Rates

Wisconsin RCAC Rate Requirements

Review Chapter HFS 89 for details. Highlights include:

RCACs shall have a written schedule of fees for services which includes all of the following:

1. Separately identified charges for rent, meals and services with identification of those services that are included in any base and service rate(s) for which there are separate charges.
   
   
2. The amount of any application fee, entrance fee or security deposit.
   
   
3. The schedule of fees are presented in language and format that make it possible for tenants to readily identify the costs for the services, so they can make informed choices about the services they receive.
   
   
4. A copy of the schedule of fees for services shall be given to each prospective tenant (and to the prospective tenant's family or designated representative where appropriate). Copies of revised fee schedules shall be provided to current tenants and their families or representatives, where appropriate, at least 30 days in advance of an increase in fees.

Occupancy/Termination Policies

Wisconsin RCAC Admission/Discharge Requirements

Review Chapter HFS 89 for details. Highlights include:

Occupancy

No RCAC may lease to any of the following persons, unless the person being admitted shares an apartment with a competent spouse or other person who has legal responsibility for the individual. A person who has

1. a court determination of incompetence and is subject to guardianship,
   
   
2. an activated power of attorney for health care, or
   
   
3. been found by a physician or psychologist to be incapable of recognizing danger, summoning assistance, expressing need or making care decisions

Retention

An RCAC tenant may stay if service needs can be met by the RCAC or through another provider.

An RCAC may retain a tenant who becomes incompetent or incapable of recognizing danger, summoning assistance, expressing need or making care decisions, provided that the RCAC ensures all of the following:

1. Adequate oversight, protection and services are provided for the individual;
   
   
2. The tenant has a guardian appointed, an activated power of attorney for health care, or a durable power of attorney, or both; and
   
   
3. Both the service agreement and risk agreement is signed by the guardian and by the health care agent or the agent with power of attorney, if any.

   Note: RCACs are permitted the option of retaining tenants who become incompetent or incapable of recognizing danger, summoning assistance, expressing need or making care decisions because familiar surroundings and routines are an important component of dementia care and in order to accommodate aging in place.

Termination

Reasons. An RCAC may terminate its contracts with a tenant when any of the following conditions, with some exceptions:

1. The tenant's needs cannot be met at the level of service, which RCACs are required to make available to tenants.
   
   
2. The time required to provide supportive, personal and nursing services to the tenant exceeds 28 hours per week.
   
   
3. The tenant's condition requires the immediate availability of a nurse 24 hours a day.
   
   
4. The tenant is adjudicated incompetent, has an activated power of attorney for health care, or has been found to be incapable of recognizing danger, summoning assistance, expressing need or making care decisions by 2 physicians or by one physician and one licensed psychologist who have personally examined the tenant and signed a statement specifying that the person is incapable
   
   
5. The tenant's behavior or condition poses an immediate threat to the health or safety of self or others. Mere old age, eccentricity or physical disability, either singly or together, are insufficient to constitute a threat to self or others.
   
   
6. The tenant refuses to cooperate in an examination by a physician or licensed psychologist of his or her own choosing to determine his or her health or mental status for the purpose of establishing appropriateness for retention or termination.
   
   
7. The tenant's fees have not been paid, provided the tenant and the tenant's designated representative, where appropriate, were notified and given reasonable opportunity to pay any deficiency.
   
   
8. The tenant refuses to enter into a negotiated risk agreement or refuses to revise the risk agreement when there is a documented and significant medical reason for doing so.
   
   
9. The presence of any condition identified as grounds for termination in the service agreement, provided that these grounds are not inconsistent with requirements contained in CHAPTER HFS 89.

An RCAC must give 30 days advance notice of termination to the tenant, designated guardian, or social/county human service department unless an emergency exists that is an immediate and documented threat to the health or safety of the tenant or others in the RCAC.