Each program shall have first-aid supplies, and a staff person knowledgeable in first-aid procedures, including CPR, shall be present at all time at the center. Procedures to be followed in an emergency situation shall be posted in each room of the center. Programs shall conduct practice drills or emergency procedure every six months and maintain a record of all practice drills. Each center shall have at least one straight back chair for each participant, lounge chairs or day beds as needed for rest periods, storage space for participant’s personal belongings, tables, a telephone that is accessible to all participants and special equipment as needed to assist person with disabilities. Each program shall be in compliance with fire safety standards and the Michigan Food Code.
Minnesota:
Minnesota Administrative Rules 9555.9600 require the program to conduct an intake screening to determine whether the center can serve the person‘s needs and condition. After conducting the screening the center shall conduct a needs assessment and develop a service plan. The assessment shall include the participant’s functional status, psychosocial needs, physical status, nutritional needs and services needed. Each center shall adopt and hold employees accountable for complying with the participant’s bill of rights. The center shall provide a meal which meets the requirements of the Food and Nutrition Board of the National Research Council. The center shall offer health services developed in consultation with a registered nurse. The center shall offer a daily structured exercise program for participants and a daily activity program that includes socialization, activities, group projects, arts, craft, and music. Required safety components include a first aid kit, telephone and posted emergency numbers and emergency phone numbers for participants.
Furniture and equipment shall be in good repair and without sharp points, splinter and paint that contains lead. Areas used by participants must be free from debris, loose plaster, peeling paint and litter. Rugs must have a nonskid backing. The center shall have written procedures governing medical emergencies and emergencies caused by fire or weather. The center shall provide 40 square feet for each participant. A minimum of 70 degrees must be maintained in indoor areas. Outside doors and windows used for ventilation must be screened in summer months.
Summary of factual data and analytical methodologies
The department formed an advisory committee with 7 members composed of the President of the Wisconsin Adult Day Services Association, Adult Day Care providers for elders and for persons with disabilities and a representative from the Disability Provider Network, an advocacy organization. Committee members were provided a copy of an initial draft of the rule for review and asked for comments. The recommendations from the Advisory Committee were incorporated into the proposed rule.
Analysis and supporting documents used to determine effect on small business
TBD
Effect on small business
TBD
Agency contact person
Pat Benesh, Division of Quality Assurance, 608-264-9896
Statement on quality of agency data
The data used by the Department to prepare these proposed rule and analysis comply with Section 227.14 (2m), Wis. Stat. Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
SECTION 1. DHS 105.14 is created to read:
Department of Health Services
Adult Day Care Centers
Subchapter I – General Provisions
DHS 105.14.01 Authority and purpose
DHS 105.14.02 Definitions
DHS 105.14.03 Variance and waiver
Subchapter II – Certification
DHS 105.14.04 Application requirements
DHS 105.14.05 Program description
DHS 105.14.06 Fit and qualified
DHS 105.14.07 Department action
DHS 105.14.08 Biennial report and fees
DHS 105.14.09 Change of ownership
DHS 105.14.10 Center closing
DHS 105.14.11 Investigation, notification and reporting requirements
DHS 105.14.12 Record retention
Subchapter III – Personnel
DHS 105.14.13 Operator
DHS 105.14.14 Program director
DHS 105.14.15 Caregiver
DHS 105.14.16 Hiring and employment
DHS 105.14.17 Caregiver records
Subchapter IV – Orientation and Training
DHS 105.14.18 Orientation
DHS 105.14.19 Training
DHS 105.14.20 Caregiver supervision
DHS 105.14.21 Continuing education
DHS 105.14.22 Documentation
Subchapter V – Enrollment, Retention and Discharge
DHS 105.14.23 Limitations on enrollment and retention
DHS 105.14.24 Enrollment procedures
DHS 105.14.25 Discharge
Subchapter VI – Participant Rights
DHS 105.14.26 Rights of participants
Subchapter VII – Participant Care and Services
DHS 105.14.27 Assessment, individual service plan and evaluation
DHS 105.14.28 Caregiver requirements
DHS 105.14.29 Medications
DHS 105.14.30 Program Services
DHS 105.14.31 Food services
Subchapter VIII – Physical Environment
DHS 105.14.32 Building and furnishings
Subchapter IX – Safety
DHS 105.14.33 Emergency preparedness
Subchapter X – Requirements for Multiple Occupancies
DHS 105.14.34 Multiple occupancies
Subchapter XI – Program Evaluation
DHS 105.14.35 Annual program review
Subchapter I – General Provisions
DHS 105.14.01 Authority and purpose. (1) This chapter is promulgated under the authority of s. 49.45 (2) (a) 11. Wis. Stat., to develop and establish regulations and standards for the care, treatment or services, and health, safety, rights, well-being and welfare of participants in certified adult day care centers (ADCC). (2) The chapter is intended to ensure all ADCCs provide a supportive environment for participants in a community-based group setting that is the least restrictive of each participant’s freedom; and that care and services are provided in a manner that protects the rights and dignity of the participants.
DHS 105.14.02 Definitions. In this chapter:
(1) “Abuse” has the meaning given in s. 46.90 (1), Wis. Stat. (2) “Accessible” means barriers are not present that prevent a person from entering, leaving or functioning within an ADCC without physical help.
(3) “Activities of daily living” means bathing, eating, oral hygiene, dressing, toileting, incontinence care, mobility and transferring from one surface to another such as from a bed to a chair.
(4) “Adult” means an individual who is at least 18 years of age.
(5) “Adult Day Care Center” means an entity that provides services for part of a day in a group setting to adults who need an enriched health, supportive or social experience and who may need assistance with activities of daily living, supervision or protection.
(6) “Applicant” means the person seeking certification of an ADCC.
(7) “Assessment” means gathering and analyzing information about a prospective or existing participant’s needs and abilities.
