DHS 83.29(4) (4) Conflict with this chapter. No statement of the admission agreement may be in conflict with any part of this chapter, unless the department has granted a waiver or variance of a provision of this chapter.

DHS 83.29 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.30 DHS 83.30 Family care information and referral. If the secretary of the department has certified that a resource center, as defined under s. DHS 10.13 (42), is available for the facility under s. DHS 10.71, the CBRF shall provide information to prospective residents and refer residents and prospective residents to an aging and disability resource center as required under s. 50.035 (4m) and (4n), Stats., and s. DHS 10.73.

DHS 83.30 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; corrections made under 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; CR 23-046: am. Register April 2024 No. 820, eff. 5-1-24.

DHS 83.31 DHS 83.31 Discharge or transfer.

DHS 83.31(1) (1) Applicability. This section applies to all resident discharges except for persons in respite care.

DHS 83.31(2) (2) Emergency or temporary transfers. If a condition or action of a resident requires the emergency transfer of the resident to a hospital, nursing home or other facility for treatment not available from the CBRF, the CBRF may not involuntarily discharge the resident unless the requirements under sub. (4) are met.

DHS 83.31(3) (3) Discharge or transfer initiated by resident.

DHS 83.31(3)(a) (a) Any competent resident may initiate transfer or discharge at any time in accordance with the terms of the admission agreement if the resident is not in the custody of a government correctional agency, committed under s. 51.20, Stats., or under a court-ordered protective placement under s. 55.12, Stats.

DHS 83.31(3)(b) (b) If a resident found incompetent under ch. 54, Stats., protests the resident’s admission or continued stay, the licensee or designee shall immediately notify the legal representative and the county protective services agency to obtain a determination about whether to discharge the resident under s. 55.055 (3), Stats.

DHS 83.31(4) (4) Discharge or transfer initiated by CBRF.

DHS 83.31(4)(a) (a) Notice and discharge requirements.

DHS 83.31(4)(a)1. 1. Before a CBRF involuntarily discharges a resident, the licensee shall give the resident or legal representative a 30 day written advance notice. The notice shall explain to the resident or legal representative the need for and possible alternatives to the discharge. Termination of placement initiated by a government correctional agency does not constitute a discharge under this section.

DHS 83.31(4)(a)2. 2. The CBRF shall provide assistance in relocating the resident and shall ensure that a living arrangement suitable to meet the needs of the resident is available before discharging the resident.

DHS 83.31(4)(b) (b) Reasons for involuntary discharge. The CBRF may not involuntarily discharge a resident except for any of the following reasons:

DHS 83.31(4)(b)1. 1. Nonpayment of charges, following reasonable opportunity to pay.

DHS 83.31(4)(b)2. 2. Care is required that is beyond the CBRF’s license classification.

DHS 83.31(4)(b)3. 3. Care is required that is inconsistent with the CBRF’s program statement and beyond that which the CBRF is required to provide under the terms of the admission agreement and this chapter.

DHS 83.31(4)(b)4. 4. Medical care is required that the CBRF cannot provide.

DHS 83.31(4)(b)5. 5. There is imminent risk of serious harm to the health or safety of the resident, other residents or employees, as documented in the resident’s record.

DHS 83.31(4)(b)6. 6. As provided under s. 50.03 (5m), Stats.

DHS 83.31(4)(b)7. 7. As otherwise permitted by law.

DHS 83.31(4)(c) (c) Notice requirements. Every notice of involuntary discharge shall be in writing to the resident or resident’s legal representative and shall include all of the following:

DHS 83.31(4)(c)1. 1. A statement setting forth the reason and justification for discharge listed under par. (b).

DHS 83.31(4)(c)2. 2. A statement that the resident or the resident’s legal representative may ask the department to review the involuntary discharge by sending a written request within 10 days of receipt of the discharge statement to the department’s regional office with a copy to the CBRF. The notice shall state that the request must provide an explanation why the discharge should not take place.

DHS 83.31(4)(c)3. 3. The name, address and telephone number of the department’s regional office director.

DHS 83.31(4)(c)4. 4. The name, address and telephone number of the regional office of the board on aging and long term care’s ombudsman program. For residents with developmental disability or mental illness, the notice shall include the name, address and telephone number of the protection and advocacy agency designated under s. 51.62 (2) (a), Stats.

DHS 83.31(4)(d) (d) Department review of discharge.

DHS 83.31(4)(d)1. 1. A resident may request department review of an involuntary discharge within 10 days of receipt of such notice. If a timely request is sent to the department, the CBRF may not proceed with an involuntary discharge until the department has completed its review and notified the resident or the resident’s legal representative and the CBRF of the department’s decision.