(b) Rules. The department shall promulgate rules regarding all of the following:
. . .
3. Requirements for certification of community-based psychosocial service programs.
Treatment facility certification. Except as provided in s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k) or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each certification. (b) The department shall promulgate rules which do all of the following:
. . .
11. Prescribe requirements for certification of community mental health programs, except as provided in s. 51.032, including all of the following: a. A requirement that, as part of the certification process, community mental health programs must demonstrate that their staff have knowledge of laws, regulations and standards of practice which apply to the program and its clients.
b. A requirement that, when conducting certifications, certification staff must use a random selection process in reviewing client records.
c. A requirement that certification staff conduct client interviews as part of the certification process.
d. A requirement that certification staff provide certification results to the community mental health program reviewed, to subunits within the department responsible for community mental health program monitoring and to the county department under this section in which the community mental health program is located upon completion of certification.
(3) Departmental Duties. The department shall:
(a) Promulgate rules establishing standards for the certified provision of community support programs by county departments under s. 51.42, except as provided in s. 51.032. The department shall establish standards that ensure that providers of services meet federal standards for certification of providers of community support program services under the medical assistance program, 42 USC 1396 to 1397e. The department shall develop the standards in consultation with representatives of county departments under s. 51.42, elected county officials and consumer advocates. . . .
(c) Monitor the establishment and the continuing operation of community support programs and ensure that community support programs comply with the standards promulgated by rule. The department shall ensure that the persons monitoring community support programs to determine compliance with the standards are persons who are knowledgeable about treatment programs for persons with serious and persistent mental illness
Rule-making authority is expressly conferred on an agency as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or non-statutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency’s general powers or duties does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold in the statutory provision.
c. Statute/s or rule/s that will affect the proposed rule or be affected by it
6.
Estimates of the amount of time that state employees will spend to develop the rule and other necessary resourcesThe department estimates that approximately 100 hours of staff time will be required to promulgate the proposed rule changes.
7.
Description of all of the entities that may be affected by the rule, including any local governmental units, businesses, economic sectors, or public utility ratepayers who may reasonably be anticipated to be affected by the ruleThe proposed rule changes will affect the behavioral health programs which are certified by these rules: emergency mental health services programs, outpatient mental health clinics, comprehensive community services programs for persons with mental disorders and substance use disorders, community mental health programs, adult inpatient psychiatric, child and adolescent inpatient psychiatric, adult day treatment, and community support programs for chronically mentally ill persons. Programs under chs. DHS 34, 36, and 63 are administered by the county. Programs under chs. DHS 35 and 61 may be administered publicly or privately. 8.
Summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the ruleThere appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
9.
Anticipated economic impact, locally or statewideThe proposed rule will have minimal or no economic impact.
Sarah Coyle
Division of Care and Treatment Services
(608) 266-2715
