DHS 106.06 (22) Racial or ethnic discrimination. The provider has refused to provide or has denied services to recipients on the basis of the recipient’s race, color or national origin in violation of the civil rights act Civil Rights Act of 1964, as amended, 42 USC 200d, et. Seq., and the implementing regulations. 45 CFR Part 80;. DHS 106.06 (23) Handicapped Disability discrimination. The provider has refused to provide or has denied services to a handicapped recipient recipient with a disability solely on the basis of handicap disability, thereby violating section 504 of the rehabilitation act Rehabilitation Act of 1973, as amended, 29 USC 794;. Section 22. DHS 107.06 (3) (d) (intro) and 1. to 7. are amended to read:
DHS 107.06 (3) (d) Informed consent. For purposes of this subsection, an individual has given informed consent only if all of the following occur:
1. The person who obtained consent for the sterilization procedure offered to answer any questions the individual to be sterilized may have had concerning the procedure, provided a copy of the consent form and provided orally all of the following information or advice to the individual to be sterilized:
a. Advice that the individual is free to withhold or withdraw consent to the procedure at any time before the sterilization without affecting the right to future care or treatment and without loss or withdrawal of any federally funded program benefits to which the individual might be otherwise entitled;.
b. A description of available alternative methods of family planning and birth control;.
c. Information that the sterilization procedure is considered to be irreversible;
d. DHS 107.06(3)(d)1.d.d. A thorough explanation of the specific sterilization procedure to be performed;.
e. A full description of the discomforts and risks that may accompany or follow the performing of the procedure, including an explanation of the type and possible effects of any anesthetic to be used;.
f. A full description of the benefits or advantages that may be expected as a result of the sterilization; and.
g. Advice that the sterilization will not be performed for at least 30 days, except under the circumstances specified in par. (a) 4.
2. Suitable arrangements were made to ensure that the information specified in subd. 1. was effectively communicated to any individual who is blind, deaf, or otherwise handicapped; disabled.
3. An interpreter was provided if the individual to be sterilized did not understand the language used on the consent form or the language used by the person obtaining consent;.
4. The individual to be sterilized was permitted to have a witness of his or her choice present when consent was obtained;.
5. The consent form requirements of par. (e) were met;.
6. Any additional requirement of state or local law for obtaining consent, except a requirement for spousal consent, was followed; and.
7. Informed consent is not obtained while the individual to be sterilized is in any of the following situations:
a. In labor or childbirth;.
b. Seeking to obtain or obtaining an abortion; or.
c. Under the influence of alcohol or other substances that affect the individual's state of awareness.
Section 23. DHS 110.54 (24) is amended to read:
DHS 110.54 (24) The person failed or refused to provide emergency medical care to a patient because of the patient’s race, color, sex, age, beliefs, national origin, handicap disability, medical condition, or sexual orientation.
Section 24. DHS 124.06 (1) (a) is amended to read:
DHS 124.06 (1) (a) The patient may not be denied appropriate care because of the patient’s race, creed, color, national origin, ancestry, religion, sex, sexual orientation, marital status, age, newborn status, handicap disability, or source of payment.
Section 25. DHS 129.03 (18) is amended to read:
DHS 129.03 (18) “Handicapping condition Disability” means a physical or mental impairment that makes ability to care for oneself unusually difficult or limits one’s capacity to work.
Section 26. DHS 129.05 (2) (a) 1. e. is amended to read:
DHS 129.05 (2) (a) 1. e. Reasonable accommodations for prospective students with handicapping conditions disabilities.
Section 27. DHS 129.07 (2) (a) 3. is amended to read:
DHS 129.07 (2) (a) 3. The program shall have reasonable accommodations for students and prospective students with handicapping conditions disabilities.
Section 28. DHS 129.08 (5) (a) is amended to read:
DHS 129.08 (5) (a) Reasonable accommodations for students with handicapping conditions disabilities.
Section 29. DHS 134.60 (2) (a) 1. is amended to read:
DHS 134.60 (2) (a) 1. “DD level I” means the classification of an individual who has a profound or severe intellectual disability; is under the age of 18; is severely physically handicapped disabled; is aggressive, assaultive or a security risk; or manifests psychotic−like behavior and may engage in maladaptive behavior persistently or frequently or in behavior that is life−threatening. This individual’s habilitation program emphasizes basic ADL skills and requires intensive staff effort.
Section 30. DHS 134.82 (3) (b) 2. is amended to read:
DHS 134.82 (3) (b) 2. The facility shall make special provisions for evacuating physically handicapped persons individuals with physical disabilities during drills.
Section 31. DHS 134.83 (5) (g) is amended to read:
DHS 134.83 (5) (g) Conditions for housing certain residents above the street level floor. Residents who are blind, non−ambulatory or physically handicapped disabled may not be housed above the street level floor in an existing facility of 2 or more stories that is not at least 2−hour fire−resistive construction unless the facility is one−hour protected noncombustible construction as defined in standard 220 of the NFPA’s National Fire Code, 1979 edition, fully sprinklered one−hour protected ordinary construction or fully sprinklered one−hour protected wood frame construction.
Section 32. DHS 134.84 (3) (c) (title) and (3) (c) are amended to read:
DHS 134.84 (3) (c) Physically handicapped facilities Facilities for persons with physical disabilities. Resident bathrooms and bathroom appliances shall be equipped for use by physically handicapped persons individuals with physical disabilities.
Section 33. DHS 152.04 (4) is amended to read:
DHS 152.04 (4) The department may not discriminate against or deny benefits to anyone on the basis of race, sex, age, national origin, marital status, creed, handicap disability, sexual orientation or ancestry.
Section 34. Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22 (2) (intro), Stats.
