Wis. Admin. Code Department of Health Services DHS 88.10 - Resident rights
(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.
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.
(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.
(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:
(a)
Fair treatment. To be
treated with courtesy, respect and full recognition of the resident's dignity
and individuality.
(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.
(c)
Confidentiality. To have
his or her records kept confidential as described in s.
DHS 88.09(1)
(b).
(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.
(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.
(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.
(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.
(h)
Social activity
choice. To meet with and participate in social and community
activities at the resident's own discretion.
(i)
Choice of providers. To
exercise complete choice of providers of physical health care, mental health
care and pharmaceutical services.
(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.
(k)
Religion. To participate
in religious activities of the resident's choice. No resident may be required
to engage in any religious activity.
(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.
(m)
Freedom
from abuse. To be free from physical, sexual or mental abuse, neglect,
and financial exploitation or misappropriation of property.
(n)
Freedom from seclusion and
restraints.
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.
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.
(o)
Labor. To not be
required by the licensee to perform labor which is of any financial benefit to
the licensee.
(p)
Prompt
and adequate treatment. To receive prompt and adequate treatment and
services appropriate to the resident's needs.
(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.
(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.
(s)
Telephone calls. To make
and receive a reasonable number of telephone calls of reasonable duration and
in privacy.
(t)
Visits. To have private visitors and have adequate time and
private space for visits.
(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.
(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.
(5) RESOLUTION OF
GRIEVANCES.
(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.
(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.
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.
(c)
Assistance with grievance procedure.
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:
2. The ability to communicate privately and
without restriction with any resident who does not object to the
communications.
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.
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.
(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.
(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.
Notes
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