reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 77 - Service Fund For People Who Are Deaf, Deafblind Or Hard Of Hearing › Section DHS 77.06 - Communication access services providers eligible for payment

Current through June 24, 2024
(1) PAYMENT. The
				department may provide payment to communication access services providers
				listed under s. DHS 77.09 (1).
(2)
				EXCEPTIONS. The department shall pay communication access service providers in
				any situation when it determines that the deaf, deafblind or hard of hearing
				person's request for a specific communication access services provider is
				justified based on that provider's understanding of the subject matter,
				particular communication method, or unique suitability for a particular
				appointment as determined by the person or agency requesting communication
				access services.
Note:
This exception includes a request for a
				  Sign Support Provider for individuals who are deafblind.
(3) CANCELLING AN APPOINTMENT.
(a)
Person or agency.
1. Before canceling an appointment for which
				the department has approved payment and for which a communication access
				services provider has been scheduled, the person who or agency that requested
				communication access services shall give the provider a minimum of 48 hours'
				notice.
2. When a person or agency
				that requested communication access services misses an appointment for which
				the department has approved payment and does not give prior notification of the
				cancellation because of circumstances outside of the control of the person or
				agency, the department shall pay the communication access services provider for
				2 hours of communication access services.
Note:
The Department is not the ultimate payor
				  in cases where the Department bills another entity for communication access
				  services such as those described in s. DHS 77.08 (2).
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 77 - Service Fund For People Who Are Deaf, Deafblind Or Hard Of Hearing › Section DHS 77.07 - Payment policies

Current through June 24, 2024
(1) RATES. The department shall pay for
				communication access services providers according to licensure, certification
				and specialized skills, with the credentials requiring the most skill receiving
				the highest rates of pay.
(2)
				PAYMENT POLICIES.
(a) To be eligible for
				department payment, an individual or agency that provides communication access
				services providers shall provide to the department any necessary documentation
				or forms to be added to the list of approved vendors.
Note:
The proofs and confirmations in par. (a)
				  ensure that the agency is not required by federal or state law to provide
				  communication access services.
(b) A state employee who is a communication
				access services be paid for assignments completed after normal working hours,
				while on vacation or during leave without pay. The state employee shall
				demonstrate that there is no conflict of interest by obtaining the prior
				approval of his or her supervisor.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 77 - Service Fund For People Who Are Deaf, Deafblind Or Hard Of Hearing › Section DHS 77.08 - Billing and collections

Current through June 24, 2024
(1) Services provided under this chapter are
				subject to the provisions of ch. DHS 1 for ability to pay, billing and
				collection purposes.
(2) The
				department shall bill any federal, state, county, municipal or private agency
				for requested communication access services reimbursed by the department if the
				department determines that the agency is required under state or federal law to
				provide communication access services to a deaf or hard of hearing person or if
				the agency is not required to provide communication access services but agrees
				to pay for the services.
(3) The
				department shall deposit all monies collected under this section into the
				appropriation under s.
				20.435(1)
				(hs), Stats.
(4) If any agency identified under sub. (2)
				does not pay a bill, the bill shall be referred to the department's bureau of
				fiscal services for collection.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 77 - Service Fund For People Who Are Deaf, Deafblind Or Hard Of Hearing › Section DHS 77.09 - List of communication access services providers

Current through June 24, 2024
(1) The department
				shall maintain a list of communication access services providers. To be
				included in the list, a person or agency shall provide documentation of
				licensure, certifications and any specialized training. The list shall include
				the following information for each person:
(a)
				Name.
(b) Address and telephone
				number.
(c) Licensure,
				certifications and any specialized training.
Note:
Communication access services providers
				  wishing to be included in the list should contact the Office for the Deaf and
				  Hard of Hearing by mail at P.O. Box 7851, Madison, WI 53707, by fax at
				  608-264-9899, or in person at 1 West Wilson Street in Madison. The list is also
				  available at
www.dhs.wisconsin.gov/odhh/Interpreting/InterpreterDirectory.htm
.
Note:
Sign language interpreters must be
				  licensed by the Department of Safety and Professional Services and a captionist
				  must be certified by the National Court Reporters Association to be added to
				  this list.
Note:
Communication access service agencies
				  shall provide the names of all providers and their respective
				  credentials.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 77 - Service Fund For People Who Are Deaf, Deafblind Or Hard Of Hearing › Section DHS 77.10 - Grievances

Current through June 24, 2024
If an individual providing communication access services
				  under this chapter or an individual or agency receiving communication access
				  services under this chapter is dissatisfied with any action or decision of the
				  department relating to communication access services, the individual or agency
				  may file a grievance, in writing, over the phone, or videophone with the
				  department. The grievance shall be addressed to the department's division of
				  public health and shall be received by the administrator's office of the
				  division of public health within 45 days after the date of the department's
				  action or decision.
To file a grievance, write or phone Director, Office for
					 the Promotion of Independent Living, Division of Public Health, P.O. Box 7851,
					 Madison, Wisconsin 53707, 608-261-7823. Written grievances may be submitted by
					 email to amber.mullett@dhs.wisconsin.gov. Grievances may also be filed in
					 person at 1 West Wilson Street in
					 Madison.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 78 - Telecommunication Assistance For Deaf, Deafblind And Severely Hard Of Hearing Persons › Section DHS 78.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				  46.297(4),
				  Stats., for the purpose of implementing the telecommunication assistance
				  program (TAP) for persons who are deaf, deafblind or severely hard of hearing.
				  The chapter sets forth eligibility requirements, uniform application
				  procedures, criteria for granting assistance and policies relating to the
				  purchase and maintenance of the telecommunications equipment.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 78 - Telecommunication Assistance For Deaf, Deafblind And Severely Hard Of Hearing Persons › Section DHS 78.02 - Applicability

Current through June 24, 2024
This chapter applies to the department and to all deaf,
				  deafblind and severely hard of hearing persons who apply to the department for
				  program funding for the purchase of telecommunication equipment for their
				  homes.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 78 - Telecommunication Assistance For Deaf, Deafblind And Severely Hard Of Hearing Persons › Section DHS 78.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Deaf, deafblind, or severely hard of hearing" means a hearing loss significant
				enough to prevent the individual from accessing distance communication services
				without technological adaptations that facilitate effective communication in a
				visual, audible, or tactile mode.
(2) "Department" means the Wisconsin
				department of health services.
(2m)
				"Distance Communications" means an exchange of information between two
				different locations via transmission facilities using any part of the
				electromagnetic spectrum.
(2q)
				"Hearing Instrument Specialist" has the meaning given in s.
				459.01(3),
				Stats.
(3) "Household" means a
				residence unit whose members share a common living arrangement and
				finances.
(4) "Public service
				commission" or "PSC" means the public service commission of
				Wisconsin.
(5) "TAP manager" means
				the department's staff responsible for overseeing the Telecommunication
				Assistance Program.
(6)
				"Telecommunication assistance program" or "TAP" means a financial assistance
				program created by s.
				46.297,
				Stats., for the purpose of making distance communications and telecommunication
				devices available to individuals who are deaf, deafblind, and severely hard of
				hearing.
(7) "Telecommunication
				device" or "device" means any technology needed by an individual who is deaf,
				deafblind, or severely hard of hearing to facilitate the individual's use of
				distance communications.
(8)
				"Telecommunication Equipment Purchase Program" or "TEPP" means the financial
				assistance program under s.
				196.218,
				Stats., and administered by the public service commission under s.
				PSC
				160.071.
(9) "Wisconsin adjusted gross income" has the
				meaning prescribed in s.
				71.01(13),
				Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 78 - Telecommunication Assistance For Deaf, Deafblind And Severely Hard Of Hearing Persons › Section DHS 78.04 - Application procedure

Current through June 24, 2024
(1) APPLICATION FORM AND HEARING LOSS
				DOCUMENTATION. To apply for assistance from TAP, the applicant shall submit to
				the department a completed application form and any of the following:
(a) A signed certification of hearing loss
				form.
(b) An audiogram from a
				certified audiologist.
(c)
				Documentation of hearing tests conducted pursuant to ch. HAS 4, by a hearing
				instrument specialist, within 6 months of the date of the application, and that
				demonstrate the applicant's need for hearing instruments.
Note:
Instructions on how to apply for the TAP
				  program and all necessary forms can be found online at:
http://www.dhs.wisconsin.gov/odhh/TAP/index.htm
.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 78 - Telecommunication Assistance For Deaf, Deafblind And Severely Hard Of Hearing Persons › Section DHS 78.05 - Eligibility requirements

Current through June 24, 2024
An applicant shall meet the following requirements to be
				  eligible for TAP assistance:
(1)
				CERTIFICATION OF HEARING LOSS. The applicant shall be certified as deaf,
				deafblind, or severely hard of hearing by a licensed physician, a hearing
				instrument specialist, or an audiologist who is certified by the American
				Speech and Hearing Association.
(2)
				RESIDENCY. An applicant shall be either a Wisconsin resident or a tax dependent
				of a Wisconsin resident.
(3) INCOME
				ELIGIBILITY.
(a) The Wisconsin adjusted gross
				income of the applicant's household as reported for Wisconsin income tax
				purposes for the most recent annual tax reporting period shall be equal to or
				less than 200% of the poverty line established under
				42
				USC 9902(2) as updated
				annually or more often by the secretary of the U.S. department of health and
				human services.
(b) If an applicant
				is claimed as a dependent for income tax purposes, the adjusted gross income of
				the person or persons claiming the applicant as a dependent shall be listed on
				the application form and shall be used to determine income
				eligibility.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 78 - Telecommunication Assistance For Deaf, Deafblind And Severely Hard Of Hearing Persons › Section DHS 78.06 - TAP assistance restrictions

Current through June 24, 2024
The following restrictions apply to the provision of TAP
				  assistance:
(1) Eligible applicants
				shall be granted TAP assistance on a first-come, first-served basis subject to
				availability of funds.
(3) A
				recipient of TAP assistance may not reapply for assistance more often than once
				every 3 years unless there is a significant or functional change in disability
				that requires different or other telecommunication devices.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 78 - Telecommunication Assistance For Deaf, Deafblind And Severely Hard Of Hearing Persons › Section DHS 78.07 - Purchase and care of telecommunication devices

Current through June 24, 2024
(1) PURCHASE OF
				DEVICES. If the department approves the issuance of a TAP voucher to an
				eligible applicant, the voucher may only be used for department-approved
				telecommunication devices.
(2)
				WARRANTY AND MAINTENANCE OF DEVICES.
(a) The
				recipient may purchase only a device that is warranted by the manufacturer or
				distributor for a period of not less than one year.
(b) Recipients shall maintain the device when
				the warranty expires.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 82 - Certified Adult Family Homes › Section DHS 82.01 - Introduction

Current through June 24, 2024
(1) AUTHORITY AND PURPOSE. This chapter is
				promulgated under the authority of s.
				50.02(2)
				(am) 1, Stats., to establish certification
				standards for the operation of adult family homes in order to protect and
				promote the health, safety and welfare of persons residing in and receiving
				care and maintenance in these homes.
(2) APPLICABILITY. This chapter applies to
				the department, county certifying agencies and contracted certifying agencies
				and adult family home sponsors and substitute providers.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 82 - Certified Adult Family Homes › Section DHS 82.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Activities of daily living" means:
(a)
				Activities relating to the performance of self care and engaging in leisure or
				recreational activities. "Self care" includes dressing, eating, bathing,
				grooming, toileting, mobility, object manipulation, ambulation and
				rest;
(b) Activities relating to
				home and household management, including preparing meals, shopping and chores,
				personal housekeeping, using the telephone, managing one's personal finances,
				and health care activities including taking medicine, applying or changing
				dressings and using a medical device; and
(c) Activities involving movement about in
				one's community, for purposes that include accessing and participating in
				vocational, recreational and social activities in the community with other
				members of the community.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 82 - Certified Adult Family Homes › Section DHS 82.03 - Certification

Current through June 24, 2024
(1) CERTIFICATION REQUIREMENTS. No person may
				operate an adult family home unless a certifying agency certifies that the home
				is in compliance with all requirements of s.
				50.032,
				Stats., and this chapter.
(2)
				APPLICATION FOR CERTIFICATION.
(a) Application
				for certification shall be made on a department-approved form provided by the
				certifying agency. The application form shall be signed by the applicant.
Note: To obtain a copy of the application form, contact the
				  certifying agency in the county in which the prospective family home is located
				  or write or call: Resident Care Review Section, Bureau of Quality Assurance,
				  Division of Disability and Elder Services, P.O. Box 2969, Madison, WI
				  53701-0309; (608) 266-8481.
(b) No applicant previously denied
				certification or whose certificate was revoked may reapply for certification
				within 2 years after the effective date of the notice of denial or revocation
				unless the applicant documents to the satisfaction of the certifying agency
				that the condition which caused the denial or revocation has been
				corrected.
(c) Before an applicant
				for an initial certificate may be certified to operate an adult family home,
				the applicant shall submit an application form and any other documentation
				required by this chapter or requested by the certifying agency to determine
				whether the applicant complies with this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 82 - Certified Adult Family Homes › Section DHS 82.04 - Sponsor qualifications

Current through June 24, 2024
(1) AGE AND ABILITY. The sponsor and every
				substitute provider shall be at least 18 years of age and shall be physically,
				emotionally and mentally capable of providing responsible adult family home
				care.
(2) PERSONAL QUALIFICATIONS.
				The sponsor and any substitute provider shall be persons who are responsible,
				mature and of reputable character, who exercise sound judgment and display the
				capacity to successfully care for developmentally disabled adults. An applicant
				for certification or a sponsor requesting renewal of certification shall
				provide any information requested by the certifying agency to assist in
				evaluating the applicant's, sponsor's or substitute provider's character and
				qualifications. In assessing character and qualifications, the certifying
				agency may consider evidence of abuse or fraud, substantial or repeated
				violations of applicable or related statutes and rules in the applicant's,
				sponsor's or substitute provider's operation of or employment in any care
				facility or service agency, or in the applicant's, sponsor's or substitute
				provider's care of dependent persons, and conviction within the previous 5
				years of a crime substantially related to caring for a dependent
				population.
(3) FINANCIAL SECURITY.
				The sponsor shall present evidence of having or having access to sufficient
				financial reserves to meet the needs of all residents and of all members of the
				household for whom the sponsor is financially responsible and to ensure the
				adequate functioning of the home for a period of at least 30 days without
				receiving payment for the care of any resident.
(4) HEALTH.
(a) The sponsor and any substitute provider
				shall be in good health. Each applicant for initial certification or for
				recertification shall submit a statement from a physician certifying that a
				physical examination was completed and that the applicant does not have an
				illness or condition that would threaten the health, safety or welfare of
				residents or interfere with the person's capacity to provide care. The
				statement from a physician may not be dated more than 2 years prior to the date
				of the application. A statement from a physician which is contained in the
				applicant's children's foster home records and released by the applicant to the
				certifying agency may be substituted for the statement required in this
				paragraph.
(b) If the certifying
				agency suspects or has reason to believe that the applicant, sponsor,
				substitute provider or other household member may pose a threat to the health,
				safety or welfare of residents, the certifying agency may require a physical
				examination, an alcohol or drug abuse assessment or a mental health evaluation
				of the person as a condition of initial or continued certification.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 82 - Certified Adult Family Homes › Section DHS 82.06 - Placement

Current through June 24, 2024
(1) NEW RESIDENT. When an adult resident
				leaves an adult family home on a permanent basis, he or she may be replaced by
				another adult who is developmentally disabled.
(2) INFORMATION ABOUT THE ADULT FAMILY HOME.
(a) The certifying agency shall provide a
				prospective resident and that person's guardian, service coordinator and
				referring agency with copies of this chapter upon request and information about
				any adult family home where a resident has left on a permanent basis and where
				the sponsor wants the former resident to be replaced. The information about the
				home shall include any records of previous violations of any rule of which the
				certifying agency is aware and any complaints made by or on behalf of residents
				concerning these rules or ch. DHS 94.
(b) The sponsor shall ensure that a
				prospective resident who is seeking to replace a former resident on a permanent
				basis is given the opportunity to meet residents and spend time at the home
				before entering into the agreement for services under sub. (3). This may
				include visits during the day and overnight stays in the home.
(c) The sponsor shall give at least 30 days
				written notice to the resident, the resident's guardian, if any, and to all
				other parties involved in the service agreement under sub. (3) if the sponsor
				intends to change the amount or mode of payment.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 82 - Certified Adult Family Homes › Section DHS 82.07 - Resident care

Current through June 24, 2024
(1) GENERAL REQUIREMENTS.
(a) The sponsor shall provide a safe,
				emotionally stable, homelike and humane environment which encourages a
				resident's autonomy, addresses a resident's need for physical and emotional
				privacy and takes a resident's preferences and choices and status as an adult
				into consideration while providing care and supervision.
(b) The sponsor shall plan activities and
				services with the residents to accommodate individual resident needs and
				preferences and shall provide opportunities for the residents to participate in
				cultural, religious, political, social and intellectual activities within the
				home and community. Residents may not be compelled to participate in these
				activities.
(c) The sponsor shall
				allow a resident to participate in all activities that the resident selects and
				is capable of learning unless the resident's individualized service plan
				indicates otherwise.
(d) The
				sponsor shall arrange for a substitute provider when the sponsor is gone
				overnight or when the sponsor's absence prevents the resident from receiving
				the services or supervision specified in the individualized service plan
				developed under s.
				DHS
				82.06(5).
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 82 - Certified Adult Family Homes › Section DHS 82.08 - Termination of placement

Current through June 24, 2024
A sponsor may terminate a resident's placement only after
				  giving the resident, the resident's guardian, if any, and the resident's
				  service coordinator 30 days written notice, except that 30 days notice is not
				  required for an emergency termination necessary to prevent harm to the health
				  and safety of the resident or other household members.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 82 - Certified Adult Family Homes › Section DHS 82.09 - Records and information requests

Current through June 24, 2024
(1) RESIDENT
				RECORDS. The sponsor shall maintain a record for each resident. Resident
				records shall be maintained in a secure location within the home. A resident or
				the resident's guardian shall be given access to the resident's record upon
				request. The record shall be kept confidential in accordance with s.
				51.30, Stats., and ch.
				DHS 92. Each record shall contain:
(a) The
				resident's name and date of birth;
(b) If the resident has a guardian, the name,
				address and phone number of the guardian;
(c) The name, address and phone number of
				every person, including the physician, to be notified in the event of an
				emergency;
(d) The name, address
				and phone number of the referring agency and the service coordinator;
(e) Medical insurance identification numbers
				and the name of any pharmacy that the resident uses;
(f) The agreement for services required under
				s.
				DHS
				82.06(3);
(g) The report of the medical examination
				required under s.
				DHS
				82.06(4);
(h) The individualized service plan required
				under s.
				DHS
				82.06(5); and
(i) Evidence that the resident and the
				resident's guardian, if any, received notification of residents' rights
				specified in s.
				51.61, Stats.,
				and ch. DHS 94, as required under s.
				DHS
				82.10(5).
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter I - General Provisions › Section DHS 83.01 - Authority and purpose

Current through June 24, 2024
(1) This chapter is promulgated under the
				  authority of s.
				  50.02(2),
				  Stats., to develop and establish regulations and standards for the care,
				  treatment or services, and health, safety, rights, welfare, and comfort of
				  residents in CBRFs.
(2) The chapter
				  is intended to ensure all CBRFs provide a living environment for residents that
				  is as homelike as possible and is the least restrictive of each resident's
				  freedom; and that care and services a resident needs are provided in a manner
				  that protects the rights and dignity of the resident and that encourages the
				  resident to move toward functional independence in daily living or to maintain
				  independent functioning to the highest possible extent.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter I - General Provisions › Section DHS 83.03 - Variance and waiver

Current through June 24, 2024
(1) In this section:
(a) "Variance" means the granting of an
				  alternate means of meeting a requirement in this chapter.
(b) "Waiver" means the granting of an
				  exemption from a requirement of this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter II - Licensing › Section DHS 83.04 - Licensing categories

Current through June 24, 2024
The department shall license each CBRF as follows:
(1) SIZE.
(a) A CBRF for 5 to 8 residents is a small
				  CBRF.
(b) A CBRF for 9 to 20
				  residents is a medium CBRF.
(c) A
				  CBRF for 21 or more residents is a large CBRF.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter II - Licensing › Section DHS 83.05 - Application requirements

Current through June 24, 2024
(1) No person may
				  conduct, maintain, operate or permit to be maintained or operated a CBRF unless
				  the CBRF is licensed by the department. A person who assumes ownership interest
				  in a CBRF, regardless of whether the transfer includes title to the real
				  estate, or changes the location of the CBRF shall complete an application as
				  required under sub. (2).
(2) An
				  application for initial licensure shall be on a form provided by the department
				  and shall be accompanied by all of the following:
(a) A program statement as specified under s.
				  DHS
				  83.06(1).
(b) A floor plan specifying dimensions of the
				  CBRF, exits and planned room usage.
(c) A fire inspection form.
(d) All required fees.
(e) A balance sheet.
(f) Evidence that the applicant has 60 days
				  of projected operating funds in reserve.
(g) Any additional information requested by
				  the department.
Note: A copy of the application form, F60287, can be
					 obtained at http://dhs.wisconsin.gov/forms/DQAnum.asp [File Link Not Available]
					 or by contacting the Division of Quality Assurance Regional Office listed in
					 Appendix A.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter II - Licensing › Section DHS 83.06 - Program statement

Current through June 24, 2024
(1) CONTENT. The program statement shall
				  accurately include all of the following:
(a)
				  The name of the licensee, the administrator and the staff position in charge
				  when the licensee or administrator is away from the CBRF.
(b) Employee availability, including 24 hour
				  staffing patterns and the availability of a licensed nurse, if any.
(c) The resident capacity of the
				  CBRF.
(d) The class of the CBRF
				  under s.
				  DHS
				  83.04(2).
(e) The client group to be served. If serving
				  more than one client group, the program statement shall include an explanation
				  acceptable to the department of how the client groups are compatible with one
				  another.
(f) A complete description
				  of the program goals and services consistent with the needs of
				  residents.
(g) Limitations of
				  services, including the criteria for determining who may reside in the
				  CBRF.
(h) Respite care services, if
				  provided.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter II - Licensing › Section DHS 83.07 - Fit and qualified

Current through June 24, 2024
(1) ELIGIBILITY. An applicant may not be
				  licensed unless the department determines the applicant is fit and qualified to
				  operate a CBRF.
(2) STANDARDS. In
				  determining whether a person is fit and qualified, the department shall
				  consider all of the following:
(a)
Compliance history.
Compliance history with Wisconsin or any
				  other state's licensing requirements and with any federal certification
				  requirements, including any license revocation or denial.
(b)
Criminal history.
Arrest
				  and criminal records, including any of the following:
1. Crimes or acts involving abuse, neglect or
				  mistreatment of a person or misappropriation of property of the
				  person.
2. Crimes or acts subject
				  to elder abuse reporting under s.
				  46.90,
				  Stats.
3. Crimes or acts related to
				  the manufacture, distribution, prescription, use, or dispensing of a controlled
				  substance.
4. Fraud or substantial
				  or repeated violations of applicable laws and rules in the operation of any
				  health care facility or in the care of dependent persons.
5. A conviction or pending criminal charge
				  which substantially relates to the care of adults or minors, to the funds or
				  property of adults or minors, or to the operation of a residential or health
				  care facility.
(c)
Financial history.
Financial stability, including:
1. Financial history and financial viability
				  of the owner or related organization.
2. Outstanding debts or amounts due to the
				  department or other government agencies, including unpaid forfeitures and
				  fines.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter II - Licensing › Section DHS 83.08 - Department action

Current through June 24, 2024
(1) INITIAL LICENSE.
(a) Within 70 days after receipt of a
				  complete application, the department shall either approve or deny the license.
				  The initial license issued by the department to an applicant may be a
				  probationary license.
(b) A
				  probationary or regular license issued by the department shall be only for the
				  premises and persons named in the application. A license may not be transferred
				  or assigned.
(c) A probationary
				  license may be valid for up to 12 months, unless sooner revoked.
(d) A regular license is valid until
				  suspended or revoked by the department.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter II - Licensing › Section DHS 83.09 - Biennial report and fees

Current through June 24, 2024
Every 24 months, on a date determined by the department,
					 the licensee shall submit a biennial report on the form provided by department,
					 and shall submit payment of the license continuation fees.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter II - Licensing › Section DHS 83.10 - Change of ownership

Current through June 24, 2024
(1) DUTIES OF THE TRANSFEROR.
(a) The transferor shall notify the
				  department within 30 days before the final change of ownership of a CBRF and
				  shall include the name and contact information of the transferee.
(b) The transferor remains responsible for
				  the operation of the CBRF until the department issues a license to the
				  transferee, unless the CBRF voluntarily closes, and relocates all
				  residents.
(c) The transferor shall
				  disclose to the transferee any existing department waiver, variance or
				  outstanding deficiencies. The transferee shall apply for continuation of any
				  existing waivers or variances, if necessary.
(d) The transferor shall follow the
				  requirements for transferring financial responsibility under s.
				  DHS
				  83.34(7).
(e) The transferor shall remain liable for
				  all forfeitures assessed against the facility which is imposed for violations
				  occurring prior to transfer of ownership.
(f) The transferor shall notify residents or
				  resident's legal representatives no less than 7 days in advance of the transfer
				  of ownership.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter II - Licensing › Section DHS 83.11 - Facility closing

Current through June 24, 2024
(1) Any CBRF that intends to close shall
				  notify the department in writing at least 30 days before closing and comply
				  with the requirements under s.
				  50.03(5m),
				  Stats., and s.
				  DHS
				  83.31.
(2)
				  If a CBRF is closing, intends to close, or changes its type or level of service
				  or means of reimbursement and will relocate 5 residents or 5% of the CBRF's
				  residents, whichever is greater, the CBRF shall follow the procedures under s.
				  50.03(14),
				  Stats.
(3) The CBRF shall surrender
				  the license to the department when the CBRF closes.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter II - Licensing › Section DHS 83.12 - Investigation, notification, and reporting requirements

Current through June 24, 2024
(1) DEATH
				  REPORTING.
(a)
Resident death related
				  to physical restraint, psychotropic medication or suicide.
No later
				  than 24 hours after the death of a resident, the CBRF shall report the death to
				  the department if there is reasonable cause to believe the death was related to
				  the use of a physical restraint or psychotropic medication, or was a
				  suicide.
(b)
Resident death
				  related to an accident or injury.
When a resident dies as a result of
				  an incident or accident not related to the use of a physical restraint,
				  psychotropic medication, or suicide, the CBRF shall send a report to the
				  department within 3 working days of the resident's death.
(c)
Resident death due to natural
				  causes.
A CBRF is not required to report a death to the department if
				  the death is the result of natural causes, and none of the circumstances
				  surrounding the death involve a condition under par. (a) or (b).
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter II - Licensing › Section DHS 83.13 - General records, retention and posting

Current through June 24, 2024
(1) GENERAL
				  RECORDS. The CBRF shall maintain documentation of all of the following:
(a) Investigations and reports of all
				  allegations of abuse or neglect of a resident, or misappropriation property as
				  required under s.
				  DHS
				  83.12(2).
(b) Investigations and reports of all
				  injuries of unknown source as required under s.
				  DHS
				  83.12(3).
(c) Employees' schedules as required under s.
				  DHS
				  83.36(2).
(d) Maintenance of the heating system as
				  required under s.
				  DHS 83.46(1)
				  (c).
(e) Flue maintenance as required under s.
				  DHS 83.46(1)
				  (e).
(f) Results of the annual well water testing
				  as required under s.
				  DHS
				  83.46(3), if the CBRF does not use a
				  public water supply.
(g) Dates,
				  times and total evacuation times of quarterly fire drills as required under s.
				  DHS 83.47(2)
				  (d).
(h) Residents' evacuation time and type of
				  assistance as required under s.
				  DHS 83.47(2)
				  (d).
(i) Results of the annual fire inspection as
				  required under s.
				  DHS
				  83.47(3).
(j) Results of the CBRF's smoke and heat
				  detection system testing as required under s.
				  DHS
				  83.48(3).
(k) Results of testing and maintenance of the
				  smoke and heat detection system in a building with multiple occupancies as
				  required under s.
				  DHS 83.57(1)
				  (c).
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter III - Personnel › Section DHS 83.14 - Licensee

Current through June 24, 2024
(1) QUALIFICATIONS.
(a) A licensee shall be at least 21 years of
				  age and be fit and qualified under s.
				  50.03(4),
				  Stats., and s.
				  DHS
				  83.07.
(b)
				  A licensee shall meet the caregiver background requirements under s.
				  50.065,
				  Stats., and ch. DHS 12.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter III - Personnel › Section DHS 83.15 - Administrator

Current through June 24, 2024
(1) QUALIFICATIONS. The administrator of a
				  CBRF shall be at least 21 years of age and exhibit the capacity to respond to
				  the needs of the residents and manage the complexity of the CBRF. The
				  administrator shall have any one of the following qualifications:
(a) An associate degree or higher from an
				  accredited college in a health care related field.
(b) A bachelor's degree in a field other than
				  in health care from an accredited college and one year experience working in a
				  health care related field having direct contact with one or more of the client
				  groups identified under s.
				  DHS
				  83.02(16).
(c) A bachelor's degree in a field other than
				  in health care from an accredited college and have successfully completed an
				  assisted living administrator's training course approved by the department or
				  the department's designee.
(d) At
				  least 2 years experience working in a health care related field having direct
				  contact with one or more of the client groups identified under s.
				  DHS
				  83.02(16) and have successfully
				  completed an assisted living administrator's training course approved by the
				  department or the department's designee.
(e) A valid nursing home administrator's
				  license issued by the department of safety and professional services.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter III - Personnel › Section DHS 83.16 - Employee

Current through June 24, 2024
(1) Each employee shall have the skills,
				  education, experience and ability to fulfill the employee's job
				  requirements.
(2) Resident care
				  staff shall be at least 18 years old.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter III - Personnel › Section DHS 83.17 - Hiring and employment

Current through June 24, 2024
(1) CAREGIVER BACKGROUND CHECK. At the time
				  of hire, employment or contract and every 4 years after, the licensee shall
				  conduct and document a caregiver background check following the procedures in
				  s.
				  50.065,
				  Stats., and ch. DHS 12. A licensee shall not employ, contract with or permit a
				  person to reside at the CBRF if the person has been convicted of the crimes or
				  offenses, or has a governmental finding of misconduct, found in s.
				  50.065,
				  Stats., and ch. DHS 12, Appendix A, unless the person has been approved under
				  the department's rehabilitation process as defined in ch. DHS 12.
(2) EMPLOYEE HEALTH COMMUNICABLE DISEASE
				  CONTROL.
(a) The CBRF shall obtain
				  documentation from a physician, physician assistant, clinical nurse
				  practitioner or a licensed registered nurse indicating all employees have been
				  screened for clinically apparent communicable disease including tuberculosis.
				  Screening for tuberculosis shall be conducted using centers for disease control
				  and prevention standards. The screening and documentation shall be completed
				  within 90 days before the start of employment. The CBRF shall keep screening
				  documentation confidential, except the department shall have access to the
				  screening documentation for verification purposes.
(b) Employees shall be re-screened for
				  clinically apparent communicable disease as described in par. (a) based on the
				  likelihood of exposure to communicable disease, including tuberculosis.
(c) A person who has a
				  communicable disease shall not be permitted to work or be present in the CBRF
				  if the disease would present a risk to the health or safety of
				  residents.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter III - Personnel › Section DHS 83.18 - Employee records

Current through June 24, 2024
(1) A separate record for each employee shall
				  be maintained, kept current, and at a minimum, include:
(a) A written job description including
				  duties, responsibilities and qualifications required for the
				  employee.
(b) Beginning date of
				  employment.
(c) Educational
				  qualifications for administrators.
(d) A completed caregiver background check
				  following procedures under s.
				  50.065,
				  Stats., and ch. DHS 12.
(e)
				  Documentation of training, or exemption verification.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IV - Orientation and Training › Section DHS 83.19 - Orientation

Current through June 24, 2024
Before an employee performs any job duties, the CBRF shall
					 provide each employee with orientation training which shall include all of the
					 following:
(1) Job
				  responsibilities.
(2) Prevention
				  and reporting of resident abuse, neglect and misappropriation of resident
				  property.
(3) Information regarding
				  assessed needs and individual services for each resident for whom the employee
				  is responsible.
(4) Emergency and
				  disaster plan and evacuation procedures under s.
				  DHS
				  83.47(2).
(5) CBRF policies and procedures.
(6) Recognizing and responding to resident
				  changes of condition.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IV - Orientation and Training › Section DHS 83.20 - Department-approved training

Current through June 24, 2024
(1) APPROVED
				  TRAINING.
(a) Training for standard
				  precautions, fire safety, first aid and choking, and medication administration
				  and management shall be approved by the department or designee and shall be
				  provided by trainers approved by the department or designee. Approvals for
				  training plans and trainers for standard precautions, fire safety, first aid
				  and choking, and medication administration and management issued before April
				  1, 2009, shall expire April 1, 2010.
(b) The CBRF shall maintain documentation of
				  the training in par. (a), including the trainer approval number, the name of
				  the employee, training topic and the date training was completed.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter IV - Orientation and Training › Section DHS 83.21 - All employee training

Current through June 24, 2024
The CBRF shall provide, obtain or otherwise ensure adequate
					 training for all employees in all of the following:
(1) RESIDENT RIGHTS. Training shall include
				  general rights of residents including rights as specified under s.
				  DHS
				  83.32(3). Training shall be provided
				  as applicable under ss.
				  50.09
				  and
				  51.61 and chs.
				  54, 55, and 304, Stats., and ch. DHS 94, depending on the legal status of the
				  resident or service the resident is receiving. Specific training topics shall
				  include house rules, coercion, retaliation, confidentiality, restraints,
				  self-determination, and the CBRF's complaint and grievance procedures.
				  Residents' rights training shall be completed within 90 days after starting
				  employment.
(2) CLIENT GROUP.
(a) Training shall be specific to the client
				  group served and shall include the physical, social and mental health needs of
				  the client group. Specific training topics shall include, as applicable:
				  characteristics of the client group served, activities, safety risks,
				  environmental considerations, disease processes, communication skills,
				  nutritional needs, and vocational abilities. Client group specific training
				  shall be completed within 90 days after starting employment.
(b) In a CBRF serving more than one client
				  group, employees shall receive training for each client group.