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(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.
(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.
(c) Any incident or accident resulting in serious injury requiring hospital admission or emergency room treatment of a resident.
(d) A catastrophe occurs resulting in damage to the CBRF.
(e) A fire occurs on the premises of the CBRF.
(f) Any time the CBRF must evacuate and temporarily relocate residents and employees from the CBRF for reasons other than a fire drill.
(5) Notification of changes affecting a resident.
(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.
(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.
(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.
(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.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.13 General records, retention and posting.
(1) General records. The CBRF shall maintain documentation of all of the following:
(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).
(b) Investigations and reports of all injuries of unknown source as required under s. DHS 83.12 (3).
(c) Employees’ schedules as required under s. DHS 83.36 (2).
(d) Maintenance of the heating system as required under s. DHS 83.46 (1) (c).
(e) Flue maintenance as required under s. DHS 83.46 (1) (e).
(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.
(g) Dates, times and total evacuation times of quarterly fire drills as required under s. DHS 83.47 (2) (d).
(h) Residents’ evacuation time and type of assistance as required under s. DHS 83.47 (2) (d).
(i) Results of the annual fire inspection as required under s. DHS 83.47 (3).
(j) Results of the CBRF’s smoke and heat detection system testing as required under s. DHS 83.48 (3).
(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).
(2) Records retention.
(a) The CBRF shall retain all records required under this chapter for 2 years, unless otherwise specified under pars. (b) to (d).
(b) Resident records shall be retained for 7 years following the date of a resident’s final discharge.
(c) Employee records shall be retained for 3 years following an employee’s separation from employment at the CBRF.
(d) Dated menus shall be retained for 60 days.
(3) Posting. The CBRF shall post all of the following:
(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).
(b) House rules, resident rights and grievance procedures as required under s. DHS 83.32 (2) (b).
(c) The poster provided by the board on aging and long term care ombudsman program as required under s. DHS 83.33 (4).
(d) Activity schedule as required under s. DHS 83.38 (1) (c).
(e) The CBRF’s exit diagram as required under s. DHS 83.47 (2) (b).
(f) Emergency phone numbers as required under s. DHS 83.47 (2) (h).
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
Subchapter III — Personnel
DHS 83.14 Licensee.
(1) Qualifications.
(a) A licensee shall be at least 21 years of age and be fit and qualified under s. 50.03 (4), Stats., and s. DHS 83.07.
(b) A licensee shall meet the caregiver background requirements under s. 50.065, Stats., and ch. DHS 12.
(2) Responsibilities.
(a) The licensee shall ensure the CBRF and its operation comply with all laws governing the CBRF.
(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.
(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.
(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.
(e) The licensee shall notify the department within 7 days after there is a change in the administrator.
(f) The licensee shall ensure a copy of this chapter is in the CBRF.
(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.
(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.
(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.
(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.
(k) The licensee shall ensure that the presence of other occupants does not adversely affect the health, safety or welfare of residents.
History: 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 Administrator.
(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:
(a) An associate degree or higher from an accredited college in a health care related field.
(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).
(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.
(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.
(e) A valid nursing home administrator’s license issued by the department of safety and professional services.
(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).
(3) Responsibilities.
(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.
(b) The administrator shall be responsible for the training and competency of all employees.
(c) A qualified resident care staff shall be designated as in charge whenever the administrator is absent from the CBRF.
History: 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 Employee.
(1) Each employee shall have the skills, education, experience and ability to fulfill the employee’s job requirements.
(2) Resident care staff shall be at least 18 years old.
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
DHS 83.17 Hiring and employment.
(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.
(2) Employee health communicable disease control.
(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.
(b) Employees shall be re-screened for clinically apparent communicable disease as described in par. (a) based on the likelihood of exposure to communicable disease, including tuberculosis.
(c) A person who has a communicable disease shall not be permitted to work or be present in the CBRF if the disease would present a risk to the health or safety of residents.
Note: For information from the center for disease control and prevention regarding screening for tuberculosis go to http://www.cdc.gov/
History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; corrections in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 83.18 Employee records.
(1) A separate record for each employee shall be maintained, kept current, and at a minimum, include:
(a) A written job description including duties, responsibilities and qualifications required for the employee.
(b) Beginning date of employment.
(c) Educational qualifications for administrators.
(d) A completed caregiver background check following procedures under s. 50.065, Stats., and ch. DHS 12.
(e) Documentation of training, or exemption verification.
(2) Employee records shall be available upon request at the CBRF for review by the department.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.