DHS 105.14(5)(c)2.d.d. The participant requires medical care that the ADCC cannot provide.
DHS 105.14(5)(c)2.e.e. There is imminent risk of serious harm to the health or safety of the participant, other participants, or employees, as documented in the participant’s record.
DHS 105.14(5)(c)2.f.f. As otherwise permitted by law.
DHS 105.14(5)(c)3.3. At least 30 days before involuntary discharge, the ADCC shall provide written notice of involuntary discharge to the participant or legal representative. If the continued presence of the participant endangers the health, safety or welfare of the participant or any other participant, the 30-day notice requirements of this subdivision do not apply.
DHS 105.14(6)(6)Participant rights.
DHS 105.14(6)(a)(a) Prohibitions. Any form of coercion to discourage or prevent a participant or the participant’s legal representative from exercising any of the rights under this subsection is prohibited. Any form of retaliation against a participant or the participant’s legal representative for exercising any of the rights in this subsection, or against a caregiver or any other person who assists a participant or the participant’s legal representative in the exercise of any of the participant rights in this subsection, is prohibited.
DHS 105.14(6)(b)(b) Participant rights. Each participant shall have all of the following:
DHS 105.14(6)(b)1.1. The right to be treated with respect and dignity.
DHS 105.14(6)(b)2.2. The right to be free from physical, sexual, mental abuse and neglect, and from misappropriation of personal property.
DHS 105.14(6)(b)3.3. The right to participate in the development of one’s service plan, with support from a caregiver or legal representative, if needed.
DHS 105.14(6)(b)4.4. The right to refuse to participate in an activity.
DHS 105.14(6)(b)5.5. The right to privacy and confidentiality.
DHS 105.14(6)(b)6.6. The right to be fully informed of all the services provided and the charge for each of those services.
DHS 105.14(6)(b)7.7. The right to be informed of the reason for discharge and the procedure for appealing that decision.
DHS 105.14(6)(b)8.8. The right to initiate a grievance and be informed of the grievance procedure.
DHS 105.14(6)(b)9.9. The right to be free from physical restraints, except upon prior review and approval by the department with written authorization from the participant’s primary physician, physician assistant, or advanced practice nurse prescriber, as defined in s. N 8.02 (2). The department may place conditions on the use of a restraint to protect the health, safety, welfare, well-being and rights of the participant.
DHS 105.14(6)(b)10.10. The right to be free from seclusion.
DHS 105.14(6)(b)11.11. The right to be free from all chemical restraints.
DHS 105.14(6)(b)12.12. The right to not be recorded, filmed or photographed without prior written informed consent by the participant or participant’s legal representative. The ADCC may take a photograph for identification purposes. The department may photograph, record or film a participant pursuant to an inspection or investigation under s. 49.45 (2) (a) 11., Stats., without their written informed consent.
DHS 105.14(7)(7)Participant care and services.
DHS 105.14(7)(a)(a) Assessment of participant’s needs.
DHS 105.14(7)(a)1.1. Assessments shall be conducted by staff members having the expertise, experience, or training pertinent to the participant population served by the program. The assessment identifying the participant’s needs shall be completed prior to enrollment. For emergency enrollments, the program will complete an assessment within 5 days.
DHS 105.14(7)(a)2.2. A comprehensive written assessment of the participant’s needs, at a minimum, shall include the areas of physical health to include physical disabilities and mobility status, mental and emotional health, nursing care, medications to include allergies, nutritional needs including risks for choking, emergency evacuation capabilities, preferences and interests and any other information helpful to developing the service plan.
DHS 105.14(7)(b)(b) Individual service plan.
DHS 105.14(7)(b)1.1. Within 30 days of enrollment and based on the assessment completed under par. (a), the ADCC shall develop and implement a service plan to identify the services and activities the program will provide in order to meet the individual needs and personal interests of the participant. The service plan shall be developed by staff members with experience, or training pertinent to the participant population served by the program.
DHS 105.14(7)(b)2.2. The service plan will be reviewed and revised every 6 months or when necessary due to changes in the participant’s functioning, health condition, or preferences. Changes shall be documented in the participant’s record.
DHS 105.14(7)(b)3.3. All caregivers who provide participant care and supervision shall have continual access to the participant’s service plan.
DHS 105.14(7)(c)(c) Caregiver staffing requirements.
DHS 105.14(7)(c)1.1. In this paragraph, “severely impaired” means any impairment leading to a participant’s inability at the program to perform any 3 or more ADLs. A severely impaired participant demonstrates an inability to perform these ADLs at the ADCC unless assistance, supervision or prompting is provided.