Chapter DHS 83

DHS 83.02 History 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.

DHS 83.03 DHS 83.03 Variance and waiver.

DHS 83.03(1) (1) In this section:

DHS 83.03(1)(a) (a) “Variance” means the granting of an alternate means of meeting a requirement in this chapter.

DHS 83.03(1)(b) (b) “Waiver” means the granting of an exemption from a requirement of this chapter.

DHS 83.03(2) (2) Exception to a requirement.

DHS 83.03(2)(a) (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.

DHS 83.03(2)(b) (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.

DHS 83.03(2)(c) (c) A written request for a variance shall include a description of an alternative means planned to meet the intent of the requirement.

DHS 83.03 Note 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

DHS 83.03(3) (3) The department may rescind a waiver or variance if any of the following occurs:

DHS 83.03(3)(a) (a) The department determines the waiver or variance has adversely affected the health, safety or welfare of the residents.

DHS 83.03(3)(b) (b) The CBRF fails to comply with any of the conditions of the waiver or variance as granted.

DHS 83.03 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

subch. II of ch. DHS 83 Subchapter II — Licensing

DHS 83.04 DHS 83.04 Licensing categories. The department shall license each CBRF as follows:

DHS 83.04(1) (1) Size.

DHS 83.04(1)(a) (a) A CBRF for 5 to 8 residents is a small CBRF.

DHS 83.04(1)(b) (b) A CBRF for 9 to 20 residents is a medium CBRF.

DHS 83.04(1)(c) (c) A CBRF for 21 or more residents is a large CBRF.

DHS 83.04(2) (2) Classification.

DHS 83.04(2)(a) (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.

DHS 83.04(2)(b) (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.

DHS 83.04(2)(c) (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.

DHS 83.04(2)(d) (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.

DHS 83.04(2)(e) (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.

DHS 83.04(2)(f) (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.

DHS 83.04 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.05 DHS 83.05 Application requirements.

DHS 83.05(1) (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).

DHS 83.05(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:

DHS 83.05(2)(a) (a) A program statement as specified under s. DHS 83.06 (1).

DHS 83.05(2)(b) (b) A floor plan specifying dimensions of the CBRF, exits and planned room usage.

DHS 83.05(2)(c) (c) A fire inspection form.

DHS 83.05(2)(d) (d) All required fees.

DHS 83.05(2)(e) (e) A balance sheet.

DHS 83.05(2)(f) (f) Evidence that the applicant has 60 days of projected operating funds in reserve.

DHS 83.05(2)(g) (g) Any additional information requested by the department.

DHS 83.05 Note 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.

DHS 83.05(3) (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.

DHS 83.05(4) (4) A CBRF may not be located on a parcel of land zoned for commercial, industrial or manufacturing use.

DHS 83.05 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09..

DHS 83.06 DHS 83.06 Program statement.

DHS 83.06(1) (1) Content. The program statement shall accurately include all of the following:

DHS 83.06(1)(a) (a) The name of the licensee, the administrator and the staff position in charge when the licensee or administrator is away from the CBRF.

DHS 83.06(1)(b) (b) Employee availability, including 24 hour staffing patterns and the availability of a licensed nurse, if any.

DHS 83.06(1)(c) (c) The resident capacity of the CBRF.

DHS 83.06(1)(d) (d) The class of the CBRF under s. DHS 83.04 (2).

DHS 83.06(1)(e) (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.

DHS 83.06(1)(f) (f) A complete description of the program goals and services consistent with the needs of residents.

DHS 83.06(1)(g) (g) Limitations of services, including the criteria for determining who may reside in the CBRF.

DHS 83.06(1)(h) (h) Respite care services, if provided.

DHS 83.06(2) (2) Availability.

DHS 83.06(2)(a) (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.

DHS 83.06(2)(b) (b) The program statement shall be available to employees, to residents and to any other person upon request.

DHS 83.06(3) (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.

DHS 83.06 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.07 DHS 83.07 Fit and qualified.

DHS 83.07(1) (1) Eligibility. An applicant may not be licensed unless the department determines the applicant is fit and qualified to operate a CBRF.

DHS 83.07(2) (2) Standards. In determining whether a person is fit and qualified, the department shall consider all of the following:

DHS 83.07(2)(a) (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.

DHS 83.07(2)(b) (b) Criminal history. Arrest and criminal records, including any of the following:

DHS 83.07(2)(b)1. 1. Crimes or acts involving abuse, neglect or mistreatment of a person or misappropriation of property of the person.

DHS 83.07(2)(b)2. 2. Crimes or acts subject to elder abuse reporting under s. 46.90, Stats.

DHS 83.07(2)(b)3. 3. Crimes or acts related to the manufacture, distribution, prescription, use, or dispensing of a controlled substance.

DHS 83.07(2)(b)4. 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.

DHS 83.07(2)(b)5. 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.

DHS 83.07(2)(c) (c) Financial history. Financial stability, including:

DHS 83.07(2)(c)1. 1. Financial history and financial viability of the owner or related organization.

DHS 83.07(2)(c)2. 2. Outstanding debts or amounts due to the department or other government agencies, including unpaid forfeitures and fines.

DHS 83.07 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.08 DHS 83.08 Department action.

DHS 83.08(1) (1) Initial license.

DHS 83.08(1)(a) (a) Within 70 days after receipt of a complete application, the department shall either approve or deny the license. The initial license issued by the department to an applicant may be a probationary license.

DHS 83.08(1)(b) (b) A probationary or regular license issued by the department shall be only for the premises and persons named in the application. A license may not be transferred or assigned.

DHS 83.08(1)(c) (c) A probationary license may be valid for up to 12 months, unless sooner revoked.

DHS 83.08(1)(d) (d) A regular license is valid until suspended or revoked by the department.

DHS 83.08(2) (2) License denial. The department shall deny a probationary or regular license to any applicant who does not substantially comply with any provision of this chapter or ch. 50, Stats., or who is not fit and qualified as specified in s. DHS 83.07 or who has failed to pay any fee or any outstanding amounts due to the department. The department shall provide the reasons for denial and the process for appeal of the denial in a written notice to the applicant.

DHS 83.08(3) (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.

DHS 83.08 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.09 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.

DHS 83.09 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.10 DHS 83.10 Change of ownership.

DHS 83.10(1) (1) Duties of the transferor.

DHS 83.10(1)(a) (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.

DHS 83.10(1)(b) (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.

DHS 83.10(1)(c) (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.

DHS 83.10(1)(d) (d) The transferor shall follow the requirements for transferring financial responsibility under s. DHS 83.34 (7).

DHS 83.10(1)(e) (e) The transferor shall remain liable for all forfeitures assessed against the facility which is imposed for violations occurring prior to transfer of ownership.