SECTION 23. DHS 101.03 (172q) is created to read:
DHS 101.03 (172q) “Substance use disorder” or "SUD" has the meaning provided in s. DHS 75.03 (87). SECTION 24. DHS 104.01 (1) (a) 1. o. is amended to read:
DHS 104.01 (1) (a) 1. o. Services provided are alcohol and other drug abuse (AODA) behavioral health day treatment services
SECTION 25. DHS 105.07 (2) and (5) are amended to read:
DHS 105.07 (2) A hospital providing outpatient alcohol and other drug abuse (AODA) SUD treatment services shall meet the requirements specified in s. DHS 105.23; DHS 105.07 (5) A hospital providing (AODA) behavioral health day treatment services shall be certified under s. DHS 105.25. SECTION 26. DHS 105.21 (1) (a) to (e) are amended to read:
DHS 105.21 (1) (a) Meet the requirements of s. DHS 105.07, and; including all of the following: 1. Maintain Maintaining clinical records on all patients, including records sufficient to permit determination of the degree and intensity of treatment furnished to MA recipients, as specified in 42 CFR 482.61; and. 2. Maintain Maintaining numbers of qualified professional and supportive staff to evaluate patients, formulate written, individualized comprehensive treatment plans, provide active treatment measures and engage in discharge planning, as specified in 42 CFR 482.62;. (c) If participating in the PRO review program, meet the requirements of that program and any other requirements established under the state contract with the PROs;.
(d) If providing outpatient psychotherapy, comply with s. DHS 105.22;. (e) If providing outpatient alcohol and other drug abuse SUD treatment services, comply with s. DHS 105.23; and. SECTION 27. DHS 105.23 (title), (1) (intro.) and (a) to (c) are amended to read:
DHS 105.23 Alcohol and other drug abuse (AODA) SUD treatment providers.
(1) Types of providers. For MA certification, an outpatient alcohol and other drug abuse (AODA) SUD treatment provider shall be any of the following:
(a) An outpatient facility operated by a board and certified under ss. DHS 75.49 and 75.50 and 75.51;. (b) An outpatient facility or hospital outpatient AODA SUD facility certified under ss. DHS 75.49, 75.50, and 75.51; or. SECTION 28. DHS 105.23 (2) (title), (a) (intro) and 2. are amended to read:
DHS 105.23 (2) Staffing requirements for outpatient SUD facilities.
(a) To provide AODA SUD treatment services reimbursable under MA, personnel employed by an outpatient facility under sub. (1) (a) or (b) shall:
DHS 105.23 (2) (a) 2. Be an AODA counselor certified by the Wisconsin alcoholism and drug as a substance abuse counselor certification board and work under the supervision of a provider who is a licensed physician or licensed psychologist and employed by the same facility, clinical supervisor, or prevention specialist in accordance with s. 400.88(3), Stats., or be exempt from substance abuse certification under s. 440.88(3m), Stats. SECTION 29. DHS 105.23 (2) (a) 2. (Note) is repealed.
SECTION 30. DHS 105.23 (2) (b) is amended to read:
DHS 105.23 (2) (b) The facility shall provide the department with a list of persons employed by the facility who perform AODA SUD treatment services for which reimbursement may be claimed under MA. The listing shall identify the credentials possessed by the named persons which would qualify them for certification under the standards specified in par. (a). A facility, once certified, shall promptly advise the department in writing of the employment or termination of employees who will be or have been providing AODA SUD treatment services under MA.
SECTION 31. DHS 105.23 (3) (title) is amended to read:
DS 105.23 (3) Reimbursement for AODA SUD services.
SECTION 32. DHS 105.23 (3) (intro) is renumbered DHS 105.23 (3) and amended to read:
DHS 105.23 (3) Reimbursement for outpatient AODA treatment services shall be as follows: made to any certified SUD provider whose practice, as described by individual licensure or clinic certification regulations, allows for the delivery of SUD services without clinical supervision. For outpatient SUD services delivered by certified providers who are required, under individual licensure or clinic certification regulations, to practice under a clinical supervisor, reimbursement shall be made to the supervising provider. The supervising provider must be MA certified.
SECTION 33. DHS 105.23 (3) (a), (b), and (Note) are repealed.
SECTION 34. DHS 105.235 is created to read:
DHS 105.235 Intensive outpatient behavioral health service providers.
(1) Requirements. For MA certification, an intensive outpatient behavioral health service provider shall do all of the following:
(a) Be certified as one of the following:
1. An intensive outpatient treatment service under s. DHS 75.51. 2. A federally qualified health center in which intensive outpatient behavioral health services are included in the approved scope of practice.
(b) Have all of the following on staff:
1. A medical director, as defined in s. DHS 75.03 (51), who provides medical oversight and consultation regarding operations of services. 2. At least one substance abuse counselor, as defined in s. DHS 75.03 (85), who is available during the provision of substance use services. 3. At least one mental health professional, as defined in s. DHS 75.03 (56), who is available during the provision of mental health services. (d) Provide services at times that allow most patients to maintain employment or attend school.
(2) Reimbursement for integrated outpatient service programs. For the services of any provider employed by or under contract to a certified intensive outpatient behavioral health facility, reimbursement shall be made to the facility certified under sub. (1).
SECTION 35. DHS 105.25 (title) and (1) are amended to read:
DHS 105.25 Alcohol and other drug abuse (AODA) Behavioral health day treatment providers.
(1) Types of providers. For MA certification, an alcohol and other drug abuse (AODA) a behavioral health day treatment provider shall be certified under ss. s. DHS 75.52 and 105.23. SECTION 36. DHS 105.25 (2) (a) is repealed and recreated to read:
DHS 105.25 (2) (a) Facilities shall adhere to general requirements for service staff under s. DHS 75.18, and specific requirements for on-site and available staff under s. DHS 75.48 (1) (table), column DHS 75.52, rows (c) to (g) and (n) and s. DHS 75.52. SECTION 37. DHS 105.25 (2) (b) is amended to read:
105.25 (2) (b) A treatment plan for each participating recipient shall be developed, directed and monitored by designated members of an interdisciplinary treatment team which includes an alcohol and drug counselor II or III, certified as provided in ss. DHS 75.03 (85) and 75.18 (2) (c) and (6) (b), a physician or licensed psychologist, and other health care professionals in accordance with s. DHS 75.24(13). The treatment team shall maintain a written record of each recipient's treatment and progress toward meeting the goals described in the recipient's plan of care. SECTION 38. DHS 105.25 (2) (c) is repealed.
SECTION 39. DHS 105.52 (4) (c) 1. to 10. are amended to read:
DHS 105.52 (4) (c) 1. Women, infants, and children (WIC) programs;.
