Chapter DHS 75

DHS 75.25 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in numbering in sub. (2) made under s. 13.92 (4) (b ) 1., Stats., Register October 2021 No. 790.

subch. V of ch. DHS 75 Subchapter V — Residential Service Facility Requirements

DHS 75.26 DHS 75.26 Applicability.

DHS 75.26(1) (1) This subchapter applies to residential services certified under ss. DHS 75.53 to 75.58.

DHS 75.26(2) (2) A residential service that is approved as a hospital under ch. DHS 124 is not required to meet the requirements in this subchapter.

DHS 75.26(3) (3) A residential service that is approved under ch. DHS 83 as a community-based residential facility meets the facility requirements outlined in ss. DHS 75.29, 75.30, 75.33, 75.34, 75.40, 75.41, 75.45, and 75.46.

DHS 75.26 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.27 DHS 75.27 Organizational requirements. Before operating or expanding a residential service, a facility shall meet all residential facility requirements included in this subchapter.

DHS 75.27 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.28 DHS 75.28 Definitions. In this subchapter:

DHS 75.28(1) (1) “Ambulatory” means the ability to walk without difficulty or help.

DHS 75.28(2) (2) “Non-ambulatory” means a person who is unable to walk, but who may be mobile with the help of a wheelchair or other mobility devices.

DHS 75.28(3) (3) “Semi-ambulatory” means a person who is able to walk with difficulty or only with the assistance of an aid such as crutches, cane, or walker.

DHS 75.28 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.29 DHS 75.29 Application for initial certification.

DHS 75.29(1) (1) In order to meet the requirements in ss. DHS 75.30 to 75.46, an application for initial licensure as a residential service shall be on a form provided by the department, and shall be accompanied by all of the following:

DHS 75.29(1)(a) (a) A floor plan specifying dimensions of the facility, exits, and planned room usage.

DHS 75.29(1)(b) (b) An explanation of the 24-hour staffing pattern for the service.

DHS 75.29(1)(c) (c) A statement indicating whether the service will provide treatment services for patients that are non-ambulatory or semi-ambulatory. If a service provides treatment services for patients that are non-ambulatory or semi-ambulatory, the floor plan shall include ramped exits to grade.

DHS 75.29(1)(d) (d) Municipal zoning approval or occupancy permit.

DHS 75.29(1)(e) (e) The results of an approved fire inspection completed within the last 12 months.

DHS 75.29(1)(f) (f) Fireplace and chimney inspections completed within the last 12 months, if applicable.

DHS 75.29(1)(g) (g) The results of furnace inspection completed within the last 12 months.

DHS 75.29(1)(h) (h) The results of smoke and heat detector inspection completed within the last 12 months.

DHS 75.29(1)(i) (i) The results of sprinkler inspection completed within the last 12 months.

DHS 75.29(1)(j) (j) Well water test results completed within the last 12 months, if applicable.

DHS 75.29(1)(k) (k) Building emergency evacuation plan.

DHS 75.29(1)(L) (L) A disaster recovery plan in the case of flood, gas leak, electrical outage, or other emergency.

DHS 75.29(1)(m) (m) Service policies and procedures.

DHS 75.29(1)(n) (n) All required fees.

DHS 75.29(1)(o) (o) Evidence that the applicant has 60 days of projected operating funds in reserve.

DHS 75.29(1)(p) (p) Any additional information requested by the department.

DHS 75.29(2) (2) A residential service shall not make changes to service specifications under sub. (1) (a) to (c) without prior notification to the department.

DHS 75.29(3) (3) A residential service shall provide updated documents from sub. (1) upon department request.

DHS 75.29 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.30 DHS 75.30 Fit and qualified standards.

DHS 75.30(1) (1) Eligibility. An applicant may not be certified unless the department determines the applicant is fit and qualified to operate a service.

DHS 75.30(2) (2) Standards. In determining whether an applicant is fit and qualified, the department shall consider all of the following:

DHS 75.30(2)(a) (a) Compliance history. The applicant’s history of compliance with Wisconsin or any other state’s licensing requirements and with any federal certification requirements, including any license or certification revocation or denial.

DHS 75.30(2)(b) (b) Criminal history. The applicant’s arrest history and criminal records, including whether any crime is substantially related to the care of a client, as provided in s. DHS 12.06.

DHS 75.30(2)(c) (c) Financial history. The applicant’s financial stability, including outstanding debts or amounts due to the department or other government agencies, including unpaid forfeitures and fines and bankruptcies.

DHS 75.30 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.31 DHS 75.31 Services for non-ambulatory or semi-ambulatory patients.

DHS 75.31(1) (1) A residential service that provides treatment services for patients that are non-ambulatory shall meet the requirements under subchs. IX, X, XI of ch. DHS 83 for class A non-ambulatory and class C non-ambulatory facilities.

DHS 75.31(2) (2) A residential service that provides treatment services for patients that are semi-ambulatory shall meet the requirements under subchs. IX, X, and XI of ch. DHS 83 for class A semi-ambulatory and class C semi-ambulatory facilities.

DHS 75.31(3) (3) A residential service shall not provide treatment services for non-ambulatory or semi-ambulatory patients unless certified by the department under this chapter or under ch. DHS 83 to do so. A residential service shall be understood as serving only ambulatory patients unless specified within the service application and certification.

DHS 75.31 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.32 DHS 75.32 General facility requirements.

DHS 75.32(1) (1) Hours of operation. A residential service shall operate 24 hours per day, 7 days per week.

DHS 75.32(2) (2) General. The facility of the residential service shall be constructed and maintained so that it is functional for assessment and treatment and for the delivery of health services appropriate to the needs of the community and with due regard for protecting the health and safety of the patients.

DHS 75.32(3) (3) Capacity. No residential service shall have more residents at any given time than the maximum capacity indicated on the department-approved certification.

DHS 75.32(4) (4) Physical separation. A residential service facility shall be physically separated from other entities, programs, and services. A residential service facility’s living areas shall be separate and secure from non-resident entry and use.

DHS 75.32 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.33 DHS 75.33 Residential personnel requirements.

DHS 75.33(1) (1) Staff orientation and training. A residential service shall meet the staff training and orientation requirements in ss. DHS 83.19 to 83.21 and 83.23 to 83.25. A service shall maintain documentation of required training in each staff member’s personnel record.

DHS 75.33(2) (2) Staffing. A residential service shall meet the staffing requirements under s. DHS 83.36.

DHS 75.33 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.34 DHS 75.34 Residential service records. A residential service shall meet the requirements for general records under s. DHS 83.13.

DHS 75.34 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.35 DHS 75.35 Residential services for minors.

DHS 75.35(1) (1) A residential service that provides services to minors shall maintain physically separate and secure living areas for minors and adults, unless there is a documented clinical need for an exception to this age requirement for transitional age youth, and this exception is approved by the service director.

DHS 75.35(2) (2) A residential service that provides services to minors shall have a written policy and procedure for addressing the educational needs of each participating minor.

DHS 75.35 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.36 DHS 75.36 Residential services for parents with residing minors. A residential service that allows for minors to reside at the facility while their parent or guardian receives treatment services at the facility, shall ensure the following:

DHS 75.36(1) (1) The service shall have written policies and procedures that address the safety of residing minors, supervision of residing minors, family services and supports, and behavioral expectations and interventions for residing minors.

DHS 75.36(2) (2) A residing family shall not share a bedroom with other residents of the service.

DHS 75.36(3) (3) A service with residing minors shall have a written policy and procedure for addressing the educational needs of each residing minor.

DHS 75.36 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.37 DHS 75.37 Emergency medical care for residents.

DHS 75.37(1) (1) A residential service shall have written policies and procedures for training staff members in life-sustaining techniques, which may include cardiopulmonary resuscitation, use of an automated external defibrillator, and emergency first aid.

DHS 75.37(2) (2) A residential service shall have a written plan for the provision of emergency medical care for patients.

DHS 75.37(3) (3) A residential service shall have a written plan for the provision of emergency transportation for patients needing emergency medical services.

DHS 75.37(4) (4) Residential service staff shall be trained to implement the plan for emergency medical care and emergency transportation within 14 days of hire and annually thereafter.

DHS 75.37 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.38 DHS 75.38 Seclusion and restraints.

DHS 75.38(1) (1) A service under this chapter is prohibited from the use of seclusion or restraints, unless the service meets all requirements outlined in s. 51.61 (1) (i), Stats.

DHS 75.38(2) (2) A service under this chapter is prohibited from the use of seclusion or restraint as part of a treatment program, except in emergency situations as provided in s. 51.61 (1) (i), Stats.

DHS 75.38 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.39 DHS 75.39 Medications. A residential service shall meet the requirements for medications under s. DHS 75.24 (19) or 83.37, whichever standard is higher. The medication storage area shall be clean, and shall be separated by a wall from any restroom, cleaning products, or any food-preparation or storage area.

DHS 75.39 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction made under s. 35.17, Stats., Register October 2021 No. 790.

DHS 75.40 DHS 75.40 Infection control program. A residential service shall meet the requirements for an infection control program under s. DHS 83.39.

DHS 75.40 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.41 DHS 75.41 Food service. A residential service shall meet the requirements for food service under s. DHS 83.41.

DHS 75.41 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.

DHS 75.42 DHS 75.42 Physical environment.

DHS 75.42(1) (1) A residential service shall meet the requirements for physical environment under ss. DHS 83.43 to 83.46.

DHS 75.42(2) (2) A residential service that provides physical examinations or medical services shall have a patient examination or medical room. The patient examination or medical room shall contain all of the following:

DHS 75.42(2)(a) (a) A wall that physically separates the patient examination or medical room from other bedrooms, living areas, staff areas, or facility common areas.

DHS 75.42(2)(b) (b) A curtain for privacy.