DHS 83.32 Rights of residents.
(1) LEGAL RIGHTS. (a) Section 50.09, Stats., establishes specific rights for CBRF residents and prescribes mechanisms to resolve resident complaints
and to hold the CBRF licensee accountable for violating resident rights. Other statutes, such as s. 51.61 and chs. 54, 55, 155 and
304, Stats., and ch. DHS 94 may further clarify or condition a particular resident’s right, depending on the legal status of the resident or a service received by the resident. The licensee shall comply with all applicable statutes and rules.
(b) The licensee shall protect the civil rights of residents as these rights are defined in the U.S. Constitution, the Wisconsin
Constitution, the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 504 of the Rehabilitation Act of 1973,
the Fair Housing Amendments Act of 1988, the Americans with Disabilities Act of 1990, and all other applicable federal and state statutes.
(2) EXPLANATION OF RESIDENT RIGHTS, GRIEVANCE PROCEDURE AND HOUSE RULES. (a) Before the admission agreement is signed
by the resident or the resident’s legal representative or at the time of admission, the CBRF shall provide a copy of and explain resident rights, the grievance procedure under s. DHS 83.33 and the
house rules to the person being admitted, the person’s legal representative, and family members of the person. The resident or the resident’s legal representative shall be asked to sign a statement
to acknowledge the receipt of an explanation of resident rights. The CBRF shall document the date and to whom the information
(b) The CBRF shall post copies of resident rights, grievance procedure and house rules in a prominent public place available
to residents, employees and guests.
(3) RIGHTS OF RESIDENTS. Any form of coercion to discourage or prevent a resident or the resident’s legal representative from
Agenda Item X.A – WI Chapter DHS 83 Regulations
Published under s. 35.93, Stats. Updated on the first day of each month. The entire code is always current. The Register date on each page is the date the chapter was last published. Register December 2011 No. 672
exercising any of the rights under this subchapter is prohibited. Any form of retaliation against a resident or the resident’s legal
representative for exercising any of the rights in this subchapter, or against an employee or any other person who assists a resident
or the resident’s legal representative in the exercise of any of the resident rights in this subchapter, is prohibited. The rights established under this subsection do not apply to a resident in the legal
custody of a government correctional agency, except as determined by a government correctional agency. In addition to the rights under s. 50.09, Stats., each resident shall have all of the following rights:
(a) Communications. Make and receive telephone calls within reasonable limits and in privacy. The CBRF shall provide at least
one non−pay telephone for resident use. The CBRF may require residents who make long-distance calls to do so at the resident’s own expense.
(b) Confidentiality. Confidentiality of health and personal information and records, and the right to approve or refuse the release
of that information to any individual outside the CBRF, except when the resident is transferred to another facility or as required by law or third−party payment contracts and except as provided
in s. 146.82 (2) and (3), Stats. The CBRF shall make the record available to the resident or the resident’s legal representative for
review. Copies of the record shall be made available within 30 days, if requested in writing, at a cost no greater than the cost of reproduction.
(c) Free from labor. Not be required by the CBRF to perform labor that is of any financial benefit to the CBRF. The CBRF may
require personal housekeeping of the resident without compensation if it is for therapeutic purposes and is part of, and clearly identified in the resident’s individual service plan.
(d) Freedom from mistreatment. Be free from physical, sexual, and mental abuse and neglect, and from financial exploitation and
misappropriation of property.
(e) Freedom from seclusion. Be free from seclusion.
(f) Freedom from chemical restraints. Be free from all chemical restraints.
(g) Freedom from physical restraints. Be free from physical
restraints except upon prior review and approval by the department upon written authorization from the resident’s primary physician or advanced practice nurse prescriber as defined in s. N 8.02
(2). The department may place conditions on the use of restraint
to protect the health, safety, welfare, and rights of the resident.
(h) Receive medication. Receive all prescribed medications in the dosage and at intervals prescribed by a practitioner. The resident has the right to refuse medication unless the medication is
(i) Prompt and adequate treatment. Receive prompt and adequate treatment that is appropriate to the resident’s needs.
(j) Treatment options. Participate in the planning of care and treatment, be fully informed of care and treatment options and
have the right to refuse any form of care or treatment unless the care or treatment has been ordered by a court.
(k) Self−determination. Make decisions relating to care, activities, daily routines, and other aspects of life which enhance the
resident’s self-reliance and supports the resident’s autonomy and decision-making.
(L) Least restrictive environment. Have the least restrictive conditions necessary to achieve the purposes of the resident’s
admission. The CBRF may not impose a curfew, rule, or other restriction on a resident’s freedom of choice.
(m) Recording, filming, photographing. Not be recorded, filmed, or photographed without informed, written consent by the
resident or resident’s legal representative. The CBRF may take a photograph for identification purposes. The department may photograph, record, or film a resident pursuant to an inspection or investigation under s. 50.03 (2), Stats., without his or her written informed consent.
(n) Safe environment. Live in a safe environment. The CBRF shall safeguard residents from environmental hazards to which it
is likely the residents will be exposed, including both conditions that are hazardous to anyone and conditions that are hazardous to
the resident because of the residents’ conditions or disabilities.
DHS 83.33 Grievance procedure. (1) A CBRF shall have a written grievance procedure and shall provide a copy to
each resident and the resident’s legal representative before or at the time of admission. The grievance procedure shall specify all of the following:
(a) A resident or any individual on behalf of the resident may file a grievance with the CBRF, the department, the resident’s case
manager, if any, the board on aging and long term care, Disability Rights Wisconsin, Inc., or any other organization providing advocacy assistance. The resident and the resident’s legal representative shall have the right to advocate throughout the grievance procedure. The written grievance procedure shall include the name, address and phone number of organizations providing advocacy
for the client groups served, and the name, address and phone number of the department’s regional office that licenses the CBRF.
(b) Any person investigating the facts associated with a grievance shall not have had any involvement in the issue leading to the grievance.
(c) Any form of coercion to discourage or prevent any individual from filing a grievance or in retaliation for having filed a grievance is prohibited.
(d) The CBRF shall provide a written summary of the grievance, the findings and the conclusions and any action taken to the resident or the resident’s legal representative and the resident’s
case manager. The CBRF shall maintain a copy of the investigation.
(2) The CBRF shall follow the grievance procedures under s.
DHS 94.40 for any resident placed or funded by a county department of social services under s. 46.21 or 46.22, Stats., a county
department of human services under s. 46.23, Stats., a county department of community programs, under s. 51.42, Stats., a
county department of developmental disabilities services under s. 51.437, Stats., or for any resident who is receiving protective services or protective placement under ch. 55, Stats.
(3) The CBRF shall assist residents with grievance procedures
as required under this section.
(4) The CBRF shall post in a conspicuous location in the CBRF a poster provided by the board on aging and long term care ombudsman program, concerning the long−term care ombudsman program under s. 16.009 (2) (b), Stats. The poster shall include the name, address and telephone number of the ombudsman’s office. This requirement does not apply to those facilities
exclusively licensed to serve clients under the jurisdiction of a government correctional agency.
DHS 83.34 Resident funds. (1) AUTHORIZATION.
Except for a resident in the custody of a government correctional agency, the CBRF may not obtain, hold, or spend a resident’s
funds without written authorization from the resident or the resident’s legal representative. The resident or the resident’s legal
representative may limit or revoke the authorization at any time by writing a statement that shall specify the effective date of the limitation or revocation.
(2) FUNDS UNDER $200. (a) Upon written authorization, a CBRF may hold no more than $200 cash for use by the resident.
The CBRF may not commingle residents’ funds with the funds or Agenda Item X.A – WI Chapter DHS 83 Regulations
(b) The CBRF shall have a legible, accurate accounting method for tracking residents’ cash and shall include a record of
any deposits, disbursements, and earnings made to or on behalf of the resident. The CBRF shall provide a receipt to the resident or
the resident’s legal representative for all expenditures in excess of $20.
(c) The CBRF shall provide a written report of the resident’s account to the resident or the resident’s legal representative at
least every 6 months. Upon written request from the resident or resident’s legal representative, the CBRF shall provide a written
monthly account of any financial transactions.
(3) FUNDS IN EXCESS OF $200. A CBRF receiving more than $200 of personal funds from a resident shall deposit funds in
excess of $200 in an interest−bearing account in the resident’s name in a savings institution insured by an agency of, or a corporation chartered by, this state or the United States.
(4) FINAL ACCOUNTING. Within 14 days after a resident is discharged, the CBRF shall provide to the resident or the resident’s
legal representative a written final accounting of all the resident’s
funds held by the CBRF and shall disburse any remaining money
to the resident or to the resident’s legal representative.
(5) LIMITATIONS. (a) No CBRF licensee, administrator or employee may do any of the following:
1. Sell to or purchase from a resident or prospective resident, real or personal property.
2. Accept or borrow money from a resident or prospective resident.
3. Be appointed as power of attorney for any resident unless
related to the resident by blood or adoption.
4. Accept gifts from a resident except for gifts of nominal value.
(b) No CBRF, nor any employee on behalf of the CBRF, may accept donations from any resident, except those made by a competent resident or made with the knowledge of the resident’s legal
representative acting within the scope of their authority and only for the benefit of the CBRF. No employee may accept personal
gifts, including monetary gifts, from a resident.
(6) SECURITY DEPOSIT. (a) If a CBRF collects a security deposit, the funds shall be deposited in an interest−bearing
account insured by an agency of, or a corporation chartered by, this state or the United States.
(b) The amount of the security deposit shall not exceed one month’s fees for services.
(c) The CBRF shall keep the security deposit account separate from other funds of the CBRF.
(d) Within 30 days after the resident’s discharge, the security deposit and any interest earned shall be paid to the person who
made the security deposit. Interest paid shall be the actual interest earned.
(7) TRANSFER OF FINANCIAL RESPONSIBILITY. When a change of ownership of the CBRF occurs, the transferor shall:
(a) Notify the transferee in writing of any financial relationships between the transferor and residents.
(b) Notify each resident or legal representative in writing where any financial relationship exists between the transferor and
residents of the pending transfer.
(8) AUDIT. A CBRF handling residents’ funds under this section is subject to an accounting audit as ordered by the department.
The accounting audit shall be completed by a certified public accountant paid for by the CBRF.