Section 134.53. Removal from the facility.

 

(1)   Scope. The provisions of this section shall apply to all transfers, discharges and leaves of residents from facilities except that the removal of residents when a facility closes is governed by s. 50.03 (14) , Stats.

(2)   Reasons for removal. No resident may be temporarily or permanently transferred or discharged from a facility, except:

(a) Voluntary removal. Upon the request or with the informed consent of the resident or guardian;

(b) Involuntary removal.

1. For nonpayment of charges, following reasonable opportunity to pay any deficiency;

2. If the resident requires care that the facility is not licensed to provide;

3. If the resident requires care that the facility does not provide and is not required to provide under this chapter;

4. For medical reasons as ordered by a physician;

5. In case of a medical emergency or disaster;

6. For the resident's welfare or the welfare of other residents;

7. If the resident does not need FDD care;

8. If the short-term care period for which the resident was admitted has expired; or

9. As otherwise permitted by law.

(3)   Alternate placement. Except for removals under sub. (2) (b) 5. , no resident may be involuntarily removed unless an alternative placement is arranged for the admission of the resident pursuant to sub. (4) (c) .

(4)   Permanent involuntary removal.

(a) Consultation. Before a decision is made to transfer or discharge a resident under sub. (2) (b) , facility staff shall meet with the resident's parent or guardian, if any, and any other person the resident decides should be present, to discuss the need for and alternatives to the transfer or discharge.

(b) Notice. The facility shall provide the resident, the resident's family or guardian or other responsible person, the appropriate county department designated under s. 46.23 , 51.42 or 51.437 , Stats., and, if appropriate, the resident's physician, with at least 30 days notice before making a permanent removal under sub. (2) (b) , except under sub. (2) (b) 5. or if the continued presence of the resident endangers his or her health, safety or welfare or that of other residents.

(c) Removal procedures.

1. Unless circumstances posing a danger to the health, safety or welfare of a resident require otherwise, at least 7 days before the planning conference required by subd. 2. , the resident, guardian, if any, the appropriate county department designated under s. 46.23 , 51.42 or 51.437 , Stats., and any person designated by the resident, including the resident's physician, shall be given a notice containing the time and place of the conference, a statement informing the resident that any persons of the resident's choice may attend the conference and the procedure for submitting a complaint to the department about the prospective removal.

2. Unless the resident is receiving respite care or unless precluded by circumstances posing a danger to the health, safety or welfare of a resident, prior to any permanent involuntary removal under sub. (2) (b) , a planning conference shall be held at least 14 days before removal with the resident, the resident's guardian, if any, any appropriate county agency and any persons designated by the resident, including the resident's physician or the facility QMRP, to review the need for relocation, assess the effect of relocation on the resident, discuss alternative placements and develop a relocation plan which includes at least those activities listed in subd. 3.

3. Removal activities shall include:

a. Counseling the resident about the impending removal;

b. Making arrangements for the resident to make at least one visit to the potential alternative placement facility and to meet with that facility's admissions staff, unless this is medically contraindicated or the resident chooses not to make the visit;

c. Providing assistance in moving the resident and the resident's belongings and funds to the new facility or quarters; and

d. Making sure that the resident receives needed medications and treatments during relocation.

(d) Transfer and discharge records. Upon removal of a resident, the documents required by s. DHS 134.47 (4) (k) shall be prepared and provided to the facility admitting the resident, along with any other information about the resident needed by the admitting facility. When a resident is permanently released, the facility shall prepare and place in the resident's record a summary of habilitative, rehabilitative, medical, emotional, social and cognitive findings and progress and plans for care.

(5)   Voluntary discharge. When a discharge is voluntary and expected to be permanent, the facility shall, prior to the removal:

(a) Counsel the resident, the parent of a minor resident or the guardian who requests the discharge concerning the advantages and disadvantages of the discharge;

(b) Under the guidance and recommendations of the facility's interdisciplinary team, make necessary arrangements for appropriate services, including post-discharge planning, protective supervision and follow-up services, during relocation and in the new environment;

(c) Advise the resident who is to be discharged at his or her own request of additional assistance available under sub. (4) (c) 3. , and provide that assistance upon request; and

(d) Notify the appropriate county department designated under s. 46.23 , 51.42 or 51.437 , Stats.

(6)   Bedhold. If a resident on leave or temporarily discharged expressed the intention on leaving or being discharged of returning to the facility under the terms of the facility's admission statement for bedhold, the resident may not be denied readmission unless at the time readmission is requested, a condition of sub. (2) (b) exists. The facility shall hold a resident's bed until the resident returns unless the resident waives his or her right to have the bed held or 15 days has passed following the beginning of leave or temporary discharge.

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

Note

The discharge planning conference requirement for a resident receiving recuperative care is found in s. DHS 134.70 (6) . Microsoft Windows NT 6.1.7601 Service Pack 1