Wisconsin Legislature: Ch. DHS 83 TOC

DHS 83.28 Admission procedures.

DHS 83.29 Admission agreement.

DHS 83.30 Family care information and referral.

DHS 83.31 Discharge or transfer.

Subchapter VI — Resident Rights and Protections

DHS 83.32 Rights of residents.

DHS 83.33 Grievance procedure.

DHS 83.34 Resident funds.

Subchapter VII — Resident Care and Services

DHS 83.35 Assessment, individual service plan and evaluations.

DHS 83.36 Staffing requirements.

DHS 83.37 Medications.

DHS 83.38 Program services.

DHS 83.39 Infection control program.

DHS 83.40 Oxygen storage.

DHS 83.41 Food service.

DHS 83.42 Resident records.

Subchapter VIII — Physical Environment

DHS 83.43 Furnishings and equipment.

DHS 83.44 Housekeeping services.

DHS 83.45 Building maintenance and site.

DHS 83.46 Building support systems.

Subchapter IX — Safety

DHS 83.47 Fire safety requirements.

DHS 83.48 Fire protection systems.

DHS 83.49 Alternative requirements to a sprinkler system in a small class C CBRF.

DHS 83.50 Minimum type of construction.

DHS 83.51 Area of refuge.

Subchapter X — Building Design

DHS 83.52 Common dining and living space.

DHS 83.53 Storage areas.

DHS 83.54 Resident bedrooms.

DHS 83.55 Bath and toilet areas.

DHS 83.56 Day care.

DHS 83.57 Multiple occupancies.

DHS 83.58 Garages and utility buildings.

DHS 83.59 Exits and passageways.

DHS 83.60 Windows.

DHS 83.61 Interior surfaces.

Subchapter XI — Requirements for New Construction, Remodeling, Additions, or Newly-Licensed Existing Structures

DHS 83.62 Codes.

DHS 83.63 Plan review.

DHS 83.64 Building standards.

Note: Chapter HSS 3 as it existed on June 30, 1996 was repealed and a new chapter HFS 83 was created effective July 1, 1996 and corrections were made under s. 13.93 (2m) (b) 1., 6. and 7., Stats., Register, July, 1996, No. 487. Corrections made under s. 13.93 (2m) (b) 6., 7. and 14., Stats., Register, November, 1996, No. 491. Corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1999, No. 526. Chapter HFS 83 was renumbered to chapter DHS 83 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. Chapter DHS 83 as it existed on March 31, 2009 was repealed and a new chapter DHS 83 was created effective April 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

Subchapter I — General Provisions

DHS 83.01 Authority and purpose.

(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.

History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.02 Definitions. In this chapter:

(1) “Abuse” has the meaning given in s. 46.90 (1), Stats.

(2) “Accessible” means barriers are not present that prevent a person from entering, leaving or functioning within a CBRF without physical help.

(3) “Activities of daily living” means bathing, eating, oral hygiene, dressing, toileting and incontinence care, mobility and transferring from one surface to another such as from a bed to a chair.

(4) “Administrator” means an employee, including the licensee, or an employee designated by the licensee, who is responsible for the management and day-to-day operation of the CBRF.

(5) “Adult” means an individual who is at least 18 years of age.

(5m) “Advanced practice nurse” has the meaning given in s. N 8.02 (1).

(6) “Ambulatory” means the ability to walk without difficulty or help.

(7) “Apartment” means a living space with separate living, toileting and sleeping areas.

(8) “Applicant” means the person seeking licensure of a CBRF.

(9) “Area of refuge” means a room or stairwell landing for residents who cannot negotiate stairs, used for safe, temporary refuge in a fire or other emergency to await instruction or assistance.

(10) “Assessment” means gathering and analyzing information about a prospective or existing resident’s needs and abilities.

(11) “Basement” means that portion of a building that is partly or completely below grade.

(12) “Care, treatment or services” means the provision of personal care, supervision, supervision of medication administration, management, or assistance to a resident by the CBRF, an employee, or by a person, agency or corporation affiliated with or under contract to the operator that is above the level of room and board.

(13) “Caregiver” has the meaning given in s. 50.065 (1) (ag), Stats.

(14) “Case manager” means a person who plans, coordinates and oversees the care of a resident.

(15) “Chemical restraint” means a psychotropic medication used for discipline or convenience, and not required to treat medical symptoms.

(16) “Client group” means individuals who need similar services because of a common disability, condition or status. Client groups include individuals:

(a) With functional impairments that commonly accompany advanced age.

(b) With irreversible dementia, such as Alzheimer’s disease.

(d) Who are emotionally disturbed or who have a mental illness as given in s. 51.01 (13) (a), Stats.

(e) Who are alcoholic as given in s. 51.01 (1h), Stats., or who are drug dependent as defined in s. 51.01 (8), Stats.

(f) With physical disabilities.

(g) Who are pregnant and in need of counseling services.

(h) Under the legal custody of a government correctional agency or under the legal jurisdiction of a criminal court.

(i) Diagnosed as terminally ill.

(j) With traumatic brain injury.

(k) With acquired immunodeficiency syndrome (AIDS).

(17) “Common dining and living space” means areas of the CBRF that are available to all residents for living and dining.

(18) “Community-based residential facility” or “CBRF” has the meaning given in s. 50.01 (1g), Stats.

(19) “Department” means the Wisconsin department of health services.

(20) “Dietary supplement” means a product taken by mouth that contains a dietary ingredient such as vitamins, minerals, herbs or other botanicals, amino acids, and substances such as enzymes, organ tissues, glandulars, and metabolites.

(21) “Dietitian” means a person certified under subch. V of ch. 448, Stats.

(22) “Employee” means any person who works for a CBRF or for an entity that is affiliated with the CBRF or that is under contract to the CBRF, who is under direct control of the CBRF or corporation affiliated with the CBRF and who receives compensation subject to state and federal employee withholding taxes.

(23) “Habitable floor” means any floor level used by residents or other occupants of the CBRF, for sleeping, living, cooking or dining, including a basement.

(24) “Habitable room” means any room used for sleeping, living, cooking or dining, excluding enclosed places such as closets, pantries, hallways, laundries, storage spaces, utility rooms and administrative offices.

(25) “Horizontal evacuation” means egress travel from one building to an area in another building on approximately the same level, or egress travel through or around a wall or partition which affords safety from fire and smoke to an area on approximately the same level in the same building.

(26) “Intermediate level nursing care” means care that is required by a person who has a long-term illness or disability who has reached a relatively stable condition.