DHS 83.04 Licensing categories.
The department shall license each CBRF as follows:
(1) SIZE. (a) A CBRF for 5 to 8 residents is a small CBRF.
(b) A CBRF for 9 to 20 residents is a medium CBRF.
(c) A CBRF for 21 or more residents is a large CBRF.
(2) CLASSIFICATION. (a) Class A ambulatory. A class A ambulatory CBRF serves only residents who are ambulatory and who are mentally and physically capable of responding to a fire alarm
by exiting the CBRF without any help or verbal or physical prompting.
(b) Class A semi−ambulatory (AS). A class A semi−ambulatory CBRF serves only residents who are ambulatory or semi−ambulatory and who are mentally and physically capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
(c) Class A non−ambulatory (ANA). A class A non−ambulatory CBRF serves residents who are ambulatory, semi−ambulatory or non−ambulatory and who are mentally and physically
capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
(d) Class C ambulatory (CA). A class C ambulatory CBRF serves only residents who are ambulatory but one or more of
whom are not mentally capable of responding to a fire alarm by exiting the CBRF without any help or verbal or physical prompting.
(e) Class C semi−ambulatory (CS). A class C semi−ambulatory CBRF serves only residents who are ambulatory or semi−ambulatory, but one or more of whom are not physically or mentally
capable of responding to a fire alarm by exiting the CBRF without
help or verbal or physical prompting.
DHS 83.05 Application requirements. (1) No person may conduct, maintain, operate or permit to be maintained or
operated a CBRF unless the CBRF is licensed by the department.
A person who assumes ownership interest in a CBRF regardless of whether the transfer includes title to the real estate, or changes
the location of the CBRF shall complete an application as required under sub. (2).
(2) An application for initial licensure shall be on a form provided by the department and shall be accompanied by all of the
following:
(a) A program statement as specified under s. DHS 83.06 (1).
(b) A floor plan specifying dimensions of the CBRF, exits, and planned room usage.
(c) A fire inspection form.
(d) All required fees.
(e) A balance sheet.
(f) Evidence that the applicant has 60 days of projected operating funds in reserve.
(g) Any additional information requested by the department.
(3) The applicant shall provide evidence to the department that the license applicant has made a good faith effort to establish
a community advisory committee under s. 50.03 (4) (g), Stats.
(4) A CBRF may not be located on a parcel of land zoned for
commercial, industrial or manufacturing use.
DHS 83.06 Program statement.
(1) CONTENT. The program statement shall accurately include all of the following:
(a) The name of the licensee, the administrator, and the staff position in charge when the licensee or administrator is away from
the CBRF.
(b) Employee availability, including 24-hour staffing patterns and the availability of a licensed nurse, if any.
(c) The resident capacity of the CBRF.
(d) The class of the CBRF under s. DHS 83.04 (2).
(e) The client group to be served. If serving more than one client group, the program statement shall include an explanation acceptable to the department of how the client groups are compatible with one another.
(f) A complete description of the program goals and services
consistent with the needs of residents.
(g) Limitations of services, including the criteria for determining who may reside in the CBRF.
(h) Respite care services, if provided.
(2) AVAILABILITY. (a) Before finalizing an agreement to provide care, the CBRF shall provide its program statement to each
a person seeking placement or to the person’s legal representative. CBRFs serving only clients of a government correctional agency
are exempt from this paragraph.
(b) The program statement shall be available to employees, to
residents and to any other person upon request.
(3) CHANGE IN PROGRAM STATEMENT. Any change in the program statement content under sub. (1) shall be submitted to the
department at least 30 days before its effective date.
DHS 83.07 Fit and qualified.
(1) ELIGIBILITY. An applicant may not be licensed unless the department determines the applicant is fit and qualified to operate a CBRF.
(2) STANDARDS. In determining whether a person is fit and
qualified, the department shall consider all of the following:
(a) Compliance history. Compliance history with Wisconsin or any other state’s licensing requirements and with any federal
certification requirements, including any license revocation or denial.
(b) Criminal history. Arrest and criminal records, including
any of the following:
1. Crimes or acts involving abuse, neglect, or mistreatment of
a person or misappropriation of property of the person.
2. Crimes or acts subject to elder abuse reporting under s.
46.90, Stats.
3. Crimes or acts related to the manufacture, distribution, prescription, use, or dispensing of a controlled substance.
4. Fraud or substantial or repeated violations of applicable
laws and rules in the operation of any health care facility or in the
care of dependent persons.
5. A conviction or pending criminal charge which substantially relates to the care of adults or minors, to the funds or property of adults or minors, or to the operation of a residential or health care facility.
(c) Financial history. Financial stability, including:
1. Financial history and financial viability of the owner or
related organization.
2. Outstanding debts or amounts due to the department or other government agencies, including unpaid forfeitures and fines.
History: CR 07−095: cr. Register January 2009 No. 637, eff. 4−1−09.
DHS 83.08 Department action. (1) INITIAL LICENSE.
(a)Within 70 days after receipt of a complete application, the department shall either approve or deny the license. The initial license
issued by the department to an applicant may be a probationary license.
(b) A probationary or regular license issued by the department
shall be only for the premises and persons named in the application. A license may not be transferred or assigned.
(c) A probationary license may be valid for up to 12 months,
unless sooner revoked.
(d) A regular license is valid until suspended or revoked by the
department.
(2) LICENSE DENIAL. The department shall deny a probationary or regular license to any applicant who does not substantially
comply with any provision of this chapter or ch. 50, Stats., or who
is not fit and qualified as specified in s. DHS 83.07 or who has
failed to pay any fee or any outstanding amounts due to the department. The department shall provide the reasons for denial and the
process for appeal of the denial in a written notice to the applicant.
(3) LICENSE REVOCATION. The department may revoke a
license for any of the reasons and under the conditions specified
under s. 50.03 (5g) (d) to (g), Stats.
DHS 83.09 Biennial report and fees.
Every 24 months, on a date determined by the department, the licensee shall submit
a biennial report on the form provided by the department, and shall
submit payment of the license continuation fees.
DHS 83.10 Change of ownership. (1) DUTIES OF THE
TRANSFEROR. (a) The transferor shall notify the department within
30 days before the final change of ownership of a CBRF and shall
include the name and contact information of the transferee.
(b) The transferor remains responsible for the operation of the
CBRF until the department issues a license to the transferee,
unless the CBRF voluntarily closes, and relocates all residents.
(c) The transferor shall disclose to the transferee any existing
department waiver, variance, or outstanding deficiencies. The
The Transferee shall apply for the continuation of any existing waivers or
variances, if necessary.
(d) The transferor shall follow the requirements for transferring financial responsibility under s. DHS 83.34 (7).
(e) The transferor shall remain liable for all forfeitures
assessed against the facility which is imposed for violations
occurring prior to the transfer of ownership.
(f) The transferor shall notify residents or resident’s legal representatives no less than 7 days in advance of the transfer of ownership.
(2) DUTIES OF THE TRANSFEREE. (a) When there is a change of
ownership, the transferee shall notify the department of the transfer, and shall submit a complete application as required under s.
DHS 83.05 at least 30 days prior to the final transfer date.
(b) If there is less than 30 days notice given to residents of transfer of ownership, neither the transferor nor the transferee
may enforce any advanced notice requirements for discharge as specified in any resident’s admission agreement.
(3) TRANSFERABILITY. (a) The department shall issue a license
only for the premises and persons named in the license application. A license may not be transferred or reassigned.
(b) The licensee shall notify the department in writing at least
30 days before the effective date of any of the following changes:
1. Removing, adding or substituting an individual as a partner
in the association, dissolving the existing partnership and creating
a new partnership.
2. Removing, adding, or substituting any member in a limited
liability company.
3. Making a change in a corporate structure under which the
same corporation no longer continues to be responsible for making operational decisions or for the consequences of those decisions.
to close shall notify the department in writing at least 30 days
before closing and comply with the requirements under s. 50.03
(5m), Stats., and s. DHS 83.31.
(2) If a CBRF is closing, intends to close, or changes its type
or level of service or means of reimbursement and will relocate 5
residents or 5% of the CBRF’s residents, whichever is greater, the
CBRF shall follow the procedures under s. 50.03 (14), Stats.
(3) The CBRF shall surrender the license to the department
when the CBRF closes.
DHS 83.12 Investigation, notification, and reporting requirements.
(1) DEATH REPORTING. (a) Resident death related to physical restraint, psychotropic medication or suicide.
No later than 24 hours after the death of a resident, the CBRF shall report the death to the department if there is reasonable cause to
believe the death was related to the use of physical restraint or psychotropic medication or was a suicide.
(b) Resident death related to an accident or injury. When a resident dies as a result of an incident or accident not related to the use of physical restraint, psychotropic medication, or suicide,
the CBRF shall send a report to the department within 3 working days of the resident’s death.
(c) Resident death due to natural causes. A CBRF is not required to report a death to the department if the death is the result
of natural causes, and none of the circumstances surrounding the death involves a condition under par. (a) or (b).
(2) INVESTIGATING AND REPORTING ABUSE, NEGLECT, OR MISAPPROPRIATION OF PROPERTY. (a) Caregiver. 1. When a CBRF
receives a report of an allegation of abuse or neglect of a resident, or misappropriation of property, the CBRF shall take immediate
steps to ensure the safety of all residents.
2. The CBRF shall investigate and document any allegation of abuse or neglect of a resident, or misappropriation of property
by a caregiver. If the CBRF’s investigation concludes that the alleged abuse or neglect of a resident or misappropriation of
the property meets the definition of abuse or neglect of a resident, or of misappropriation of property, the CBRF shall report the incident to the department on a form provided by the department,
within 7 calendar days from the date, the CBRF knew or should have known about the abuse, neglect, or misappropriation of
property. The CBRF shall maintain documentation of any investigation..
(b) Non−caregiver or resident. When there is an allegation of abuse or neglect of a resident, or misappropriation of property by
a non−caregiver or resident, the CBRF shall follow the elder abuse reporting requirements under s. 46.90, Stats., or the adult at risk
requirements under s. 55.043, Stats., whichever is applicable.
(c) Other reporting. Filing a report under sub. (1) or (2) does not relieve the licensee or other person of any obligation to report
an incident to any other authority, including law enforcement and the coroner.
(3) INVESTIGATING INJURIES OF UNKNOWN SOURCES. (a) A
CBRF shall investigate any of the following:
1. An injury that was not observed by any person.
2. The source of an injury to a resident that cannot be adequately explained by the resident.
3. An injury to a resident that appears suspicious because of
the extent of the injury or the location of the injury on the resident.
(b) The CBRF shall maintain documentation of each investigation of an injury referenced under par. (a). The CBRF shall
report the incident as required under sub. (2).
(4) OTHER REPORTING AND NOTIFICATION REQUIREMENTS. A
CBRF shall send a written report to the department within 3 working days after any of the following occurs:
(a) Any time a resident’s whereabouts are unknown, except those instances when a resident who is competent chooses not to
disclose his or her whereabouts or location to the CBRF, the CBRF shall notify the local law enforcement authority immediately upon
discovering that a resident is missing. This reporting requirement does not apply to residents under the jurisdiction of the government
correctional agencies or persons recovering from substance abuse.
(b) Any time law enforcement personnel are called to the CBRF as a result of an incident that jeopardizes the health, safety,
or welfare of residents or employees. The CBRF’s report to the department shall provide a description of the circumstances
requiring the law enforcement intervention. This reporting requirement does not apply to residents under the jurisdiction of
government correctional agencies.
(c) Any incident or accident resulting in serious injury requiring hospital admission or emergency room treatment of a resident.
(d) A catastrophe occurs resulting in damage to the CBRF.
(e) A fire occurs on the premises of the CBRF.
(f) Any time the CBRF must evacuate and temporarily relocate
residents and employees from the CBRF for reasons other than a
fire drill.
(5) NOTIFICATION OF CHANGES AFFECTING A RESIDENT. (a) The
CBRF shall immediately notify the resident’s legal representative
and the resident’s physician when there is an incident or injury to the resident or a significant change in the resident’s physical or
mental condition.
(b) The CBRF shall immediately notify the resident’s legal
representative when there is an allegation of physical, sexual or
mental abuse, or neglect of a resident. The CBRF shall notify the
resident’s legal representative within 72 hours when there is an
allegation of misappropriation of property.
(c) The CBRF shall give the resident or the resident’s legal representative a 30−day written notice of any change in services
available or in charges for services that will be in effect for more
than 30 days.
(6) 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 residents’ health, safety, and well−being.
DHS 83.13 General records, retention, and posting.
(1) GENERAL RECORDS. The CBRF shall maintain documentation
of all of the following:
(a) Investigations and reports of all allegations of abuse or neglect of a resident, or misappropriation property as required under s. DHS 83.12 (2).
(b) Investigations and reports of all injuries of unknown source as required under s. DHS 83.12 (3).
(c) Employees’ schedules as required under s. DHS 83.36 (2).
(d) Maintenance of the heating system as required under s. DHS 83.46 (1) (c).
(e) Flue maintenance as required under s. DHS 83.46 (1) (e).
(f) Results of the annual well water testing as required under
s. DHS 83.46 (3), if the CBRF does not use a public water supply.
(g) Dates, times, and total evacuation times of quarterly fire
drills as required under s. DHS 83.47 (2) (d).
(h) Residents’ evacuation time and type of assistance as
required under s. DHS 83.47 (2) (d).
(i) Results of the annual fire inspection as required under s. DHS 83.47 (3).
(j) Results of the CBRF’s smoke and heat detection system
testing as required under s. DHS 83.48 (3).
(k) Results of testing and maintenance of the smoke and heat detection system in a building with multiple occupancies as
required under s. DHS 83.57 (1) (c).
(2) RECORDS RETENTION. (a) The CBRF shall retain all
records required under this chapter for 2 years unless otherwise specified under pars. (b) to (d).
(b) Resident records shall be retained for 7 years following the
date of a resident’s final discharge.
(c) Employee records shall be retained for 3 years following an employee’s separation from employment at the CBRF.
(d) Dated menus shall be retained for 60 days.
(3) POSTING. The CBRF shall post all of the following:
(a) CBRF license, any statement of deficiency, a notice of revocation, and any other notice of enforcement action as required
under s. DHS 83.14 (2) (h).
(b) House rules, resident rights, and grievance procedures as
required under s. DHS 83.32 (2) (b).
(c) The poster provided by the board on the aging and long-term
care ombudsman program as required under s. DHS 83.33 (4).
(d) Activity schedule as required under s. DHS 83.38 (1) (c).
(e) The CBRF’s exit diagram as required under s. DHS 83.47
(2) (b).
(f) Emergency phone numbers as required under s. DHS 83.47
(2) (h).