Section 88.10. Resident rights.

 

(1)   Legal rights. A licensee shall comply with all applicable statutes and rules relating to resident rights, including s. 51.61 , Stats., chs. 54 , 55 , and 304 , Stats., and chs. DHS 92 and 94 .

(2)   Explanation of resident rights. The licensee shall explain and provide copies of the resident rights under sub. (3) and the grievance procedure under sub. (5) to the person being admitted, that person's guardian, family members involved in the placement and any designated representative of the person before the service agreement is signed.

(3)   Rights of residents. Individuals, except for correctional residents, have basic rights which they do not lose when they enter an adult family home. A resident shall have all of the following rights:

(a) Fair treatment. To be treated with courtesy, respect and full recognition of the resident's dignity and individuality.

(b) Privacy. To have physical and emotional privacy in treatment, living arrangements and in caring for personal needs, including toileting, bathing and dressing. The resident, resident's room, any other area in which the resident has a reasonable expectation of privacy, and the personal belongings of a resident shall not be searched without the resident's permission or permission of the resident's guardian except when there is a reasonable cause to believe that the resident possesses contraband. The resident shall be present for the search.

(c) Confidentiality. To have his or her records kept confidential as described in s. DHS 88.09 (1) (b) .

(d) Presumption of competency. To be treated as mentally competent unless there has been a court determination of incompetency under ch. 54 , Stats. A resident who has been adjudicated incompetent has a right to have his or her guardian fully informed and involved in all aspects of his or her relationship to the adult family home. A resident who has been adjudicated incompetent shall be allowed decision-making participation to the extent that the resident is capable of participating.

(e) Self-direction. To have opportunities to make decisions relating to care, activities and other aspects of life in the adult family home. No curfew, rule or other restrictions on a resident's freedom of choice shall be imposed unless specifically identified in the home's program statement or the resident's individual service plan. An adult family home shall help any resident who expresses a preference for more independent living to contact any agency needed to arrange for it.

(f) Financial affairs. To manage his or her own financial affairs, including any personal allowances under federal or state programs, unless the resident delegates, in writing, responsibility for financial management to the licensee or someone else of the resident's choosing or the resident is adjudicated incompetent in which case the guardian or guardian's designee is responsible.

(g) Clothing and possessions. To retain and use personal clothing and effects and to retain, as space permits, other personal possessions in a reasonably secure manner.

(h) Social activity choice. To meet with and participate in social and community activities at the resident's own discretion.

(i) Choice of providers. To exercise complete choice of providers of physical health care, mental health care and pharmaceutical services.

(j) Treatment choice. To receive all treatments prescribed by the resident's physician and to refuse any form of treatment unless the treatment has been ordered by a court. The written informed consent of the resident or resident's guardian is required for any treatment administered by the adult family home.

(k) Religion. To participate in religious activities of the resident's choice. No resident may be required to engage in any religious activity.

(L) Safe physical environment. To a safe environment in which to live. The adult family home shall safeguard residents who cannot fully guard themselves from environmental hazards to which they are likely to be exposed, including conditions which would be hazardous to anyone and conditions which would be or are hazardous to a particular resident because of the resident's condition or handicap.

(m) Freedom from abuse. To be free from physical, sexual or mental abuse, neglect, and financial exploitation or misappropriation of property.

(n) Freedom from seclusion and restraints.

1. Except as provided in subd. 2. , to be free from seclusion and from all physical and chemical restraints, including the use of an as-necessary (PRN) order for controlling acute, episodic behavior.

2. Physical restraints may be used in an emergency when necessary to protect the resident or another person from injury or to prevent physical harm to the resident or another person resulting from the destruction of property, provided that law enforcement or other emergency assistance be summoned as soon as possible and the incident is reported to the licensing agency by the next business day with documentation of what happened, the actions taken by the adult family home and the outcomes.

(o) Labor. To not be required by the licensee to perform labor which is of any financial benefit to the licensee.

(p) Prompt and adequate treatment. To receive prompt and adequate treatment and services appropriate to the resident's needs.

(q) Medication. To receive all prescribed medications in the dosage and at the intervals prescribed by the resident's physician, and to refuse medication unless there has been a court order under s. 51.61 (1) (g) , Stats., with a court finding of incompetency.

(r) Mail. To receive and send sealed, unopened mail, including packages. The licensee shall give mail to residents on the day it is received or as soon as possible thereafter, unless the licensee has reasonable cause to believe that the mail being sent or received contains contraband, in which case a resident's mail may be opened by the licensee but only in the presence of the resident.

(s) Telephone calls. To make and receive a reasonable number of telephone calls of reasonable duration and in privacy.

(t) Visits. To have private visitors and have adequate time and private space for visits.

(u) Service charges. To be fully informed in writing before or at the time of admission of all services and charges for the services. Throughout the time a person is a resident of the adult family home, he or she shall be fully informed in writing of any changes in services and related charges at least 30 days before those changes take effect.

(4)   Correctional clients. The rights established under sub. (3) do not apply to a resident under the supervision of the department of corrections except as determined by the department of corrections.

(5)   Resolution of grievances.

(a) Right to file a grievance. A resident or the resident's guardian, if any, or designated representative, if any, may file a grievance if he or she believes that a right of the resident or a provision of this chapter has been violated.

(b) Grievance procedure. The grievance procedure of the adult family home shall be established in accordance with ch. DHS 94 . If a resident is placed or funded by a county agency, the county grievance procedure under s. DHS 94.29 shall be used.

(c) Assistance with grievance procedure.

1. Residents have the right to advocacy assistance throughout the grievance process. An adult family home shall assist its residents as needed and enable its residents to have access to the licensing agency, the resident's service coordinator, if any, the state board on aging and long term care and its ombudsman program, the Wisconsin coalition for advocacy and any other organization providing advocacy assistance, and shall assure the following for representatives of these agencies:

2. The ability to communicate privately and without restriction with any resident who does not object to the communications.

3. Access to medical and personal records of the resident, with the consent of the resident or the resident's guardian, or on the order of the court.

4. To have available in the home the name, address and phone number of organizations providing advocacy assistance for the type of individual served by the adult family home, and the name, address and phone number of the licensing agency.

(d) Disclosure. The licensee shall provide a written summary of a resident's grievance, the findings and the conclusions and any action taken to the resident or the resident's guardian and the resident's placing agency, if any, or designated representative, if any, and shall insert the summary in the resident's record.

(6)   Coercion and retaliation prohibited. Any form of coercion to discourage or prevent a resident or the resident's guardian or designated representative from exercising any of the rights under this section is prohibited. Any form of coercion or retaliation against a resident or the resident's guardian or designated representative for exercising any of the rights in this section, or against a service provider who assists a resident or the resident's guardian or designated representative in exercising any of the resident's rights in this section, is prohibited.

Cr. Register, January, 1996, No. 482 , eff. 2-1-96; corrections in (1) and (3) (d) made under s. 13.93 (2m) (b) 7., Stats., Register October 2007 No. 622 ; corrections in (1) and (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635 ; CR 10-091 : am. (5) (b) Register December 2010 No. 660 , eff. 1-1-11.

Note

These laws may clarify or condition a particular resident's right, depending on the legal status of the resident or a service being received by the resident. Microsoft Windows NT 6.1.7601 Service Pack 1 For information or assistance in developing a ch. DHS 94 grievance procedure, write or phone the appropriate regional office of the Department's Division of Disability and Elder Services which will refer you to the appropriate office of the Department. Microsoft Windows NT 6.1.7601 Service Pack 1