DHS 88.03(8)(c) (c) A licensing agency may require a licensee to request fire, health, sanitation or safety officials to inspect the home and premises to assist in evaluating the safety of the home. Any inspection shall be at the licensee’s expense.

DHS 88.03 History History: Cr. Register, January, 1996, No. 482, eff. 2-1-96; am. (2) (a), (b) 1., (c), (3) (d), (7) (a), r. and recr. (4), Register, August, 2000, No. 536, eff. 9-1-00; CR 07-042: cr. (4) (c) Register October 2007 No. 622, eff. 11-1-07; corrections in (2) (d) and (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 88.04 DHS 88.04 Licensee and service provider.

DHS 88.04(1) (1) Qualifications.

DHS 88.04(1)(a) (a) A licensee shall be at least 21 years of age and shall be physically, emotionally and mentally capable of providing care for residents of the adult family home.

DHS 88.04(1)(b) (b) A service provider shall be at least 18 years of age.

DHS 88.04(1)(c) (c) The licensee and service provider shall be persons who are responsible, mature and of reputable character and who exercise and display the capacity to successfully provide care for 3 or 4 unrelated adult residents as identified in the home’s program statement.

DHS 88.04(2) (2) Responsibilities.

DHS 88.04(2)(a) (a) The licensee shall ensure that the home and its operation comply with this chapter and with all other laws governing the home and its operation.

DHS 88.04(2)(b) (b) The licensee shall ensure that he or she or a service provider is present and awake at all times if any resident is in need of continuous care.

DHS 88.04(2)(c) (c) The licensee shall report in writing to the licensing agency any change in the type of individual served at least 30 days before the change. A 30 day written notice of any change in type of individual served shall also be provided to each resident and each resident’s guardian, designated representative, service coordinator, placing agency and third party payee.

DHS 88.04(2)(d) (d) The licensee shall ensure that at least one copy of ch. DHS 88 is in the home at all times and is available for review by any resident, any resident’s guardian or designated representative or any service provider.

DHS 88.04(2)(e) (e)

DHS 88.04(2)(e)1. 1. The licensee shall refer a resident to the county protective services agency designated under s. 55.02, Stats., if the licensee believes the resident is incompetent as defined in s. 54.10 (3), Stats., for an evaluation to determine if a competency proceeding under ch. 54, Stats., is needed.

DHS 88.04(2)(e)2. 2. If a guardian of a person who has been found incompetent under ch. 54, Stats., places a person in the home and the resident objects to the placement, the licensee shall notify the agency designated under ch. 55, Stats., for the county in which the person is living.

DHS 88.04(2)(f) (f) The licensee may not permit the existence or continuation of a condition in the home which places the health, safety or welfare of a resident at substantial risk of harm.

DHS 88.04(2)(g) (g)

DHS 88.04(2)(g)1. 1. The licensee shall obtain documentation from a physician, a registered nurse or a physician’s assistant indicating that the licensee and any service provider has been screened for illness detrimental to residents, including for tuberculosis. The documentation is to be completed within 90 days before the start of providing service. The documentation shall be kept confidential except that the licensing agency shall have access to the documentation for verification.

DHS 88.04(2)(g)2. 2. The licensee shall ensure that no one who has a communicable disease reportable under ch. DHS 145 may work in a position in the adult family home where the disease would present a significant risk to the health or safety of residents.

DHS 88.04 Note Note: For information on diseases reportable under ch. DHS 145, contact your city or county health department.

DHS 88.04(2)(h) (h) The licensee and all service providers involved in the operation of the adult family home shall comply with the universal precautions contained in the U.S. Occupational Safety and Health Administration Standard 29 CFR 1910.1030 for the control of blood-borne pathogens.

DHS 88.04 Note Note: Information about universal precautions may be obtained from a county or city health department or from the Department’s Bureau of Occupational Health, telephone [phone].

DHS 88.04(2)(i) (i) Neither the licensee nor a service provider may sell real or personal property to a resident or prospective resident, or purchase, borrow or accept money for real or personal property from a resident or prospective resident. Gifts offered by a resident on a festive occasion are allowable if permitted by the resident’s finances.

DHS 88.04(3) (3) Financial security. A licensee or license applicant, on request of the licensing agency, shall produce evidence of financial stability to permit operation of the home for at least 60 days.

DHS 88.04 Note Note: Program contracts or agency agreements would meet the intent of this requirement.

DHS 88.04(4) (4) Insurance.

DHS 88.04(4)(a) (a) Vehicle. An applicant for a license who plans to transport residents in his or her vehicle shall provide the licensing agency with a certificate of insurance documenting liability coverage. If a service provider transports residents under direction of the licensee, the service provider shall have vehicle insurance and a valid driver’s license and, if requested by the licensing agency, shall provide evidence to the licensing agency at 12 month intervals, on a form provided by the licensing agency that the vehicle is in safe operating condition.

DHS 88.04 Note Note: Form DCS-52, Safety Inspection for Day Care Vehicles, may be obtained from any regional office of the Department’s Division of Disability and Elder Services. See Appendix A.

DHS 88.04(4)(b) (b) Home. A license applicant shall provide the licensing agency with documentation of home owners or renters insurance coverage. The licensee shall maintain coverage in force for the entire term of the license.