DHS 83.31(6)(b)(b) The CBRF shall return all resident funds held by the CBRF to the resident or the resident’s legal representative within 14 days after discharge as required under s. DHS 83.34 (4).
DHS 83.31(7)(7)Information provided at the time of transfer or discharge. At the time of a resident’s transfer or discharge, the CBRF shall inform the resident or the resident’s legal representative and the resident’s new place of residence that all of the following information is available in writing upon request:
DHS 83.31(7)(a)(a) Facility information. The name and address of the CBRF, the dates of admission, and discharge or transfer, and the name and address of a person to contact for additional information.
DHS 83.31(7)(b)(b) Medical providers. Names and addresses of the resident’s physician, dentist and other medical care providers.
DHS 83.31(7)(c)(c) Emergency contacts. Names and addresses of the resident’s relatives or legal representative to contact in case of emergency.
DHS 83.31(7)(d)(d) Other contacts. Names and addresses of the resident’s significant social or community contacts.
DHS 83.31(7)(e)(e) Assessment and individual service plan. The resident’s assessment and individual service plan, or a summary of each.
DHS 83.31(7)(f)(f) Medical needs. The resident’s current medications and dietary, nursing, physical and mental health needs, if not included in the assessment or individual service plan.
DHS 83.31(7)(g)(g) Reason for discharge or transfer. The reason for the resident’s discharge or transfer.
DHS 83.31 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.
subch. VI of ch. DHS 83Subchapter VI — Resident Rights and Protections
DHS 83.32DHS 83.32Rights of residents.
DHS 83.32(1)(1)Legal rights.
DHS 83.32(1)(a)(a) Section 50.09, Stats., establishes specific rights for CBRF residents and prescribes mechanisms to resolve resident complaints and to hold the CBRF licensee accountable for violating resident rights. Other statutes, such as s. 51.61 and chs. 54, 55, 155 and 304, Stats., and ch. DHS 94 may further clarify or condition a particular resident’s right, depending on the legal status of the resident or a service received by the resident. The licensee shall comply with all applicable statutes and rules.
DHS 83.32(1)(b)(b) The licensee shall protect the civil rights of residents as these rights are defined in the U.S. Constitution, the Wisconsin Constitution, the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 504 of the Rehabilitation Act of 1973, the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act of 1990, and all other applicable federal and state statutes.
DHS 83.32(2)(2)Explanation of resident rights, grievance procedure and house rules.
DHS 83.32(2)(a)(a) Before the admission agreement is signed by the resident or the resident’s legal representative or at the time of admission, the CBRF shall provide a copy of and explain resident rights, the grievance procedure under s. DHS 83.33 and the house rules to the person being admitted, the person’s legal representative, and family members of the person. The resident or the resident’s legal representative shall be asked to sign a statement to acknowledge the receipt of an explanation of resident rights. The CBRF shall document the date and to whom the information was provided.
DHS 83.32(2)(b)(b) The CBRF shall post copies of resident rights, grievance procedure and house rules in a prominent public place available to residents, employees and guests.
DHS 83.32(3)(3)Rights of residents. Any form of coercion to discourage or prevent a resident or the resident’s legal representative from exercising any of the rights under this subchapter is prohibited. Any form of retaliation against a resident or the resident’s legal representative for exercising any of the rights in this subchapter, or against an employee or any other person who assists a resident or the resident’s legal representative in the exercise of any of the resident rights in this subchapter, is prohibited. The rights established under this subsection do not apply to a resident in the legal custody of a government correctional agency, except as determined by a government correctional agency. In addition to the rights under s. 50.09, Stats., each resident shall have all of the following rights:
DHS 83.32(3)(a)(a) Communications. Make and receive telephone calls within reasonable limits and in privacy. The CBRF shall provide at least one non-pay telephone for resident use. The CBRF may require residents who make long distance calls to do so at the resident’s own expense.
DHS 83.32(3)(b)(b) Confidentiality. Confidentiality of health and personal information and records, and the right to approve or refuse release of that information to any individual outside the CBRF, except when the resident is transferred to another facility or as required by law or third-party payment contracts and except as provided in s. 146.82 (2) and (3), Stats. The CBRF shall make the record available to the resident or the resident’s legal representative for review. Copies of the record shall be made available within 30 days, if requested in writing, at a cost no greater than the cost of reproduction.
DHS 83.32(3)(c)(c) Free from labor. Not be required by the CBRF to perform labor that is of any financial benefit to the CBRF. The CBRF may require personal housekeeping of the resident without compensation if it is for therapeutic purposes and is part of, and clearly identified in the resident’s individual service plan.
DHS 83.32(3)(d)(d) Freedom from mistreatment. Be free from physical, sexual and mental abuse and neglect, and from financial exploitation and misappropriation of property.
DHS 83.32(3)(e)(e) Freedom from seclusion. Be free from seclusion.
DHS 83.32(3)(f)(f) Freedom from chemical restraints. Be free from all chemical restraints.
DHS 83.32(3)(g)(g) Freedom from physical restraints. Be free from physical restraints except upon prior review and approval by the department upon written authorization from the resident’s primary physician 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 and rights of the resident.
DHS 83.32(3)(h)(h) Receive medication. Receive all prescribed medications in the dosage and at intervals prescribed by a practitioner. The resident has the right to refuse medication unless the medication is court ordered.
DHS 83.32(3)(i)(i) Prompt and adequate treatment. Receive prompt and adequate treatment that is appropriate to the resident’s needs.
DHS 83.32(3)(j)(j) Treatment options. Participate in the planning of care and treatment, be fully informed of care and treatment options and have the right to refuse any form of care or treatment unless the care or treatment has been ordered by a court.