DHS 89.22 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673.

DHS 89.23 DHS 89.23 Services.

DHS 89.23(1) (1) General requirement. A residential care apartment complex shall provide or contract for services that are sufficient and qualified to meet the care needs identified in the tenant service agreements, to meet unscheduled care needs of its tenants and to make emergency assistance available 24 hours a day.

DHS 89.23(2) (2) Sufficient services.

DHS 89.23(2)(a) (a) Minimum required services.

DHS 89.23(2)(a)1. 1. In this paragraph, “capacity to provide” means that the facility is able to provide the minimum required services to any tenant who needs or develops a need for those services.

DHS 89.23 Note Note: A residential care apartment complex should be able to respond to changes in its tenants’ need for the minimum required services by revising the service agreements and, if necessary, by either adjusting its staffing plan or contracting for services from other providers.

DHS 89.23(2)(a)2. 2. A residential care apartment complex shall have the capacity to provide all of the following services to all tenants, either directly or under contract:

DHS 89.23(2)(a)2.a. a. Supportive services: meals, housekeeping in tenants’ apartments, laundry service and arranging access to medical services. In this subparagraph, “access” means arranging for medical services and transportation to medical services.

DHS 89.23(2)(a)2.b. b. Personal services: daily assistance with all activities of daily living which include dressing, eating, bathing, grooming, toileting, transferring and ambulation or mobility.

DHS 89.23(2)(a)2.c. c. Nursing services: health monitoring, medication administration and medication management.

DHS 89.23(2)(a)3. 3. A residential care apartment complex shall ensure that sufficient services are available to meet care needs identified in each tenant’s service agreement.

DHS 89.23(2)(a)4. 4. Services above the minimum required levels may be made available at the option of the facility.

DHS 89.23(2)(a)5. 5. A facility is not required to provide or be staffed to provide services which are not needed, are not included in the service agreements or are above the minimum required levels.

DHS 89.23(2)(b) (b) Staff to meet tenant needs.

DHS 89.23(2)(b)1. 1. The number, assignment and responsibilities of staff shall be adequate to provide all services identified in the tenants’ service agreements.

DHS 89.23(2)(b)2. 2. Staff assignments shall include sufficient time necessary to permit staff to assist tenants with unscheduled care needs.

DHS 89.23(2)(c) (c) Emergency assistance. A residential care apartment complex shall ensure that tenant health and safety are protected in the event of an emergency and shall have the capacity to provide emergency assistance 24 hours a day. A residential care apartment complex shall have a written emergency plan which describes staff responsibilities and procedures to be followed in the event of fire, sudden serious illness, accident, severe weather or other emergency and is developed in cooperation with local fire and emergency services.

DHS 89.23(3) (3) Service quality.

DHS 89.23(3)(a) (a) Residential care apartment complex services shall be provided by qualified staff, consistent with the requirements under sub. (4).

DHS 89.23(3)(b) (b) Services shall be provided in the type, amount and frequency identified in the service agreements.

DHS 89.23(3)(c) (c) Services to meet both scheduled and unscheduled care needs shall be provided in a timely manner.

DHS 89.23(3)(d) (d) Services shall be appropriate to the needs, abilities and preferences of tenants as identified in the comprehensive assessment, service agreement and risk agreement.

DHS 89.23(3)(e) (e) Services shall be provided in a manner which respects tenant privacy, enhances tenant self-reliance and supports tenant autonomy in decision-making, including the right to accept risk.

DHS 89.23(3)(f) (f) Meals and snacks served to tenants shall be prepared, stored and served in a safe and sanitary manner.

DHS 89.23(4) (4) Provider qualifications.

DHS 89.23(4)(a) (a) Service providers.

DHS 89.23(4)(a)1. 1. Residential care apartment complex services shall be provided by staff who are trained in the services that they provide and are capable of doing their assigned work. Any service provider employed by or under contract to a residential care apartment complex shall meet applicable federal or state standards for that service or profession.

DHS 89.23(4)(a)2. 2. Nursing services and supervision of delegated nursing services shall be provided consistent with the standards contained in the Wisconsin nurse practice act. Medication administration and medication management shall be performed by or, as a delegated task, under the supervision of a nurse or pharmacist.