DHS 94.24(3)(f)
(f) Each inpatient shall have an opportunity for reasonable and regular access to facilities for physical exercise and shall have an opportunity for access to a variety of appropriate recreational facilities away from the living unit to the extent possible, except for any limitation that may be necessary for documented individual security or safety reasons.
DHS 94.24(3)(g)
(g) Each inpatient shall be provided an opportunity to be out of doors at regular and frequent intervals, with supervision as necessary, except when health reasons or documented individual security reasons indicate otherwise.
DHS 94.24(3)(h)
(h) Patients have a right to be free from having arbitrary decisions made about them. To be non-arbitrary, a decision about a client shall be rationally based upon a legitimate treatment, management or security interest.
DHS 94.24(3)(i)
(i) Inpatients shall be permitted to conduct personal and business affairs in any lawful manner not otherwise limited by statute so long as these do not interfere with the patient's treatment plan, the orderly operation of the facility, security or the rights of other patients.
DHS 94.24(4)(a)(a) Each inpatient shall be provided a nutritional diet which permits a reasonable choice of appealing food served in a pleasant manner.
DHS 94.24(4)(b)
(b) Snacks between meals shall be accessible to inpatients on all living units, except when contraindicated for individual patients.
DHS 94.24(4)(c)
(c) All inpatients shall be allowed a minimum of 30 minutes per meal and additional time as feasible.
DHS 94.24(4)(d)
(d) Menu preparation shall take into account customary religious, cultural or strongly-held personal convictions of inpatients.
DHS 94.24 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87; am. (2) (b), (j), (3) (b), (f), (g), cr. (3) (h), renum. (3) (i) from HSS 94.07 (5),
Register, June, 1996, No. 486, eff. 7-1-96; emerg. am. (2) (e), eff. 8-15-98
; am. (2) (d) 1. d. and (e),
Register, April, 1999, No. 520, eff. 5-1-99.
DHS 94.25
DHS 94.25 Patient funds. Except as otherwise provided under s.
51.61 (1) (v), Stats., a patient shall be permitted to use the patient's own money as the patient wishes. A service provider holding funds for a patient shall give the patient an accounting of those funds in accordance with s.
51.61 (1) (v), Stats.
DHS 94.25 History
History: Cr.
Register, June, 1996, No. 486, eff. 7-1-96.
DHS 94.26(1)
(1) Inpatients shall be permitted to wear their own clothing as authorized under s.
51.61 (1) (q), Stats., and this section.
DHS 94.26(2)
(2) If inpatients do not have enough of their own clothing, they shall be furnished with appropriate noninstitutional clothing of proper size as follows:
DHS 94.26(2)(a)
(a) There shall be sufficient clothing to allow each patient at least one change of underwear a day and 3 changes of clothing a week; and
DHS 94.26(2)(b)
(b) There shall be clothing which is appropriate for patients to wear out of doors and on trips or visits in all weather conditions.
DHS 94.26(3)
(3) All inpatients shall be provided with laundry service or, if the patient can use a washer and dryer, with access to washers and dryers. Facilities shall take reasonable measures to prevent the loss of inpatients' clothing during use of laundry services.
DHS 94.26 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87
; renum. from HSS 94.25,
Register, June, 1996, No. 486, eff. 7-1-96.
DHS 94.27(1)
(1) Each inpatient shall be provided sufficient and convenient space for clothing, toilet articles and other personal belongings, as required under s.
51.61 (1) (r), Stats., and this section.
DHS 94.27(2)
(2) Individual storage space shall be conveniently accessible to the patient, shall accommodate hanging of clothes and shall be lockable or otherwise made secure if requested by the patient.
DHS 94.27(3)
(3) Personal storage space may be searched only if there is documented reason to believe a violation of the facility's security regulations has occurred and the patient is given the opportunity to be present during the search, except in forensic units where routine searches may be conducted in accordance with written facility policies.
DHS 94.27 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87; renum. from HSS 94.26,
Register, June, 1996, No. 486, eff. 7-1-96.
DHS 94.28
DHS 94.28 Right to file grievances. DHS 94.28(1)
(1) A patient or a person acting on behalf of a patient may file a grievance under
s. DHS 94.29 procedures with the administrator of a facility or other service provider or with a staff member of the facility or other service provider without fear of reprisal and may communicate, subject to s.
51.61 (1) (p), Stats., with any public official or any other person without fear of reprisal.
DHS 94.28(2)
(2) No person may intentionally retaliate or discriminate against any patient, person acting on behalf of a patient or employee for contacting or providing information to any official or to an employee of any state protection and advocacy agency, or for initiating, participating in or testifying in a grievance procedure or in any action for any remedy authorized by law.
DHS 94.28(3)
(3) No person may deprive a patient of the ability to seek redress for alleged violations of his or her rights by unreasonably precluding the patient from using the grievance procedure established under
s. DHS 94.29 or from communicating, subject to any valid telephone or visitor restriction under
s. DHS 94.05, with a court, government official, grievance investigator or staff member of a protection and advocacy agency or with legal counsel.
DHS 94.28 History
History: Cr.
Register, June, 1996, No. 486, eff. 7-1-96.
DHS 94.29
DHS 94.29 Grievance resolution procedures. Failure of a treatment facility to comply with any provision of rights under s.
51.61, Stats., or this chapter may be processed as a grievance under s.
51.61 (5), Stats., and subch.
III of this chapter.
DHS 94.29 History
History: Renum. from HSS 94.27 (1) and am.,
Register, June, 1996, No. 486, eff. 7-1-96.
DHS 94.30(1)
(1) Each treatment facility director and program director shall ensure that all of his or her employees who have any patient contact are aware of the requirements of this chapter and of the criminal and civil liabilities for violation of ss.
51.30 (10),
51.61,
146.84,
813.123,
940.22 (2),
940.225,
940.285,
940.295 and
943.20 (3) (d) 6., Stats., and of the protection for reporting violations of rights to licensing agencies under s.
51.61 (10), Stats.
DHS 94.30(2)
(2) In the event that a contracted treatment facility does not comply with an applicable requirement of this chapter, the county department shall notify the department of the specific non-compliance within 7 calendar days of its discovery.
DHS 94.30 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87; renum. from HSS 94.28,
Register, June, 1996, No. 486, eff. 7-1-96.
DHS 94.31
DHS 94.31 Application of other rules and regulations. In applying the requirements of this chapter, when a different state rule or federal regulation also applies to the protection of a particular right of patients, the different state rule or federal regulation shall be controlling if it does more to promote patient rights than the counterpart requirement in this chapter.
DHS 94.31 History
History: Cr.
Register, January, 1987, No. 373, eff. 2-1-87; renum. from HSS 94.29,
Register, June, 1996, No. 486, eff. 7-1-96.
DHS 94.40(1)
(1)
Grievance resolution system required. All programs providing services or residential care to persons who need the services or residential care because of mental illness, a developmental disability, alcoholism or drug dependency, as those terms are defined in s.
51.01, Stats., shall have a grievance resolution system which complies with the requirements of this subchapter.
DHS 94.40(2)
(2) Written policies. A program shall have written policies which provide that:
DHS 94.40(2)(a)
(a) Staff of the program know and understand the rights of the clients they serve;
DHS 94.40(2)(b)
(b) Fair, responsive and respectful procedures are available which permit clients to obtain resolution of their grievances within the time frames provided in this subchapter;
DHS 94.40(2)(c)
(c) Staff and clients are instructed in both the formal procedures by which clients may seek resolution of grievances, and informal methods for resolving client concerns; and
DHS 94.40(2)(d)
(d) Staff who act as client rights specialists, or private individuals with whom the program contracts for this service, are trained in the procedures required by this subchapter, techniques for resolution of concerns and grievances and the applicable provisions of
ch. 51, Stats.,
ch. DHS 92 and this chapter.
DHS 94.40(3)(a)(a) Each program or coalition of programs shall designate one or more persons to act as client rights specialists.
DHS 94.40(3)(b)
(b) The client rights specialist may be an employee of the program or of one of the programs in a coalition or may be a person under contract to a program or to a coalition of programs.
DHS 94.40(3)(c)
(c) The client rights specialist assigned to conduct a program level review under
s. DHS 94.41 shall not have any involvement in the conditions or activities forming the basis of the client's grievance, or have any other substantial interest in those matters arising from his or her relationship to the program or the client, other than employment.
DHS 94.40(3)(d)
(d) If at any time during the formal resolution process a grievant wishes to switch to the informal resolution process, and the other parties agree to the switch, the client rights specialist may suspend the formal resolution process and attempt to facilitate a resolution of the matter between the parties without prejudice to positions of the grievant or the program.
DHS 94.40(3)(e)
(e) If the client chooses to use the informal resolution process and the matter is resolved, the client rights specialist shall prepare a brief report indicating the nature of the resolution and file it with the program manager, with copies to the client, any person acting on behalf of the client pursuant to
s. DHS 94.49, and the parent or guardian of a client if that person's consent is required for treatment.
DHS 94.40(4)(a)(a) Each program shall have available a process which offers clients and persons acting on behalf of clients the option of seeking informal resolution of their concerns.
DHS 94.40(4)(b)
(b) Use of the informal resolution process shall not be a prerequisite for seeking formal relief.
DHS 94.40(4)(c)
(c) The informal resolution process may be used pending initiation of the formal resolution process or as an adjunct during the formal resolution process.
DHS 94.40(4)(d)
(d) The informal resolution process shall be adapted to the particular needs and strengths of the clients being served by the program in order to assist them and any persons acting on their behalf to participate in and understand the process as much as possible.
DHS 94.40(4)(e)
(e) Any applicable time limits of the formal resolution process shall be suspended during the use of the informal resolution process until a grievant indicates that he or she wishes the formal resolution process to begin or until any party requests that the formal resolution process resume.
DHS 94.40(5)
(5) Formal resolution process. Each program shall have a formal resolution process for program level review of grievances under
s. DHS 94.41 which includes:
DHS 94.40(5)(a)
(a) A process for training client rights specialists and for protecting their neutrality while conducting grievance reviews by establishing conditions which allow them to be objective in their actions, such as not allowing retribution against them for unpopular decisions;
DHS 94.40(5)(b)2.
2. Preparing reports that include factual findings, determinations of merit and recommendations for resolving grievances;
DHS 94.40(5)(b)3.
3. Completing the review process within the time limits of this subchapter;
DHS 94.40(5)(b)5.
5. Permitting both clients and staff an equal opportunity to be heard during the process;
DHS 94.40(5)(c)
(c) A method for informing clients and their guardians, parents and advocates about the way grievances are presented and the process by which reviews of grievances are conducted which takes into account any special limitations clients of the program may have and adapts the system to allow clients to participate in the process to the fullest extent possible;
DHS 94.40(5)(d)
(d) A process for responding to decisions on grievance reviews at any level that provides for rapid and accurate compliance with final determinations as well as orders for interim relief under
s. DHS 94.50;
DHS 94.40(5)(e)
(e) A provision that, at any time, if all parties agree, the formal resolution process and any applicable time limits may be suspended to allow the parties to attempt an informal resolution of the matter under
sub. (4), facilitated by the individual conducting the review at that level of the process. If time limits are suspended, they shall begin running again upon request of any party that the formal process be resumed.
DHS 94.40(6)
(6) Protections for clients and advocates. A program shall have policies and procedures in place which provide that no sanctions will be threatened or imposed against any client who files a grievance, or any person, including an employee of the department, a county department or a service provider, who assists a client in filing a grievance.
DHS 94.40 Note
Note: See s.51.61(5) (d) and (7m), Stats., for the civil and criminal penalties that are available to deal with anyone who threatens action or takes action against a client who files a grievance or against a person who assists a client in filing a grievance.
DHS 94.40(7)
(7) Client instruction. As part of the notification of rights required under
s. DHS 94.04, each program shall establish specific methods of instruction to help clients and their parents or guardians, if consent by a parent or guardian is required for treatment, understand and use the grievance system.
DHS 94.40 History
History: Cr.
Register, June, 1996, No. 486, eff. 7-1-96; correction in (2) (d) made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 2000, No. 532; correction in (2) (d) made under s. 13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DHS 94.41(1)(a)(a) A program shall establish a flexible and open process through which clients and those acting on behalf of clients can present grievances.
DHS 94.41 Note
Note: See DHS 94.49 for grievances presented on behalf of clients, including clients under guardianship.
DHS 94.41(1)(b)
(b) A grievance may be presented to the program manager or any staff person in writing, orally or by any alternative method through which the client or other person ordinarily communicates.
DHS 94.41(1)(c)
(c) Whenever possible, a program shall attempt to resolve a grievance at the time it is presented by listening to the nature of the complaint and by making adjustments in operations or conditions that respond to the individual needs of the client.
DHS 94.41(1)(d)
(d) If a grievance cannot be immediately resolved, the person presenting the issue shall be given the option of using the program's formal or informal resolution process.
DHS 94.41(1)(e)
(e) If the informal resolution process under
s. DHS 94.40 (4) is chosen, any time limits in
sub. (5) shall be suspended while the parties work out their differences.
DHS 94.41(1)(f)
(f) If the formal resolution process under
s. DHS 94.40 (5) is chosen, the program shall refer the grievance to a client rights specialist who shall conduct an inquiry and file a report as provided in
subs. (2) and
(3).
DHS 94.41(2)(a)(a) Upon receiving a referral, the client rights specialist shall meet with the grievant and the client, if different, and any staff member who may be named in the complaint, identify the matters at issue and explain the process for seeking formal resolution of grievances.
DHS 94.41(2)(b)
(b) If the grievance was presented orally or through an alternative form of communication, the client rights specialist shall assist the grievant in putting the grievance into writing for use in the ongoing process. A copy of the written grievance shall be given to the grievant and the client, and included in the report.
DHS 94.41(2)(c)1.1. If there are facts in dispute, the client rights specialist shall conduct an inquiry into the incidents or conditions which are the focus of the grievance.
DHS 94.41(2)(c)2.
2. The program manager shall provide the client rights specialist with full access to all information needed to investigate the grievance, all relevant areas of the program facility named in the grievance and all records pertaining to the matters raised in the grievance.
DHS 94.41(2)(c)3.
3. The inquiry of the client rights specialist may include questioning staff, the client or clients on whose behalf the grievance was presented, other clients, reviewing applicable records and charts, examining equipment and materials and any other activity necessary in order to form an accurate factual basis for the resolution of the grievance.
DHS 94.41(2)(d)
(d) When an inquiry requires access to confidential information protected under s.
51.30, Stats., and the client rights specialist conducting the inquiry does not otherwise have access to the information under an exception found in s.
51.30 (4) (b), Stats., the client, or the guardian or parent of the client, if the guardian or parent's consent is required, may be asked to consent in writing to the release of that information to the client rights specialist and other persons involved in the grievance resolution process. The client rights specialist may proceed with the inquiry only if written consent is obtained. If consent for access is not granted, the program shall attempt to resolve the matter through the informal resolution process. The program may include in forms used for presenting written grievances a corresponding provision relating to consent for release of confidential information.
