Chapter DHS 89

DHS 89.52 DHS 89.52 Standards for operation. A certified residential care apartment complex shall comply with the following standards for operation:

DHS 89.52(1) (1) The certified residential care apartment complex shall have a contract with the county agency which administers the medical assistance waiver under s. 46.277, Stats., if it receives those funds.

DHS 89.52(2) (2) The certified residential care apartment complex shall comply with all other applicable requirements of the Medicaid Community Waivers Manual.

DHS 89.52 Note Note: For a copy of the Medicaid Community Waivers Manual, contact Department of Administration Document Sales at [phone].

DHS 89.52 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98; CR 23-046: am. (1) Register April 2024 No. 820, eff. 5-1-24.

DHS 89.53 DHS 89.53 Certification procedures.

DHS 89.53(1) (1) Application. A facility shall apply to the department to initiate the certification process. The application shall be in writing and shall include the following:

DHS 89.53(1)(a) (a) A completed application form provided by the department.

DHS 89.53(1)(b) (b) Approvals, permits or other documentation that the residential care apartment complex is in compliance with all applicable federal, state and local licensing, building, zoning and environmental statutes, ordinances, rules and regulations.

DHS 89.53(1)(c) (c) Any other documentation requested by the department to determine whether the applicant complies with this chapter.

DHS 89.53 Note Note: To obtain a copy of the application form, contact the Bureau of Quality Assurance, Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707. Phone: [phone].

DHS 89.53(2) (2) Review, approval and issuance.

DHS 89.53(2)(a) (a) The department shall review the completed application form and supporting documents and may conduct on-site visits of the facility to determine if the facility meets the definition of residential care apartment complex and the requirements of this chapter.

DHS 89.53(2)(b) (b) If the requirements of this chapter are met, the department shall certify the facility as a residential care apartment complex.

DHS 89.53(2)(c) (c) If the requirements of this chapter are not met, the applicant shall be issued a notice of denial. The department may deny certification for any applicant whose residential care apartment complex registration or certification has previously been revoked or who has a record of violating applicable statutes and regulations of the United States or of this or any other state in the operation of a residential or health care facility, or in any other health or human service related activity.

DHS 89.53(2)(d) (d) The department shall issue the certification or notice of denial within 70 days after receiving the complete application and supporting documentation and completing the site visit. A notice of denial shall give the reasons for the denial and shall notify the applicant that the decision may be appealed under s. DHS 89.59.

DHS 89.53(2)(e) (e) Certification shall be issued only for the residential care apartment complex location, owner and operator identified in the application and is not transferable to another facility, owner or operator.

DHS 89.53(3) (3) Certification fee. There shall be an annual fee for certification in an amount determined by the department. A facility’s certification shall lapse if the fee is not paid within a period of time established by the department. A residential care apartment complex operated by the Wisconsin Veterans Home at King shall be exempt from the fee.

DHS 89.53(4) (4) Renewal.

DHS 89.53(4)(a) (a) The initial certification of a residential care apartment complex shall be effective for up to 12 months and renewals shall be effective for up to 36 months.

DHS 89.53(4)(b) (b) Certification shall be renewed if the owner or operator continues to comply with the provisions of this chapter, submits an application for renewal at least 30 days before the certification expires and pays the required certification fee. If an application for renewal is denied, the owner or operator shall be given written notice of the denial which shall include the reasons for denial and notice of opportunity to appeal the decision under s. DHS 89.59.

DHS 89.53(4)(c) (c) The licensee shall provide, in a format approved by the department, information required by the department to assess the facility’s compliance with s. 55.14, Stats., relating to involuntary administration of psychotropic medication to a tenant.

DHS 89.53 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98; CR 07-042: cr. (4) (c) Register October 2007 No. 622, eff. 11-1-07.

DHS 89.54 DHS 89.54 Reporting of changes. A certified residential care apartment complex operator shall report to the department any change which may affect its compliance with this chapter, including change in the residential care apartment complex ownership, administration, building or continued operation, 30 days prior to making the change. The department may require that the facility reapply for certification when any of these changes take place.

DHS 89.54 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.55 DHS 89.55 Monitoring.

DHS 89.55(1) (1) The department shall conduct periodic inspections of residential care apartment complexes during the period of certification and may, without notice to the owner or operator, visit a residential care apartment complex at any time to determine if the facility continues to comply with this chapter. The owner or operator shall be able to verify compliance with this chapter and shall provide the department access to the residential care apartment complex and its staff, tenants and records.

DHS 89.55(2) (2) The department may require that the facility provide proof of building, fire, health, sanitation or safety inspection of the facility and premises to document the facility’s compliance with this chapter and with other applicable statutes, ordinances, rules and regulations. Such an inspection shall be performed by a Wisconsin registered engineer or architect, a department of safety and professional services certified commercial building inspector or other appropriate professional as determined by the department.

DHS 89.55 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.

DHS 89.56 DHS 89.56 Intermediate sanctions and penalties.

DHS 89.56(1) (1) Notice of violation. The department shall issue a written notice of violation when it finds that a certified residential care apartment complex is in violation of this chapter. The notice shall explain the grounds for the notice of violation, the sanctions or penalties to be imposed, if any, and the process for appeal.

DHS 89.56(2) (2) Plan of correction. A residential care apartment complex shall submit a written plan of correction to the department within 30 days after the date of the notice of violation. The department may specify a time period of less than 30 days for submittal of the plan of correction when it determines that the violation may be harmful to the health, safety, welfare or rights of tenants.

DHS 89.56(3) (3) Sanctions. The department may order one or more of the following sanctions:

DHS 89.56(3)(a) (a) That the facility stop violating the applicable provisions of this chapter.

DHS 89.56(3)(b) (b) That the facility submit, implement and comply with a plan of correction for violations, subject to department review and approval. The department may require the plan of correction to be submitted and implemented within a time period specified by the department and may require modifications to the facility’s proposed plan of correction.

DHS 89.56(3)(c) (c) That the facility comply with a plan of correction developed and imposed by the department.

DHS 89.56(3)(d) (d) That the facility stop admissions until the violations are corrected.

DHS 89.56(3)(e) (e) That the facility provide or secure training for its service manager or other staff in areas specified by the department.

DHS 89.56(3)(f) (f) That medical assistance or medical assistance waiver reimbursement for new admissions to the facility be denied until all violations are corrected.

DHS 89.56(3)(g) (g) That payment be disallowed for services provided during the period of noncompliance.

DHS 89.56(3)(h) (h) That a residential care apartment complex cease operations if it is without a valid certification.

DHS 89.56(3)(i) (i) That the facility’s certification be summarily suspended following procedures in ch. 227, Stats., when the department finds that public health, safety or welfare requires emergency action.

DHS 89.56(4) (4) Penalties. The department may directly assess a forfeiture of from $10 to $1,000 per violation per day for violations which it determines to be harmful to the health, safety, welfare or rights of tenants.

DHS 89.56(5) (5) Disclosure. A certified residential care apartment complex shall make the results of the most recent department monitoring visit and of any complaint investigation or enforcement action within the current certification period available on request to tenants and prospective tenants and their families or representatives. A residential care apartment complex shall immediately notify all tenants and tenants’ designated representatives, where appropriate, of any notice of summary suspension under sub. (3) (i) and the reasons for the summary suspension.

DHS 89.56 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.57 DHS 89.57 Revocation.

DHS 89.57(1) (1) Revocation. The department may revoke a residential care apartment complex’s certification whenever the department finds that the residential care apartment complex has failed to maintain compliance with one or more of the requirements set forth in this chapter. In the event of revocation, the department shall provide the residential care apartment complex with prior written notice of the proposed action, the reasons for the action and notice of opportunity for appeal under s. DHS 89.59.

DHS 89.57(2) (2) Notification. A residential care apartment complex shall immediately notify all tenants and tenants’ designated representatives, where appropriate, of any notice of revocation under sub. (1) and the reasons for the revocation.

DHS 89.57 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.58 DHS 89.58 Coercion and retaliation prohibited. No person may engage in any form of coercion to prevent a tenant, employee or service provider from filing a complaint about a residential care apartment complex or any form of retaliation against a tenant, employee or service provider for filing a complaint.

DHS 89.58 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.59 DHS 89.59 Appeals.

DHS 89.59(1) (1) Any facility for which an application for certification is denied or not renewed, for which certification is revoked or summarily suspended or which is subject to an order for sanctions or penalties may request a hearing on that decision under s. 227.42, Stats. The hearing on a summary suspension order shall be limited to whether the reason for the order continues.

DHS 89.59(2) (2) A request for a hearing shall be in writing and shall be filed with the department of administration’s division of hearings and appeals within 10 days after the date of the notice under s. DHS 89.53 (2) (c) or (4) (b), 89.56 (1) or 89.57 (1) or within 10 days after the date of the order under s. DHS 89.56 (3). An appeal is filed on the date that it is received by the division of hearings and appeals.

DHS 89.59 Note Note: A request for a hearing should be submitted to the Division of Hearings and Appeals, P.O. Box 7875, Madison, Wisconsin 53707.

DHS 89.59 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

subch. VI of ch. DHS 89 Subchapter VI — Approval of Partial Conversion of a Nursing Home or Community-Based Residential Facility

DHS 89.61 DHS 89.61 Submission of additional information. An applicant for registration or certification seeking to convert a separate area of a nursing home or community-based residential facility to a residential care apartment complex shall submit all of the following information with the application:

DHS 89.61(1) (1) A description and floor plan or sketch demonstrating physical separation as required in s. DHS 89.22 (4) (b).

DHS 89.61(2) (2) A description of the programmatic separation required in s. DHS 89.22 (4) (c).

DHS 89.61(3) (3) The number of licensed nursing home beds which the applicant agrees to delicense.

DHS 89.61 Note Note: Section 50.034 (4), Stats., requires that a nursing home agree to reduce its licensed nursing home beds by the corresponding number of living units proposed for the conversion. The Wisconsin Veterans Home at King is exempt from this requirement.

DHS 89.61 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.62 DHS 89.62 Application review and approval.

DHS 89.62(1) (1) The department shall review the additional information submitted under s. DHS 89.61 with the application and may conduct site visits to determine whether the facility meets the requirements for distinct part facilities under s. DHS 89.22 (4).

DHS 89.62(2) (2) If the requirements of this chapter are met, the department shall issue a statement of registration or certification to the applicant.

DHS 89.62(3) (3) If the requirements of this chapter are not met, the department shall issue a notice of denial to the applicant.

DHS 89.62(4) (4) The department shall issue the registration or certification or notice of denial within 70 days after receiving the additional information required under s. DHS 89.61 and completing any site visit. A notice of denial shall include reasons for the action and notice of opportunity for appeal under s. DHS 89.45 or 89.59.

DHS 89.62(5) (5) There shall be a fee for application review in an amount determined by the department.

DHS 89.62 History History: Cr. Register, February, 1997, No. 494, eff. 3-1-97.