Section 134.32. Community organization access.

 

(1)   Access.

(a) Definition. In this section, "access" means the right of a community organization to:

1. Enter any facility;

2. Ask a resident's permission to communicate privately and without restriction with the resident;

3. Communicate privately and without restriction with any resident who does not object; and

4. Inspect the health care, treatment and other records of a resident if permitted under ss. 51.30 and 146.81 to 146.83 , Stats. Access does not include the right to examine the business records of the facility without the consent of the administrator or designee.

(b) Right to access. An employee, agent or designated representative of a community legal services program or community service organization who meets the requirements of sub. (2) shall be permitted access to any facility whenever visitors are permitted under the written visitation policy permitted by s. DHS 134.31 (3) (a) 3. , but not before 8:00 a.m. nor after 9:00 p.m.

(2)   Conditions.

(a) Identification. The employee, agent or designated representative of the community organization shall, upon request of the facility's administrator or the administrator's designee, present valid and current identification signed by the principal officer of the organization represented, and evidence of compliance with par. (b) .

(b) Purpose. The facility shall grant access for visits which are for the purpose of:

1. Talking with or offering personal, social or legal services to any resident or obtaining information from a resident about the facility and its operations;

2. Informing residents of their rights and entitlements and their corresponding obligations under federal and state law, by means of educational materials and discussions in groups or with individual residents;

3. Assisting residents in making claims for public assistance, medical assistance or social security benefits to which they are entitled, and in all matters in which a resident may be aggrieved; or

4. Engaging in any other method of advising and representing residents in order to ensure that they have full enjoyment of their rights.

Cr. Register, June, 1988, No. 390 , eff. 7-1-88.

Note

Assistance under subd. 3. may include organizational activity, counseling or litigative assistance. Microsoft Windows NT 6.1.7601 Service Pack 1