DHS 89.27(2)(c) (c) Policies and procedures.

DHS 89.27(2)(c)1. 1. ‘Additional services.’

DHS 89.27(2)(c)1.a. a. Types of additional services which the facility would make available or which the facility would assist in arranging for a tenant during acute episodes, following release from the hospital or during other periods when the tenant may experience temporary needs.

DHS 89.27(2)(c)1.b. b. Policies and procedures regarding services which the tenant arranges to receive from providers other than the residential care apartment complex.

DHS 89.27(2)(c)2. 2. ‘Termination or transfer.’ Grounds for termination of the contract between the tenant and the facility or relocation of the tenant to another residence and the procedure for tenant participation in decisions regarding termination and relocation. Conditions for termination contained in the service agreement shall not be contrary to the requirements relating to contract termination contained in s. DHS 89.29 (3).

DHS 89.27(2)(c)3. 3. ‘Tenant’s rights.’ The residential care apartment complex’s policies relating to tenant rights, including at a minimum, the rights identified in subch. III.

DHS 89.27(2)(c)4. 4. ‘Dispute resolution.’ The facility’s internal grievance procedure for resolving tenant complaints.

DHS 89.27(3) (3) Other specifications.

DHS 89.27(3)(a) (a) Only services selected and agreed to by the tenant may be included in the service agreement.

DHS 89.27(3)(b) (b) A service agreement may not waive any of the provisions of this chapter or other rights of the tenant.

DHS 89.27(3)(c) (c) The service agreement shall be presented in language and a format that make it possible for tenants to readily identify the type, amount, frequency and cost of services they receive, the qualifications of the staff providing those services and whether the services are provided directly by the facility or by subcontract.

DHS 89.27(3)(d) (d) The initial service agreement and any renewals of the service agreement shall be dated and signed by a representative of the facility; by the tenant or by the tenant’s guardian, if any, and all other persons with legal authority to make health care or financial decisions for the tenant; and by the county for a tenant whose services are funded under s. 46.277, Stats. The facility shall provide a copy of the service agreement to all parties who signed the agreement.

DHS 89.27 Note Note: Persons with legal authority to make health care or financial decisions for the tenant include agents designated under an activated power of attorney for health care under ch. 155, Stats., and durable power of attorney under ch. 244, Stats.

DHS 89.27(3)(e) (e) The service agreement shall be completed by the date of admission.

DHS 89.27(4) (4) Review and update. The service agreement shall be reviewed when there is a change in the comprehensive assessment or at the request of the facility or at the request or on behalf of the tenant and shall be updated as mutually agreed to by all parties to the agreement.

DHS 89.27 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98; CR 23-046: am. (3) (d) Register April 2024 No. 820, eff. 5-1-24.

DHS 89.28 DHS 89.28 Risk agreement.

DHS 89.28(1) (1) Requirement. As a protection for both the individual tenant and the residential care apartment complex, a residential care apartment complex shall enter into a signed, jointly negotiated risk agreement with each tenant by the date of occupancy.

DHS 89.28(2) (2) Content. A risk agreement shall identify and state all of the following:

DHS 89.28(2)(a) (a) Risk to tenants.

DHS 89.28(2)(a)1. 1. Any situation or condition which is or should be known to the facility which involves a course of action taken or desired to be taken by the tenant contrary to the practice or advice of the facility and which could put the tenant at risk of harm or injury.

DHS 89.28(2)(a)2. 2. The tenant’s preference concerning how the situation is to be handled and the possible consequences of acting on that preference.

DHS 89.28(2)(a)3. 3. What the facility will and will not do to meet the tenant’s needs and comply with the tenant’s preference relative to the identified course of action.

DHS 89.28(2)(a)4. 4. Alternatives offered to reduce the risk or mitigate the consequences relating to the situation or condition.

DHS 89.28(2)(a)5. 5. The agreed-upon course of action, including responsibilities of both the tenant and the facility.

DHS 89.28(2)(a)6. 6. The tenant’s understanding and acceptance of responsibility for the outcome from the agreed-upon course of action.

DHS 89.28(2)(b) (b) Unmet needs. Any needs identified in the comprehensive assessment which will not be provided for by the facility, either directly or under contract.

DHS 89.28(2)(c) (c) Notice regarding enforcement in registered facilities. For registered facilities only, notice that the department does not routinely inspect registered facilities or verify their compliance with this chapter and does not enforce contractual obligations under the service or risk agreements.

DHS 89.28(3) (3) No waiver of rules or rights. A risk agreement may not waive any provision of this chapter or any other right of the tenant.