Section DHS 89.56 - Intermediate sanctions and penalties(1) NOTICE OF VIOLATION. The department shall issue a written notice of violation when it finds that a certified residential care apartment complex is in violation of this chapter. The notice shall explain the grounds for the notice of violation, the sanctions or penalties to be imposed, if any, and the process for appeal.(2) PLAN OF CORRECTION. A residential care apartment complex shall submit a written plan of correction to the department within 30 days after the date of the notice of violation. The department may specify a time period of less than 30 days for submittal of the plan of correction when it determines that the violation may be harmful to the health, safety, welfare or rights of tenants.(3) SANCTIONS. The department may order one or more of the following sanctions:(a) That the facility stop violating the applicable provisions of this chapter.(b) That the facility submit, implement and comply with a plan of correction for violations, subject to department review and approval. The department may require the plan of correction to be submitted and implemented within a time period specified by the department and may require modifications to the facility's proposed plan of correction.(c) That the facility comply with a plan of correction developed and imposed by the department.(d) That the facility stop admissions until the violations are corrected.(e) That the facility provide or secure training for its service manager or other staff in areas specified by the department.(f) That medical assistance or medical assistance waiver reimbursement for new admissions to the facility be denied until all violations are corrected.(g) That payment be disallowed for services provided during the period of noncompliance.(h) That a residential care apartment complex cease operations if it is without a valid certification.(i) That the facility's certification be summarily suspended following procedures in ch. 227, Stats., when the department finds that public health, safety or welfare requires emergency action.(4) PENALTIES. The department may directly assess a forfeiture of from $10 to $1,000 per violation per day for violations which it determines to be harmful to the health, safety, welfare or rights of tenants.(5) DISCLOSURE. A certified residential care apartment complex shall make the results of the most recent department monitoring visit and of any complaint investigation or enforcement action within the current certification period available on request to tenants and prospective tenants and their families or representatives. A residential care apartment complex shall immediately notify all tenants and tenants' designated representatives, where appropriate, of any notice of summary suspension under sub. (3) (i) and the reasons for the summary suspension.Wis. Admin. Code Department of Health Services DHS 89.56
Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.