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(45) “Reside” means the intent to remain in the CBRF permanently or continuously for more than 28 consecutive days.
(46) “Resident” means a person unrelated to the licensee or administrator who resides in the CBRF and who receives care, treatment or services in addition to room and board.
(47) “Resident care staff” means the licensee and all employees who have one or more of the following responsibilities for residents: supervising a resident’s activities or whereabouts, managing or administering a resident’s medications, providing personal care or treatments for a resident, planning or conducting training or activity programming for a resident. Resident care staff does not include volunteers and employees who work exclusively in the food service, maintenance, laundry service, housekeeping, transportation, or security or clerical areas, and employees that do not work on the premises of the CBRF.
(48) “Respite care” means a person’s temporary placement in a CBRF for no more than 28 consecutive days for care, treatment or services as established by the primary care provider.
(49) “Room” means a space that is completely enclosed by walls and a ceiling.
(50) “Seclusion” means physical or social separation of a resident from others by actions of employees, but does not include separation to prevent the spread of communicable disease or voluntary cool-down periods in an unlocked room.
(51) “Semi-ambulatory” means a person is able to walk with difficulty or only with the assistance of an aid such as crutches, cane or a walker.
(52) “Significant change in a resident’s physical or mental condition” means one or more of the following:
(a) Decline in a resident’s medical condition that results in further impairment of a long term nature.
(b) Decline in 2 or more activities of daily living.
(c) A pronounced decline in communication or cognitive abilities.
(d) Decline in behavior or mood to the point where relationships have become problematic.
(e) Significant improvement in any of the conditions in pars. (a) to (d).
(53) “Standard precautions” means measures taken to reduce the risk of transmission of infection from contact with blood, body fluids or other moist body substances including all mucous membranes, non-intact skin, blood, all body fluids, secretions, and excretions except sweat, whether or not they contain visible blood.
(54) “Supervision” means oversight of a resident’s daily functioning, keeping track of a resident’s whereabouts and providing guidance and intervention when needed by a resident.
(55) “Terminal illness” means a medical prognosis issued in writing by a physician or other qualified medical professional that an individual’s life expectancy is less than 12 months.
(56) “Therapeutic diet” means a food regimen ordered by a physician or other medical professional directed by the physician.
(57) “Unit dose” means medications packaged by a pharmacist in blister cards, punch cards, strip packaging, medication reminder boxes or other similar packaging where the medication dose is packaged in a pre-selected dose.
(58) “Utensils” means dishes, silverware and pots and pans used for preparing, serving or consuming food.
(59) “Volunteer” means any person who provides services for residents without compensation, except for reimbursement of expenses related to services provided at the CBRF.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction in (30) made under 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; CR 10-091: cr. (5m) Register December 2010 No. 660, eff. 1-1-11; correction in (28) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction in (16) (e) made under s. 13.92 (4) (b) 7., Stats., Register January 2025 No. 829.
DHS 83.03 Variance and waiver.
(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.
(2) Exception to a requirement.
(a) The department may grant a waiver or variance if the department determines that the proposed waiver or variance will not jeopardize the health, safety, welfare or rights of any resident.
(b) A written request for a waiver or variance shall be sent to the department and include justification that the waiver or variance will not adversely affect the health, safety or welfare of any resident for the requested action.
(c) A written request for a variance shall include a description of an alternative means planned to meet the intent of the requirement.
Note: Send a request for a waiver or variance of a requirement of this chapter to the appropriate regional office of the Department’s Division of Quality Assurance listed in Appendix A. Information about the Division of Quality Assurance can be found at: http://dhs.wi.gov/rl_dsl/bqainternet.htm
(3) The department may rescind a waiver or variance if any of the following occurs:
(a) The department determines the waiver or variance has adversely affected the health, safety or welfare of the residents.
(b) The CBRF fails to comply with any of the conditions of the waiver or variance as granted.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
Subchapter II — Licensing
DHS 83.04 Licensing categories. 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.
(2) Classification.
(a) Class A ambulatory. A class A ambulatory CBRF serves only residents who are ambulatory and who are mentally and physically capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
(b) Class A semi-ambulatory (AS). A class A semi-ambulatory CBRF serves only residents who are ambulatory or semi-ambulatory and who are mentally and physically capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
(c) Class A non-ambulatory (ANA). A class A non-ambulatory CBRF serves residents who are ambulatory, semi-ambulatory or non-ambulatory and who are mentally and physically capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
(d) Class C ambulatory (CA). A class C ambulatory CBRF serves only residents who are ambulatory but one or more of whom are not mentally capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
(e) Class C semi-ambulatory (CS). A class C semi-ambulatory CBRF serves only residents who are ambulatory or semi-ambulatory, but one or more of whom are not physically or mentally capable of responding to a fire alarm by exiting the CBRF without help or verbal or physical prompting.
(f) Class C non-ambulatory (CNA). A class C non-ambulatory CBRF serves residents who are ambulatory, semi-ambulatory or non-ambulatory, but one or more of whom are not physically or mentally capable of responding to a fire alarm by exiting the CBRF without help or verbal or physical prompting.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.05 Application requirements.
(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 or by contacting the Division of Quality Assurance Regional Office listed in Appendix A.
(3) The applicant shall provide evidence to the department that the license applicant has made a good faith effort to establish a community advisory committee under s. 50.03 (4) (g), Stats.
(4) A CBRF may not be located on a parcel of land zoned for commercial, industrial or manufacturing use.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09..
DHS 83.06 Program statement.
(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.
(2) Availability.
(a) Before finalizing an agreement to provide care, the CBRF shall provide its program statement to each person seeking placement or to the person’s legal representative. CBRFs serving only clients of a government correctional agency are exempt from this paragraph.
(b) The program statement shall be available to employees, to residents and to any other person upon request.
(3) Change in program statement. Any change in the program statement content under sub. (1) shall be submitted to the department at least 30 days before its effective date.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.07 Fit and qualified.
(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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.