DHS 89.29 HistoryHistory: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98; corrections in (1) (a), (2) (b) 2. and (3) (a) 4. made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (2) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667; CR 23-046: am. (1m) Register April 2024 No. 820, eff. 5-1-24.

DHS 89.295(1)(1) In this section, “variance” means permission to meet a requirement of this subchapter by an alternative means.

DHS 89.295(2)(2) The purpose of a variance granted under this section is to demonstrate efficient ways of delivering and assuring the quality of supportive, personal and nursing services in conjunction with delivery of the family care benefit as defined in s. 46.2805 (4), Stats.

DHS 89.295(3)(3) The department may grant a variance to a requirement of this subchapter when it is demonstrated to the satisfaction of the department that granting the variance is consistent with the purpose of the demonstration and will not jeopardize the health, safety, welfare or rights of any resident in the residential care apartment complex. The department may place a time limit and conditions on the variance.

DHS 89.295(4)(4) A request for variance shall be submitted to the department in writing and shall include all of the following:

DHS 89.295(4)(c)(c) A description of the alternative means by which the facility will meet the intent of the requirements to be varied.

DHS 89.295(4)(e)(e) An agreement to provide information to and to cooperate with the department in monitoring and evaluating the quality and cost effectiveness of the demonstration.

DHS 89.295(4)(f)(f) A letter of support for the variance from the care management organization as defined in s. 46.2805 (1), Stats., serving the area where the facility is located.

DHS 89.295(4)(g)(g) Documentation that the facility has a contract with a care management organization, as defined in s. 46.2805 (1), Stats., for services to its enrollees.

DHS 89.31DHS 89.31 Applicability. The provisions of this subchapter apply to all registered and certified residential care apartment complexes.

DHS 89.32DHS 89.32 Facility policies and procedures. A residential care apartment complex shall establish written policies regarding tenant rights. Facility policies shall be consistent with and include all of the rights contained in this subchapter.

DHS 89.33DHS 89.33 Explanation of tenant rights. A residential care apartment complex shall explain and provide copies of the tenant rights under this subchapter and of any related facility policies and procedures to the tenant and to his or her designated representative before the service agreement or any other written agreement between the tenant and the facility is signed. A copy of the rights and related policies shall be posted in a public place in the facility where they will be visible to tenants, visitors and staff.

DHS 89.34DHS 89.34 Rights of tenants. A tenant of a residential care apartment complex shall have all the rights listed in this section. These rights in no way limit or restrict any other rights of the individual under the U.S. Constitution, civil rights legislation or any other applicable statute, rule or regulation. Tenant rights are all of the following:

DHS 89.34(1)(1) Courtesy and respect. To be treated with courtesy, respect and full recognition of the tenant’s dignity and individuality by all employees of the facility and all employees of service providers under contract to the facility.

DHS 89.34(2)(2) Privacy. To have privacy in his or her independent apartment and when receiving supportive, personal or nursing services.

DHS 89.34(3)(3) Self-direction. To make reasonable decisions relating to activities, daily routines, use of personal space, how to spend one’s time and other aspects of life in the residential care apartment complex.

DHS 89.34(4)(4) Management of financial affairs. To manage his or her own financial affairs unless the tenant delegates, in writing, responsibility for financial management to someone of the tenant’s choosing or the tenant is adjudicated incompetent, in which case the guardian shall be responsible.

DHS 89.34(5)(5) Service choice. To choose which services are included in the service agreement, including the right to refuse services provided that the refusal would not endanger the health or safety of the other tenants.

DHS 89.34(6)(6) Choice of health care providers. To the facility’s noninterference with the tenant’s choice of his or her physician and providers of other medical, mental health and pharmaceutical services. A tenant shall not be required to use medical, mental health or pharmaceutical providers who are employed by or affiliated with the facility or to whom the tenant is referred by facility staff. A tenant’s choice of providers of supportive, personal and nursing services from providers other than the residential care apartment complex is subject to the requirements of s. DHS 89.24 (2) (b).

DHS 89.34(7)(7) Furnishings and possessions. To furnish his or her independent apartment and to maintain personal possessions as space permits as long as the tenant does not unreasonably interfere with the other tenants’ choices or endanger the health or safety of the other tenants.