PROPOSED ORDER OF
DEPARTMENT OF HEALTH SERVICES
TO ADOPT PERMANENT RULES
The Wisconsin Department of Health Services proposes an order to repeal and recreate ch. DHS 40 of the Wisconsin Administrative Code, relating to mental health day treatment services for children. RULE SUMMARY
Statute interpreted
None
Statutory authority
Section 51.42 (7) (b), Stats. Explanation of agency authority
The Legislature directed the Department to promulgate rules governing the provision of community mental health services in Section 51.42 (7) (b), Stats. The Department determines and monitors standards and requirements to administer services for community mental health, developmental disabilities, alcoholism, and drug abuse. Related statute or rule
Sections 51.14, 51.30, 51.61, Stats. Chapters 48, 51, 54, Stats. Plain language analysis
Mental health day treatment services for youth are community mental health services provided by programs certified by the Department to provide clinically-supervised, non-residential care to youth with mental illness, behavioral problems, or severe emotional disturbance. Chapter DHS 40 establishes requirements for program certification and operational requirements for admission, assessment, treatment planning, treatment, and discharge planning. Chapter DHS 40 has not been revised since 1996 and no longer reflects current terminology or best practices in mental health day treatment, treatment planning, and diagnostics. Following extensive consultation with and input from stakeholders in the mental health community, the Department proposes to update the rule chapter. Specific revisions include updates to program certification, service level designation, personnel and services, admissions, use of seclusion and restraints, and use of medications.
There are no reasonable alternatives to the proposed rule changes. Mental health day treatment has developed significantly since the rule was created in 1996.
Summary of, and comparison with, existing or proposed federal regulations
There appears to be no existing or proposed federal regulation that addresses the activities to be regulated by the proposed rule.
Comparison with rules in adjacent states
Illinois:
Illinois’ youth day treatment programs are regulated through the Illinois State Board of Education (ISBE) in 23 Ill. Adm. Code 401, Subpart A. The rule addresses approval of programs, placement and education of students, and operational requirements.
Iowa:
Iowa’s youth day treatment is not currently regulated by rule. Iowa’s Department of Human Services instead provides Psychiatric Medical Institutions for Children (PMIC) Provider Manual.
Michigan:
Michigan’s youth day treatment is regulated by the Michigan Department of Health and Human Services in Mich. Admin Code R 330. These rules establish requirements for various services, reporting requirements, program certification, review and evaluation, personnel, diagnosis and treatment.
Minnesota:
Minnesota’s youth day treatment is regulated by the Minnesota Department of Human Services in Minn. R. 9505.0370, 9505.0371, 9505.3072. These rules establish requirements relating to eligibility, required services, qualification of providers, and operations.
Summary of factual data and analytical methodologies
The Department relied on the following sources to draft the proposed rule and to determine the impact on day treatment facilities:
The Department formed an Advisory Committee consisting of day treatment providers and community stakeholders. Committee members reviewed drafts of the rule and provided comments. Their comments guided the development of the proposed rule.
