DHS 134.13(43)(43) “Resident” means a person cared for or treated in any facility on a 24-hour basis. DHS 134.13(44)(44) “Respite care” means care anticipated to be provided for a period of 28 days or less for the purpose of temporarily relieving a family member or other caregiver from his or her daily caregiving duties. DHS 134.13(45)(45) “Short-term care” means recuperative care or respite care. DHS 134.13(46)(46) “Small facility” means a facility licensed to serve 16 or fewer persons. DHS 134.13(47)(47) “Specialized consultation” means the provision of professional or technical advice such as systems analysis, crisis resolution or inservice training, to assist the facility in maximizing service outcomes. DHS 134.13(48)(48) “Supervision” means at least intermittent face-to-face contact between a supervisor and his or her assistant, with the supervisor instructing and overseeing the assistant, but does not require the continuous presence of the supervisor in the same building as the assistant. DHS 134.13(49)(49) “Unit dose drug delivery system” means a system for the distribution of medications in which single doses of medications are individually packaged and sealed for distribution to residents. DHS 134.13 HistoryHistory: Cr. Register, June, 1988, No. 390, eff. 7-1-88; corrections in (30), (39) (d) and (e) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; CR 03-033: am. (7), (10) (a), (12), (13), (17) and (39) (intro.) Register December 2003 No. 576, eff. 1-1-04; CR 04-053: r. and recr. (1), (2) and (3), am. (4), (5), (10) and (13), cr. (4m) and (23m) Register October 2004 No. 586, eff. 11-1-04; CR 07-042: cr. (18m), (38g) and (38r) Register October 2007 No. 622, eff. 11-1-07; corrections in (1), (8), (23m), (30), (39) (d) and (e) made under s. 13.92 (4) (b) 6. and 7., Stats., Register January 2009 No. 637; 2019 Wis. Act 1: am. (9) (intro.), (39) Register May 2019 No. 761, eff. 6-1-19; CR 23-046: am. (9) (intro.) Register April 2024 No. 820, eff. 5-1-24. DHS 134.14(1)(1) Application. Application for a license to operate an FDD shall be made on a form provided by the department. DHS 134.14 NoteNote: To obtain a copy of the application form for a license to operate an FDD, write: Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969.
DHS 134.14(2)(a)1.1. A center serving people with developmental disabilities may have more than 16 residents; and DHS 134.14(2)(a)2.2. A home licensed under ch. DHS 132 on July 1, 1988 which under ch. DHS 122 has converted or converts all of a building or a physically identifiable distinct part of a building to be an FDD may have a capacity that is equal to the total number of beds approved under s. DHS 122.07 (2). DHS 134.14(2)(b)(b) A home licensed under ch. DHS 132 may not be issued a license to operate as an FDD after July 1, 1988 if it is not an FDD on July 1, 1988, except as provided in par. (a) 2. DHS 134.14(3)(a)(a) An applicant for a license shall submit the following information to the department: DHS 134.14(3)(a)1.1. The identities of all persons or business entities having the authority, directly or indirectly, to direct or influence the direction of the management or policies of the facility; DHS 134.14(3)(a)2.2. The identities of all persons or business entities having any ownership interest in the facility, whether direct, or indirect, and whether the interest is in the profits, land or building, including owners of any business entity which owns any part of the land or building; DHS 134.14(3)(a)3.3. The identities of all creditors holding a security interest in the premises, whether in the land or the building; and DHS 134.14(3)(a)4.4. In the case of a change of ownership, disclosure of any relationship or connection between the old licensee and the new licensee, or between any owner or operator of the old licensee and the owner or operator of the new licensee, whether direct or indirect. DHS 134.14(3)(b)(b) The applicant shall provide any additional information requested by the department during its review of the license application. DHS 134.14(3)(c)(c) The applicant shall submit evidence to establish that he or she has sufficient resources to permit operation of the facility for a period of 6 months. DHS 134.14(3)(d)(d) No license may be issued until the applicant has supplied all information requested by the department. DHS 134.14(4)(a)(a) After receiving a complete application, the department shall investigate the applicant to determine the applicant’s ability to comply with this chapter. DHS 134.14(4)(b)(b) Within 60 days after receiving a complete application for a license, including all information required under sub. (3) (a) to (c), the department shall either approve the application and issue a license or deny the application. If the application for a license is denied, the department shall give the applicant reasons, in writing, for the denial. DHS 134.14(5)(a)(a) Probationary license. If the applicant has not previously been licensed under this chapter or if the facility is not in operation at the time application is made, the department shall issue a probationary license. A probationary license shall be valid for 12 months from the date of issuance unless sooner suspended or revoked under s. 50.03 (5), Stats. If the applicant is found to be in compliance with this chapter, a regular license shall be issued. DHS 134.14(5)(b)(b) Regular license. If the applicant has been previously licensed, the department shall issue a regular license if the applicant is found to be in compliance with this chapter. A regular license is valid indefinitely unless suspended or revoked. DHS 134.14(5m)(5m) Annual report. Every 12 months, on a schedule determined by the department, an FDD licensee shall submit a report to the department in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a), Stats. If a complete report is not timely filed, the department shall issue a warning to the licensee. If the licensee of an FDD who has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the license. DHS 134.14(5r)(5r) Reporting involuntary administration of psychotropic medication. 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 134.14(6)(a)(a) A license is issued only for the premises and the persons named in the license application, and may not be transferred or assigned by the licensee. DHS 134.14(6)(b)(b) The license shall state any applicable restrictions, including maximum bed capacity and any other limitation that the department considers appropriate and necessary taking all facts and circumstances into account. DHS 134.14(6)(c)(c) The licensee shall fully comply with all requirements and restrictions of the license. DHS 134.14(7)(7) Condition for medical assistance provider certification. In order to claim reimbursement from the department’s medical assistance program for the cost of care provided to medical assistance recipients, an FDD is required to be a certified provider under that program. The sole condition for certification, stated in s. DHS 105.12, is that the FDD be licensed under this chapter. For services covered by the MA program and for prior authorization requirements, see chs. DHS 101 to 108. DHS 134.14 HistoryHistory: Cr. Register, June, 1988, No. 390, eff. 7-1-88; corrections in (2) (a) 2. and (7) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; am. (5), cr. (5m), Register, August, 2000, No. 536, eff. 9-1-00; CR 03-033: am. (1), (2) (a) (intro.) and (5m) Register December 2003 No. 576, eff. 1-1-04; CR 04-053: am. (2) (a) 1. Register October 2004 No. 586, eff. 11-1-04; CR 07-042: cr. (5r) Register October 2007 No. 622, eff. 11-1-07; corrections in (2) and (7) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. DHS 134.15(1)(a)(a) “Variance” means the approval of an alternate requirement in place of a requirement of this chapter. DHS 134.15(1)(b)(b) “Waiver” means the granting of an exemption from a requirement of this chapter. DHS 134.15(2)(2) Requirements for waivers or variances. The department may grant a waiver or variance if the department finds that the waiver or variance will not adversely affect the health, safety or welfare of residents, taking into account the size of the facility and the condition of the residents, and that: DHS 134.15(2)(a)(a) Strict enforcement of a requirement would result in unreasonable hardship on the facility or a resident; or DHS 134.15(2)(b)(b) An alternative to a rule which may involve introducing a new concept, method, procedure or technique, using new equipment, modifying personnel qualifications or providing for the conduct of pilot projects, is in the interests of better care or management. DHS 134.15(3)(a)1.1. All applications for a waiver or variance shall be made in writing to the department, specifying the following: DHS 134.15(3)(a)1.c.c. If the request is for a variance, the specific alternative action which the facility proposes; DHS 134.15(3)(a)3.3. The department may require additional information from the facility before acting on the request. DHS 134.15 NoteNote: A request for a waiver or variance should be addressed to: Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969.
DHS 134.15(3)(b)1.1. The department shall grant or deny each request for waiver or variance in writing. Notice of denial shall contain the reasons for denial. If a notice of a denial is not issued within 60 days after the receipt of a complete request, the waiver or variance shall be automatically approved. DHS 134.15(3)(b)2.2. The department may impose whatever conditions on the granting of a waiver or variance that it deems necessary. DHS 134.15(3)(b)3.3. The department and a facility may agree to modify the terms of a requested variance. DHS 134.15(3)(c)1.1. A facility may ask the administrator of the department’s division of long term care to review the reasonableness of the denial of a request for a waiver or variance. The administrator shall make that review and notify the facility of his or her decision within 20 days following receipt of the appeal. DHS 134.15 NoteNote: To appeal the denial of a request for a waiver or variance, write: Administrator, Division of Long Term Care, P.O. Box 7851, Madison, Wisconsin 53707-7851.
DHS 134.15(3)(c)2.a.a. A denial of a waiver or variance may be contested by requesting a hearing as provided by ch. 227, Stats. DHS 134.15(3)(c)2.b.b. The licensee shall sustain the burden of proving that the denial of a waiver or variance was unreasonable. DHS 134.15(3)(d)(d) Revocation. The department may revoke a waiver or variance if: DHS 134.15(3)(d)1.1. The department determines that the waiver or variance is adversely affecting the health, safety or welfare of the residents; DHS 134.15(3)(d)2.2. The department determines that the facility has failed to comply with a variance as granted; DHS 134.15(3)(d)3.3. The licensee notifies the department in writing that he or she wishes to relinquish the waiver or variance and be subject to the rule previously waived or varied; or DHS 134.15 HistoryHistory: Cr. Register, June, 1988, No. 390, eff. 7-1-88; correction in (3) (c) 1. made under s. 13.93 (2m) (b) 6., Stats., Register December 2003 No. 576; correction in (3) (c) 1. made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637. DHS 134.31(1)(1) Facility obligations. All facilities shall comply with the requirements governing residents’ rights enumerated in s. 50.09, Stats., and this chapter. Facilities shall have written policies and procedures to ensure that staff recognize that residents have these rights, and that staff respect and enforce these rights. The written policies and procedures shall encourage residents to exercise their rights on their own behalf whenever practicable. DHS 134.31(2)(2) Delegation of rights and responsibilities. Each facility shall have written policies and procedures that provide that: DHS 134.31(2)(a)(a) If a resident is adjudicated incompetent under ch. 54, Stats., all rights and responsibilities of the resident which the resident is not competent to exercise pass to the resident’s guardian pursuant to s. 50.09 (3), Stats., except as otherwise provided by law; and DHS 134.31(2)(b)(b) If there has been no adjudication of incompetency but the resident requires assistance in understanding or exercising his or her rights, that assistance is provided to the resident to the extent necessary for the resident to receive the benefits of this section, including involvement of the next of kin or sponsoring agency and notification of the appropriate county agency if there is need for guardianship. DHS 134.31(3)(3) Residents’ rights. Every resident, except as provided in sub. (4), has the right to: DHS 134.31(3)(a)(a) Communications. Have private and unrestricted communications, unless medically contraindicated as documented by the resident’s physician in the resident’s medical record, except that receipt of mail from any source and communication with public officials or with the resident’s attorney may not be restricted in any event. The right to private and unrestricted communications includes the right to: DHS 134.31(3)(a)1.1. Receive, send and mail sealed, unopened correspondence. No resident’s incoming or outgoing correspondence may be opened, delayed, held or censored, except that a resident or guardian may direct in writing that specified incoming correspondence be opened, delayed or held; DHS 134.31(3)(a)2.2. Use a telephone for private communications, unless medically contraindicated in which case the resident shall be informed in writing of the grounds for withdrawal of the right and shall have the opportunity for a review of the withdrawal of the right; DHS 134.31(3)(a)3.3. Have private visits, pursuant to a reasonable written visitation policy, unless medically contraindicated in which case the resident shall be informed in writing of the grounds for withdrawal of the right and shall have the opportunity for a review of the withdrawal of the right. The facility shall ensure that individuals allowed to visit under this paragraph do not infringe on the privacy and rights of the other residents; DHS 134.31(3)(a)4.4. Communicate with staff in regard to all aspects of the treatment program. To facilitate this communication, the facility shall: DHS 134.31(3)(a)4.a.a. Keep the resident’s legal guardian or, if there is no guardian, family or next of kin, informed of resident activities and significant changes in the resident’s condition; DHS 134.31(3)(a)4.b.b. Answer communications from resident’s relatives or guardian promptly and appropriately; DHS 134.31(3)(a)4.c.c. Allow close relatives and guardians to visit at any reasonable hour, without prior notice, unless an interdisciplinary team determines that this would not be appropriate; and
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