Chapter DHS 88

DHS 88.07(4)(e) (e) Meals prepared by the licensee shall take into account special physical and religious dietary needs of the residents. A special diet shall be served to a resident if prescribed by the resident’s physician.

DHS 88.07 History History: Cr. Register, January, 1996, No. 482, eff. 2-1-96.

DHS 88.08 DHS 88.08 Termination of placement. A licensee may terminate a resident’s placement only after giving the resident, the resident’s guardian, if any, the resident’s service coordinator, the placing agency, if any, and the designated representative, if any, 30 days written notice. The termination of a placement shall be consistent with the service agreement under s. DHS 88.06 (2) (c) 7. The 30 day notice is not required for an emergency termination necessary to prevent harm to the resident or other household members.

DHS 88.08 History History: Cr. Register, January, 1996, No. 482, eff. 2-1-96.

DHS 88.09 DHS 88.09 Records.

DHS 88.09(1) (1) Resident records.

DHS 88.09(1)(a) (a) The licensee shall maintain a record for each resident. Resident records shall be maintained in a secure location within the home to prevent unauthorized access.

DHS 88.09(1)(b) (b) The records of residents shall be confidential. Access to records of a resident’s HIV test results shall be controlled by s. 252.15, Stats. Access to other resident records shall be restricted to the following: the resident, the resident’s guardian, authorized representatives of the department, other persons or agencies with the informed written consent of the resident or resident’s guardian, if applicable, persons or agencies authorized by s. 51.30, Stats., ss. 146.81 to 146.83, Stats., or 42 CFR Part 2, and persons or agencies authorized by other applicable law.

DHS 88.09 Note Note: Section 51.30 (4) (b) 5. and 15., Stats., permits sharing of limited information in certain circumstances between the department and a county department established under s. 46.215, 46.22, 46.23, 51.42 or 51.437, Stats.

DHS 88.09 Note Note: For information on 42 CFR Part 2 which relates to a resident who is in the home because of alcohol or other drug abuse, write or phone the appropriate regional office of the department’s division of disability and elder services which will refer you to the appropriate county agency in your county. See Appendix A for the addresses and phone numbers of these offices.

DHS 88.09 Note Note: The records of residents with mental disabilities are subject to requirements of s. 51.30, Stats., and ch. DHS 92.

DHS 88.09(1)(c) (c) Copies of a resident’s record shall be made available on request to the resident, the resident’s guardian or a designated representative of the resident as soon as reasonably practicable if authorized in writing by the resident, at a cost no greater than the cost of reproduction.

DHS 88.09(1)(d) (d) A resident’s record shall include all of the following:

DHS 88.09(1)(d)1. 1. The resident’s name and date of birth.

DHS 88.09(1)(d)2. 2. The name, address, and phone number of the resident’s legal guardian, if any.

DHS 88.09(1)(d)3. 3. The name, address and phone number of every person, including the resident’s physician, to be notified in the event of an emergency.

DHS 88.09(1)(d)4. 4. The name, address and phone number of the placing agency, if any, and service coordinator, if any.

DHS 88.09(1)(d)5. 5. Medical insurance or medical assistance and medicare identification numbers and the name of the pharmacy that the resident uses. In this subdivision, “medical assistance” means the assistance program operated by the department under ss. 49.43 to 49.497, Stats., and “medicare” means the insurance program operated by the U.S. department of health and human services under 42 USC 1395 to 1395.22 and 42 CFR, Pts. 405 to 421.

DHS 88.09(1)(d)6. 6. The service agreement required under s. DHS 88.06 (2) (b) and (c).

DHS 88.09(1)(d)7. 7. The report of the medical examination required under s. DHS 88.06 (2) (a).

DHS 88.09(1)(d)8. 8. The individual service plan required under s. DHS 88.06 (3).

DHS 88.09(1)(d)9. 9. The statement indicating that resident rights and grievance procedures have been explained and copies have been provided to the parties as required under s. DHS 88.06 (2) (c) 8.

DHS 88.09(1)(d)10. 10. Medication records under s. DHS 88.07 (3) (d) and (e).

DHS 88.09(1)(d)11. 11. Records maintained by the licensee of the resident’s finances, including written authorization from the resident or the resident’s guardian to control the resident’s funds.

DHS 88.09(1)(e) (e) The licensee shall retain a resident’s record for at least 7 years after the resident’s discharge. The record shall be kept in a secure, dry place.

DHS 88.09(2) (2) Service provider and licensee records.

DHS 88.09(2)(a) (a) Service provider record. The licensee shall maintain and keep up to date a separate personnel record for each service provider. The licensee shall ensure that all service provider records are adequately safeguarded against destruction, loss or unauthorized use. A service provider record shall include all of the following:

DHS 88.09(2)(a)1. 1. Name and address.

DHS 88.09(2)(a)2. 2. Social security number.

DHS 88.09(2)(a)3. 3. Date of birth.

DHS 88.09(2)(a)4. 4. Beginning date of employment.

DHS 88.09(2)(a)5. 5. Job-related experience and training.

DHS 88.09(2)(a)6. 6. Educational qualifications.

DHS 88.09(2)(a)7. 7. Job description.

DHS 88.09(2)(a)8. 8. Documentation of successful completion of the training requirements under s. DHS 88.04 (5).

DHS 88.09(2)(a)9. 9. The results of screening for communicable disease.

DHS 88.09(2)(a)10. 10. Description of any disciplinary action.

DHS 88.09(2)(a)11. 11. Date of discharge or resignation.

DHS 88.09(2)(b) (b) Licensee record. The licensee shall maintain and keep up to date a separate record for the licensee which shall contain the information listed in par. (a) 1., 2., 3., 5., 6., 8. and 9.

DHS 88.09(2)(c) (c) Location and retention period. Service provider and licensee records shall be available at the adult family home for review by the licensing agency. A service provider’s record shall be available while the service provider is employed by the home and for at least 3 years after ending employment.

DHS 88.09 History History: Cr. Register, January, 1996, No. 482, eff. 2-1-96.

DHS 88.10 DHS 88.10 Resident rights.

DHS 88.10(1) (1) Legal rights. A licensee shall comply with all applicable statutes and rules relating to resident rights, including s. 51.61, Stats., chs. 54, 55, and 304, Stats., and chs. DHS 92 and 94.

DHS 88.10 Note Note: These laws may clarify or condition a particular resident’s right, depending on the legal status of the resident or a service being received by the resident.

DHS 88.10(2) (2) Explanation of resident rights. The licensee shall explain and provide copies of the resident rights under sub. (3) and the grievance procedure under sub. (5) to the person being admitted, that person’s guardian, family members involved in the placement and any designated representative of the person before the service agreement is signed.

DHS 88.10(3) (3) Rights of residents. Individuals, except for correctional residents, have basic rights which they do not lose when they enter an adult family home. A resident shall have all of the following rights:

DHS 88.10(3)(a) (a) Fair treatment. To be treated with courtesy, respect and full recognition of the resident’s dignity and individuality.

DHS 88.10(3)(b) (b) Privacy. To have physical and emotional privacy in treatment, living arrangements and in caring for personal needs, including toileting, bathing and dressing. The resident, resident’s room, any other area in which the resident has a reasonable expectation of privacy, and the personal belongings of a resident shall not be searched without the resident’s permission or permission of the resident’s guardian except when there is a reasonable cause to believe that the resident possesses contraband. The resident shall be present for the search.

DHS 88.10(3)(c) (c) Confidentiality. To have his or her records kept confidential as described in s. DHS 88.09 (1) (b).

DHS 88.10(3)(d) (d) Presumption of competency. To be treated as mentally competent unless there has been a court determination of incompetency under ch. 54, Stats. A resident who has been adjudicated incompetent has a right to have his or her guardian fully informed and involved in all aspects of his or her relationship to the adult family home. A resident who has been adjudicated incompetent shall be allowed decision-making participation to the extent that the resident is capable of participating.

DHS 88.10(3)(e) (e) Self-direction. To have opportunities to make decisions relating to care, activities and other aspects of life in the adult family home. No curfew, rule or other restrictions on a resident’s freedom of choice shall be imposed unless specifically identified in the home’s program statement or the resident’s individual service plan. An adult family home shall help any resident who expresses a preference for more independent living to contact any agency needed to arrange for it.

DHS 88.10(3)(f) (f) Financial affairs. To manage his or her own financial affairs, including any personal allowances under federal or state programs, unless the resident delegates, in writing, responsibility for financial management to the licensee or someone else of the resident’s choosing or the resident is adjudicated incompetent in which case the guardian or guardian’s designee is responsible.

DHS 88.10(3)(g) (g) Clothing and possessions. To retain and use personal clothing and effects and to retain, as space permits, other personal possessions in a reasonably secure manner.

DHS 88.10(3)(h) (h) Social activity choice. To meet with and participate in social and community activities at the resident’s own discretion.

DHS 88.10(3)(i) (i) Choice of providers. To exercise complete choice of providers of physical health care, mental health care and pharmaceutical services.

DHS 88.10(3)(j) (j) Treatment choice. To receive all treatments prescribed by the resident’s physician and to refuse any form of treatment unless the treatment has been ordered by a court. The written informed consent of the resident or resident’s guardian is required for any treatment administered by the adult family home.

DHS 88.10(3)(k) (k) Religion. To participate in religious activities of the resident’s choice. No resident may be required to engage in any religious activity.

DHS 88.10(3)(L) (L) Safe physical environment. To a safe environment in which to live. The adult family home shall safeguard residents who cannot fully guard themselves from environmental hazards to which they are likely to be exposed, including conditions which would be hazardous to anyone and conditions which would be or are hazardous to a particular resident because of the resident’s condition or disability.

DHS 88.10(3)(m) (m) Freedom from abuse. To be free from physical, sexual or mental abuse, neglect, and financial exploitation or misappropriation of property.

DHS 88.10(3)(n) (n) Freedom from seclusion and restraints.

DHS 88.10(3)(n)1. 1. Except as provided in subd. 2., to be free from seclusion and from all physical and chemical restraints, including the use of an as-necessary (PRN) order for controlling acute, episodic behavior.

DHS 88.10(3)(n)2. 2. Physical restraints may be used in an emergency when necessary to protect the resident or another person from injury or to prevent physical harm to the resident or another person resulting from the destruction of property, provided that law enforcement or other emergency assistance be summoned as soon as possible and the incident is reported to the licensing agency by the next business day with documentation of what happened, the actions taken by the adult family home and the outcomes.

DHS 88.10(3)(o) (o) Labor. To not be required by the licensee to perform labor which is of any financial benefit to the licensee.

DHS 88.10(3)(p) (p) Prompt and adequate treatment. To receive prompt and adequate treatment and services appropriate to the resident’s needs.

DHS 88.10(3)(q) (q) Medication. To receive all prescribed medications in the dosage and at the intervals prescribed by the resident’s physician, and to refuse medication unless there has been a court order under s. 51.61 (1) (g), Stats., with a court finding of incompetency.

DHS 88.10(3)(r) (r) Mail. To receive and send sealed, unopened mail, including packages. The licensee shall give mail to residents on the day it is received or as soon as possible thereafter, unless the licensee has reasonable cause to believe that the mail being sent or received contains contraband, in which case a resident’s mail may be opened by the licensee but only in the presence of the resident.

DHS 88.10(3)(s) (s) Telephone calls. To make and receive a reasonable number of telephone calls of reasonable duration and in privacy.

DHS 88.10(3)(t) (t) Visits. To have private visitors and have adequate time and private space for visits.

DHS 88.10(3)(u) (u) Service charges. To be fully informed in writing before or at the time of admission of all services and charges for the services. Throughout the time a person is a resident of the adult family home, he or she shall be fully informed in writing of any changes in services and related charges at least 30 days before those changes take effect.

DHS 88.10(4) (4) Correctional clients. The rights established under sub. (3) do not apply to a resident under the supervision of the department of corrections except as determined by the department of corrections.

DHS 88.10(5) (5) Resolution of grievances.

DHS 88.10(5)(a) (a) Right to file a grievance. A resident or the resident’s guardian, if any, or designated representative, if any, may file a grievance if he or she believes that a right of the resident or a provision of this chapter has been violated.

DHS 88.10(5)(b) (b) Grievance procedure. The grievance procedure of the adult family home shall be established in accordance with ch. DHS 94. If a resident is placed or funded by a county agency, the county grievance procedure under s. DHS 94.29 shall be used.

DHS 88.10 Note Note: For information or assistance in developing a ch. DHS 94 grievance procedure, write or phone the appropriate regional office of the Department’s Division of Disability and Elder Services which will refer you to the appropriate office of the Department.

DHS 88.10(5)(c) (c) Assistance with grievance procedure.

DHS 88.10(5)(c)1. 1. Residents have the right to advocacy assistance throughout the grievance process. An adult family home shall assist its residents as needed and enable its residents to have access to the licensing agency, the resident’s service coordinator, if any, the state board on aging and long term care and its ombudsman program, the Wisconsin coalition for advocacy and any other organization providing advocacy assistance, and shall assure the following for representatives of these agencies:

DHS 88.10(5)(c)2. 2. The ability to communicate privately and without restriction with any resident who does not object to the communications.

DHS 88.10(5)(c)3. 3. Access to medical and personal records of the resident, with the consent of the resident or the resident’s guardian, or on the order of the court.

DHS 88.10(5)(c)4. 4. To have available in the home the name, address and phone number of organizations providing advocacy assistance for the type of individual served by the adult family home, and the name, address and phone number of the licensing agency.

DHS 88.10(5)(d) (d) Disclosure. The licensee shall provide a written summary of a resident’s grievance, the findings and the conclusions and any action taken to the resident or the resident’s guardian and the resident’s placing agency, if any, or designated representative, if any, and shall insert the summary in the resident’s record.

DHS 88.10(6) (6) Coercion and retaliation prohibited. Any form of coercion to discourage or prevent a resident or the resident’s guardian or designated representative from exercising any of the rights under this section is prohibited. Any form of coercion or retaliation against a resident or the resident’s guardian or designated representative for exercising any of the rights in this section, or against a service provider who assists a resident or the resident’s guardian or designated representative in exercising any of the resident’s rights in this section, is prohibited.

DHS 88.10 History History: Cr. Register, January, 1996, No. 482, eff. 2-1-96; corrections in (1) and (3) (d) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622; corrections in (1) and (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 10-091: am. (5) (b) Register December 2010 No. 660, eff. 1-1-11; CR 20-068: am. (3) (L) Register December 2021 No. 792, eff. 1-1-22.

DHS 88.11 DHS 88.11 Reporting of abuse and neglect.

DHS 88.11(1) (1) A licensee or service provider who knows or has reasonable cause to suspect that a resident has been abused or neglected as defined in s. 46.90 or 940.285, Stats., shall immediately contact the licensing agency. Providing notice under this subsection does not relieve the licensee or other person of the obligation to report an incident to law enforcement authorities. If the licensee has reason to believe that a crime has been committed, the incident shall immediately be reported to law enforcement authorities.

DHS 88.11(2) (2) The licensing agency shall immediately contact the resident’s guardian, if any, placing agency, if any, service coordinator, if any, and designated representative, if any, regarding any occurrence or suspected occurrence under sub. (1).

DHS 88.11(3) (3) As soon as possible after being contacted under sub. (1) the licensing agency shall undertake an investigation of the reported abuse or neglect.

DHS 88.11(4) (4) If the licensing agency is a county agency and may have a conflict of interest, the licensing agency may enter into an agreement with another agency under s. 46.215, 46.22, 46.23, 51.42 or 51.437, Stats., to perform an independent investigation. The investigating county agency shall comply with the same confidentiality requirements as required of the licensing agency.

DHS 88.11(5) (5) After the investigating agency has completed its investigation, the investigating agency shall notify the parties identified in sub. (2) of its findings and shall, in addition, notify the following agencies if the report of abuse or neglect has been substantiated:

DHS 88.11(5)(a) (a) The licensing agency, if different.