Section DHS 82.03 - Certification(1) CERTIFICATION REQUIREMENTS. No person may operate an adult family home unless a certifying agency certifies that the home is in compliance with all requirements of s. 50.032, Stats., and this chapter.(2) APPLICATION FOR CERTIFICATION.(a) Application for certification shall be made on a department-approved form provided by the certifying agency. The application form shall be signed by the applicant. Note: To obtain a copy of the application form, contact the certifying agency in the county in which the prospective family home is located or write or call: Resident Care Review Section, Bureau of Quality Assurance, Division of Disability and Elder Services, P.O. Box 2969, Madison, WI 53701-0309; (608) 266-8481.
(b) No applicant previously denied certification or whose certificate was revoked may reapply for certification within 2 years after the effective date of the notice of denial or revocation unless the applicant documents to the satisfaction of the certifying agency that the condition which caused the denial or revocation has been corrected.(c) Before an applicant for an initial certificate may be certified to operate an adult family home, the applicant shall submit an application form and any other documentation required by this chapter or requested by the certifying agency to determine whether the applicant complies with this chapter.(3) APPROVAL PROCESS. The certifying agency shall review the application and supporting documents, interview the applicant and conduct an on-site visit of the home to determine if the requirements for certification set out in this chapter are met. If the requirements for certification set out in this chapter are met, the certifying agency shall issue a certificate of approval to the applicant for the home and shall inform the department that it has issued the certification of approval. If the requirements for certification are not met and, therefore, the certifying agency does not issue a certificate of approval, the applicant and each resident's service coordinator shall be given notice of the decision not to certify the home. The notice to the applicant shall clearly and concisely state the reasons for not approving the application and shall inform the applicant of the opportunity for an administrative review under sub. (7) of the non-approval decision. The certifying agency shall issue the certificate of approval or the notice of denial within 60 days after having received a complete application, all supporting documents and following the on-site visit.(4) CERTIFICATION AND RECERTIFICATION. (a) An adult family home certification is valid indefinitely unless suspended or revoked.(b) Every 12 months, on a schedule determined by the department, a certified adult family home shall submit an annual report to the certifying agency in the form and containing the information that the department requires. If a complete annual report is not timely filed, the certifying agency shall issue a warning to the sponsor of the certified adult family home. If a certified adult family home that has not filed a timely report fails to submit a complete report to the certifying agency within 60 days after the date established under the schedule determined by the department, the certifying agency may decertify the adult family home.(c) The sponsor shall report to the certifying agency any of the following changes within 7 days after it occurs and the certifying agency may require an application for recertification: 1. A substantive change in the type or amount of services the sponsor offers to provide if the change adversely affects any resident who needs the service;2. A change in household members; or3. A change in the sponsor's or substitute provider's legal status because he or she has been charged with or convicted of any crime which is substantially related to caring for dependent persons.(d) Certification is not transferable to another sponsor or to another private residence.(e) The certifying agency may, without notice to the sponsor, visit the home at any time during the period of certification to evaluate the status of resident health, safety or welfare or to determine if the sponsor continues to comply with this chapter. The sponsor shall provide the certification agency access to the home.(f) The certifying agency may request fire, health, sanitation or safety officials to inspect the home and premises to assist in evaluating the safety of the home.(5) EXCEPTIONS TO CERTIFICATION STANDARDS. The certifying agency may grant an exception to any requirement in this chapter except a resident right under s. DHS 82.10 if the sponsor requests the exception in writing and presents a convincing argument that the proposed exception will not jeopardize the health, safety or welfare of residents or violate the rights of residents. The certifying agency shall respond in writing to a request for an exception and shall send the department a copy of the request and its response. An exception may be granted only when strict enforcement would result in hardship for the sponsor, if the exception does not adversely affect the ability of the sponsor or the home to meet the resident's needs and if the exception will not jeopardize the health, safety or welfare of residents or violate the rights of residents. Pursuant to the authority granted to the department in s. 50.02(1), Stats., the department may, within 45 days following receipt of a certifying agency's affirmative response to a request for exception, reverse or modify the exception. The department shall give written notice to the certifying agency and the sponsor of its decision to reverse or modify the certifying agency's decision to grant the exception. Any exception cited in the approval may remain in effect for no longer than one year from the date of approval at which time the certifying agency shall determine if there is continued justification for the exception. The certifying agency may impose conditions or time limitations on an exception. Violation of the conditions under which the exception is granted constitutes a violation of these rules.(6) DECERTIFICATION. (a) The certifying agency, after giving written notice to the sponsor, may decertify an adult family home if the certifying agency finds that the sponsor has substantially and intentionally violated or does not comply with s. 50.032, Stats., or any provision of this chapter.(b) The notice under par. (a) shall include a clear and concise statement of the basis for decertification, including the specific requirements that have not been met or which have been violated and a notice of the opportunity for an administrative review under sub. (7) of the decertification decision. (7) ADMINISTRATIVE REVIEW. If an applicant or sponsor desires to contest a decision not to certify a home under sub. (3) or to decertify a home under sub. (6), the applicant or sponsor shall, within 15 calendar days after the date of the notice of the decision, submit to the certifying agency a written request for an administrative review of the decision. The request shall include the applicant's or sponsor's reason why he or she disagrees with the action. The administrator of the certifying agency or his or her designee shall review the facts and send a written decision to the applicant or sponsor and, if the certifying agency is not the department, to the department, within 30 calendar days after receipt of the request for review. If the certifying agency is not the department, the applicant or sponsor may, within 15 calendar days after the date of the certifying agency's decision, submit to the department a written request for an administrative review of the applicant or sponsor's original request and the certifying agency's decision. The department shall review the facts and send a written decision to the applicant or sponsor and to the certifying agency within 45 calendar days after the receipt of the request for review. The department's decision shall be final.Wis. Admin. Code Department of Health Services DHS 82.03
Cr. Register, December, 1989, No. 408, eff. 1-1-90; am. (2) (a), (7), r. and recr. (4) (a) and (b), Register, August, 2000, No. 536, eff. 9-1-00.