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
DHS 134.31(3)(a)4.d.d. Allow parents and guardians to visit any part of the facility that provides services to residents.
DHS 134.31(3)(b)(b) Grievances. Present grievances on the resident’s own behalf or through others to the facility’s staff or administrator, to public officials or to any other person without justifiable fear of reprisal and to join with other residents or individuals within or outside of the facility to work for improvements in resident care.
DHS 134.31(3)(c)(c) Finances. Manage one’s own financial affairs, including any personal allowances under federal or state programs. No resident funds may be held or spent except in accordance with the following requirements:
DHS 134.31(3)(c)1.1. A facility may not hold or spend a resident’s funds unless the resident or another person legally responsible for the resident’s funds authorizes this action in writing. The facility shall obtain separate authorizations for holding a resident’s funds and for spending a resident’s funds. The authorization for spending a resident’s funds may include a spending limit. Expenditures that exceed a designated spending limit require a separate authorization for each individual occurrence;
DHS 134.31(3)(c)2.2. Any resident funds held or controlled by the facility and any earnings from them shall be credited to the resident and may not be commingled with other funds or property except that of other residents;
DHS 134.31(3)(c)3.3. The facility shall furnish a resident, the resident’s guardian or a representative designated by the resident with at least an annual statement of all funds and properties held by the facility for the resident and all expenditures made from the resident’s account, and a similar statement at the time of the resident’s permanent discharge. If the resident has authorized discretionary expenditures by the facility and the facility has accepted responsibility for these expenditures, upon written request of the resident, the resident’s guardian or a designated representative of the resident, the facility shall issue this statement monthly;
DHS 134.31(3)(c)4.4. The facility shall maintain a record of all expenditures, disbursements and deposits made on behalf of the resident; and
DHS 134.31(3)(c)5.5. The facility shall provide training and counseling to residents in the management and use of money as necessary to meet each resident’s needs.
DHS 134.31(3)(d)(d) Admission information. Be fully informed in writing, prior to or at the time of admission, of all services and the charges for these services, and be informed in writing, during the resident’s stay, of any changes in the services available or in charges for services, as follows:
DHS 134.31(3)(d)1.1. No person may be admitted to a facility unless that person or that person’s guardian or designated representative has signed an acknowledgement of having received a statement of information before or on the day of admission which includes at least the following information or, in the case of a person to be admitted for short-term care, the information required under s. DHS 134.70 (3):
DHS 134.31(3)(d)1.a.a. An accurate description of the basic services provided by the facility, the rates charged for those services and the method of payment for them;
DHS 134.31(3)(d)1.b.b. Information about all additional services regularly offered but not included in the basic services. The facility shall provide information on where a statement of the fees charged for each of these services can be obtained. These additional services include pharmacy, x-ray, beautician and all other additional services regularly offered to residents or arranged for residents by the facility;
DHS 134.31(3)(d)1.c.c. The method for notifying residents of a change in rates or fees;
DHS 134.31(3)(d)1.d.d. Terms for refunding advance payments in the event of a resident’s transfer, death or voluntary or involuntary discharge;
DHS 134.31(3)(d)1.e.e. Terms for holding and charging for a bed during a resident’s temporary absence;
DHS 134.31(3)(d)1.f.f. Conditions for involuntary discharge or transfer, including transfer within the facility;
DHS 134.31(3)(d)1.g.g. Information about the availability of storage space for personal effects; and
DHS 134.31(3)(d)1.h.h. A summary of residents’ rights recognized and protected by this section and all facility policies and regulations governing resident conduct and responsibilities.
DHS 134.31(3)(d)2.2. No statement of admission information may be in conflict with any part of this chapter.