health, safety or welfare requires emergency
				  action.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter V - Certification › Section DHS 89.57 - Revocation

Current through June 24, 2024
(1) REVOCATION. The department may revoke a
				  residential care apartment complex's certification whenever the department
				  finds that the residential care apartment complex has failed to maintain
				  compliance with one or more of the requirements set forth in this chapter. In
				  the event of revocation, the department shall provide the residential care
				  apartment complex with prior written notice of the proposed action, the reasons
				  for the action and notice of opportunity for appeal under s.
				  DHS
				  89.59.
(2)
				  NOTIFICATION. A residential care apartment complex shall immediately notify all
				  tenants and tenants' designated representatives, where appropriate, of any
				  notice of revocation under sub. (1) and the reasons for the revocation.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter V - Certification › Section DHS 89.58 - Coercion and retaliation prohibited

Current through June 24, 2024
No person may engage in any form of coercion to prevent a
					 tenant, employee or service provider from filing a complaint about a
					 residential care apartment complex or any form of retaliation against a tenant,
					 employee or service provider for filing a complaint.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter V - Certification › Section DHS 89.59 - Appeals

Current through June 24, 2024
(1) Any facility for which an application for
				  certification is denied or not renewed, for which certification is revoked or
				  summarily suspended or which is subject to an order for sanctions or penalties
				  may request a hearing on that decision under s.
				  227.42,
				  Stats. The hearing on a summary suspension order shall be limited to whether
				  the reason for the order continues.
(2) A request for a hearing shall be in
				  writing and shall be filed with the department of administration's division of
				  hearings and appeals within 10 days after the date of the notice under s.
				  DHS 89.53(2) (c) or (4)
				  (b),
				  89.56(1) or
				  89.57(1) or within 10
				  days after the date of the order under s.
				  DHS
				  89.56(3). An appeal is filed on the
				  date that it is received by the division of hearings and appeals.
A request for a hearing should be submitted to the
						Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter VI - Based Residential Facility › Section DHS 89.61 - Submission of additional information

Current through June 24, 2024
An applicant for registration or certification seeking to
					 convert a separate area of a nursing home or community-based residential
					 facility to a residential care apartment complex shall submit all of the
					 following information with the application:
(1) A description and floor plan or sketch
				  demonstrating physical separation as required in s.
				  DHS 89.22(4)
				  (b).
(2) A description of the programmatic
				  separation required in s.
				  DHS 89.22(4)
				  (c).
(3) The number of licensed nursing home beds
				  which the applicant agrees to delicense.
Section
						50.034(4),
						Stats., requires that a nursing home agree to reduce its licensed nursing home
						beds by the corresponding number of living units proposed for the conversion.
						The Wisconsin Veterans Home at King is exempt from this requirement.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter VI - Based Residential Facility › Section DHS 89.62 - Application review and approval

Current through June 24, 2024
(1) The department
				  shall review the additional information submitted under s.
				  DHS
				  89.61 with the application and may conduct site visits
				  to determine whether the facility meets the requirements for distinct part
				  facilities under s.
				  DHS
				  89.22(4).
(2) If the requirements of this chapter are
				  met, the department shall issue a statement of registration or certification to
				  the applicant.
(3) If the
				  requirements of this chapter are not met, the department shall issue a notice
				  of denial to the applicant.
(4) The
				  department shall issue the registration or certification or notice of denial
				  within 70 days after receiving the additional information required under s.
				  DHS
				  89.61 and completing any site visit. A notice of
				  denial shall include reasons for the action and notice of opportunity for
				  appeal under s.
				  DHS
				  89.45 or
				  89.59.
(5) There shall be a fee for application
				  review in an amount determined by the department.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				  51.44(5)
				  (a), Stats., to implement a statewide program
				  of services for children in the age group birth to 3 who are significantly
				  delayed developmentally insofar as their cognitive development, physical
				  development, including vision and hearing, communication development, social
				  and emotional development or development of adaptive behavior and self-help
				  skills is concerned, or are diagnosed as having a physical or mental condition
				  which is likely to result in significantly delayed
				  development.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.02 - Applicability

Current through June 24, 2024
This chapter applies to the department, to county agencies
				  administering the early intervention services program, to other county agencies
				  providing services under that program, and to all providers of early
				  intervention services who are under contract to or have entered into agreement
				  with county agencies to provide those services.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Assessment" means the initial and ongoing procedures used by qualified
				personnel and family members, following determination of eligibility, to
				determine an eligible child's unique strengths and needs and the nature and
				extent of early intervention services required by the child and the child's
				family to meet those needs.
(2)
				"Assistive technology device" means an item, piece of equipment or product
				system, whether acquired commercially off the shelf, modified or customized,
				that is used to increase, maintain or improve the functional capability of an
				eligible child.
(2m) "Assistive
				technology service" means a service that directly assists a child with a
				disability in the selection, acquisition or use of an assistive technology
				device.
(3) "Atypical development"
				means development that is unusual in its pattern, is not within normal
				developmental milestones, and adversely affects the child's overall
				development.
(4) "Birth to 3" means
				from birth up to but not including age 3.
(5) "Birth to 3 program" means the effort in
				Wisconsin under s.
				51.44,
				Stats., and this chapter that is directed at meeting the developmental needs of
				eligible children and meeting the needs of their families as these needs relate
				to the child's individual development.
(6) "Child" means a person in the age group
				birth to 3 with a developmental delay or disability as determined in accordance
				with criteria under s.
				DHS
				90.08(5) or (6).
(7) "Child find" means identifying, locating
				and evaluating children who may be eligible for the birth to 3
				program.
(8) "Consent" means, in
				reference to a parent, that the parent:
(a)
				Has been fully informed of all information relevant to an activity for which
				consent is sought, in the parent's language or other mode of
				communication;
(b) Understands that
				information;
(c) Agrees in writing
				to the activity for which consent is sought and the written consent describes
				that activity and lists the records, if any, that will be released in this
				connection, and to whom the records will be released; and
(d) Understands that the granting of consent
				is voluntary and may be revoked at any time.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.04 - Eligibility

Current through June 24, 2024
A child shall be eligible for early intervention services
				  under this chapter if the child is either:
(1) Determined by the EI team under s.
				DHS
				90.08 to be developmentally delayed; or
(2) Determined by the EI team under s.
				DHS
				90.08 to have a physician-diagnosed and documented
				physical or mental condition which has a high probability of resulting in a
				developmental delay.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.06 - County administrative agency designation and responsibilities

Current through June 24, 2024
(1)
				DEFINITIONS. In this section:
(a) "Annual
				income after disability deductions" means the annual parental income less a
				deduction of $3,300 for each member of the family participating in the birth to
				3 program and each child under 19 years of age with a disability as defined in
				s.
				46.272(1)
				(b), Stats.
(b) "Annual parental income" means total
				income of the legally responsible parent or parents as reported on the parent's
				most recent federal individual tax return.
(c) "Family" means people who share a
				residence and are any of the following:
1. A
				child eligible for the Birth to 3 Program.
2. A parent of a person in subd. 1.
3. Any minor in the residence for whom a
				person in subd. 2. is legally responsible.
(d) "Federal poverty guidelines" means the
				administrative version of the federal poverty measure, adjusted for families of
				different size, that are issued annually by the U.S. Department of Health and
				Human Services.
(e) "Full financial
				information" means information about parental income, expenses, and assets that
				the county administrative agency requests to determine the parental cost
				share.
(f) "Parent" means a child's
				adoptive or biological mother or father who has legal responsibility for the
				child.
(g) "Parental cost share"
				means an annual amount of money the county administrative agency determines to
				be due and payable currently from the parents.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.07 - Identification and referral

Current through June 24, 2024
(1) ESTABLISHMENT
				OF CHILD FIND SYSTEM. Each county administrative agency shall establish a
				comprehensive child find system to ensure that all children who may be eligible
				for the birth to 3 program are identified and referred for screening or for
				evaluation to determine eligibility for the birth to 3 program. The system
				shall include public awareness activities and an informed referral
				network.
(2) INFORMED REFERRAL
				NETWORK.
(a) A county administrative agency
				shall establish a formal system of communication and coordination among
				agencies and others within the community serving young children. This referral
				network shall identify and include local providers of services related to early
				intervention, enhance each provider's knowledge of eligibility criteria under
				this chapter and coordinate referrals to the local birth to 3
				program.
(b) The informed referral
				network shall be made up of all primary referral sources. Primary referral
				sources include but are not limited to:
1.
				Parents;
2. All agencies which
				receive funds directly or through a subcontract under relevant federal
				programs;
3. Health care providers
				such as neonatal intensive care units, perinatal follow-through clinics,
				hospitals, physicians, public health agencies and facilities, and
				rehabilitation agencies and facilities;
4. Day care providers;
5. Schools; and
6. Other qualified personnel and local
				providers of services to young children and their families.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.09 - Assessment

Current through June 24, 2024
(1) ASSESSMENT OF CHILD.
(a)
Initial assessment.
1. Once a child is determined under s.
				DHS
				90.08 to be eligible for early intervention services,
				the EI team shall, as needed, carry out additional observations, procedures and
				testing to assess and determine the child's unique developmental needs. All
				assessment tests and other materials and procedures shall comply with s.
				DHS
				90.08(7) (d).
2. Following the assessment under subd. 1.,
				the EI team shall prepare a report. This report need not be a separate document
				but may be made part of the EI team's report under s.
				DHS
				90.08(7) (h) or the IFSP under s.
				DHS
				90.10. The report shall include:
a. A summary of the assessment, including the
				child's strengths and needs; and
b.
				A list of potential services needed.
3. The service coordinator shall provide the
				child's parent with a copy of the assessment report.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.10 - Development of service plan

Current through June 24, 2024
(1) TIME LIMIT.
				Except as provided in sub. (2) (a), within 45 days after receiving a referral
				for initial evaluation of a child, the county administrative agency shall
				complete the evaluation under s.
				DHS
				90.08 and the assessment under s.
				DHS
				90.09 and the service coordinator shall convene a
				meeting to develop the initial IFSP.
(2) INTERIM IFSP.
(a)
Delay in completing evaluation
				and assessment.
If exceptional circumstances directly affecting the
				child or the child's family, such as illness of the child or a parent or the
				parent's refusal to consent to a procedure, make it impossible to complete the
				evaluation and assessment within 45 days, the county administrative agency
				shall:
1. Document the exceptional
				circumstances in the child's early intervention record;
2. Ensure that the service coordinator, the
				parent, at least one of the qualified personnel directly involved in the
				child's evaluation and assessment and, as appropriate, persons who will be
				providing services for the child and family develop and implement an interim
				IFSP which includes the service coordinator's name, the early intervention
				services that are needed immediately and the circumstances and reasons for
				development of the interim IFSP;
3.
				Obtain the parent's written consent to the services, and to a revised deadline
				for completion of the evaluation and assessment; and
4. Complete the evaluation within the
				extended period agreed upon by the family and EI team.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.11 - Service provision

Current through June 24, 2024
(1) COORDINATION.
(a)
Role of the service
				coordinator.
The service coordinator shall coordinate the delivery of
				all services across agency lines and serve as the single point of contact in
				helping a family obtain the services the child and family need as described in
				the IFSP.
(b)
Functions of
				the service coordinator.
Service coordination activities include:
1. Coordinating the performance of evaluation
				and assessments as described in ss.
				DHS
				90.08 and
				90.09;
2. Facilitating and participating in
				development, review and evaluation of the IFSP;
3. Assisting parents in identifying available
				service providers;
4. Facilitating
				access to services and coordinating and monitoring the timely provision of
				services;
5. Informing parents of
				the availability of advocacy services;
6. Coordinating with medical and other health
				care providers; and
7. Facilitating
				the development of transition plans under s.
				DHS 90.10(5)
				(f).
(c)
Qualifications of the service
				coordinator.
1. A service coordinator
				shall have at least one year of supervised experience working with families
				with special needs, and have demonstrated knowledge and understanding about:
a. Children in the age group birth to 3 who
				are eligible for the program;
b.
				Part C and the federal implementing regulations, 34 CFR Pt. 303, and this
				chapter; and
c. The nature and
				scope of services available under the birth to 3 program and how these are
				financed.
2. The service
				coordinator may be a person from the list of qualified personnel in s.
				DHS
				90.08(3) (b), another person with
				experience and training indicated under subd. 1. or a parent facilitator.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 90 - Early Intervention Services For Children From Birth To Age 3 With Developmental Needs › Section DHS 90.12 - Procedural safeguards for parents

Current through June 24, 2024
(1) PRIOR NOTICE.
(a) A reasonable time before a county
				administrative agency or service provider proposes or refuses to initiate or
				change any of the following, the county administrative agency or service
				provider shall provide written notice to the parent and ensure that the parent
				understands the notice:
1. Identification,
				evaluation or placement of a child; or
2. Provision of early intervention services
				to the child and the child's family.