Section DHS 89.27 - Service agreement(1) REQUIREMENT. A residential care apartment complex shall enter into a mutually agreed-upon written service agreement with each of its tenants consistent with the comprehensive assessment under s. DHS 89.26.(2) CONTENTS. A service agreement shall identify all of the following: (a)Services.1. The type, amount and frequency of the services to be provided to the tenant, including services which will be available to meet unscheduled care needs.2. Any additional services which are available for purchase by the tenant.3. The activities and social connections the tenant will be assisted in maintaining.(b)Fees.1. The charge for the services covered by the service agreement, both individually and in total, and the time and amount of any fee increase that will occur during the period covered by the service agreement. Facilities shall remind tenants of any fee increase by written notice 30 days in advance of the effective date.2. Any supplemental fees for services not covered in the service agreement or other agreement between the facility and the tenant.(c)Policies and procedures.1. 'Additional services.'a. Types of additional services which the facility would make available or which the facility would assist in arranging for a tenant during acute episodes, following release from the hospital or during other periods when the tenant may experience temporary needs.b. Policies and procedures regarding services which the tenant arranges to receive from providers other than the residential care apartment complex.2. 'Termination or transfer.' Grounds for termination of the contract between the tenant and the facility or relocation of the tenant to another residence and the procedure for tenant participation in decisions regarding termination and relocation. Conditions for termination contained in the service agreement shall not be contrary to the requirements relating to contract termination contained in s. DHS 89.29 (3).3. 'Tenant's rights.' The residential care apartment complex's policies relating to tenant rights, including at a minimum, the rights identified in subch. III.4. 'Dispute resolution.' The facility's internal grievance procedure for resolving tenant complaints.(3) OTHER SPECIFICATIONS.(a) Only services selected and agreed to by the tenant may be included in the service agreement.(b) A service agreement may not waive any of the provisions of this chapter or other rights of the tenant.(c) The service agreement shall be presented in language and a format that make it possible for tenants to readily identify the type, amount, frequency and cost of services they receive, the qualifications of the staff providing those services and whether the services are provided directly by the facility or by subcontract.(d) The initial service agreement and any renewals of the service agreement shall be dated and signed by a representative of the facility; by the tenant or by the tenant's guardian, if any, and all other persons with legal authority to make health care or financial decisions for the tenant; and by the county for a tenant whose services are funded under s. 46.277, Stats. The facility shall provide a copy of the service agreement to all parties who signed the agreement. Note: Persons with legal authority to make health care or financial decisions for the tenant include agents designated under an activated power of attorney for health care under ch. 155, Stats., and durable power of attorney under ch. 244, Stats.
(e) The service agreement shall be completed by the date of admission.(4) REVIEW AND UPDATE. The service agreement shall be reviewed when there is a change in the comprehensive assessment or at the request of the facility or at the request or on behalf of the tenant and shall be updated as mutually agreed to by all parties to the agreement.Wis. Admin. Code Department of Health Services DHS 89.27
Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.Amended by, CR 23-046: am. (3) (d) Register April 29 No. 820, eff. 5/1/2024