DHS 89.42 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.43 DHS 89.43 Issuance.

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 89.43 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.44 DHS 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(1)(a) (a) There is a change in ownership.

DHS 89.44(1)(b) (b) The facility discontinues operation.

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 89.44 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.45 DHS 89.45 Appeals.

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 Note Note: 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 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97.

subch. V of ch. DHS 89 Subchapter V — Certification

DHS 89.51 DHS 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 89.51 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.52 DHS 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 Note Note: For a copy of the Medicaid Community Waivers Manual, contact Department of Administration Document Sales at [phone].

DHS 89.52 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98; CR 23-046: am. (1) Register April 2024 No. 820, eff. 5-1-24.