Statewide Waiver of Certain Sections of Wis. Admin. Code ch. HFS 88, Relating to the Provision of Information to an Aging and Disability Resource Center and Referral to a Resource Center

**EFFECTIVE IMMEDIATELY**

PDF Version of DQA 08-019 (PDF, 31 KB)

Date:    June 11, 2008 -- DQA Memo 08-019

To:        Adult Family Homes AFH 08

From:    Kevin Coughlin, Director
             Bureau of Assisted Living

Via:       Otis Woods, Administrator
             Division of Quality Assurance

Statewide Waiver of Certain Sections of Wis. Admin. Code ch. HFS 88, Relating to the Provision of Information to an Aging and Disability Resource Center and Referral to a Resource Center.

With the passage of the State's budget (2007 Wis. Act 20. §§ 1765, 1766, and 1767), Adult Family Homes (AFHs) in counties with a resource center certified by the Secretary of the Department of Health and Family Services are no longer obligated to meet the requirements in Wis. Admin. Code §HFS 10.73(3) and (4). 

The purpose of this statewide waiver is to notify facilities of the elimination of the statutory requirement to (a) provide information about the services of an aging and disability resource center and available screening for family care benefit eligibility, and (b) the requirement to make referrals to an aging and disability resource center.

Background

The current administrative code, ch. HFS 88, governing AFHs in Wisconsin, indicates that an AFH licensee is required to provide information about an aging and disability resource center to a prospective resident and his or her guardian, if any. Section HFS 88.06(1)(a)4.states:

If the Secretary of the Department has certified that a resource center, as defined in s. HFS 10.13 (42), is available for the home under s. HFS 10.71, information about the services of an aging and disability resource center, the family care benefit and the availability of screening to determine the prospective resident's eligibility for the family care benefit, as required under s. 50.033 (2r) and (2t), Stats., and s. HFS 10.73 (3).

In addition, ch. HFS 88 required a licensee to make a referral to a resource center if there was one operating in the county:

Section HFS 88.06(4), states that:

If the Secretary of the Department has certified that a resource center, as defined in s. HFS 10.13 (42), is available for the home under s. HFS 10.71, an adult family home shall refer a prospective resident of the aging and disability resource center as required under s. 50.033 (2s) and (2t), Stats., and s. HFS 10.73 (4).

Action

Wis. Stat. § 50.033(2r), (2s) and (2t) were repealed by 2007 Wis. Act 20; therefore, EFFECTIVE IMMEDIATELY, the above-referenced sections of ch. HFS 88 are no longer valid and a statewide waiver is granted for these administrative code provisions.

Facilities meeting prospective residents seeking entrance on a personal payment basis are encouraged to complete the referral form OQA 2493, available at http://dhfs.wisconsin.gov/forms1/OQA/oqa2493.pdf. Completion of this form in advance may help to avoid questions regarding funding for the duration of the resident's stay.

If you have any questions, please contact the appropriate Division of Quality Assurance Regional Office for the county in which your facility is located.

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