Chapter DHS 89

Register July 2011 No. 667

Chapter DHS 89

RESIDENTIAL CARE APARTMENT COMPLEXES

Subchapter I — General Provisions

DHS 89.11   Authority and purpose.

DHS 89.12   Applicability.

DHS 89.13   Definitions.

DHS 89.14   Registration or certification requirement.

DHS 89.15   Limitation on use of name “residential care apartment complex”.

Subchapter II — General Requirements for Operation

DHS 89.21   Applicability.

DHS 89.22   Building requirements.

DHS 89.23   Services.

DHS 89.24   Hours of service.

DHS 89.25   Schedule of fees for services.

DHS 89.26   Comprehensive assessment.

DHS 89.27   Service agreement.

DHS 89.28   Risk agreement.

DHS 89.29   Admission and retention of tenants.

DHS 89.295   Variance for demonstration projects in family care pilots.

Subchapter III — Tenant Rights

DHS 89.31   Applicability.

DHS 89.32   Facility policies and procedures.

DHS 89.33   Explanation of tenant rights.

DHS 89.34   Rights of tenants.

DHS 89.35   Grievances.

DHS 89.36   Coercion and retaliation prohibited.

Subchapter IV — Registration

DHS 89.41   Applicability.

DHS 89.42   Information requirements, application procedure and form.

DHS 89.43   Issuance.

DHS 89.44   Termination and revocation.

DHS 89.45   Appeals.

Subchapter V — Certification

DHS 89.51   Applicability.

DHS 89.52   Standards for operation.

DHS 89.53   Certification procedures.

DHS 89.54   Reporting of changes.

DHS 89.55   Monitoring.

DHS 89.56   Intermediate sanctions and penalties.

DHS 89.57   Revocation.

DHS 89.58   Coercion and retaliation prohibited.

DHS 89.59   Appeals.

Subchapter VI — Approval of Partial Conversion of a Nursing Home or Community-Based Residential Facility

DHS 89.61   Submission of additional information.

DHS 89.62   Application review and approval.

Ch. DHS 89 Note Note: This chapter was titled Assisted Living Facilities before December 1, 1998. Chapter HFS 89 was renumbered to chapter DHS 89 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

subch. I of ch. DHS 89 Subchapter I — General Provisions

DHS 89.11 DHS 89.11 Authority and purpose. This chapter is promulgated under the authority of s. 50.034, Stats., to establish standards and procedures for the certification or registration of residential care apartment complexes in order to promote the health and safety of persons residing in and receiving services from those facilities. This chapter is intended to ensure that all residential care apartment complexes provide each tenant with an independent apartment in a setting that is home-like and residential in character; make available personal, supportive and nursing services that are appropriate to the needs, abilities and preferences of individual tenants; and operate in a manner that protects tenants’ rights, respects tenant privacy, enhances tenant self-reliance and supports tenant autonomy in decision-making including the right to accept risk.

DHS 89.11 Note Note: Before September 6, 1997, residential care apartment complexes were called “assisted living facilities.” The name change was made by 1997 Wisconsin Act 13.

DHS 89.11 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.12 DHS 89.12 Applicability.

DHS 89.12(1) (1) This chapter applies to the department and to all residential care apartment complexes operating in Wisconsin.

DHS 89.12(2) (2) This chapter does not apply to nursing homes, community-based residential facilities or hospitals or to congregate housing or housing for the elderly.

DHS 89.12 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.13 DHS 89.13 Definitions. In this chapter:

DHS 89.13(1) (1) “Residential care apartment complex” or “facility” means a place where 5 or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping and living areas, and that provides, to a person who resides in the place, not more than 28 hours per week of services that are supportive, personal and nursing services. “Residential care apartment complex” does not include a nursing home or a community-based residential facility, but may be physically part of a structure that is a nursing home or community-based residential facility.

DHS 89.13(2) (2) “Residential care apartment complex services” means services provided by a residential care apartment complex, either directly or under contract, to meet needs identified in a tenant’s service agreement, to meet unscheduled care needs or to provide emergency services 24 hours a day.

DHS 89.13(3) (3) “Bathroom” means a room with floor to ceiling walls and a door which contains a toilet, a sink and a bathtub or shower.