Wis. Admin. Code Department of Health Services DHS 89.13 - Definitions
In this chapter:
(1) "Residential care apartment complex" or
"facility" means a place where 5 or more adults reside that consists of
independent apartments, each of which has an individual lockable entrance and
exit, a kitchen, including a stove, and individual bathroom, sleeping and
living areas, and that provides, to a person who resides in the place, not more
than 28 hours per week of services that are supportive, personal and nursing
services. "Residential care apartment complex" does not include a nursing home
or a community-based residential facility, but may be physically part of a
structure that is a nursing home or community-based residential
facility.
(2) "Residential care
apartment complex services" means services provided by a residential care
apartment complex, either directly or under contract, to meet needs identified
in a tenant's service agreement, to meet unscheduled care needs or to provide
emergency services 24 hours a day.
(3) "Bathroom" means a room with floor to
ceiling walls and a door which contains a toilet, a sink and a bathtub or
shower.
(4) "Community-based
residential facility" has the meaning specified in s.
50.01(1g),
Stats.
(5) "Comprehensive
assessment" means a systematic procedure for identifying an individual's
physical, health and social needs; preferences; and capacity for
self-care.
(6) "Congregate housing"
means multi-unit rental housing which offers limited social support for
tenants, including meals in a common dining room and space for group social and
recreational activities.
Note: Congregate housing may become a residential care apartment complex if it chooses to offer supportive, personal and nursing services.
(7) "Contract"
means all written agreements between the tenant and the residential care
apartment complex, including the service agreement, the risk agreement and any
rental or sales contract.
(8)
"Department" means the Wisconsin department of health services.
(9) "Designated representative" means anyone
identified by a tenant to represent the tenant in relation to the tenant's
residential care apartment complex. A designated representative may be a family
member, friend, health care agent, guardian or other person named by the
tenant.
(10) "Emergency assistance"
means aid provided in the event of a situation that creates an imminent risk of
serious harm to the health or safety of the person if he or she is not helped
immediately.
(11) "Functionally
distinct area" means a space that can be distinguished from other areas within
the apartment by its actual or intended use. A functionally distinct area need
not be a separate room.
(12)
"Health monitoring" means the assessment of physical, functional and cognitive
status to detect changes that may indicate health problems and to facilitate
appropriate intervention. Health monitoring includes assessment of nutritional
status, confusion, unsteady gait, urinary incontinence, edema of extremities,
fever, hypertension and other conditions.
(13) "Hospice care" means medical or support
services for management of a terminal illness furnished by a hospice as defined
in s. 50.90(1),
Stats.
(14) "Housing for the
elderly" means multi-unit rental housing that is specially designed for and
marketed to older people but does not offer supportive services, personal
services and nursing services to its tenants.
Note: Housing for the elderly may become a residential care apartment complex if it chooses to offer supportive, personal and nursing services.
(15) "Incapable
of making care decisions" means unable to understand one's own needs for
supportive, personal or nursing services; to choose what, if any, services one
wants to receive to meet those needs; and to understand the outcome likely to
result from that choice. The term refers to the ability to make a decision and
not to the content or result of the decision.
(16) "Independent apartment" means an
individual living unit that has its own individual lockable entrance and exit,
kitchen, bathroom, sleeping and living areas.
(17) "Individual lockable entrance and exit"
means a door that provides access to an independent apartment and is equipped
with an individually keyed lock which is operable from both inside and outside
the unit and which the tenant can open, close and lock to ensure
privacy.
(17m) "Involuntary
administration of psychotropic medication" means any of the following:
(a) Placing psychotropic medication in an
individual's food or drink with knowledge that the individual protests receipt
of the psychotropic medication.
(b)
Forcibly restraining an individual to enable administration of psychotropic
medication.
(c) Requiring an
individual to take psychotropic medication as a condition of receiving
privileges or benefits.
(18) "Kitchen" means a visually and
functionally distinct area within the living unit which is intended to be used
exclusively for food preparation and which contains a stove, a refrigerator, a
sink, counter space for food preparation and a place for storage of utensils
and supplies.
(19) "Living area"
means a visually and functionally distinct area within the living unit which is
intended for general use and which is not a bathroom, kitchen or sleeping
area.
(20) "Medical assistance"
means the assistance program under ss.
49.43 to
49.475 and
49.49 to
49.497, Stats., and chs. DHS 101
to 108.
(21) "Medication
administration" means giving or assisting tenants in taking prescription and
nonprescription medications in the correct dosage, at the proper time and in
the specified manner.
(22)
"Medication management" means oversight by a nurse, pharmacist or other health
care professional to minimize risks associated with use of medications.
Medication management includes proper storage of medications; preparation of a
medication organization or reminder system; assessment of the effectiveness of
medications; monitoring for side effects, negative reactions and drug
interactions; and delegation and supervision of medication
administration.
(23) "Nursing home"
has the meaning specified in s.
50.01(3),
Stats.
(24) "Nursing services"
means nursing procedures, excluding personal services, which, according to the
provisions of ch. 441, Stats., the nurse practice act, must be performed by a
registered nurse or as a delegated act under the supervision of a registered
nurse.
(25) "Personal services"
means direct assistance with activities of daily living, including dressing,
eating, bathing, grooming, toileting, transferring and ambulation or
mobility.
(25g) "Protest" means
make more than one discernible negative response, other than mere silence, to
the offer of, recommendation for, or other proffering of voluntary receipt of
psychotropic medication. "Protest" does not mean a discernible negative
response to a proposed method of administration of the psychotropic
medication.
(25r) "Psychotropic
medication" means a prescription drug, as defined in s.
450.01(20),
Stats., that is used to treat or manage a psychiatric symptom or challenging
behavior.
(26) "Recuperative care"
means services provided for a period of 90 days or less which are intended to
assist a person in recovering from an illness, injury, surgery or other acute
condition or to stabilize the health or functioning of the
individual.
(27) "Risk agreement"
means a binding stipulation identifying conditions or situations which could
put the tenant at risk of harm or injury and the tenant's preference for how
those conditions or situations are to be handled.
(28) "Service agreement" means a binding
stipulation between the tenant and the facility which specifies services the
facility will provide and the tenant will accept.
(29) "Sleeping area" means a visually and
functionally distinct area within the living unit which is intended to be used
for sleeping. A sleeping area does not include a bathroom, kitchen or living
area.
(30) "Stove" means a cooking
appliance that is a microwave oven of at least 1000 watts or that consists of
burners and an oven.
(31)
"Supportive services" means assistance with tasks which the tenant cannot
perform for himself or herself as a result of functional limitations, or
one-on-one supervision of the tenant. Supportive services include meals,
housekeeping, laundry, arranging for transportation and arranging for access to
medical services.
(32) "Tenant"
means an individual who resides in and has a service agreement with a
residential care apartment complex.
(33) "Unscheduled care need" means any need
for supportive, personal or nursing services the timing of which cannot be
predicted, such as incontinence care. Unscheduled care needs do not include the
need for emergency assistance.
(34)
"Visually distinct area" means a space which can be distinguished from other
areas within the apartment by sight. A visually distinct area need not be a
separate room.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.