DHS 89.29(3)(a)(a) Reasons. A residential care apartment complex may terminate its contract with a tenant when any of the following conditions apply:
DHS 89.29(3)(a)1.
1. Except as provided under par.
(b), the tenant's needs cannot be met at the level of service which facilities are required to make available to tenants under s.
DHS 89.23 (2).
DHS 89.29(3)(a)2.
2. Except as provided under par.
(b), the time required to provide supportive, personal and nursing services to the tenant exceeds 28 hours per week.
DHS 89.29(3)(a)3.
3. Except as provided under par.
(b), the tenant's condition requires the immediate availability of a nurse 24 hours a day.
DHS 89.29(3)(a)4.
4. The tenant is adjudicated incompetent under ch.
54, Stats., has an activated power of attorney for health care under ch.
155, Stats., or has been found to be incapable of recognizing danger, summoning assistance, expressing need or making care decisions by 2 physicians or by one physician and one licensed psychologist who have personally examined the tenant and signed a statement specifying that the person is incapable.
DHS 89.29(3)(a)5.
5. The tenant's behavior or condition poses an immediate threat to the health or safety of self or others. Mere old age, eccentricity or physical disability, either singly or together, are insufficient to constitute a threat to self or others.
DHS 89.29(3)(a)6.
6. The tenant refuses to cooperate in an examination by a physician or licensed psychologist of his or her own choosing to determine his or her health or mental status for the purpose of establishing appropriateness for retention or termination.
DHS 89.29(3)(a)7.
7. The tenant's fees have not been paid, provided the tenant and the tenant's designated representative, where appropriate, were notified and given reasonable opportunity to pay any deficiency.
DHS 89.29(3)(a)8.
8. The tenant refuses to enter into a negotiated risk agreement or refuses to revise the risk agreement when there is a documented and significant medical reason for doing so.
DHS 89.29(3)(a)9.
9. The presence of any condition identified as grounds for termination in the service agreement, provided that these grounds are not inconsistent with requirements contained in subds.
1. to
8. DHS 89.29(3)(b)
(b) Supplemental services as an alternative to termination. A residential care apartment complex shall not terminate its contract with a tenant for a reason under par.
(a) 1. to
3. if the tenant arranges for the needed services from another provider consistent with s.
DHS 89.24 (2) (b) and any unmet needs or disputes regarding potentially unsafe situations are documented in a risk agreement.
DHS 89.29(3)(c)1.a.a. Except as provided under subd.
2., a residential care apartment complex shall provide 30 days advance notice of termination to the tenant and the tenant's designated representative, if any. If there is no designated representative, the facility shall notify the county department of social or human services under s.
46.21,
46.22 or
46.23, Stats.
DHS 89.29(3)(c)1.b.
b. Notice of termination shall include the grounds for termination and information about how to file a grievance consistent with the termination and grievance policies and procedures contained in the service agreement.
DHS 89.29(3)(c)1.c.
c. The 30-day notice period required for termination may include the period covered by a notice of nonpayment of fees and opportunity to pay any deficiency as required under par.
(a) 7., provided that notice of termination is included with the notice of non-payment of fees.
DHS 89.29(3)(c)2.
2. No 30-day notice is required in an emergency. In this subdivision, “emergency" means an immediate and documented threat to the health or safety of the tenant or of others in the facility.
DHS 89.29(3)(d)
(d) Failure to meet requirements of this chapter. If the requirements of this chapter are violated by either the facility or the tenant, the party which is not in violation may terminate the contract on 30 days written notice without financial penalty.
DHS 89.29 History
History:
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.
