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WALA Watch, Professional Training
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Back to: WALA Home > Industry Insider > News Index > Legislative > February 4, 2000 Note to WALA members on the HFS-83 Rewrite: The following is a letter written by WALA Board Member and WALA Legislative Committee Chair Beth Christie to BQA about changes we would like to see in the next version of HFS-83. This letter outlines additional changes that WALA and Laureate Group suggest as the re-write continues. You can send comments, questions or concerns to Jim Murphy at info@ewala.org or Beth Christie at Beth.Christie@Laureategroup.com. It is anticipated that WALA will receive the next version of HFS-83 for review by mid-February. Check the WALA website at www.ewala.org for future updates.
Mr. Kevin Coughlin Dear Kevin: At the CBRF forum on January 11, 2000, we were directed to forward written comments regarding the HFS 83 revision to you by February 1, 2000. Following are my comments: 1. HFS 83.04 (9) License denial, Revocation This was discussed at the prior CBRF forum in November. The second sentence indicates that the department may revoke a license pursuant to 50.03 if the licensee, administrator, employe or any ..... Our concern is that the department could revoke a license if any employee of the facility has a pending criminal charge or conviction. We don't have any way to know of a pending criminal charge or conviction that occurs between required criminal checks. We don't have a problem with the licensee, but the addition of the administrator or employee is a problem. 2. HFS 83.12 (2) (c) Employee Resident Care staff shall be at least 18 years old. We'd like the department to consider lowering the age. With the increase in the high school allied health programs and the shortage of staff, we'd like you to consider lowering the age. Obviously, those under 18 couldn't be in charge of the facility or even work alone. However, with the proper training and supervision, they could be an asset to the workforce.
Clarification is needed. Is this requirement in addition to completion of Chapter 13 or does the completion of Chapter 13 meet this requirement? We also believe an allegation should meet minimum standards before a reporting obligation arises - e.g., there is reason to believe an allegation may be true.
.... The following information shall be provided in writing...... We'd like to have you change shall to may OR change shall to shall, upon request, be provided in writing Many nursing homes and other facilities send someone to the facility to review the chart, etc. Making copies of charts for those who don't want them is a waste of time and resources. In addition, we are going to need a medical release to provide this information. The provider shouldn't bear the burden of obtaining the release if the new facility doesn't want the information. 5. HFS 83.21 (2) Rights of Residents - Explanation of Resident Rights and House Rules New Language - to the person being admitted, the person's guardian, agent, family members and any designated representative of the person. Concern about the resident's right to privacy. We should provide this information to the resident and his/her guardian, if appropriate. Beyond the resident and/or guardian, the resident should be able to decide whether or not to have copies provided to others.
New language - Admission to a facility is contingent one a person ....... This implies that the prospective resident has to sign an acknowledgement that says that the items in (a) - (g) was given. The resident's signature on documents that include items (a) - (g) should be sufficient. 7. HFS 83.32 (2) 2 (g) Assessment and Individualized Service Plan The administrator shall ensure any employe providing supervision, care or treatment to a resident .... We want to be certain that employees only need to have this information for those residents that they care for, not all residents. In addition, they should be reviewing relevant portions of the service plan, not necessarily all portions. 8. HFS 83.33 (3) (g) Program Services New language - Medication Administration Instruction - teaching a resident when and how to self-administer.... Resident's right to choice is an issue with the new language. A resident should have the right to choose whether or not he/she would like to be taught to self administer. Shouldn't be required that all who are capable are required to learn. 9. HFS 83.36 (1) (c) Food Service A nutritious snack shall be offered to the residents in the evening This shouldn't be required in CBRFs where a refrigerator is provided for resident use and especially not where a refrigerator is provided in every unit. In an apartment setting, the resident has the ability to keep snacks for personal consumption anytime of day or night and the facility should not be required to provide additional snacks. As I mentioned in the meeting, these are relatively minor changes. Please call me if you have questions at (262) 548-5965. Sincerely, Beth Christie CC: La Vern Woodford C:\Wala Main\Wisconsin State of-BQA,Long Term Care Redesign etc\HFS-83 Rewrite\Comments to BQA from WALA\Laurate response 1-17-00.doc
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