DHS 75.09(2)(b)3. 3. Failure to submit an approved plan of correction shall be grounds for denial, suspension, or revocation of the certification.
DHS 75.09(3) (3) Appeals.
DHS 75.09(3)(a)(a) If the department denies, revokes, suspends, or refuses to renew certification, the service may request an administrative hearing under ch. 227, Stats.
DHS 75.09(3)(b) (b) A request for a hearing shall be received in writing to the department of administration's division of hearings and appeals within 10 days after the date of the notice of the department's action under s. DHS 75.05.
DHS 75.09(3)(c) (c) If a timely request for hearing is made, the department's decision to revoke, suspend, or refuse to renew certification is stayed pending the outcome of the appeal, unless 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.
DHS 75.09 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.
DHS 75.10 DHS 75.10Investigation, notification, and reporting requirements.
DHS 75.10(1)(1)Death reporting.
DHS 75.10(1)(a) (a) Patient death related to physical restraint, psychotropic medication, or suicide. No later than 24 hours after a service becomes aware of the death of a patient, the service shall report the death to the department if there is reasonable cause to believe the death was related to the use of a physical restraint or psychotropic medication, or was a suicide.
DHS 75.10(1)(b) (b) Patient death related to an accident or injury. When a patient dies as a result of an incident or accident at the service location not related to the use of a physical restraint, psychotropic medication, or suicide, the service shall send a report to the department within 3 working days of the patient's death.
DHS 75.10 Note Note: Information and forms for statutorily reportable deaths and reporting procedures can be found at: https://www.dhs.wisconsin.gov/regulations/report-death/definitions.htm.
DHS 75.10(2) (2) Investigating and reporting abuse, neglect, or misappropriation of property.
DHS 75.10(2)(a) (a) Caregiver abuse or neglect.
DHS 75.10(2)(a)1.1. When a service receives a report of an allegation of abuse or neglect of a client, or misappropriation of property at the service location, the service shall take immediate steps to ensure the safety of all clients.
DHS 75.10(2)(a)2. 2. The service shall investigate and document any allegation of abuse or neglect of a client, or misappropriation of property by a caregiver. If the service's investigation concludes that the alleged abuse or neglect of a client or misappropriation of property meets the definition of abuse or neglect of a client, or of misappropriation of property, the service shall report the incident to the department on a form provided by the department, within 7 calendar days from the date the service knew or should have known about the abuse, neglect, or misappropriation of property. The service shall maintain documentation of any investigation.
DHS 75.10(2)(b) (b) Other reporting. Filing a report under sub. (1) or (2) does not relieve the service or other person of any obligation to report an incident to any other authority, including law enforcement, the coroner and DSPS.
DHS 75.10(3) (3) Notification of changes affecting a client.
DHS 75.10(3)(a)(a) The service shall immediately notify the client's legal representative, as applicable, when there is an incident or injury to the client or a significant change in the client's physical or mental condition.
DHS 75.10(3)(b) (b) The service shall immediately notify the client's legal representative, as applicable, when there is an allegation of physical, sexual, or mental abuse, or neglect of a client. The service shall notify the client's legal representative within 72 hours when there is an allegation of misappropriation of property.
DHS 75.10(3)(c) (c) The service shall give the client or the client's legal representative, as applicable, a 30-day written notice of any change in charges for services that will be in effect for more than 30 days.
DHS 75.10(4) (4) Documentation . All written reports required under this section shall include, at a minimum, the time, date, place, individuals involved, details of the occurrence, and the action taken by the provider to ensure clients' health, safety and well-being.
DHS 75.10 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.
DHS 75.11 DHS 75.11General records and retention.
DHS 75.11(1)(1)The service shall retain all records required under this chapter for 7 years, unless otherwise specified in subs. (2) and (3).
DHS 75.11(2) (2)Client records shall be retained as specified in ch. DHS 92 and in 42 CFR part 2.
DHS 75.11(3) (3)Employee records shall be retained for 3 years following an employee's separation from employment at the service.
DHS 75.11(4) (4)A service shall have a written policy and procedure for administrative review and maintenance of records related to incident reports.
DHS 75.11 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (1) made under ss. 13.92 (4) (b) 4. and 35.17, Stats., and correction in (2) made under s. 35.17, Stats., Register October 2021 No. 790.
DHS 75.12 DHS 75.12Telehealth services.
DHS 75.12(1)(1)All requirements in this chapter shall also be applicable to telehealth services delivered under this chapter.
DHS 75.12(2) (2)Services delivered through telehealth shall be of sufficient quality to be functionally equivalent to face-to-face services.
DHS 75.12 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.
DHS 75.13 DHS 75.13Waivers and variances.
DHS 75.13(1)(1)Exception to a requirement.
DHS 75.13(1)(a) (a) The department may grant a waiver or variance if the department determines that the proposed waiver or variance will not jeopardize the health, safety, welfare, or rights of any client.
DHS 75.13(1)(b) (b) A written request for a waiver or variance shall be sent to the department on a form provided by the department and includes justification that the waiver or variance will not adversely affect the health, safety, or welfare of any client for the requested action.
DHS 75.13(1)(c) (c) A written request for a variance shall include a description of an alternative means planned to meet the intent of the requirement.
DHS 75.13(1)(d) (d) In considering whether to approve a waiver or variance, the department will consider whether the requested waiver or variance increases patient access to care or sufficiently supports the efficient and economic operation of a service.
DHS 75.13(2) (2) Rescinding waiver or variance. The department may rescind a waiver or variance if any of the following occurs:
DHS 75.13(2)(a) (a) The department determines the waiver or variance has adversely affected the health, safety, or welfare of a client.
DHS 75.13(2)(b) (b) The service fails to comply with any of the conditions of the waiver or variance as granted.
DHS 75.13(2)(c) (c) Rescinding the waiver or variance is required by federal or state law.
DHS 75.13(2)(d) (d) There is no longer sufficient justification that the waiver or variance increases patient access to care or sufficiently supports the efficient and economic operation of a service.
DHS 75.13 History History: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22.
subch. III of ch. DHS 75 Subchapter III — Prevention and Intervention Service Requirements
DHS 75.14 DHS 75.14Prevention service.
DHS 75.14(1)(1)Service description. A prevention service makes use of universal, selective, and indicated prevention services as defined by s. DHS 75.14 (3). Prevention services may be focused on reducing behaviors and actions that increase the risk of misusing substances or being affected by another person's substance use.
DHS 75.14(2) (2) Applicability. This section shall apply to prevention services when required by contract with the department, or when a prevention service requests certification.
DHS 75.14(3) (3) Definitions. In this section:
DHS 75.14(3)(a) (a) “Prevention” has the meaning given in s. SPS 160.02 (21).
DHS 75.14(3)(b) (b) “Prevention domain” refers to content areas that professionals working in substance use prevention shall be knowledgeable in. The prevention domains include any of the following:
DHS 75.14(3)(b)1. 1. Planning and evaluation.
DHS 75.14(3)(b)2. 2. Prevention education and service delivery.
DHS 75.14(3)(b)3. 3. Communication.
DHS 75.14(3)(b)4. 4. Community organization.
DHS 75.14(3)(b)5. 5. Public policy and environmental change.
DHS 75.14(3)(b)6. 6. Professional growth and responsibility, including ethics.
DHS 75.14(3)(c) (c) “Prevention service” means the organized application of strategies and interventions that are provided to reduce the overall harms and burden of substance use for an identified community or group.
DHS 75.14(3)(d) (d) “Prevention strategy” means activities targeted to a specific population or the larger community that are designed to be implemented before the onset of problems as a means to prevent substance use or its detrimental effects from occurring.
DHS 75.14(3)(e) (e) “Target population” means the identified community or group that a prevention strategy is aimed to impact.
DHS 75.14(3)(f) (f) “Universal, selective, and indicated prevention strategy” means different levels of risk that are addressed through community-based substance use prevention efforts, where universal prevention efforts focus on general audiences who have not been identified based on substance use-related risk, selective prevention efforts focus on audiences with known risk factors for a substance use-related problem, and indicated prevention efforts focus on audiences who are already experiencing a substance use-related problem.
DHS 75.14(4) (4) General requirements.
DHS 75.14(4)(a)(a) Governing authority or entity owner. The governing authority or entity owner of a service shall do all of the following:
DHS 75.14(4)(a)1. 1. Designate a member or representative of the governing body that is legally responsible for the operation of a service that has the authority to conduct the policy, actions, and affairs of the service, to complete the entity owner background check and to be the entity owner responsible for a service.
DHS 75.14(4)(a)2. 2. Appoint a service director whose qualifications, authority, and duties are defined in writing.
DHS 75.14(4)(a)3. 3. Establish written policies and procedures for the operation of the service and exercise general direction over the service, to ensure the following:
DHS 75.14(4)(a)3.a. a. Compliance with local, state and federal laws.
DHS 75.14(4)(a)3.b. b. That no person will be denied service or discriminated against on the basis of sex, race, color, creed, sexual orientation, disability, or age, in accordance with 45 CFR part 92 and Title VI of the Civil Rights Act of 1964, as amended, 42 USC. 2000d, Title XI of the Education Amendments of 1972, 20 USC 1681-1686 and s. 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794, and the Americans with Disabilities Act of 1990, as amended, 42 USC 12101-12213.
DHS 75.14(4)(b) (b) Caregiver background check. At the time of hire, employment, or contract, and every 4 years after, the service shall conduct and document a caregiver background check following the procedures in s. 50.065, Stats., and ch. DHS 12. A service shall not employ or contract with a person who has been convicted of a crime or offense, or has a governmental finding of misconduct, found in s. 50.065, Stats., and ch. DHS 12, Appendix A, unless the person has been approved under the department's rehabilitation process as defined in ch. DHS 12.
DHS 75.14(4)(c) (c) Personnel records. Employee records shall be available upon request at the service for review by the department. A separate record for each employee shall be maintained, kept current, and at a minimum, include:
DHS 75.14(4)(c)1. 1. A written job description including duties, responsibilities and qualifications required for the employee.
DHS 75.14(4)(c)2. 2. Beginning date of employment.
DHS 75.14(4)(c)3. 3. Qualifications based on education or experience.
DHS 75.14(4)(c)4. 4. A completed caregiver background check following procedures under s. 50.065, Stats., and ch. DHS 12.
DHS 75.14(4)(c)5. 5. A copy of a signed statement regarding confidentiality of client information.
DHS 75.14(4)(c)6. 6. Documentation of any required training.
DHS 75.14(4)(c)7. 7. A copy of any required licenses or certifications.
DHS 75.14(4)(d) (d) Confidentiality. A service shall have written policies, procedures, and staff training to ensure compliance with confidentiality provisions of 42 CFR part 2, 45 CFR parts 164 and 170, s. 51.30, Stats., and ch. DHS 92. Each staff member shall sign a statement acknowledging responsibility to maintain confidentiality of personal information about persons served.
DHS 75.14(5) (5) Required personnel.
DHS 75.14(5)(a)(a) Prevention professional. A professional employed by the service shall be knowledgeable and skilled in areas of substance use prevention, including prevention domains, prevention services, and program implementation.
DHS 75.14(5)(b) (b) Training. Staff shall receive ongoing training to improve skills and knowledge in the prevention domains and in the implementation of prevention services.
DHS 75.14(6) (6) Operation of the prevention service.
DHS 75.14(6)(a) (a) General. A prevention service shall utilize recognized best practices for evidence-based substance use prevention.
DHS 75.14(6)(b) (b) Strategies employed by the prevention service.
DHS 75.14(6)(b)1. 1. `Comprehensive approach.' A prevention service shall employ a comprehensive approach that targets universal, selective, and indicated populations, and uses strategies which seek to prevent substance use and its effects.
DHS 75.14(6)(b)2. 2. `Information dissemination.' The prevention service shall provide awareness and knowledge of the nature and extent of the identified problem and generate knowledge and awareness of available prevention services via one-way communication with the public. Examples of methods that may be used to carry out this strategy include the following:
DHS 75.14(6)(b)2.a. a. Operation of an information clearinghouse.
DHS 75.14(6)(b)2.b. b. Development and distribution of a resource directory.
DHS 75.14(6)(b)2.c. c. Media campaigns.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.