DHS 132.53(6)(a) (a) Right to appeal.

DHS 132.53(6)(a)1. 1. A resident may appeal an involuntary transfer or discharge decision.

DHS 132.53(6)(a)2. 2. Every facility shall post in a prominent place a notice that a resident has a right to appeal a transfer or discharge decision. The notice shall explain how to appeal that decision and shall contain the address and telephone number of the nearest bureau of quality assurance regional office. The notice shall also contain the name, address and telephone number of the state board on aging and long-term care or, if the resident is developmentally disabled or has a mental illness, the mailing address and telephone number of the protection and advocacy agency designated under s. 51.62 (2) (a), Stats.

DHS 132.53(6)(a)3. 3. A copy of the notice of a resident’s right to appeal a transfer or discharge decision shall be placed in each resident’s admission folder.

DHS 132.53(6)(a)4. 4. Every notice of transfer or discharge under sub. (3) (a) to a resident, relative, guardian or other responsible party shall include a notice of the resident’s right to appeal that decision.

DHS 132.53(6)(b) (b) Appeal procedures.

DHS 132.53(6)(b)1. 1. If a resident wishes to appeal a transfer or discharge decision, the resident shall send a letter to the nearest regional office of the department’s bureau of quality assurance within 7 days after receiving a notice of transfer or discharge from the facility, with a copy to the facility administrator, asking for a review of the decision.

DHS 132.53(6)(b)2. 2. The resident’s written appeal shall indicate why the transfer or discharge should not take place.

DHS 132.53(6)(b)3. 3. Within 5 days after receiving a copy of the resident’s written appeal, the facility shall provide written justification to the department’s bureau of quality assurance for the transfer or discharge of the resident from the facility.

DHS 132.53(6)(b)4. 4. If the resident files a written appeal within 7 days after receiving notice of transfer or of discharge from the facility, the resident may not be transferred or discharged from the facility until the department’s bureau of quality assurance has completed its review of the decision and notified both the resident and the facility of its decision.

DHS 132.53(6)(b)5. 5. The department’s bureau of quality assurance shall complete its review of the facility’s decision and notify both the resident and the facility in writing of its decision within 14 days after receiving written justification for the transfer or discharge of the resident from the facility.

DHS 132.53(6)(b)6. 6. A resident or a facility may appeal the decision of the department’s bureau of quality assurance in writing to the department of administration’s division of hearings and appeals within 5 days after receipt of the decision.

DHS 132.53 Note Note: The mailing address of the Division of Hearings and Appeals is P.O. Box 7875, Madison, Wisconsin 53707.

DHS 132.53(6)(b)7. 7. The appeal procedures in this paragraph do not apply if the continued presence of the resident poses a danger to the health, safety or welfare of the resident or other residents.

DHS 132.53 Note Note: The bureau of quality assurance was renamed the division of quality assurance.

DHS 132.53 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; cr. (2) (b) 8. and 9., am. (2) (c), (3) (b) 2. and (c), Register, January, 1987, No. 373, eff. 2-1-87; renum. (2) (c) to be (2) (c) 1. and am., cr. (2) (c) 2., Register, February, 1989, No. 398, eff. 3-1-89; am. (2) (c) 2. b., Register, October, 1989, No. 406, eff. 11-1-89; r. and recr. (1) to (3), cr. (4) (d) and (6), Register, June, 1991, No. 426, eff. 7-1-91; CR 06-053: am. (2) (b) 1., r. (4) (c), Register August 2007 No. 620, eff. 9-1-07.

DHS 132.54 DHS 132.54 Transfer within the facility. Prior to any transfer of a resident between rooms or beds within a facility, the resident or guardian, if any, and any other person designated by the resident shall be given reasonable notice and an explanation of the reasons for transfer. Transfer of a resident between rooms or beds within a facility may be made only for medical reasons or for the resident’s welfare or the welfare of other residents or as permitted under s. DHS 132.31 (1) (p) 1.

DHS 132.54 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. Register, January, 1987, No. 373, eff. 2-1-87.

subch. VI of ch. DHS 132 Subchapter VI — Services

DHS 132.60 DHS 132.60 Resident care.

DHS 132.60(1) (1) Individual care. Unless it is in conflict with the plan of care, each resident shall receive care based upon individual needs.

DHS 132.60(1)(a) (a) Hygiene.

DHS 132.60(1)(a)1. 1. Each resident shall be kept comfortably clean and well-groomed.

DHS 132.60(1)(b) (b) Decubiti prevention. Nursing personnel shall employ appropriate nursing management techniques to promote the maintenance of skin integrity and to prevent development of decubiti (bedsores). These techniques may include periodic position change, massage therapy and regular monitoring of skin integrity.

DHS 132.60(1)(c) (c) Basic nursing care.

DHS 132.60(1)(c)2. 2. Nursing personnel shall provide care designed to maintain current functioning and to improve the resident’s ability to carry out activities of daily living, including assistance with maintaining good body alignment and proper positioning to prevent deformities.

DHS 132.60(1)(c)3. 3. Each resident shall be encouraged to be up and out of bed as much as possible, unless otherwise ordered by a physician.

DHS 132.60(1)(c)4. 4. Any significant changes in the condition of any resident shall be reported to the nurse in charge or on call, who shall take appropriate action including the notice provided for in sub. (3).

DHS 132.60(1)(c)5. 5. The nursing home shall provide appropriate assessment and treatment of pain for each resident suspected of or experiencing pain based on accepted standards of practice that includes all of the following: