DHS 75.09(1)(a)(a) The department may make announced and unannounced inspections of a certified service to verify compliance with this chapter, to investigate complaints received regarding the services provided, or as part of an investigation into the cause of death of a client.

DHS 75.09(1)(b)(b) To ensure compliance with this chapter and other applicable statutes and regulations, the department shall have access to all service documents, open and closed client records, and staff member files at any time.

DHS 75.09(2)(a)(a) Statement of deficiency. Upon determining that the service is in violation of any requirement of this chapter, the department shall promptly serve a statement of deficiency to the governing authority or entity owner or designated representative of the service.

DHS 75.09(2)(b)1.1. Within 10 business days of receipt of the statement of deficiency, the service shall submit a plan of correction to the department for approval, detailing how the service will correct the violation or how the service has corrected the violation. The department may require that a plan of correction be submitted for approval within a shorter specified time for violations the department determines may be harmful to the health, safety, welfare, or rights of clients.

DHS 75.09(2)(b)2.2. The department may require the service to modify the proposed plan of correction before the department approves the plan of correction.

DHS 75.09(2)(b)3.3. Failure to submit an approved plan of correction shall be grounds for denial, suspension, or revocation of the certification.

DHS 75.09(3)(a)(a) If the department denies, revokes, suspends, or refuses to renew certification, the service may request an administrative hearing under ch. 227, Stats.

DHS 75.09(3)(b)(b) A request for a hearing shall be received in writing to the department of administration’s division of hearings and appeals within 10 days after the date of the notice of the department’s action under s. DHS 75.05.

DHS 75.09(3)(c)(c) If a timely request for hearing is made, the department’s decision to revoke, suspend, or refuse to renew certification is stayed pending the outcome of the appeal, unless the department finds that the health, safety or welfare of patients requires that the action take effect immediately. A finding of a requirement for immediate action shall be made in writing by the department.

DHS 75.10(1)(a)(a) Patient death related to physical restraint, psychotropic medication, or suicide. No later than 24 hours after a service becomes aware of the death of a patient, the service shall report the death to the department if there is reasonable cause to believe the death was related to the use of a physical restraint or psychotropic medication, or was a suicide.

DHS 75.10(1)(b)(b) Patient death related to an accident or injury. When a patient dies as a result of an incident or accident at the service location not related to the use of a physical restraint, psychotropic medication, or suicide, the service shall send a report to the department within 3 working days of the patient’s death.

DHS 75.10 NoteNote: Information and forms for statutorily reportable deaths and reporting procedures can be found at: https://www.dhs.wisconsin.gov/regulations/report-death/definitions.htm.

DHS 75.10(2)(a)1.1. When a service receives a report of an allegation of abuse or neglect of a client, or misappropriation of property at the service location, the service shall take immediate steps to ensure the safety of all clients.

DHS 75.10(2)(a)2.2. The service shall investigate and document any allegation of abuse or neglect of a client, or misappropriation of property by a caregiver. If the service’s investigation concludes that the alleged abuse or neglect of a client or misappropriation of property meets the definition of abuse or neglect of a client, or of misappropriation of property, the service shall report the incident to the department on a form provided by the department, within 7 calendar days from the date the service knew or should have known about the abuse, neglect, or misappropriation of property. The service shall maintain documentation of any investigation.

DHS 75.10(2)(b)(b) Other reporting. Filing a report under sub. (1) or (2) does not relieve the service or other person of any obligation to report an incident to any other authority, including law enforcement, the coroner and DSPS.

DHS 75.10(3)(a)(a) The service shall immediately notify the client’s legal representative, as applicable, when there is an incident or injury to the client or a significant change in the client’s physical or mental condition.

DHS 75.10(3)(b)(b) The service shall immediately notify the client’s legal representative, as applicable, when there is an allegation of physical, sexual, or mental abuse, or neglect of a client. The service shall notify the client’s legal representative within 72 hours when there is an allegation of misappropriation of property.

DHS 75.10(3)(c)(c) The service shall give the client or the client’s legal representative, as applicable, a 30-day written notice of any change in charges for services that will be in effect for more than 30 days.