DHS 36.03(17)
(17) "Minor" means an individual under the age of 18 years.
DHS 36.03(18)
(18) "Natural supports" means a friend, or other person available in the community who may assist consumers seeking stability and independence.
DHS 36.03(19)
(19) "Outreach" means identifying and contacting individuals with mental disorders or substance-use disorders to directly engage and link with individuals who need psychosocial rehabilitation services or other mental health or substance-use disorder services, and making referral agreements with psychiatric inpatient units, residential treatment facilities, outpatient treatment clinics and other community treatment and service providers as appropriate.
DHS 36.03(20)
(20) "Parent" means a biological parent; an adoptive parent; a husband who has consented to the artificial insemination of his wife under s.
891.40, Stats.; a male who is presumed to be the father under s.
891.41, Stats.; or a male who has been adjudicated the child's father either under s.
767.89, Stats., or by final order or judgment of a court of competent jurisdiction in another state. "Parent" does not include individuals whose parental rights have been terminated.
DHS 36.03(21)
(21) "Primary care giver" means an individual who provides a majority of a consumer's day-to-day support, shelter, sustenance or nurturing.
DHS 36.03(22)
(22) "Psychosocial rehabilitation services" has the same meaning as "psychosocial services" under s.
49.45 (30e), Stats., namely the medical and remedial services and supportive activities provided to or arranged for a consumer by a comprehensive community services program authorized by a mental health professional to assist individuals with mental disorders or substance-use disorders to achieve the individual's highest possible level of independent functioning, stability and independence and to facilitate recovery.
DHS 36.03(23)
(23) "Recovery" means the process of a person's growth and improvement, despite a history of mental or substance use disorder in attitudes, values, feelings, goals, skills and behavior and is measured by a decrease in dysfunctional symptoms and an increase in maintaining the person's highest level of health, wellness, stability, self-determination and self-sufficiency.
DHS 36.03(24)
(24) "Recovery team" means the group of individuals who are identified to participate in an assessment of the needs of the consumer, service planning and delivery, and evaluation of desired outcomes.
DHS 36.03(25)
(25) "Service facilitation" means any activity that ensures the consumer receives assessment services, service planning, service delivery and supportive activities in an appropriate and timely manner.
DHS 36.03(26)
(26) "Service facilitator" means a staff member who is qualified under
s. DHS 36.10 (2) (g) 1. to
21. and who has the overall responsibility for service facilitation.
DHS 36.03(27)
(27) "Service plan" means a written plan of psychosocial services to be provided or arranged for a consumer that is based on an individualized assessment of the consumer.
DHS 36.03(28)
(28) "Service provider" means an agency or individual that provides one or more mental health or substance-use treatment or services.
DHS 36.03(29)
(29) "Staff member" means a person employed by a county department, tribe, or contracted agency.
DHS 36.03(30)
(30) "Substance abuse professional" means a person who meets the requirements of
s. DHS 75.02 (84), a physician knowledgeable in addiction treatment, or a psychologist knowledgeable in psychopharmacology and addiction treatment.
DHS 36.03(31)
(31) "Substance-use disorder" means a condition related to the use of alcohol or a drug of abuse listed in the DSM IV-TR.
DHS 36.03(32)
(32) "Supportive activities" means actions and events that help address the needs and recovery goals of a consumer.
DHS 36.03(33)
(33) "Tribe" means a federally recognized American Indian tribe or band.
DHS 36.03 History
History: CR 04-025: cr.
Register October 2004 No. 586, eff. 11-1-04; corrections in (10), (13) (a), (20) and (30) made under s.
13.92 (4) (b) 6. and
7., Stats.,
Register November 2008 No. 635.
DHS 36.04
DHS 36.04
Certification requirements. DHS 36.04(1)(a)(a) A county department or tribe seeking to operate a certified comprehensive community services program shall apply to the department for certification on an application form provided by the department.
DHS 36.04 Note
Note: An application for certification may be obtained by writing to the Behavioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969.
DHS 36.04(2)
(2) Application materials. The application shall be accompanied by all of the following:
DHS 36.04(2)(c)
(c) A copy of the personnel policies and procedures developed under
s. DHS 36.10 and operational policies developed.
DHS 36.04(2)(d)
(d) A copy of any previously approved waiver or variance and information on the current status.
DHS 36.04 History
History: CR 04-025: cr.
Register October 2004 No. 586, eff. 11-1-04.
DHS 36.05(1)(a)
(a) "Deficiency" means the failure to meet a requirement of this chapter.
DHS 36.05(1)(b)
(b) "Major deficiency" means a determination by the department that an aspect of the CCS program or the conduct of its personnel does any of the following:
DHS 36.05(1)(b)1.
1. The psychosocial rehabilitation services substantially fail to meet the requirements of this chapter.
DHS 36.05(1)(b)2.
2. Creates a risk of harm to a consumer or violates a consumer right created by this chapter or other state or federal statutes or rules, which may include any one of the following of the following:
DHS 36.05(1)(b)2.c.
c. The health or safety of a consumer is in imminent danger because of a failure of the CCS or a CCS staff member to comply with requirements of this chapter or any other applicable local, state or federal statute or regulation.
DHS 36.05(1)(b)3.
3. The CCS has submitted, or caused to be submitted, one or more statements for purposes of obtaining certification under this chapter which the CCS knew or should have known to be false.
DHS 36.05(1)(b)4.
4. A license, certification or required local, state or federal approval of the CCS has been revoked or suspended or has expired.
DHS 36.05(1)(b)5.
5. A staff member has signed a billing statement or other document that represents the CCS staff member as the provider of service when the staff member did not provide the service.
DHS 36.05(1)(b)6.
6. A staff member impedes or has impeded monitoring of the program by the department.
DHS 36.05(1)(b)7.
7. An action or inaction by a staff member constitutes grounds for involuntary termination or suspension from program participation under
s. DHS 106.06.
DHS 36.05(2)
(2) Initial application. Upon receipt of a complete application for initial certification, the department shall review the application and accompanying materials required under
s. DHS 36.04 (2). The department's designated representative responding to a request for an initial certification shall review CCS personnel policies and procedures and operational policies, and the community services plan developed under
s. DHS 36.07.
DHS 36.05(3)(a)(a) The department shall send written notice of the expiration of certification and an application for renewal of certification to a certified CCS at least 90 days before expiration of the certification. If the department does not receive a complete application for renewal of certification before the expiration date, the certification shall terminate on the expiration date of the certification. A CCS that wishes to renew an expired certification shall apply as required in
s. DHS 36.04.
DHS 36.05(3)(b)
(b) Before applying for renewal of certification, a CCS shall review the continuing appropriateness of its comprehensive community services plan. The CCS shall revise the plan based on feedback of department representatives and consultation with and input received from staff members, consumers, family members, service providers and interested members of the public. The revised plan shall include responses to information derived from the quality improvement activities under
s. DHS 36.08, and the coordination committee under
s. DHS 36.09.
DHS 36.05(3)(c)
(c) Upon receipt of a complete application for renewal of certification, the department shall review the application and designate a representative to conduct an on-site survey of the CCS.
DHS 36.05(3)(d)
(d) The survey conducted under
par. (c) shall be used to determine whether the CCS is in compliance with the standards specified in this chapter.
DHS 36.05(3)(e)
(e) The CCS shall make available for review by the department's designated representative any documentation requested to determine whether the CCS is in compliance with the standards of this chapter, including all of the following:
DHS 36.05(3)(e)4.
4. Staff member credentials and service records, and supervision records.
DHS 36.05(3)(e)5.
5. Additional information that the CCS believes will help surveyors understand the CCS operations, policies, and procedures.
DHS 36.05(3)(e)6.
6. The results of consumer satisfaction surveys, coordination committee recommendations, and descriptions of any modification of the CCS program shall be made available for review by the department.
DHS 36.05(3)(f)
(f) Any designated representative of the department who reviews documents or who conducts an interview under this chapter shall preserve the confidentiality of the information reviewed or obtained in compliance with s.
51.30, Stats.,
ch. DHS 92, Health Insurance Portability and Accountability Act (HIPAA), and as applicable,
42 CFR Part 2.
DHS 36.05(4)
(4) Transferability of certification. Certification may only be issued to the CCS specified in the application. A CCS may not transfer or assign its certification to another entity. An applicant or certified CCS shall notify the department of any change in administration, location, name, offered services or any other change that may affect compliance with this chapter no later than the effective date of the change.
DHS 36.05(5)(a)(a) The date of certification shall be the date that the department determines that an applicant is in compliance with this chapter.
DHS 36.05(5)(b)
(b) The department may change the date of certification if the department has made an error in the certification process. A date of certification that is adjusted under this paragraph may not be earlier than the date the department receives a written application under
sub. (2) or
(3).
DHS 36.05(6)
(6) Fees for certification. Fees for certification shall be established by the department.
DHS 36.05(7)(a)(a)
Action on application. Within 60 days after receiving a completed application for initial certification or for renewal of certification, the department shall do one of the following:
DHS 36.05(7)(a)1.
1. Approve the CCS if no deficiencies are found and all of the requirements for certification are met.
DHS 36.05(7)(a)2.
2. Issue a provisional certification under
sub. (8), if the applicant has one or more deficiencies, that do not meet the definition of a major deficiency.
DHS 36.05(7)(a)3.
3. Deny certification under
sub. (9), if the department finds one or more major deficiencies.
DHS 36.05(7)(b)
(b)
Duration of certification. The department may limit the initial certification of a CCS to one year. Certification may be renewed for up to 3 years provided the CCS has applied for renewal and the CCS continues to meet the requirements for certification. Certification is subject to suspension, revocation, or refusal to renew as specified in
s. DHS 36.06.
DHS 36.05(8)(a)(a) If the department determines that the CCS has one or more deficiencies that do not meet the definition of a major deficiency, the department shall issue a notice of deficiency to the CCS and offer the CCS provisional certification.
DHS 36.05(8)(b)
(b) If a CCS wishes to operate under a provisional certification, the CCS shall submit a plan of correction to the department within 30 days of the date of the notice of deficiency. The plan of correction shall identify the specific steps the CCS will take to correct the deficiency and the timeline within which the corrections will be made. If a CCS does not wish to operate under a provisional certification, the department shall issue a denial of certification under
sub. (9).
DHS 36.05(8)(c)
(c) If the department approves the plan of correction it shall provisionally certify the CCS and establish an expiration date for the provisional certification.
DHS 36.05(8)(d)
(d) Before a provisional certification expires, the department may conduct an on site inspection of the CCS to determine whether the proposed corrections have been made. Upon completion of an inspection, or in place of an inspection, the department shall do one of the following:
DHS 36.05(8)(d)1.
1. If the CCS has accomplished the goals of the plan of correction and made the required corrections, withdraw the notice of deficiency and certify the CCS under
sub. (7) (a) 1.
DHS 36.05(8)(d)2.
2. Extend the provisional certification if substantial progress is made towards correcting deficiencies previously cited.
DHS 36.05(8)(d)3.
3. If a deficiency cited in the notice of deficiency has not been corrected, the goals of the plan of correction have not been accomplished, or a major deficiency is found, deny certification under
sub. (9).
DHS 36.05(9)
(9) Denial of certification. A denial of certification shall be in writing and shall contain the reason for the denial and notice of opportunity for a hearing under
s. DHS 36.06 (3).
DHS 36.05 History
History: CR 04-025: cr.
Register October 2004 No. 586, eff. 11-1-04; corrections in (1) (b) 7. and (3) (f) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635.
DHS 36.06(1)
(1)
Revocation and suspension. The department may revoke or suspend certification at any time upon written notice to the CCS. The notice shall state the reason for the action and inform the CCS of the opportunity for a hearing under
sub. (3).
DHS 36.06(2)(a)(a) The department may make announced and unannounced inspections of a certified CCS to verify compliance with this chapter, to investigate complaints received regarding the services provided by the CCS, or as part of an investigation into the cause of death of a consumer.
DHS 36.06(2)(b)
(b) In making inspections, the department shall seek to minimize any disruption to the normal functioning of the CCS.
DHS 36.06(2)(c)
(c) Any authorized officer, employee or agent of the department shall have access to all CCS documents, open and closed consumer records, staff members and consumers at any time to ensure compliance with the requirements of this chapter and other applicable federal and state statutes and regulations.
DHS 36.06(3)(a)(a) If the department denies, revokes, suspends, or refuses to renew certification, the CCS may request an administrative hearing under
ch. 227, Stats. If a timely request for hearing is made on a decision to suspend or revoke or not renew a certification, that action is stayed pending the decision on the appeal except when the department finds that the health, safety or welfare of patients requires that the action take effect immediately. A finding of a requirement for immediate action shall be made in writing by the department.
