DHS 83.29(1) (1) Services and charges.

DHS 83.29(1)(a) (a) Definition. In this section, “entrance fee” means a payment required for admission to the CBRF that is in addition to the fees for services and security deposit.

DHS 83.29(1)(b) (b) Written information regarding services and charges. Before or at the time of admission, the CBRF shall provide written information regarding services available and the charges for those services to each resident, including persons admitted for respite care, or the resident’s legal representative. This information shall include any charges for services not covered by the daily or monthly rate, any entrance fees, assessment fees and security deposit.

DHS 83.29(1)(c) (c) Written notice of any change in services or in charges. The CBRF shall give the resident or the resident’s legal representative a 30-day written notice of any change in services available or in charges for services that will be in effect for more than 30 days.

DHS 83.29(2) (2) admission agreement requirements. The admission agreement shall be given in writing and explained orally in the language of the prospective resident or legal representative. Admission is contingent on a person or that person’s legal representative signing and dating an admission agreement. The admission agreement shall include all of the following:

DHS 83.29(2)(a) (a) An accurate description of the basic services provided, the rate charged for those services and the method of payment.

DHS 83.29(2)(b) (b) Information about all additional services offered, but not included in the basic services. The CBRF shall provide a written statement of the fees charged for each of these services.

DHS 83.29(2)(c) (c) The method for notifying residents of a change in charges for services.

DHS 83.29(2)(d) (d) Terms for resident notification to the CBRF of voluntary discharge. This paragraph does not apply to a resident in the custody of a government correctional agency.

DHS 83.29(2)(e) (e) Terms for refunding charges for services paid in advance, entrance fees, or security deposits in the case of transfer, death or voluntary or involuntary discharge.

DHS 83.29(2)(f) (f) A statement that the amount of the security deposit may not exceed one month’s fees for services, if a security deposit is collected.

DHS 83.29(2)(g) (g) Terms for holding and charging for a resident’s room during a resident’s temporary absence. This paragraph does not apply to a resident in the custody of a government correctional agency.

DHS 83.29(2)(h) (h) Reasons and notice requirements for involuntary discharge or transfer, including transfers within the CBRF. This paragraph does not apply to a resident in the custody of a government correctional agency.

DHS 83.29(3) (3) Refunds.

DHS 83.29(3)(a) (a) The CBRF shall return all refunds due a resident under the terms of the admission agreement within 30 days after the date of discharge.

DHS 83.29(3)(b) (b) During the first 6 months following the date of initial admission, the CBRF shall refund the entire entrance fee when the resident is discharged or when the resident meets the terms for notification to the CBRF of voluntary discharge as contained in the CBRF’s admission agreement.

DHS 83.29(4) (4) Conflict with this chapter. No statement of the admission agreement may be in conflict with any part of this chapter, unless the department has granted a waiver or variance of a provision of this chapter.

DHS 83.29 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.

DHS 83.30 DHS 83.30 Family care information and referral. If the secretary of the department has certified that a resource center, as defined under s. DHS 10.13 (42), is available for the facility under s. DHS 10.71, the CBRF shall provide information to prospective residents and refer residents and prospective residents to an aging and disability resource center as required under s. 50.035 (4m) and (4n), Stats., and s. DHS 10.73.

DHS 83.30 History History: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; corrections made under 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; CR 23-046: am. Register April 2024 No. 820, eff. 5-1-24.

DHS 83.31 DHS 83.31 Discharge or transfer.

DHS 83.31(1) (1) Applicability. This section applies to all resident discharges except for persons in respite care.

DHS 83.31(2) (2) Emergency or temporary transfers. If a condition or action of a resident requires the emergency transfer of the resident to a hospital, nursing home or other facility for treatment not available from the CBRF, the CBRF may not involuntarily discharge the resident unless the requirements under sub. (4) are met.

DHS 83.31(3) (3) Discharge or transfer initiated by resident.

DHS 83.31(3)(a) (a) Any competent resident may initiate transfer or discharge at any time in accordance with the terms of the admission agreement if the resident is not in the custody of a government correctional agency, committed under s. 51.20, Stats., or under a court-ordered protective placement under s. 55.12, Stats.

DHS 83.31(3)(b) (b) If a resident found incompetent under ch. 54, Stats., protests the resident’s admission or continued stay, the licensee or designee shall immediately notify the legal representative and the county protective services agency to obtain a determination about whether to discharge the resident under s. 55.055 (3), Stats.

DHS 83.31(4) (4) Discharge or transfer initiated by CBRF.

DHS 83.31(4)(a) (a) Notice and discharge requirements.

DHS 83.31(4)(a)1. 1. Before a CBRF involuntarily discharges a resident, the licensee shall give the resident or legal representative a 30 day written advance notice. The notice shall explain to the resident or legal representative the need for and possible alternatives to the discharge. Termination of placement initiated by a government correctional agency does not constitute a discharge under this section.