The proposed rules are not anticipated to have an effect on small businesses.
Agency contact person
Statement on quality of agency data
See “summary of factual data and analytical methodologies” section above.
The data used by the department to prepare these proposed rules and analysis comply with s. 227.14 (2m), Stats. Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
SECTION 1. DHS 34.03 (2) (title) and (intro.) are amended to read:
DHS 34.03 (2) Certification Initial certification process. On review of an application for initial certification or renewal of certification, the department shall do all of the following:
SECTION 2. DHS 34.03 (3) (intro.) is amended to read:
DHS 34.03 (3) Issuance of certification. (a) Within 60 days after receiving a completed application for initial certification or renewal of certification, the department shall do one of the following:
SECTION 3. DHS 34.03 (6) is repealed and recreated to read:
DHS 34.03 (6) Duration of certification.
(a) Certification remains valid until it is suspended or terminated by the department in accordance with sub. (8), (9) (c), (10) (f), or (11).
(b) Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with sub. (7) (c).
SECTION 4. DHS 34.03 (7) is repealed and recreated to read:
DHS 34.03 (7) Biennial report and fees.
(a) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of the certification continuation fees under s. 51.04, Stats. (b) The department shall send the certification continuation materials to the provider, which the provider is expected to complete and submit to the department according to the instructions provided.
(c) A certification shall be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.
SECTION 5. DHS 34.03 (8) (intro.) is amended to read:
DHS 34.03 (8) Actions against a certified program. The department may terminate, or suspend, or refuse to renew a program’s certification after providing the program with prior written notice of the proposed action which shall include the reason for the proposed action and notice of opportunity for a hearing under sub. (12), whenever the department finds that any of the following has occurred:
SECTION 6. DHS 34.03 (10) (a), (f) and (g) are amended to read:
DHS 34.03 (10) (a) If, during a survey for renewal or an inspection, the department determines that minor deficiencies exist, the department shall issue a notice of deficiency to the program and offer the program a provisional certificate pending correction of the identified deficiencies.
(f) If the goals of the plan of correction have not been accomplished, the department may deny the application for renewal, suspend or terminate the program’s certification or allow the program one extension of no more than 30 additional days to complete the plan of correction. If after this extension the program has still not remedied the identified deficiencies, the department shall deny the application for renewal, or suspend or terminate the certification.
(g) If the department denies the application for renewal or , suspends, or terminates the certification, the department shall provide the program with a written notice of the reasons for the action and inform the program of its right to a hearing under sub. (12).
SECTION 7. DHS 34.03 (12) (a) is amended to read:
DHS 34.03 (12) (a) In the event that the department denies, terminates, or suspends or refuses to renew certification, or gives prior notice of its intent to do so, an applicant or program may request a hearing under ch. 227, Stats. SECTION 8. DHS 35.08 (1) (title) and (a) consolidated and renumbered DHS 35.08(1) and amended to read:
DHS 35.08 (1) Application Initial application. Application to the department for initial or renewal outpatient mental health clinic certification shall be made to the department on a form provided by the department and shall include applicable fees, proof of malpractice and liability insurance for the clinic and each staff member who provides psychotherapy or who is a prescriber, and all of the information requested in the application. Additional offices do not require separate certification, but the clinic shall identify each office location and respond to any questions regarding each office in the application for initial or renewal certification.
SECTION 9. DHS 35.08 (1) (b) is repealed.
SECTION 10. DHS 35.08 (2) (a) (intro.) is amended to read:
DHS 35.08 (2) (a) Upon receipt of a complete initial or renewal application, department staff, except as provided in par. (d), may conduct an on-site inspection of any office identified in the clinic application and may review any of the following information to determine if the clinic is in compliance with this chapter: SECTION 11. DHS 35.08 (2) (d) is repealed.
SECTION 12. DHS 35.08 (3) (a) 1. to 3. are amended to read:
DHS 35.08 (3) (a) 1. Within 60 days after receiving a complete application for initial or renewal certification, the department shall grant the clinic initial or renewal certification, whichever is applicable, or deny certification.
2. If the department determines that a clinic applying for initial or renewal certification has a deficiency that is not a major deficiency as defined under s. DHS 35.03 (9m), the department may grant or deny certification to the clinic. If the department grants initial or renewal certification to a clinic with a deficiency, the department shall issue a notice of deficiency under s. DHS 35.11 (1m) (a).
3. If the department determines that a clinic applying for initial or renewal certification has a major deficiency, the department shall issue a notice of deficiency under s. DHS 35.11 (1m) (a) and may deny initial or renewal certification, whichever is applicable.
SECTION 13. DHS 35.08 (3) (b) is repealed and recreated to read:
DHS 35.08 (3) (b) Duration of certification.
1. Certification remains valid until it is suspended or terminated by the department in accordance with s. DHS 35.11 (2) 2. Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with sub. (4).
SECTION 14. DHS 35.08 (4) is repealed and recreated to read:
(4) Biennial report and fees.
(a) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of the certification continuation fees under s. 51.04, Stats. (b) The department shall send the certification continuation materials to the provider, which the provider is expected to complete and submit to the department according to the instructions provided
(c) A certification shall be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.
SECTION 15. DHS 35.10 is amended to read:
DHS 35.10 Scope and transferability of certification. Certification is issued only for the offices identified in the application for initial or renewal certification and only for the individual or individuals, corporations or other legal entities named in the application for initial and renewal certification. Certification may not be transferred or assigned, including by change of ownership or control of a corporation or other legal entity named in the certification. A change in ownership or control includes a majority change in the shares of stock held or in the board of directors of a corporation certified under this chapter, or any other change that results in transfer of control or transfer of a majority share in the control of the operations of a clinic. A change in ownership requires application for new certification. Additional offices at which services are provided do not require separate certification but shall be identified in the application for initial and renewal certification.
SECTION 16. DHS 35.11 (3) (b) is amended to read:
DHS 35.11 (3) (b) A clinic's request for hearing shall be submitted in writing to the department of administration's division of hearings and appeals within 30 days after the date of the notice of the department's action. If the clinic makes a timely request for hearing on the department's decision to terminate or deny renewal certification, that action is stayed pending a decision on the appeal, unless the certification has been summarily suspended.
SECTION 17. DHS 36.05 (3), (7) (a) 2. And (b), and (8) are repealed.
SECTION 18. DHS 36.05 (10) is created to read:
DHS 36.05 (10) Duration of certification. A certification remains valid until one of the following occur:
(a) The certification remains valid until it is revoked or suspended by the department in accordance with s. DHS 36.06 (1). (b) The certification becomes invalid due to non-submission of the biennial report or non- payment of biennial fees in accordance with sub. (11).
SECTION 19. DHS 36.05 (11) is created to read:
DHS 36.05 (11) Biennial report and fees.
(a) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of certification continuation fees under s. 51.04, Stats. (b) The department will send the certification continuation materials to the provider, which the provider is expected to complete and submit to the department according to instructions provided.
(c) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.
SECTION 20. DHS 61.20 (5) (e) is amended to read:
DHS 61.20 (5) (e) Programs which allow certification to expire and do not initiate an application for renewal prior to the date of expiration Certification for programs that do not submit biennial reports and fees required under s. DHS 61.695 by the end of the biennial cycle will be terminated on the date of expiration without right to a hearing, thereafter,. Thereafter, a new application for certification must be submitted. SECTION 21. DHS 61.69 and 61.695 are created to read:
DHS 61.69 Duration of certification for community mental health programs.
(1) A certification under this subchapter remains valid until it is suspended or terminated by the department in accordance with s. DHS 61.20 (5). (2) Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with s. DHS 61.695. DHS 61.695 Biennial report and fees for community mental health programs.
(1) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of certification continuation fees.
(2) The department shall send the certification continuation materials to the provider, which the provider is expected to complete and submit to the department according to instructions provided under s. 51.04, Stats. (3) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.
SECTION 22. DHS 63.03 (6) is repealed and recreated to read:
DHS 63.03 (6) Duration of certification.
