Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 10 - Family Care › Subchapter VII - Assuring Timely Long-term Care Consultation › Section DHS 10.73 - Information and referral requirements for long-term care facilities

Current through June 24, 2024
(1) PURPOSE.
				  This section implements ss.
				  50.034(5m) to (5n) and
				  (8),
				  50.035(4m) to (4n) and
				  (11) and
				  50.04(2g) to
				  (2h), Stats., which establish requirements
				  for adult family homes, residential care apartment complexes, community-based
				  residential facilities and nursing homes to provide information to prospective
				  residents and to refer certain prospective or newly admitted residents to a
				  resource center and establish penalties for non-compliance.
(2) APPLICABILITY. Except as otherwise
				  specified, this section applies to a long-term care facility only to the extent
				  that the secretary has certified under s. DHS 10.71 that one or more resource
				  centers are available for referrals from the facility for one or more specified
				  target groups.
(3) PROVISION OF
				  INFORMATION REQUIRED. Subject to sub. (2), the long-term care facility shall
				  give to each prospective resident, the resident's guardian, or a representative
				  designated by the resident written information about the services of a resource
				  center, the family care benefit and the availability of screening to determine
				  the prospective resident's eligibility for the family care benefit. The
				  facility shall provide the information at the time it first provides, in
				  response to a request from the person or his or her representative, any written
				  information about the facility, its services or potential admission, or at the
				  time that it accepts an application for admission from the person, whichever is
				  first. The written information shall be provided to the facility by the
				  department or by the resource center that is the subject of the
				  information.
(4) REQUIRED REFERRAL.
(a) Subject to sub. (2), a long-term care
				  facility shall refer a person seeking admission to the facility to the resource
				  center serving the county in which the person resides or intends to reside, if
				  the person has a disability or condition expected to last at least 90 days and
				  is at least 65 years or age or has a developmental or physical disability. The
				  facility shall make the referral when it first provides an assessment of the
				  person's needs for nursing or residential services, or at the time that it
				  accepts an application for admission from the person. The facility is not
				  required to make the referral if any of the following applies:
1. The person is under the age of 17 years
				  and 6 months.
2. A functional
				  screen under s. DHS 10.33 has been completed for the person within the previous
				  6 months.
3. The person is seeking
				  admission to the long-term care facility only for respite care.
4. The person is an enrollee of a care
				  management organization.
5. The
				  long-term care facility has been notified that the person was referred to the
				  resource center by another entity within the previous 30 days.