The Wisconsin Department of Health Services (DHS) recently announced it is moving forward with its intention to review and revise DHS 88, state administrative code regulating licensed Adult Family Homes (AFH).

DHS noted that Ch. 88 is due for a review, as it has not been updated since 1995. From the DHS scope statement:

The Department has determined that oversight of AFHs is not adequate to ensure a minimum standard of care for vulnerable residents, and to protect the health, safety, and rights residents. There are no reasonable alternatives to updating the rule.

See the full scope statement here.

DHS first announced its intention to revise Ch 88 in late 2019, but the initiative was delayed due to the COVID-19 pandemic. At the time, WHCA/WiCAL requested to have WHCA/WiCAL staff or a WiCAL member who operates AFHs to be included on the advisory committee.

WHCA/WiCAL has once again contacted DHS to request to have a WiCAL presence on the advisory committee. The list of advisory committee members has not yet been made available. WHCA/WiCAL also intends to form a work group of staff and members to review any proposed changes to Ch. 88 in order to provide a comprehensive analysis of the statement of scope and any administrative code language changes.

WHCA/WiCAL CEO Rick Abrams has already submitted an initial comment on the statement of scope, questioning the scope statement’s claim that regulatory changes to Ch 88 “will have minimal or no economic impact.”

For more information, please contact Jim Stoa.