Assisted Living Waiver/Variance Resources

On Friday, April 3, Governor Tony Evers issued Emergency Order 21 in response to the COVID-19 pandemic in Wisconsin. The Emergency Order relates to altering Wisconsin administrative code related to health services, including these limited waivers for Assisted Living facilities:

CBRF
  • Suspends DHS 83.16(2), temporarily allowing 16- and 17-year olds as long as they meet DHS 83 training requirements, do not work alone, do not pass medications, and work under supervision.
  • Suspends DHS 83.47(2)(d)-(e), fire drill and other evacuation drill requirements.
AFH
  • Suspends DHS 88.04(1)(b), temporarily allowing 16- and 17-year olds to serve as resident care staff as long as they meet Ch. 88 training requirements, do not work alone, do not pass medications, and work under supervision.
  • Suspends DHS 88.05(4)(a), annual fire extinguisher inspection requirements.
  • Suspends DHS 88.05(4)(d)2.c., fire drill requirements.

On a call held Tuesday, April 14, DHS indicated that they would not be granting any additional statewide waivers for Assisted Living facilities, but would be considering individual variances. Please see below for variance forms. Please submit each completed request form to the Bureau of Assisted Living Regional Office in which your facility is located.