Section 89.34. Rights of tenants.

  A tenant of a residential care apartment complex shall have all the rights listed in this section. These rights in no way limit or restrict any other rights of the individual under the U.S. Constitution, civil rights legislation or any other applicable statute, rule or regulation. Tenant rights are all of the following:

(1)   Courtesy and respect. To be treated with courtesy, respect and full recognition of the tenant's dignity and individuality by all employees of the facility and all employees of service providers under contract to the facility.

(2)   Privacy. To have privacy in his or her independent apartment and when receiving supportive, personal or nursing services.

(3)   Self-direction. To make reasonable decisions relating to activities, daily routines, use of personal space, how to spend one's time and other aspects of life in the residential care apartment complex.

(4)   Management of financial affairs. To manage his or her own financial affairs unless the tenant delegates, in writing, responsibility for financial management to someone of the tenant's choosing or the tenant is adjudicated incompetent, in which case the guardian shall be responsible.

(5)   Service choice. To choose which services are included in the service agreement, including the right to refuse services provided that the refusal would not endanger the health or safety of the other tenants.

(6)   Choice of health care providers. To the facility's noninterference with the tenant's choice of his or her physician and providers of other medical, mental health and pharmaceutical services. A tenant shall not be required to use medical, mental health or pharmaceutical providers who are employed by or affiliated with the facility or to whom the tenant is referred by facility staff. A tenant's choice of providers of supportive, personal and nursing services from providers other than the residential care apartment complex is subject to the requirements of s. DHS 89.24 (2) (b) .

(7)   Furnishings and possessions . To furnish his or her independent apartment and to maintain personal possessions as space permits as long as the tenant does not unreasonably interfere with the other tenants' choices or endanger the health or safety of the other tenants.

(8)   Association . To receive visitors, meet with groups or participate in activities of the tenant's choice, including organizing and participating in tenant or family councils or groups provided that the health or safety of the other tenants is not endangered.

(9)   Mail. To receive and send sealed, unopened mail, including packages. The residential care apartment complex shall give mail to tenants on the day it is received or as soon as possible thereafter.

(10)   Telephone . To have a private telephone properly installed in his or her independent apartment.

(11)   Religion . No tenant may be required to engage in any religious activity.

(12)   Confidentiality of records. To have his or her medical, personal and financial records kept confidential consistent with all applicable federal and state statutes, rules and regulations. For the purposes of registration, certification and administration, staff of the residential care apartment complex, the department, and any county department or aging unit designated to administer the medicaid waiver for those tenants whose services are paid for under s. 46.27 (11) or 46.277 , Stats., shall have access to a tenant's records without the tenant's consent, but may not disclose the information except as permitted by law.

(13)   Access to records . A tenant or tenant's designated representative may inspect, copy and challenge the accuracy of the tenant's records.

(14)   Disclosure of personal information. To have necessary discussion by facility employees regarding one's physical, mental or medical condition, services, payment sources and other personal affairs conducted discreetly, and to not have facility employees, staff or any service provider under contract with the facility indiscreetly disclosing personal information about oneself to other tenants.

(15)   Receipt of services . To receive services consistent with the service agreement and risk agreement.

(16)   Medications. Except as provided for in the service agreement or risk agreement, to have the facility not interfere with the tenant's ability to manage his or her own medications or, when the facility is managing the medications, to receive all prescribed medications in the dosage and at the intervals prescribed by the tenant's physician and to refuse a medication unless there is a court order.

(17)   Safe environment. To a safe environment in which to live.

(18)   Freedom from abuse . To be free from physical, sexual or emotional abuse, neglect or financial exploitation or misappropriation of property by the facility, its staff or any service provider under contract with the facility.

Cr. Register, February, 1997, No. 494 , eff. 3-1-97; am. Register, November, 1998, No. 515 , eff. 12-1-98.