Wisconsin Legislature: DHS 83.12(1)(a)

(3) License revocation. The department may revoke a license for any of the reasons and under the conditions specified under s. 50.03 (5g) (d) to (g), Stats.

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

DHS 83.09 Biennial report and fees. 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.

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

DHS 83.10 Change of ownership.

(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.

(2) Duties of the transferee.

(a) When there is a change of ownership, the transferee shall notify the department of the transfer, and shall submit a complete application as required under s. DHS 83.05 at least 30 days prior to final transfer date.

(b) If there is less than 30 days notice given to residents of transfer of ownership, neither the transferor nor the transferee may enforce any advanced notice requirements for discharge as specified in any resident’s admission agreement.

(3) Transferability.

(a) The department shall issue a license only for the premises and persons named in the license application. A license may not be transferred or reassigned.

(b) The licensee shall notify the department in writing at least 30 days before the effective date of any of the following changes:

1. Removing, adding or substituting an individual as a partner in the association, dissolving the existing partnership and creating a new partnership.

2. Removing, adding, or substituting any member in a limited liability company.

3. Making a change in a corporate structure under which the same corporation no longer continues to be responsible for making operational decisions or for the consequences of those decisions.

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

DHS 83.11 Facility closing.

(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.

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

DHS 83.12 Investigation, notification, and reporting requirements.

(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).

(2) Investigating and reporting abuse, neglect or misappropriation of property.

(a) Caregiver.

1. When a CBRF receives a report of an allegation of abuse or neglect of a resident, or misappropriation of property, the CBRF shall take immediate steps to ensure the safety of all residents.

2. The CBRF shall investigate and document any allegation of abuse or neglect of a resident, or misappropriation of property by a caregiver. If the CBRF’s investigation concludes that the alleged abuse, or neglect of a resident or misappropriation of property meets the definition of abuse or neglect of a resident, or of misappropriation of property, the CBRF shall report the incident to the department on a form provided by the department, within 7 calendar days from the date the CBRF knew or should have known about the abuse, neglect, or misappropriation of property. The CBRF shall maintain documentation of any investigation.

Note: For copies of the report form, contact the Division of Quality Assurance, Office of Caregiver Quality at P.O. Box 2969, Madison WI 53701-2969 or at dhs.wisconsin.gov/caregiver/index.htm.

(b) Non-caregiver or resident. When there is an allegation of abuse or neglect of a resident, or misappropriation of property by a non-caregiver or resident, the CBRF shall follow the elder abuse reporting requirements under s. 46.90, Stats., or the adult at risk requirements under s. 55.043, Stats., whichever is applicable.

(c) Other reporting. Filing a report under sub. (1) or (2) does not relieve the licensee or other person of any obligation to report an incident to any other authority, including law enforcement and the coroner.

(3) Investigating injuries of unknown source.

(a) A CBRF shall investigate any of the following:

1. An injury that was not observed by any person.

2. The source of an injury to a resident that cannot be adequately explained by the resident.

3. An injury to a resident that appears suspicious because of the extent of the injury or the location of the injury on the resident.

(b) The CBRF shall maintain documentation of each investigation of an injury referenced under par. (a). The CBRF shall report the incident as required under sub. (2).

(4) Other reporting and notification requirements. A CBRF shall send a written report to the department within 3 working days after any of the following occurs:

(a) Any time a resident’s whereabouts are unknown, except those instances when a resident who is competent chooses not to disclose his or her whereabouts or location to the CBRF, the CBRF shall notify the local law enforcement authority immediately upon discovering that a resident is missing. This reporting requirement does not apply to residents under the jurisdiction of government correctional agencies or persons recovering from substance abuse.

(b) Any time law enforcement personnel are called to the CBRF as a result of an incident that jeopardizes the health, safety, or welfare of residents or employees. The CBRF’s report to the department shall provide a description of the circumstances requiring the law enforcement intervention. This reporting requirement does not apply to residents under the jurisdiction of government correctional agencies.

(c) Any incident or accident resulting in serious injury requiring hospital admission or emergency room treatment of a resident.

(d) A catastrophe occurs resulting in damage to the CBRF.

(e) A fire occurs on the premises of the CBRF.

(f) Any time the CBRF must evacuate and temporarily relocate residents and employees from the CBRF for reasons other than a fire drill.

(5) Notification of changes affecting a resident.

(a) The CBRF shall immediately notify the resident’s legal representative and the resident’s physician when there is an incident or injury to the resident or a significant change in the resident’s physical or mental condition.

(b) The CBRF shall immediately notify the resident’s legal representative when there is an allegation of physical, sexual or mental abuse, or neglect of a resident. The CBRF shall notify the resident’s legal representative within 72 hours when there is an allegation of misappropriation of property.

(c) The CBRF shall give the resident or the resident’s legal representative a 30-day written notice of any change in services available or in charges for services that will be in effect for more than 30 days.

(6) Documentation. All written reports required under this section shall include, at a minimum, the time, date, place, individuals involved, details of the occurrence, and the action taken by the provider to ensure residents’ health, safety and well-being.

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

DHS 83.13 General records, retention and posting.

(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).

(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).

(2) Records retention.

(a) The CBRF shall retain all records required under this chapter for 2 years, unless otherwise specified under pars. (b) to (d).

(b) Resident records shall be retained for 7 years following the date of a resident’s final discharge.

(d) Dated menus shall be retained for 60 days.

(3) Posting. The CBRF shall post all of the following:

(a) CBRF license, any statement of deficiency, notice of revocation and any other notice of enforcement action as required under s. DHS 83.14 (2) (h).

(b) House rules, resident rights and grievance procedures as required under s. DHS 83.32 (2) (b).

(d) Activity schedule as required under s. DHS 83.38 (1) (c).

(e) The CBRF’s exit diagram as required under s. DHS 83.47 (2) (b).

(f) Emergency phone numbers as required under s. DHS 83.47 (2) (h).

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

Subchapter III — Personnel

DHS 83.14 Licensee.

(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.