The resident contracts for the risk agreement, service agreement, and lease may be incorporated into one document or be separate. The risk agreement, if incorporated, must be identifiable. Often this is a separate agreement while the service and lease are often combined into one. If the service and lease are combined, the charges for rent, meals, and services must be separate and distinguished from each other. If the service and meals are combined documents, the fees must be separate from each other.

Risk Agreement

Wisconsin RCAC Risk Agreement Requirements

Review Chapter HFS 89 for details. Highlights include:

An RCAC enters into a signed, jointly negotiated risk agreement with each tenant by the date of occupancy.

A risk agreement shall identify and state all of the following:

Risk to tenants

1. Any situation or condition which is or should be known to the RCAC which involves a course of action taken or desired to be taken by the tenant contrary to the practice or advice of the RCAC and which could put the tenant at risk of harm or injury.
   
   
2. The tenant's preference concerning how the situation is to be handled and the possible consequences of acting on that preference.
   
   
3. What the RCAC will and will not do to meet the tenant's needs and comply with the tenant's preference relative to the identified course of action.
   
   
4. Alternatives offered to reduce the risk or mitigate the consequences relating to the situation or condition.
   
   
5. The agreed-upon course of action, including responsibilities of both the tenant and the RCAC.
   
   
6. The tenant's understanding and acceptance of responsibility for the outcome from the agreed-upon course of action.

Other requirements

1. Unmet needs. Any needs identified in the comprehensive assessment, which will not be provided for by the RCAC, either directly or under contract.
   
   
2. Notice regarding enforcement in registered RCACs. For registered RCACs only, a notice that the WI Department of Health and Family Service does not routinely inspect registered RCACs or verify their compliance with HFS chapter 89 and does not enforce contractual obligations under the service or risk agreements.
   
   
3. No waiver of rules or rights. A risk agreement may not waive any provision of HFS chapter 89 or any other right of the tenant.
   
   
4. Obligation to negotiate in good faith. Neither the tenant nor the RCAC shall refuse to accept reasonable risk or insist that the other party accept unreasonable risk.
   
   
5. Signed and dated. The risk agreement shall be signed and dated by both an RCAC authorized representative and by the tenant or the tenant's guardian and agents designated under an activated power of attorney for health care and durable power of attorney.
   
   
6. Updating. The risk agreement shall be updated when the tenant's condition or service needs change in a way that may affect risk, as indicated by a review and update of the comprehensive assessment, by a change in the service agreement, or at the request of the tenant or RCAC.

Service Agreement

Wisconsin RCAC Service Agreement requirements

Review Chapter HFS 89 for details. Highlights include:

An RCAC enters into a mutually agreed-upon written service agreement with each tenants consistent with the comprehensive assessment.

A service agreement shall identify all of the following:

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.

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. RCACs shall notify 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 RCAC and the tenant.

Policies and procedures

1. 'Additional services'.
• Types of additional services which the RCAC would make available or which the RCAC 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.
• 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 RCAC 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.CHAPTER HFS 89.29(3).
   
   
3. 'Tenant's rights'. The RCAC's policies relating to tenant rights, including at a minimum, the rights identified in subchapter III, CHAPTER HFS 89, Tenant's Rights.
   
   
4. 'Dispute resolution'. The RCAC's internal grievance procedure for resolving tenant complaints.

Other specifications

1. Only services selected and agreed to by the tenant may be included in the service agreement. A service agreement may not waive any of the provisions of chapter HFS 89 or other rights of the tenant.
   
   
2. 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 RCAC or by subcontract.
   
   
3. The initial service agreement and any renewals of it shall be dated and signed by an RCAC representative, the tenant or 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. The RCAC shall provide a copy of the service agreement to all parties who signed the agreement.
   
   
4. The service agreement shall be completed by the date of admission.

Review and update

The service agreement shall be reviewed when

• there is a change in the comprehensive assessment, or
• at the request of the RCAC, or
• at the request or on behalf of the tenant.

It shall be updated as mutually agreed to by all parties to the agreement.

Lease

Each tenant should expect to sign a lease for the rental of the apartment. Local and state ordinances regulate the terms of the lease, including issues of notice for terminating the lease, renewal, security deposit, property damage, and pets.