Chapter DHS 82

DHS 82.07(2)(a)1. 1. Supervising or assisting residents with or teaching residents about activities of daily living;

DHS 82.07(2)(a)2. 2. Providing, arranging, transporting or accompanying residents to leisure and recreational activities; and

DHS 82.07(2)(a)3. 3. Monitoring resident health by observing and documenting changes in each resident’s health status and referring a resident to health care providers when necessary.

DHS 82.07(2)(b) (b) Services that are provided shall be services determined by the sponsor or service coordinator and the resident, or the resident’s guardian, if any, to be needed by the resident and within the capability of the sponsor to provide.

DHS 82.07(2)(c) (c) A sponsor may not directly and personally provide nursing care to residents. The sponsor may arrange nursing care if the care is needed or if it is specified in the service plan. No more than 2 residents may routinely need or receive nursing care in excess of 7 hours per week. If nursing care in excess of 7 hours per week is routinely required by more than 2 residents, the sponsor shall either notify the certifying agency and each resident’s service coordinator in writing that a change of placement is needed for at least one resident or the sponsor shall apply for a license to operate a nursing home. The sponsor is not responsible for finding an alternative placement.

DHS 82.07(3) (3) Prescription medications.

DHS 82.07(3)(a) (a) Containers. Every container in which prescription medication is stored shall have a label permanently attached to the outside which lists the name of the person for whom the medication is prescribed, the physician’s name, the prescription number, the name and dosage of the medication, directions for use, the date the medication was issued, an expiration date for time-dated medication, and the name, address and telephone number of the pharmacy from which the medication was obtained.

DHS 82.07(3)(b) (b) Control and administration.

DHS 82.07(3)(b)1. 1. A resident shall control and administer his or her own medications except when the resident is not able to do so, as determined by the resident’s physician, or when the resident or resident’s guardian, if any, requests the sponsor’s assistance.

DHS 82.07(3)(b)2. 2. A resident may not be forced to take medications except by order of a court. If the resident refuses to take a prescribed medication, the sponsor shall inform the resident’s guardian and service coordinator about the resident’s refusal.

DHS 82.07(3)(b)3. 3. For the sponsor to administer any prescription medication, the sponsor shall obtain a written order from the physician who prescribed the medication. The written order from the physician shall specify under what conditions and in what dosages the medication is to be administered.

DHS 82.07(3)(b)4. 4. The sponsor may not administer a medication to a resident when there is a court order that directs the resident to take the medication. If the sponsor provided assistance with a medication, the sponsor shall help the resident safely store the medication, take the correct dosage at the correct time and communicate effectively with his or her physician or pharmacist.

DHS 82.07(3)(c) (c) Records. Records shall be kept by the sponsor of all prescription medications controlled or administered by the sponsor, which shall show the name of the resident, the name of the particular medication, the date and time of administration by the sponsor and the dose administered.

DHS 82.07(4) (4) Nutrition.

DHS 82.07(4)(a) (a) The sponsor shall provide each resident with a quantity and variety of foods sufficient to meet the resident’s nutritional needs and preferences and to maintain his or her health.

DHS 82.07(4)(b) (b) The sponsor shall provide to each resident or ensure that each resident receives 3 nutritious meals each day. This requirement does not apply to the sponsor if a meal is included in other programming in which the resident participates and is paid for by the provider of that programming.

DHS 82.07(4)(c) (c) Food shall be prepared in a sanitary manner.

DHS 82.07(4)(d) (d) Residents shall be routinely served their meals in common dining areas with other household members.

DHS 82.07(4)(e) (e) Meals prepared by the sponsor shall take into account special physical and religious dietary needs of residents.

DHS 82.07 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

DHS 82.08 DHS 82.08 Termination of placement. 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.

DHS 82.08 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90.

DHS 82.09 DHS 82.09 Records and information requests.

DHS 82.09(1) (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:

DHS 82.09(1)(a) (a) The resident’s name and date of birth;

DHS 82.09(1)(b) (b) If the resident has a guardian, the name, address and phone number of the guardian;

DHS 82.09(1)(c) (c) The name, address and phone number of every person, including the physician, to be notified in the event of an emergency;

DHS 82.09(1)(d) (d) The name, address and phone number of the referring agency and the service coordinator;

DHS 82.09(1)(e) (e) Medical insurance identification numbers and the name of any pharmacy that the resident uses;

DHS 82.09(1)(f) (f) The agreement for services required under s. DHS 82.06 (3);

DHS 82.09(1)(g) (g) The report of the medical examination required under s. DHS 82.06 (4);

DHS 82.09(1)(h) (h) The individualized service plan required under s. DHS 82.06 (5); and

DHS 82.09(1)(i) (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).

DHS 82.09(2) (2) Information requests. The sponsor shall comply with all department and certifying agency requests for information about the residents, services or operation of the adult family home.

DHS 82.09 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; corrections in (1) (intro.) and (i) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 82.10 DHS 82.10 Resident rights.

DHS 82.10(1) (1) No sponsor or any other household member may subject a resident to mental, physical or sexual abuse or to neglect or otherwise mistreat a resident. Mental abuse includes but is not limited to persistent or excessive negative comments, deliberate inducement of anxiety, singling out one resident for inappropriate criticism or encouraging the resident’s peers to do the same and similar acts when the resident has requested that these acts cease.

DHS 82.10(2) (2) No resident may be placed in isolation or physical restraints by a sponsor except in emergency situations when there is physical danger to another person or the resident. The sponsor shall immediately notify the service coordinator, the resident’s guardian, if any, the resident’s physician and the crisis intervention program designated by the certifying agency if isolation or physical restraint is needed or used. Use of isolation or physical restraint shall be governed in accordance with s. 51.61 (1) (i), Stats., and s. DHS 94.10.

DHS 82.10(3) (3) Residents shall be permitted to send and receive mail without any restrictions except as provided in s. 51.61 (1) (cm) 1., Stats. The sponsor shall give mail to residents on the day it is received or, if a resident is absent from the home, shall keep the resident’s mail in a safe, private location. The sponsor may not open or read any mail without the permission of the resident or the resident’s guardian, if any.

DHS 82.10(4) (4) A resident may receive a reasonable number of visitors at reasonable times. The sponsor may deny access to the home to particular persons whom the sponsor finds undesirable, and may restrict the number of visitors allowed at one time, the number of visits permitted per day or week and the times or days of the week visits are permitted, but the sponsor may not restrict visits of the resident’s guardian, if any. The sponsor shall notify the resident of all restrictions on visits.

DHS 82.10(5) (5) Residents of adult family homes shall have the rights set forth in s. 51.61, Stats., and ch. DHS 94. The sponsor shall be familiar with these rights and, as a condition or certification, shall comply with the provisions of s. 51.61, Stats., and ch. DHS 94 that apply to adult family homes. The sponsor shall also ensure that each resident and the resident’s guardian, if any, are notified in writing of the resident rights under s. 51.61, Stats., and ch. DHS 94 that apply to adult family homes immediately after the placement is made. Notification may be done by the sponsor, the resident’s service coordinator or the referring agency.

DHS 82.10(6) (6) A resident may file a grievance if he or she or the resident’s guardian, if any, believes that a right recognized or established under this section has been violated. The sponsor shall ensure that residents have access to a grievance procedure established in accordance with s. DHS 94.27. The grievance procedure may be established by the certifying agency or by the agency that employs the service coordinator when either agency agrees to perform this function.

DHS 82.10 History History: Cr. Register, December, 1989, No. 408, eff. 1-1-90; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; corrections in (2), (5) and (6) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.