Wisconsin Legislature: DHS 83.07(2)(a)

(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.

(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.

(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.

1. Financial history and financial viability of the owner or related organization.

2. Outstanding debts or amounts due to the department or other government agencies, including unpaid forfeitures and fines.

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

DHS 83.08 Department action.

(1) Initial license.

(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.

(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.

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

(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.

(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.