DHS 105.09(4)(d) (d) A skilled nursing facility located within a county determined to have an inadequate number of medicare-certified beds and which has less than 100 beds may apply to the department for partial exemption from the requirements of this section. An SNF which applies for partial exemption shall recommend to the department the number of medicare-certified beds that the SNF should have to meet the requirements of this section based on the facility’s analysis of the demand for medicare-certified beds in the community. The department shall review all recommendations and issue a determination to each SNF requesting a partial exemption.

DHS 105.09 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; renum. (1), (2), (3) (a) and (b) to be (2), (3), (4) (a) and (b) and am. (2) and (4) (b), cr. (1), (4) (c) and (d), Register, February, 1988, No. 386, eff. 7-1-88; 2019 Wis. Act 1: am. (4) (b) Register May 2019 No. 761, eff. 6-1-19.

DHS 105.10 DHS 105.10 SNFs and ICFs with deficiencies. If the department finds a facility deficient in meeting the standards specified in s. DHS 105.08, 105.09, 105.11 or 105.12, the department may nonetheless certify the facility for MA under the conditions specified in s. DHS 132.21 and 42 CFR 442, Subpart C.

DHS 105.10 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636.

DHS 105.11 DHS 105.11 Intermediate care facilities. For MA certification, intermediate care facilities shall be licensed pursuant to s. 50.03, Stats., and ch. DHS 132.

DHS 105.11 Note Note: For covered nursing home services, see s. DHS 107.09.

DHS 105.11 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636.

DHS 105.12 DHS 105.12 ICFs for individuals with intellectual disabilities or individuals with related conditions. For MA certification, institutions for individuals with intellectual disabilities or individuals with related conditions shall be licensed pursuant to s. 50.03, Stats., and ch. DHS 134.

DHS 105.12 Note Note: For covered ICF/IID services, see s. DHS 107.09.

DHS 105.12 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1991, No. 432; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; 2019 Wis. Act 1: am. Register May 2019 No. 761, eff. 6-1-19.

DHS 105.14 DHS 105.14 Adult day care centers.

DHS 105.14(1) (1) General provisions.

DHS 105.14(1)(a) (a) Introduction. In accordance with s. 49.45 (2) (a) 11. and (47) (a) and (b), Stats., this section is promulgated to establish regulations and standards for the care, treatment or services, and health, safety, rights, well-being and welfare of participants in certified adult day care centers (ADCCs). This section is promulgated to ensure that each ADCC provides a supportive environment in a community-based group setting that is the least restrictive of each participant’s freedom, and that care and services are provided in a manner that protects the rights and dignity of each participant.

DHS 105.14(1)(b) (b) Definitions.

DHS 105.14(1)(b)1. 1. “Abuse” has the meaning given in s. DHS 13.03 (1) (a).

DHS 105.14(1)(b)2. 2. “Accessible” means barriers are not present that prevent a person from entering, leaving, or functioning within an ADCC without physical help.

DHS 105.14(1)(b)3. 3. “Activities of daily living” or “ADL” means bathing, eating, oral hygiene, dressing, toileting, incontinence care, mobility and transferring from one surface to another such as from a bed to a chair.

DHS 105.14(1)(b)4. 4. “Adult” means an individual who is at least 18 years of age.

DHS 105.14(1)(b)5. 5. “Adult day care center” or “ADCC” means an entity that provides services for part of a day in a group setting to adults who need an enriched health, supportive or social experience, and who may need assistance with activities of daily living, supervision, or protection.

DHS 105.14(1)(b)6. 6. “Applicant” means the person seeking certification of an ADCC.

DHS 105.14(1)(b)7. 7. “Assessment” means gathering and analyzing information about a prospective or existing participant’s needs and abilities as provided in sub. (7) (a).

DHS 105.14(1)(b)8. 8. “Caregiver” has the meaning given in s. 50.065 (1) (ag), Stats.

DHS 105.14(1)(b)9. 9. “Chemical restraint” means a psychotropic medication used for discipline or convenience, and not required to treat medical symptoms.

DHS 105.14(1)(b)10. 10. “Department” means the Wisconsin department of health services.

DHS 105.14(1)(b)11. 11. “Legal representative” means any of the following:

DHS 105.14(1)(b)11.a. a. The health care agent under an activated power of attorney for health care under ch. 155, Stats.

DHS 105.14(1)(b)11.b. b. A person appointed as a durable power of attorney under ch. 244, Stats.

DHS 105.14(1)(b)11.c. c. A guardian, guardian of the estate, or guardian of the person, as defined in s. 54.01 (10), (11), or (12), Stats.

DHS 105.14(1)(b)12. 12. “Medication administration” means the direct injection, ingestion or other application of a prescription or over-the-counter drug or device to a participant, but does not include reminders to take the medication. Medication administration can be performed by any of the following: