DHS 89.34DHS 89.34 Rights of tenants. A tenant of a residential care apartment complex shall have all the rights listed in this section. These rights in no way limit or restrict any other rights of the individual under the U.S. Constitution, civil rights legislation or any other applicable statute, rule or regulation. Tenant rights are all of the following: DHS 89.34(1)(1) Courtesy and respect. To be treated with courtesy, respect and full recognition of the tenant’s dignity and individuality by all employees of the facility and all employees of service providers under contract to the facility. DHS 89.34(2)(2) Privacy. To have privacy in his or her independent apartment and when receiving supportive, personal or nursing services. DHS 89.34(3)(3) Self-direction. To make reasonable decisions relating to activities, daily routines, use of personal space, how to spend one’s time and other aspects of life in the residential care apartment complex. DHS 89.34(4)(4) Management of financial affairs. To manage his or her own financial affairs unless the tenant delegates, in writing, responsibility for financial management to someone of the tenant’s choosing or the tenant is adjudicated incompetent, in which case the guardian shall be responsible. DHS 89.34(5)(5) Service choice. To choose which services are included in the service agreement, including the right to refuse services provided that the refusal would not endanger the health or safety of the other tenants. DHS 89.34(6)(6) Choice of health care providers. To the facility’s noninterference with the tenant’s choice of his or her physician and providers of other medical, mental health and pharmaceutical services. A tenant shall not be required to use medical, mental health or pharmaceutical providers who are employed by or affiliated with the facility or to whom the tenant is referred by facility staff. A tenant’s choice of providers of supportive, personal and nursing services from providers other than the residential care apartment complex is subject to the requirements of s. DHS 89.24 (2) (b). DHS 89.34(7)(7) Furnishings and possessions. To furnish his or her independent apartment and to maintain personal possessions as space permits as long as the tenant does not unreasonably interfere with the other tenants’ choices or endanger the health or safety of the other tenants. DHS 89.34(8)(8) Association. To receive visitors, meet with groups or participate in activities of the tenant’s choice, including organizing and participating in tenant or family councils or groups provided that the health or safety of the other tenants is not endangered. DHS 89.34(9)(9) Mail. To receive and send sealed, unopened mail, including packages. The residential care apartment complex shall give mail to tenants on the day it is received or as soon as possible thereafter. DHS 89.34(10)(10) Telephone. To have a private telephone properly installed in his or her independent apartment. DHS 89.34(11)(11) Religion. No tenant may be required to engage in any religious activity. DHS 89.34(12)(12) Confidentiality of records. To have his or her medical, personal and financial records kept confidential consistent with all applicable federal and state statutes, rules and regulations. For the purposes of registration, certification and administration, staff of the residential care apartment complex, the department, and any county department or aging unit designated to administer the medicaid waiver for those tenants whose services are paid for under s. 46.277, Stats., shall have access to a tenant’s records without the tenant’s consent, but may not disclose the information except as permitted by law. DHS 89.34(13)(13) Access to records. A tenant or tenant’s designated representative may inspect, copy and challenge the accuracy of the tenant’s records. DHS 89.34(14)(14) Disclosure of personal information. To have necessary discussion by facility employees regarding one’s physical, mental or medical condition, services, payment sources and other personal affairs conducted discreetly, and to not have facility employees, staff or any service provider under contract with the facility indiscreetly disclosing personal information about oneself to other tenants. DHS 89.34(15)(15) Receipt of services. To receive services consistent with the service agreement and risk agreement. DHS 89.34(16)(16) Medications. Except as provided for in the service agreement or risk agreement, to have the facility not interfere with the tenant’s ability to manage his or her own medications or, when the facility is managing the medications, to receive all prescribed medications in the dosage and at the intervals prescribed by the tenant’s physician and to refuse a medication unless there is a court order. DHS 89.34(17)(17) Safe environment. To a safe environment in which to live. DHS 89.34(18)(18) Freedom from abuse. To be free from physical, sexual or emotional abuse, neglect or financial exploitation or misappropriation of property by the facility, its staff or any service provider under contract with the facility. DHS 89.35(1)(1) A residential care apartment complex shall have a written grievance procedure and shall provide a copy to each tenant and tenant’s designated representative, where applicable. Tenants of a residential care apartment complex may file complaints with the department. The grievance procedure shall include information about how to file a complaint with the department. DHS 89.35 NoteNote: Complaints may be filed with the Department by writing or phoning the Bureau of Quality Assurance, Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707, (608) 266-0120.
DHS 89.35(2)(2) Any person assigned by the residential care apartment complex to investigate the facts associated with a grievance shall not have had any involvement in the issues leading to the grievance. DHS 89.35(3)(3) The residential care apartment complex shall provide a written summary of the grievance, findings, conclusions and any action taken as a result of the grievance to the tenant, the tenant’s designated representative, if any, and, for tenants whose services are funded under s. 46.277, Stats., the county department or aging unit designated to administer the medical assistance waiver. DHS 89.35(4)(4) Tenants of a residential care apartment complex may file complaints with the department. The department shall maintain a record of all complaints. DHS 89.36DHS 89.36 Coercion and retaliation prohibited. Any form of coercion to discourage or prevent a tenant or the tenant’s guardian or designated representative from exercising any of the rights under this subchapter or from filing a grievance or complaint is prohibited. Any form of retaliation against a tenant for exercising his or her rights or filing a grievance or complaint, or against an employee or service provider who assists a tenant in exercising his or her rights or filing a grievance or complaint, is prohibited. DHS 89.41DHS 89.41 Applicability. The provisions of this subchapter apply to a facility which is applying to the department for registration as a residential care apartment complex or which is registered by the department as a residential care apartment complex. DHS 89.42DHS 89.42 Information requirements, application procedure and form. An applicant shall submit a completed application form to the department to initiate the registration process. The application shall be on a form supplied by the department that is signed and dated by the applicant and shall include assurances that the applicant meets the definition and all the requirements for a residential care apartment complex contained in this chapter as well as all applicable federal, state and local statutes, ordinances, rules and regulations. DHS 89.42 NoteNote: To obtain a copy of the application form, contact the Bureau of Quality Assurance, Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707. Phone: (608) 266-0120.
DHS 89.43(1)(1) The department shall issue a statement of registration upon receipt of a completed application and assurances. DHS 89.43(2)(2) Registration shall be issued only for the residential care apartment complex location, owner and operator identified in the application form and is not transferable to any other residential care apartment complex, owner or operator. DHS 89.43(3)(3) The department may, without notice to the facility, visit the facility at any time to determine if the facility meets the requirements of this chapter. The owner or operator shall be able to verify compliance with this chapter and shall provide the department access to the residential care apartment complex and its staff, tenants and records. DHS 89.43(4)(4) A registered residential care apartment complex shall notify tenants that, for registered facilities, the department does not routinely inspect facilities or verify compliance with the requirements for residential care apartment complexes and does not enforce contractual obligations under the service or risk agreements. DHS 89.44DHS 89.44 Termination and revocation. DHS 89.44(1)(1) A residential care apartment complex’s registration terminates whenever any of the following occurs: DHS 89.44(2)(2) A residential care apartment complex shall immediately report to the department any change which would invalidate its registration under sub. (1). DHS 89.44(3)(3) The department may revoke the registration of a residential care apartment complex which fails to comply with one or more of the requirements of this chapter. In the event of revocation, the department shall provide the residential care apartment complex with prior written notice of the proposed action, the reasons for the action and notice of the opportunity for appeal under s. DHS 89.45. DHS 89.44(4)(4) A residential care apartment complex shall immediately notify all tenants and tenants’ designated representatives, where appropriate, of any notice of revocation and the reasons for the revocation. DHS 89.44(5)(5) No person may engage in any form of coercion to prevent a tenant, employee or service provider from filing a complaint about a residential care apartment complex or any form of retaliation against a tenant, employee or service provider for filing a complaint. DHS 89.45(1)(1) If the registration of a facility is revoked under s. DHS 89.44 (3) or, under s. DHS 89.62 (3), the application for registration is denied, the facility may request a hearing on that decision under s. 227.42, Stats. DHS 89.45(2)(2) A request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date of notice of enforcement action under s. DHS 89.44 (3) or 89.62 (3). An appeal is filed on the date that it is received by the division of hearings and appeals. DHS 89.45 NoteNote: A request for a hearing should be submitted to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707.
DHS 89.45 HistoryHistory: Cr. Register, February, 1997, No. 494, eff. 3-1-97. DHS 89.51DHS 89.51 Applicability. The provisions of this subchapter apply to a facility which is applying to the department for certification as a residential care apartment complex for purposes of medical assistance reimbursement or is certified by the department as a residential care apartment complex for purposes of medical assistance reimbursement. DHS 89.52DHS 89.52 Standards for operation. A certified residential care apartment complex shall comply with the following standards for operation: DHS 89.52(1)(1) The certified residential care apartment complex shall have a contract with the county agency which administers the medical assistance waiver under s. 46.277, Stats., if it receives those funds. DHS 89.52(2)(2) The certified residential care apartment complex shall comply with all other applicable requirements of the Medicaid Community Waivers Manual. DHS 89.52 NoteNote: For a copy of the Medicaid Community Waivers Manual, contact Department of Administration Document Sales at (608) 266-3358.
DHS 89.53(1)(1) Application. A facility shall apply to the department to initiate the certification process. The application shall be in writing and shall include the following: DHS 89.53(1)(a)(a) A completed application form provided by the department. DHS 89.53(1)(b)(b) Approvals, permits or other documentation that the residential care apartment complex is in compliance with all applicable federal, state and local licensing, building, zoning and environmental statutes, ordinances, rules and regulations. DHS 89.53(1)(c)(c) Any other documentation requested by the department to determine whether the applicant complies with this chapter. DHS 89.53 NoteNote: To obtain a copy of the application form, contact the Bureau of Quality Assurance, Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707. Phone: 608-266-0120.
DHS 89.53(2)(a)(a) The department shall review the completed application form and supporting documents and may conduct on-site visits of the facility to determine if the facility meets the definition of residential care apartment complex and the requirements of this chapter. DHS 89.53(2)(b)(b) If the requirements of this chapter are met, the department shall certify the facility as a residential care apartment complex. DHS 89.53(2)(c)(c) If the requirements of this chapter are not met, the applicant shall be issued a notice of denial. The department may deny certification for any applicant whose residential care apartment complex registration or certification has previously been revoked or who has a record of violating applicable statutes and regulations of the United States or of this or any other state in the operation of a residential or health care facility, or in any other health or human service related activity. DHS 89.53(2)(d)(d) The department shall issue the certification or notice of denial within 70 days after receiving the complete application and supporting documentation and completing the site visit. A notice of denial shall give the reasons for the denial and shall notify the applicant that the decision may be appealed under s. DHS 89.59. DHS 89.53(2)(e)(e) Certification shall be issued only for the residential care apartment complex location, owner and operator identified in the application and is not transferable to another facility, owner or operator. DHS 89.53(3)(3) Certification fee. There shall be an annual fee for certification in an amount determined by the department. A facility’s certification shall lapse if the fee is not paid within a period of time established by the department. A residential care apartment complex operated by the Wisconsin Veterans Home at King shall be exempt from the fee. DHS 89.53(4)(a)(a) The initial certification of a residential care apartment complex shall be effective for up to 12 months and renewals shall be effective for up to 36 months. DHS 89.53(4)(b)(b) Certification shall be renewed if the owner or operator continues to comply with the provisions of this chapter, submits an application for renewal at least 30 days before the certification expires and pays the required certification fee. If an application for renewal is denied, the owner or operator shall be given written notice of the denial which shall include the reasons for denial and notice of opportunity to appeal the decision under s. DHS 89.59. DHS 89.53(4)(c)(c) 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 tenant. DHS 89.54DHS 89.54 Reporting of changes. A certified residential care apartment complex operator shall report to the department any change which may affect its compliance with this chapter, including change in the residential care apartment complex ownership, administration, building or continued operation, 30 days prior to making the change. The department may require that the facility reapply for certification when any of these changes take place. DHS 89.55(1)(1) The department shall conduct periodic inspections of residential care apartment complexes during the period of certification and may, without notice to the owner or operator, visit a residential care apartment complex at any time to determine if the facility continues to comply with this chapter. The owner or operator shall be able to verify compliance with this chapter and shall provide the department access to the residential care apartment complex and its staff, tenants and records. DHS 89.55(2)(2) The department may require that the facility provide proof of building, fire, health, sanitation or safety inspection of the facility and premises to document the facility’s compliance with this chapter and with other applicable statutes, ordinances, rules and regulations. Such an inspection shall be performed by a Wisconsin registered engineer or architect, a department of safety and professional services certified commercial building inspector or other appropriate professional as determined by the department. DHS 89.55 HistoryHistory: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673. DHS 89.56DHS 89.56 Intermediate sanctions and penalties. DHS 89.56(1)(1) Notice of violation. The department shall issue a written notice of violation when it finds that a certified residential care apartment complex is in violation of this chapter. The notice shall explain the grounds for the notice of violation, the sanctions or penalties to be imposed, if any, and the process for appeal.
