DHS 83.32(3)(g)(g) Freedom from physical restraints. Be free from physical restraints except upon prior review and approval by the department upon written authorization from the resident’s primary physician or advanced practice nurse prescriber as defined in s. N 8.02 (2). The department may place conditions on the use of a restraint to protect the health, safety, welfare and rights of the resident.

DHS 83.32(3)(h)(h) Receive medication. Receive all prescribed medications in the dosage and at intervals prescribed by a practitioner. The resident has the right to refuse medication unless the medication is court ordered.

DHS 83.32(3)(i)(i) Prompt and adequate treatment. Receive prompt and adequate treatment that is appropriate to the resident’s needs.

DHS 83.32(3)(j)(j) Treatment options. Participate in the planning of care and treatment, be fully informed of care and treatment options and have the right to refuse any form of care or treatment unless the care or treatment has been ordered by a court.

DHS 83.32(3)(k)(k) Self-determination. Make decisions relating to care, activities, daily routines and other aspects of life which enhance the resident’s self reliance and support the resident’s autonomy and decision making.

DHS 83.32(3)(L)(L) Least restrictive environment. Have the least restrictive conditions necessary to achieve the purposes of the resident’s admission. The CBRF may not impose a curfew, rule or other restriction on a resident’s freedom of choice.

DHS 83.32(3)(m)(m) Recording, filming, photographing. Not be recorded, filmed or photographed without informed, written consent by the resident or resident’s legal representative. The CBRF may take a photograph for identification purposes. The department may photograph, record or film a resident pursuant to an inspection or investigation under s. 50.03 (2), Stats., without his or her written informed consent.

DHS 83.32(3)(n)(n) Safe environment. Live in a safe environment. The CBRF shall safeguard residents from environmental hazards to which it is likely the residents will be exposed, including both conditions that are hazardous to anyone and conditions that are hazardous to the resident because of the residents’ conditions or disabilities.

DHS 83.32 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction in (1) (a) made under 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 83.33(1)(1) A CBRF shall have a written grievance procedure and shall provide a copy to each resident and the resident’s legal representative before or at the time of admission. The grievance procedure shall specify all of the following:

DHS 83.33(1)(a)(a) A resident or any individual on behalf of the resident may file a grievance with the CBRF, the department, the resident’s case manager, if any, the board on aging and long term care, Disability Rights Wisconsin, Inc., or any other organization providing advocacy assistance. The resident and the resident’s legal representative shall have the right to advocate throughout the grievance procedure. The written grievance procedure shall include the name, address and phone number of organizations providing advocacy for the client groups served, and the name, address and phone number of the department’s regional office that licenses the CBRF.

DHS 83.33(1)(b)(b) Any person investigating the facts associated with a grievance shall not have had any involvement in the issue leading to the grievance.

DHS 83.33(1)(c)(c) Any form of coercion to discourage or prevent any individual from filing a grievance or in retaliation for having filed a grievance is prohibited.

DHS 83.33(1)(d)(d) The CBRF shall provide a written summary of the grievance, the findings and the conclusions and any action taken to the resident or the resident’s legal representative and the resident’s case manager. The CBRF shall maintain a copy of the investigation.

DHS 83.33(2)(2) The CBRF shall follow the grievance procedures under s. DHS 94.40 for any resident placed or funded by a county department of social services under s. 46.21 or 46.22, Stats., a county department of human services under s. 46.23, Stats., a county department of community programs, under s. 51.42, Stats., a county department of developmental disabilities services under s. 51.437, Stats., or for any resident who is receiving protective services or protective placement under ch. 55, Stats.

DHS 83.33(4)(4) The CBRF shall post in a conspicuous location in the CBRF a poster provided by the board on aging and long term care ombudsman program, concerning the long-term care ombudsman program under s. 16.009 (2) (b), Stats. The poster shall include the name, address and telephone number of the ombudsman’s office. This requirement does not apply to those facilities exclusively licensed to serve clients under the jurisdiction of a government correctional agency.

DHS 83.33 HistoryHistory: CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 83.34(1)(1) Authorization. Except for a resident in the custody of a government correctional agency, the CBRF may not obtain, hold, or spend a resident’s funds without written authorization from the resident or the resident’s legal representative. The resident or the resident’s legal representative may limit or revoke authorization at any time by writing a statement that shall specify the effective date of the limitation or revocation.

DHS 83.34(2)(a)(a) Upon written authorization, a CBRF may hold no more than $200 cash for use by the resident. The CBRF may not commingle residents’ funds with the funds or property of the CBRF, the licensee, employees, or relatives of the licensee or employees.

DHS 83.34(2)(b)(b) The CBRF shall have a legible, accurate accounting method for tracking residents’ cash and shall include a record of any deposits, disbursements and earnings made to or on behalf of the resident. The CBRF shall provide a receipt to the resident or the resident’s legal representative for all expenditures in excess of $20.

DHS 83.34(2)(c)(c) The CBRF shall provide a written report of the resident’s account to the resident or the resident’s legal representative at least every 6 months. Upon written request from the resident or resident’s legal representative, the CBRF shall provide a written monthly account of any financial transactions.

DHS 83.34(3)(3) Funds in excess of $200. A CBRF receiving more than $200 of personal funds from a resident shall deposit funds in excess of $200 in an interest-bearing account in the resident’s name in a savings institution insured by an agency of, or a corporation chartered by, this state or the United States.

DHS 83.34(4)(4) Final accounting. Within 14 days after a resident is discharged, the CBRF shall provide to the resident or the resident’s legal representative a written final accounting of all the resident’s funds held by the CBRF and shall disburse any remaining money to the resident or to the resident’s legal representative.