Wis. Admin. Code Department of Health Services DHS 89.29 - Admission and retention of tenants
(1) ADMISSION. No
residential care apartment complex may admit any of the following persons,
unless the person being admitted shares an apartment with a competent spouse or
other person who has legal responsibility for the individual:
(a) A person who has a court determination of
incompetence and is subject to guardianship under ch. 54, Stats.
(b) A person who has an activated power of
attorney for health care under ch. 155, Stats.
(c) A person who has been found by a
physician or psychologist to be incapable of recognizing danger, summoning
assistance, expressing need or making care decisions
Note: This requirement is included because tenants need to be competent to understand and express their needs and preferences, enter into a service agreement and understand and accept risk.
(1m) FAMILY
CARE INFORMATION AND REFERRAL. If the secretary of the department has certified
that a resource center, as defined in s.
DHS 10.13
(42), is available for the residential care
apartment complex under s.
DHS
10.71, the residential care apartment complex shall
provide information to prospective residents and refer residents and
prospective residents to the aging and disability resource center as required
under s. 50.034 (5m) and
(5n), Stats., and s.
DHS
10.73.
(2)
RETENTION.
(a) A residential care apartment
complex may retain a tenant whose service needs can be met by the facility or
can be met with services made available by another provider.
(b) A residential care apartment complex may
retain a tenant who becomes incompetent or incapable of recognizing danger,
summoning assistance, expressing need or making care decisions, provided that
the facility ensures all of the following:
1.
That adequate oversight, protection and services are provided for the
individual.
2. That the tenant has
a guardian appointed under ch. 54, Stats., or has an activated power of
attorney for health care under ch. 155, Stats., or a durable power of attorney
under ch. 244, Stats., or both. The activated power of attorney for health care
or durable power of attorney shall, either singly or together, substantially
cover the person's areas of incapacity.
3. That both the service agreement and risk
agreement are signed by the guardian and by the health care agent or the agent
with power of attorney, if any.
Note: Facilities are permitted the option of retaining tenants who become incompetent or incapable of recognizing danger, summoning assistance, expressing need or making care decisions because familiar surroundings and routines are an important component of dementia care and in order to accommodate aging in place.
(c) No owner, operator, staff member or
family member of a person connected with a residential care apartment complex
may serve as a guardian, representative payee or other financial conservator
for a tenant of the facility.
(3) TERMINATION OF CONTRACT.
(a)
Reasons. A residential
care apartment complex may terminate its contract with a tenant when any of the
following conditions apply:
1. Except as
provided under par. (b), the tenant's needs cannot be met at the level of
service which facilities are required to make available to tenants under s.
DHS 89.23
(2).
2. Except as provided under par. (b), the
time required to provide supportive, personal and nursing services to the
tenant exceeds 28 hours per week.
3. Except as provided under par. (b), the
tenant's condition requires the immediate availability of a nurse 24 hours a
day.
4. The tenant is adjudicated
incompetent under ch. 54, Stats., has an activated power of attorney for health
care under ch. 155, Stats., or has been found to be incapable of recognizing
danger, summoning assistance, expressing need or making care decisions by 2
physicians or by one physician and one licensed psychologist who have
personally examined the tenant and signed a statement specifying that the
person is incapable.
5. The
tenant's behavior or condition poses an immediate threat to the health or
safety of self or others. Mere old age, eccentricity or physical disability,
either singly or together, are insufficient to constitute a threat to self or
others.
6. The tenant refuses to
cooperate in an examination by a physician or licensed psychologist of his or
her own choosing to determine his or her health or mental status for the
purpose of establishing appropriateness for retention or termination.
7. The tenant's fees have not been paid,
provided the tenant and the tenant's designated representative, where
appropriate, were notified and given reasonable opportunity to pay any
deficiency.
8. The tenant refuses
to enter into a negotiated risk agreement or refuses to revise the risk
agreement when there is a documented and significant medical reason for doing
so.
9. The presence of any
condition identified as grounds for termination in the service agreement,
provided that these grounds are not inconsistent with requirements contained in
subds. 1. to 8.
(b)
Supplemental services as an alternative to termination. A
residential care apartment complex shall not terminate its contract with a
tenant for a reason under par. (a) 1. to 3. if the tenant arranges for the
needed services from another provider consistent with s.
DHS 89.24 (2)
(b) and any unmet needs or disputes regarding
potentially unsafe situations are documented in a risk agreement.
(c)
Procedures for
termination.
1.
a. Except as provided under subd. 2., a
residential care apartment complex shall provide 30 days advance notice of
termination to the tenant and the tenant's designated representative, if any.
If there is no designated representative, the facility shall notify the county
department of social or human services under s.
46.21,
46.22 or
46.23, Stats.
b. Notice of termination shall include the
grounds for termination and information about how to file a grievance
consistent with the termination and grievance policies and procedures contained
in the service agreement.
c. The
30-day notice period required for termination may include the period covered by
a notice of nonpayment of fees and opportunity to pay any deficiency as
required under par. (a) 7., provided that notice of termination is included
with the notice of non-payment of fees.
2. No 30-day notice is required in an
emergency. In this subdivision, "emergency" means an immediate and documented
threat to the health or safety of the tenant or of others in the
facility.
(d)
Failure to meet requirements of this chapter. If the
requirements of this chapter are violated by either the facility or the tenant,
the party which is not in violation may terminate the contract on 30 days
written notice without financial penalty.
Notes
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