Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter I - General Provisions › Section DHS 89.13 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Residential care apartment complex" or
				  "facility" means a place where 5 or more adults reside that consists of
				  independent apartments, each of which has an individual lockable entrance and
				  exit, a kitchen, including a stove, and individual bathroom, sleeping and
				  living areas, and that provides, to a person who resides in the place, not more
				  than 28 hours per week of services that are supportive, personal and nursing
				  services. "Residential care apartment complex" does not include a nursing home
				  or a community-based residential facility, but may be physically part of a
				  structure that is a nursing home or community-based residential
				  facility.
(2) "Residential care
				  apartment complex services" means services provided by a residential care
				  apartment complex, either directly or under contract, to meet needs identified
				  in a tenant's service agreement, to meet unscheduled care needs or to provide
				  emergency services 24 hours a day.
(3) "Bathroom" means a room with floor to
				  ceiling walls and a door which contains a toilet, a sink and a bathtub or
				  shower.
(4) "Community-based
				  residential facility" has the meaning specified in s.
				  50.01(1g),
				  Stats.
(5) "Comprehensive
				  assessment" means a systematic procedure for identifying an individual's
				  physical, health and social needs; preferences; and capacity for
				  self-care.
(6) "Congregate housing"
				  means multi-unit rental housing which offers limited social support for
				  tenants, including meals in a common dining room and space for group social and
				  recreational activities.
Note: Congregate housing may become a residential care
					 apartment complex if it chooses to offer supportive, personal and nursing
					 services.
(7) "Contract"
				  means all written agreements between the tenant and the residential care
				  apartment complex, including the service agreement, the risk agreement and any
				  rental or sales contract.
(8)
				  "Department" means the Wisconsin department of health services.
(9) "Designated representative" means anyone
				  identified by a tenant to represent the tenant in relation to the tenant's
				  residential care apartment complex. A designated representative may be a family
				  member, friend, health care agent, guardian or other person named by the
				  tenant.
(10) "Emergency assistance"
				  means aid provided in the event of a situation that creates an imminent risk of
				  serious harm to the health or safety of the person if he or she is not helped
				  immediately.
(11) "Functionally
				  distinct area" means a space that can be distinguished from other areas within
				  the apartment by its actual or intended use. A functionally distinct area need
				  not be a separate room.
(12)
				  "Health monitoring" means the assessment of physical, functional and cognitive
				  status to detect changes that may indicate health problems and to facilitate
				  appropriate intervention. Health monitoring includes assessment of nutritional
				  status, confusion, unsteady gait, urinary incontinence, edema of extremities,
				  fever, hypertension and other conditions.
(13) "Hospice care" means medical or support
				  services for management of a terminal illness furnished by a hospice as defined
				  in s.
				  50.90(1),
				  Stats.
(14) "Housing for the
				  elderly" means multi-unit rental housing that is specially designed for and
				  marketed to older people but does not offer supportive services, personal
				  services and nursing services to its tenants.
Note: Housing for the elderly may become a residential care
					 apartment complex if it chooses to offer supportive, personal and nursing
					 services.
(15) "Incapable
				  of making care decisions" means unable to understand one's own needs for
				  supportive, personal or nursing services; to choose what, if any, services one
				  wants to receive to meet those needs; and to understand the outcome likely to
				  result from that choice. The term refers to the ability to make a decision and
				  not to the content or result of the decision.
(16) "Independent apartment" means an
				  individual living unit that has its own individual lockable entrance and exit,
				  kitchen, bathroom, sleeping and living areas.
(17) "Individual lockable entrance and exit"
				  means a door that provides access to an independent apartment and is equipped
				  with an individually keyed lock which is operable from both inside and outside
				  the unit and which the tenant can open, close and lock to ensure
				  privacy.
(17m) "Involuntary
				  administration of psychotropic medication" means any of the following:
(a) Placing psychotropic medication in an
				  individual's food or drink with knowledge that the individual protests receipt
				  of the psychotropic medication.
(b)
				  Forcibly restraining an individual to enable administration of psychotropic
				  medication.
(c) Requiring an
				  individual to take psychotropic medication as a condition of receiving
				  privileges or benefits.