Section DHS 75.10 - Investigation, notification, and reporting requirements(1)DEATH REPORTING. (a)Patient death related to physical restraint, psychotropic medication, or suicide. No later than 24 hours after a service becomes aware of the death of a patient, the service shall report the death to the department if there is reasonable cause to believe the death was related to the use of a physical restraint or psychotropic medication, or was a suicide.(b)Patient death related to an accident or injury. When a patient dies as a result of an incident or accident at the service location not related to the use of a physical restraint, psychotropic medication, or suicide, the service shall send a report to the department within 3 working days of the patient's death. Note: Information and forms for statutorily reportable deaths and reporting procedures can be found at: https://www.dhs.wisconsin.gov/regulations/report-death/definitions.htm.
(2)INVESTIGATING AND REPORTING ABUSE, NEGLECT, OR MISAPPROPRIATION of property. (a)Caregiver abuse or neglect.1. When a service receives a report of an allegation of abuse or neglect of a client, or misappropriation of property at the service location, the service shall take immediate steps to ensure the safety of all clients.2. The service shall investigate and document any allegation of abuse or neglect of a client, or misappropriation of property by a caregiver. If the service's investigation concludes that the alleged abuse or neglect of a client or misappropriation of property meets the definition of abuse or neglect of a client, or of misappropriation of property, the service shall report the incident to the department on a form provided by the department, within 7 calendar days from the date the service knew or should have known about the abuse, neglect, or misappropriation of property. The service shall maintain documentation of any investigation.(b)Other reporting. Filing a report under sub. (1) or (2) does not relieve the service or other person of any obligation to report an incident to any other authority, including law enforcement, the coroner and DSPS. (3)NOTIFICATION OF CHANGES AFFECTING A CLIENT. (a) The service shall immediately notify the client's legal representative, as applicable, when there is an incident or injury to the client or a significant change in the client's physical or mental condition.(b) The service shall immediately notify the client's legal representative, as applicable, when there is an allegation of physical, sexual, or mental abuse, or neglect of a client. The service shall notify the client's legal representative within 72 hours when there is an allegation of misappropriation of property.(c) The service shall give the client or the client's legal representative, as applicable, a 30-day written notice of any change in charges for services that will be in effect for more than 30 days.(4)DOCUMENTATION. All written reports required under this section shall include, at a minimum, the time, date, place, individuals involved, details of the occurrence, and the action taken by the provider to ensure clients' health, safety and well-being.Wis. Admin. Code Department of Health Services DHS 75.10
Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (3) (c) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635; CR 09-109: am. (5) Register May 2010 No. 653, eff. 6-1-10; correction in (5) (a), (b) made under s. 13.92(4) (b) 7, Stats., Register November 2011 No. 671.Adopted by, CR 20-047: cr. Register October 2021 No. 790, eff. 10/1/2022This section is created eff. 10-1-22 by CR 20-047.