DHS 83.12(2)(a)1.1. 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. DHS 83.12(2)(a)2.2. 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. DHS 83.12 NoteNote: 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.
DHS 83.12(2)(b)(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. DHS 83.12(2)(c)(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. DHS 83.12(3)(a)2.2. The source of an injury to a resident that cannot be adequately explained by the resident. DHS 83.12(3)(a)3.3. An injury to a resident that appears suspicious because of the extent of the injury or the location of the injury on the resident. DHS 83.12(3)(b)(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). DHS 83.12(4)(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: DHS 83.12(4)(a)(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. DHS 83.12(4)(b)(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. DHS 83.12(4)(c)(c) Any incident or accident resulting in serious injury requiring hospital admission or emergency room treatment of a resident. DHS 83.12(4)(f)(f) Any time the CBRF must evacuate and temporarily relocate residents and employees from the CBRF for reasons other than a fire drill. DHS 83.12(5)(5) Notification of changes affecting a resident. DHS 83.12(5)(a)(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. DHS 83.12(5)(b)(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. DHS 83.12(5)(c)(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. DHS 83.12(6)(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. DHS 83.12 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09. DHS 83.13DHS 83.13 General records, retention and posting. DHS 83.13(1)(1) General records. The CBRF shall maintain documentation of all of the following: DHS 83.13(1)(a)(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). DHS 83.13(1)(f)(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. DHS 83.13(1)(k)(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). DHS 83.13(2)(a)(a) The CBRF shall retain all records required under this chapter for 2 years, unless otherwise specified under pars. (b) to (d). DHS 83.13(2)(b)(b) Resident records shall be retained for 7 years following the date of a resident’s final discharge. DHS 83.13(2)(c)(c) Employee records shall be retained for 3 years following an employee’s separation from employment at the CBRF. DHS 83.13(3)(3) Posting. The CBRF shall post all of the following: DHS 83.13(3)(a)(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). DHS 83.13 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09. DHS 83.14(2)(a)(a) The licensee shall ensure the CBRF and its operation comply with all laws governing the CBRF. DHS 83.14(2)(b)(b) The licensee shall report any change in client group in writing to the department at least 30 days in advance and may not implement the change until the licensee receives written approval from the department. DHS 83.14(2)(c)(c) The licensee shall report any change in capacity or class and may not implement the change until the licensee receives written approval from the department. DHS 83.14(2)(d)(d) The licensee shall provide to each resident, or the resident’s legal representative, referral agency and third party payer, a 30-day written notice of any change in size, class or client group. DHS 83.14(2)(e)(e) The licensee shall notify the department within 7 days after there is a change in the administrator. DHS 83.14(2)(f)(f) The licensee shall ensure a copy of this chapter is in the CBRF. DHS 83.14(2)(g)(g) The licensee shall provide, in a format approved by the department, information required by the department to assess the facility’s compliance with s. 55.14, Stats., relating to involuntary administration of psychotropic medication to a resident. DHS 83.14(2)(h)(h) The licensee shall post the CBRF license, any statement of deficiency, notice of revocation and any other notice of enforcement action in a public area that is visually and physically available. A statement of deficiency shall remain posted for 90 days following receipt. Notices of revocation and other notices of enforcement action shall remain posted until a final determination is made. DHS 83.14(2)(i)(i) The licensee shall make available the results of all department license renewal surveys, monitoring visits and any complaint investigations for the preceding 2 years when requested by any current or prospective resident, resident’s legal representative, case manager or family member. DHS 83.14(2)(j)(j) The licensee may not permit the existence or continuation of any condition which is or may create a substantial risk to the health, safety or welfare of any resident. DHS 83.14(2)(k)(k) The licensee shall ensure that the presence of other occupants does not adversely affect the health, safety or welfare of residents. DHS 83.14 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. DHS 83.15(1)(1) Qualifications. The administrator of a CBRF shall be at least 21 years of age and exhibit the capacity to respond to the needs of the residents and manage the complexity of the CBRF. The administrator shall have any one of the following qualifications: DHS 83.15(1)(a)(a) An associate degree or higher from an accredited college in a health care related field. DHS 83.15(1)(b)(b) A bachelor’s degree in a field other than in health care from an accredited college and one year experience working in a health care related field having direct contact with one or more of the client groups identified under s. DHS 83.02 (16). DHS 83.15(1)(c)(c) A bachelor’s degree in a field other than in health care from an accredited college and have successfully completed an assisted living administrator’s training course approved by the department or the department’s designee. DHS 83.15(1)(d)(d) At least 2 years experience working in a health care related field having direct contact with one or more of the client groups identified under s. DHS 83.02 (16) and have successfully completed an assisted living administrator’s training course approved by the department or the department’s designee. DHS 83.15(1)(e)(e) A valid nursing home administrator’s license issued by the department of safety and professional services. DHS 83.15(2)(2) Persons who are the qualified administrator of record with the department of a CBRF on April 1, 2009, shall be exempt from the qualification requirements specified under sub. (1). DHS 83.15(3)(a)(a) The administrator shall supervise the daily operation of the CBRF, including but not limited to, resident care and services, personnel, finances, and physical plant. The administrator shall provide the supervision necessary to ensure that the residents receive proper care and treatment, that their health and safety are protected and promoted and that their rights are respected. DHS 83.15(3)(b)(b) The administrator shall be responsible for the training and competency of all employees. DHS 83.15(3)(c)(c) A qualified resident care staff shall be designated as in charge whenever the administrator is absent from the CBRF. DHS 83.15 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; CR 10-091: am. (1) (c) and (d) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (e) made under s. 13.92 (4) (b) 6., Stats., Register December 2011 No. 672. DHS 83.16(1)(1) Each employee shall have the skills, education, experience and ability to fulfill the employee’s job requirements. DHS 83.16(2)(2) Resident care staff shall be at least 18 years old. DHS 83.16 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09. DHS 83.17(1)(1) Caregiver background check. At the time of hire, employment or contract and every 4 years after, the licensee shall conduct and document a caregiver background check following the procedures in s. 50.065, Stats., and ch. DHS 12. A licensee shall not employ, contract with or permit a person to reside at the CBRF if the person has been convicted of the crimes or offenses, or has a governmental finding of misconduct, found in s. 50.065, Stats., and ch. DHS 12, Appendix A, unless the person has been approved under the department’s rehabilitation process as defined in ch. DHS 12. DHS 83.17(2)(2) Employee health communicable disease control. DHS 83.17(2)(a)(a) The CBRF shall obtain documentation from a physician, physician assistant, clinical nurse practitioner or a licensed registered nurse indicating all employees have been screened for clinically apparent communicable disease including tuberculosis. Screening for tuberculosis shall be conducted using centers for disease control and prevention standards. The screening and documentation shall be completed within 90 days before the start of employment. The CBRF shall keep screening documentation confidential, except the department shall have access to the screening documentation for verification purposes.
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Chs. DHS 30-100; Community Services
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