DHS 75.10(2)(a)(a) Caregiver abuse or neglect.
DHS 75.10(2)(a)1.1. When a service receives a report of an allegation of abuse or neglect of a client, or misappropriation of property at the service location, the service shall take immediate steps to ensure the safety of all clients.
DHS 75.10(2)(a)2.2. The service shall investigate and document any allegation of abuse or neglect of a client, or misappropriation of property by a caregiver. If the service’s investigation concludes that the alleged abuse or neglect of a client or misappropriation of property meets the definition of abuse or neglect of a client, or of misappropriation of property, the service shall report the incident to the department on a form provided by the department, within 7 calendar days from the date the service knew or should have known about the abuse, neglect, or misappropriation of property. The service shall maintain documentation of any investigation.
DHS 75.10(2)(b)(b) Other reporting. Filing a report under sub. (1) or (2) does not relieve the service or other person of any obligation to report an incident to any other authority, including law enforcement, the coroner and DSPS.
DHS 75.10(3)(3)Notification of changes affecting a client.
DHS 75.10(3)(a)(a) The service shall immediately notify the client’s legal representative, as applicable, when there is an incident or injury to the client or a significant change in the client’s physical or mental condition.
DHS 75.10(3)(b)(b) The service shall immediately notify the client’s legal representative, as applicable, when there is an allegation of physical, sexual, or mental abuse, or neglect of a client. The service shall notify the client’s legal representative within 72 hours when there is an allegation of misappropriation of property.
DHS 75.10(3)(c)(c) The service shall give the client or the client’s legal representative, as applicable, a 30-day written notice of any change in charges for services that will be in effect for more than 30 days.
DHS 75.10(4)(4)Documentation. All written reports required under this section shall include, at a minimum, the time, date, place, individuals involved, details of the occurrence, and the action taken by the provider to ensure clients’ health, safety and well-being.
DHS 75.10 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.
DHS 75.11DHS 75.11General records and retention.
DHS 75.11(1)(1)The service shall retain all records required under this chapter for 7 years, unless otherwise specified in subs. (2) and (3).
DHS 75.11(2)(2)Client records shall be retained as specified in ch. DHS 92 and in 42 CFR part 2.
DHS 75.11(3)(3)Employee records shall be retained for 3 years following an employee’s separation from employment at the service.
DHS 75.11(4)(4)A service shall have a written policy and procedure for administrative review and maintenance of records related to incident reports.
DHS 75.11 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (1) made under ss. 13.92 (4) (b) 4. and 35.17, Stats., and correction in (2) made under s. 35.17, Stats., Register October 2021 No. 790.
DHS 75.12DHS 75.12Telehealth services.
DHS 75.12(1)(1)All requirements in this chapter shall also be applicable to telehealth services delivered under this chapter.
DHS 75.12(2)(2)Services delivered through telehealth shall be of sufficient quality to be functionally equivalent.
DHS 75.12 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; CR 23-053: am. (2) Register September 2023 No. 813, eff. 10-1-23.
DHS 75.13DHS 75.13Waivers and variances.
DHS 75.13(1)(1)Exception to a requirement.
DHS 75.13(1)(a)(a) The department may grant a waiver or variance if the department determines that the proposed waiver or variance will not jeopardize the health, safety, welfare, or rights of any client.
DHS 75.13(1)(b)(b) A written request for a waiver or variance shall be sent to the department on a form provided by the department and includes justification that the waiver or variance will not adversely affect the health, safety, or welfare of any client for the requested action.
DHS 75.13(1)(c)(c) A written request for a variance shall include a description of an alternative means planned to meet the intent of the requirement.
DHS 75.13(1)(d)(d) In considering whether to approve a waiver or variance, the department will consider whether the requested waiver or variance increases patient access to care or sufficiently supports the efficient and economic operation of a service.
DHS 75.13(2)(2)Rescinding waiver or variance. The department may rescind a waiver or variance if any of the following occurs:
DHS 75.13(2)(a)(a) The department determines the waiver or variance has adversely affected the health, safety, or welfare of a client.
DHS 75.13(2)(b)(b) The service fails to comply with any of the conditions of the waiver or variance as granted.