50.03(14)(c)6.
6. Implement the individual relocation plan developed under
subd. 5.
50.03(14)(c)7.
7. Notify the department of its intention to relocate residents. The notice shall state the facts requiring the proposed relocation of residents and the proposed date of closing or changing of the type or level of services or means of reimbursement.
50.03(14)(c)8.
8. At the time the facility notifies the department under
subd. 7., submit to the department a preliminary plan that includes:
50.03(14)(c)8.a.
a. The proposed timetable for planning and implementation of relocations and the resources, policies and procedures that the facility will provide or arrange in order to plan and implement the relocations.
50.03(14)(c)8.b.
b. A list of the residents to be relocated and their current levels of care and a brief description of any special needs or conditions.
50.03(14)(c)8.c.
c. An indication of which residents have guardians and the names and addresses of the guardians.
50.03(14)(c)8.e.
e. A list of the residents whom the facility believes to be incompetent.
50.03(14)(d)
(d) The department shall notify the facility within 10 days after receiving the preliminary plan under
par. (c) 8., if it disapproves the plan. If the department does not notify the facility of disapproval, the plan is deemed approved. If the department disapproves the preliminary plan it shall, within 10 days of notifying the facility, begin working with the facility to modify the disapproved plan. No residents may be relocated until the department approves the preliminary plan or until a modified plan is agreed upon. If a plan is not approved or agreed upon within 30 days of receipt of the notice of relocation, the department may impose a plan that the facility shall carry out. Failure to submit, gain approval for or implement a plan in a timely fashion is not a basis for a facility to declare an emergency under
sub. (5m) (a) 6. or to relocate any resident under
sub. (5m) (g).
50.03(14)(e)
(e) Upon approval of, agreement to or imposition of a plan for relocation, the facility shall establish a date of closing or changing of the type or level of services or means of reimbursement and shall notify the department of the date. The date may not be earlier than 90 days from the date of approval, agreement or imposition if 5 to 50 residents will be relocated, or 120 days from the date of approval, agreement or imposition if more than 50 residents will be relocated.
50.03 History
History: 1975 c. 413;
1977 c. 29,
170,
205,
272,
418,
447;
1979 c. 221;
1981 c. 20,
72,
121;
1981 c. 314 s.
146;
1985 a. 29 ss.
1058,
3202 (56) (a);
1985 a. 176;
1985 a. 182 s.
57;
1985 a. 332 s.
251 (1), (3);
1987 a. 27,
127,
399;
1989 a. 31,
359;
1991 a. 39,
221;
1993 a. 27,
112,
375,
491;
1995 a. 27 ss.
3227 to
3232,
9126 (19);
1997 a. 27,
114.
50.03 Annotation
The department can constitutionally license and regulate community based residential facilities operated by religious organizations that are not exempt under s. 50.01 (1), 1985 stats. [now 50.01 (1g)] or s. 50.03 (9). 71. Atty. Gen. 112.
50.032
50.032
Certification of certain adult family homes. 50.032(1m)(a)(a) No person may operate an adult family home unless the adult family home is certified under this section.
50.032(1m)(b)
(b) A county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 may certify an adult family home that is located in the county. The department shall certify an adult family home in a county that elects not to certify adult family homes.
50.032(2)
(2) Regulation. Standards for operation of certified adult family homes and procedures for application for certification, monitoring, inspection, decertification and appeal of decertification under this section shall be under rules promulgated by the department under
s. 50.02 (2) (am) 1. An adult family home certification is valid until decertified under this section. Certification is not transferable.
50.032(2m)
(2m) Exception. Notwithstanding
s. 50.01 (1g) (b), if an individual served in an adult family home attains 18 years of age and leaves the adult family home on a permanent basis, as defined in rules promulgated by the department, he or she may be replaced for receipt of service by an individual who has a developmental disability, as defined in
s. 51.01 (5).
50.032(2r)
(2r) Reporting. Every 12 months, on a schedule determined by the department, a certified adult family home shall submit an annual report in the form and containing the information that the department requires, including payment of a fee, if any is required under rules promulgated under
s. 50.02 (2) (am) 1. If a complete annual report is not timely filed, the department shall issue a warning to the operator of the certified adult family home. The department may decertify a certified adult family home for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
50.032(3)
(3) Investigation of alleged violations. If the department or a certifying county department under
sub. (1m) (b) is advised or has reason to believe that any person is violating this section or the rules promulgated under
s. 50.02 (2) (am) 1., the department or the certifying county department shall make an investigation to determine the facts. For the purposes of this investigation, the department or the certifying county department may inspect the premises where the violation is alleged to occur. If the department or the certifying county department finds that the requirements of this section and of rules under
s. 50.02 (2) (am) 1. are met, the department or the certifying county department may certify the premises under this section. If the department or the certifying county department finds that a person is violating this section or the rules under
s. 50.02 (2) (am) 1., the department or the certifying county department may institute an action under
sub. (5) or
(6).
50.032(4)
(4) Decertification. A certified adult family home may be decertified because of the substantial and intentional violation of this section or of rules promulgated by the department under
s. 50.02 (2) (am) 1. or because of failure to meet the minimum requirements for certification. The operator of the certified adult family home shall be given written notice of any decertification and the grounds for the decertification. Any adult family home certification applicant or operator of a certified adult family home may, if aggrieved by the failure to issue the certification or by decertification, appeal under the procedures specified by the department by rule under
s. 50.02 (2) (am) 1.
50.032(5)
(5) Injunction. The department or a certifying county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 may commence an action in circuit court to enjoin the operation of an adult family home that is not certified under
sub. (1m) or that is certified and has repeatedly used methods of operation in substantial violation of the rules promulgated under
s. 50.02 (2) (am) 1. or that endanger the health, safety or welfare of any disabled adult receiving care and maintenance in an adult family home.
50.032(6)
(6) Penalties. Any person who violates this section or rules promulgated under
s. 50.02 (2) (am) 1. may be fined not more than $500 or imprisoned for not more than one year in the county jail or both.
50.033
50.033
Licensure of certain adult family homes. 50.033(1m)(a)(a) No person may operate an adult family home unless the adult family home is licensed under this section.
50.033(1m)(b)
(b) A county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 may license an adult family home that is located in the county. The department shall license an adult family home in a county that elects not to license adult family homes.
50.033(2)
(2) Regulation. Standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation under this section shall be under rules promulgated by the department under
s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $75. The fee is payable to the county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437, if the county department licenses the adult family home under
sub. (1m) (b), and is payable to the department, on a schedule determined by the department if the department licenses the adult family home under
sub. (1m) (b).
50.033(2m)
(2m) Reporting. Every 24 months, on a schedule determined by the department, a licensed adult family home shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under
sub. (2). If a complete biennial report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
50.033(3)
(3) Investigation of alleged violations. If the department or a licensing county department under
sub. (1m) (b) is advised or has reason to believe that any person is violating this section or the rules promulgated under
s. 50.02 (2) (am) 2., the department or the licensing county department shall make an investigation to determine the facts. For the purposes of this investigation, the department or the licensing county department may inspect the premises where the violation is alleged to occur. If the department or the licensing county department finds that the requirements of this section and of rules under
s. 50.02 (2) (am) 2. are met, the department or the licensing county department may, if the premises are not licensed, license the premises under this section. If the department or the licensing county department finds that a person is violating this section or the rules under
s. 50.02 (2) (am) 2., the department or the licensing county department may institute an action under
sub. (5).
50.033(4)
(4) License revocation. The license of a licensed adult family home may be revoked because of the substantial and intentional violation of this section or of rules promulgated by the department under
s. 50.02 (2) (am) 2. or because of failure to meet the minimum requirements for licensure. The operator of the licensed adult family home shall be given written notice of any revocation and the grounds for the revocation. Any adult family home licensure applicant or operator of a licensed adult family home may, if aggrieved by the failure to issue the license or by revocation, appeal under the procedures specified by the department by rule under
s. 50.02 (2) (am) 2.
50.033(5)
(5) Injunction. The department or a licensing county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 may commence an action in circuit court to enjoin the operation of an adult family home that is not licensed under
sub. (1m) or that is licensed and has repeatedly used methods of operation in substantial violation of the rules promulgated under
s. 50.02 (2) (am) 2. or that endanger the health, safety or welfare of any adult receiving care and maintenance in an adult family home.
50.033(6)
(6) Penalties. Any person who violates this section or rules promulgated under
s. 50.02 (2) (am) 2. may be fined not more than $500 or imprisoned for not more than one year in the county jail or both.
50.034
50.034
Residential care apartment complexes. 50.034(1)(1)
Certification or registration required. 50.034(1)(a)(a) No person may operate a residential care apartment complex that provides living space for residents who are clients under
s. 46.27 (11) or
46.277 and publicly funded services as a home health agency or under contract with a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 that is a home health agency unless the residential care apartment complex is certified by the department under this section. The department may charge a fee, in an amount determined by the department, for certification under this paragraph. The amount of any fee charged by the department for certification of a residential care apartment complex need not be promulgated as a rule under
ch. 227.
50.034(1)(b)
(b) No person may operate a residential care apartment complex that is not certified as required under
par. (a) unless the residential care apartment complex is registered by the department.
50.034(2)
(2) Rules. The department shall promulgate all of the following rules for the regulation of certified residential care apartment complexes and for the registration of residential care apartment complexes under this section:
50.034(2)(b)
(b) Establishing standards for operation of certified residential care apartment complexes.
50.034(2)(c)
(c) Establishing minimum information requirements for registration and registration application procedures and forms for residential care apartment complexes that are not certified.
50.034(2)(d)
(d) Establishing procedures for monitoring certified residential care apartment complexes.
50.034(2)(e)
(e) Establishing intermediate sanctions and penalties for and standards and procedures for imposing intermediate sanctions or penalties on certified residential care apartment complexes and for appeals of intermediate sanctions or penalties.
50.034(2)(f)
(f) Establishing standards and procedures for appeals of revocations of certification or refusal to issue or renew certification.
50.034(3)
(3) Requirements for operation. A certified or registered residential care apartment complex shall do all of the following:
50.034(3)(a)
(a) Establish, with each resident of the residential care apartment complex, a mutually agreed-upon written service agreement that identifies the services to be provided to the resident, based on a comprehensive assessment of the resident's needs and preferences that is conducted by one of the following:
50.034(3)(a)3.
3. For residents who have private or 3rd-party funding, by the residential care apartment complex.
50.034(3)(b)
(b) Establish a schedule of fees for services to residents of the residential care apartment complex.
50.034(3)(c)
(c) Provide or ensure the provision of services that are sufficient and qualified to meet the needs identified in a resident's service agreement under
par. (a), to meet unscheduled care needs and to provide emergency assistance 24 hours a day.
50.034(3)(d)
(d) Establish, with each resident of the residential care apartment complex, a signed, negotiated risk agreement that identifies situations that could put the resident at risk and for which the resident understands and accepts responsibility.
50.034(4)
(4) Limitation. A nursing home or a community-based residential facility may not convert a separate area of its total area to a residential care apartment complex unless the department first approves the conversion. A nursing home, other than the nursing home operated at the Wisconsin Veterans Home at King, that intends to convert a separate area of its total area to a residential care apartment complex shall also agree to reduce its licensed nursing home beds by the corresponding number of residential care apartment complex residential units proposed for the conversion.
50.034(5)
(5) Use of name prohibited. An entity that does not meet the definition under
s. 50.01 (1d) may not designate itself as a "residential care apartment complex" or use the words "residential care apartment complex" to represent or tend to represent the entity as a residential care apartment complex or services provided by the entity as services provided by a residential care apartment complex.
50.034(6)
(6) Funding. Funding for supportive, personal or nursing services that a person who resides in a residential care apartment complex receives, other than private or 3rd-party funding, may be provided only under
s. 46.27 (11) (c) 7. or
46.277 (5) (e), unless the provider of the services is a certified medical assistance provider under
s. 49.45.
50.034(7)
(7) Revocation of certification. Certification for a residential care apartment complex may be revoked because of the substantial and intentional violation of this section or of rules promulgated by the department under
sub. (2) or because of failure to meet the minimum requirements for certification. The operator of the certified residential care apartment complex shall be given written notice of any revocation of certification and the grounds for the revocation. Any residential care apartment complex certification applicant or operator of a certified residential care apartment complex may, if aggrieved by the failure to issue or renew the certification or by revocation of certification, appeal under the procedures specified by the department by rule under
sub. (2).
50.034 History
History: 1995 a. 27;
1997 a. 13,
252.
50.035
50.035
Special provisions relating to regulation of community-based residential facilities. 50.035(1)
(1)
Personnel training. Each employe of a community-based residential facility shall, within 90 days after the beginning date of employment, receive basic first aid training and other safety training. The department shall indicate acceptable sources from which facility employes may receive this training. The department shall also develop instructional materials for use by facilities concerning acceptable methods of operation and procedures for protecting and serving the needs of facility residents. The department may require that all facility employes complete a program involving these materials and may sell the materials to facilities at cost. In addition, each facility employe shall, within 90 days after the beginning date of employment, receive training in fire prevention and control and evacuation techniques. Each facility shall coordinate its training in fire prevention and control and evacuation techniques with the local fire department.
50.035(2)(a)1.1. Except as provided in
subd. 2., each community-based residential facility shall provide, at a minimum, a low-voltage interconnected smoke detection system to protect the entire facility that, if any detector is activated, either triggers alarms throughout the building or triggers an alarm located centrally.
50.035(2)(a)2.
2. A community-based residential facility that has 8 or less beds may use a radio-transmitting smoke detection system that triggers an audible alarm in a central area of the facility in lieu of the interconnected smoke detection system specified in
subd. 1.
50.035(2)(a)3.
3. The department or the department of commerce may waive the requirement under
subd. 1. or
2. for a community-based residential facility that has a smoke detection or sprinkler system in place that is at least as effective for fire protection as the type of system required under the relevant subdivision.
50.035(2)(b)
(b) No facility may install a smoke detection system that fails to receive the approval of the department or of the department of commerce. At least one smoke detector shall be located at each of the following locations:
50.035(2)(b)2.
2. At the door leading to every enclosed stairway on each floor level.
50.035(2)(b)3.
3. In every corridor, spaced not more than 30 feet apart and not further than 15 feet from any wall.
50.035(2)(b)4.
4. In each common use room, including living rooms, dining rooms, family rooms, lounges and recreation rooms but not including kitchens.
50.035(2)(c)
(c) A community-based residential facility does not have to meet the requirements under
pars. (a) and
(b) prior to May 1, 1985. Beginning on May 1, 1985, the department may waive the requirements under
pars. (a) and
(b) for a community-based residential facility for a period not to exceed 6 months if the department finds that compliance with those requirements would result in an extreme hardship for the facility.
50.035(3)
(3) Manager's presence in facility. 50.035(3)(a)(a) The person responsible for managing a Class C community-based residential facility, or that person's agent, shall be present in the facility at any time that residents are in the facility. The person responsible for managing a Class A or a Class B community-based residential facility, or that person's agent, shall be present in the facility from 7 p.m. to 7 a.m. when residents are in the facility and the person responsible for managing a Class B community-based residential facility, or that person's agent, shall be readily available to the residents of the facility from 7 a.m. to 7 p.m. In this subsection, "Class A, B and C community-based residential facilities" have the meanings provided in
s. HSS 3.41 (1), [HFS 83.05] Wis. adm. code.
50.035 Note
NOTE: The bracketed language indicates the correct cross-reference. Section HSS 3.41, Wis. Adm. Code, was repealed and replaced by s. HFS 83.05, Wis. Adm. Code. There are no Class B licenses under s. HFS 83.05. Corrective legislation is pending.
50.035(3)(b)
(b) The department may waive a requirement under
par. (a) for a community-based residential facility:
50.035(3)(b)1.
1. For a specified period of time, not to exceed one year, if the department finds that compliance with the requirement would result in an unreasonable hardship for the facility and that all of the residents are physically and mentally capable of taking independent action in an emergency; or
50.035(3)(b)2.
2. For a specified period of time if the department finds that the primary purpose of the facility's program is to promote the independent functioning of its residents with minimum supervision.
50.035(4)
(4) Fire notice. The licensee of a community-based residential facility, or his or her designee, shall notify the department and any county department under
s. 46.215 or
46.22 that has residents placed in the facility of any fire that occurs in the facility for which the fire department is contacted. The notice shall be provided within 72 hours after such a fire occurs.
50.035(5)(a)1.b.
b. A device or garment that interferes with an individual's freedom of movement and that the individual is unable to remove easily.
50.035(5)(a)1.c.
c. Restraint by a facility staff member of a resident by use of physical force.
50.035(5)(a)2.
2. "Psychotropic medication" means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.
50.035(5)(b)
(b) No later than 24 hours after the death of a resident of a community-based residential facility, the community-based residential facility shall report the death to the department if one of the following applies:
