Termination of Residency Agreements

The written admission agreement

It is always an exciting time when a new resident chooses to move into your community! Many hours of work from your team have paid off and now you welcome a new member to the “family”- but it’s not done yet! The state of Wisconsin requires a written admission agreement for every new person moving into a community based residential facility. To avoid potential issues these agreements should always be signed prior to the resident moving in or taking possession of the apartment. Check out the regulations below as to what needs to be included in the written admission agreement:

DHS 83.29 Admission agreement.

(1)  Services and charges.

(a) Definition. In this section, “entrance fee” means a payment required for admission to the CBRF that is in addition to the fees for services and security deposit.

(b) Written information regarding services and charges. Before or at the time of admission, the CBRF shall provide written information regarding services available and the charges for those services to each resident, including persons admitted for respite care, or the resident’s legal representative. This information shall include any charges for services not covered by the daily or monthly rate, any entrance fees, assessment fees and security deposit.

(c) Written notice of any change in services or in charges. 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.

(2) admission agreement requirements. The admission agreement shall be given in writing and explained orally in the language of the prospective resident or legal representative. Admission is contingent on a person or that person’s legal representative signing and dating an admission agreement. The admission agreement shall include all of the following:

(a) An accurate description of the basic services provided, the rate charged for those services and the method of payment.

(b) Information about all additional services offered, but not included in the basic services. The CBRF shall provide a written statement of the fees charged for each of these services.

(c) The method for notifying residents of a change in charges for services.

(d) Terms for resident notification to the CBRF of voluntary discharge. This paragraph does not apply to a resident in the custody of a government correctional agency.

(e) Terms for refunding charges for services paid in advance, entrance fees, or security deposits in the case of transfer, death or voluntary or involuntary discharge.

(f) A statement that the amount of the security deposit may not exceed one month’s fees for services, if a security deposit is collected.

(g) Terms for holding and charging for a resident’s room during a resident’s temporary absence. This paragraph does not apply to a resident in the custody of a government correctional agency.

(h) Reasons and notice requirements for involuntary discharge or transfer, including transfers within the CBRF. This paragraph does not apply to a resident in the custody of a government correctional agency.

(3) Refunds.

(a) The CBRF shall return all refunds due a resident under the terms of the admission agreement within 30 days after the date of discharge.

(b) During the first 6 months following the date of initial admission, the CBRF shall refund the entire entrance fee when the resident is discharged or when the resident meets the terms for notification to the CBRF of voluntary discharge as contained in the CBRF’s admission agreement.

(4) Conflict with this chapter. No statement of the admission agreement may be in conflict with any part of this chapter unless the department has granted a waiver or variance of a provision of this chapter.

Top Takeaways:

  • (a) The CBRF shall return all refunds due to a resident under the terms of the admission agreement within 30 days after the date of discharge.

After you discharge a resident from the CBRF you have certain loose ends that need to be finalized. These obligations must be handled within a period of 30 days post-discharge.

  • (2) admission agreement requirements. The admission agreement shall be given in writing and explained orally in the language of the prospective resident or legal representative. Admission is contingent on a person or that person’s legal representative signing and dating an admission agreement

Often a facility will be cited during an unexpected visit for not keeping a proper record of the written admission agreement. Ensure that your community has a policy in place for 1. Identifying WHEN the contract will be signed and WHO will be present for the signing. 2. Tracking system for resident written admission agreement after completion. (It is recommended to keep a binder or folder for each resident with any documents pertinent to their residency just as you would with a clinical chart).

 

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