DHS 36.06(3)(a)(a) If the department denies, revokes, suspends, or refuses to renew certification, the CCS may request an administrative hearing under ch. 227, Stats. If a timely request for hearing is made on a decision to suspend or revoke or not renew a certification, that action is stayed pending the decision on the appeal except when 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 36.06(3)(b)(b) A request for hearing shall be submitted in writing to the department of administration’s division of administrative hearings within 30 days after the date of the notice of the department’s action. DHS 36.06 NoteNote: A request for hearing may be delivered in person or mailed to the Division of Hearings and Appeals, 5005 University Avenue, Suite 201, Madison, WI 53707-7875. An appeal may be sent by fax to the Division’s facsimile transmission number at (608) 264-9885.
DHS 36.06(4)(4) Actions barring service in a ccs. Any person having direct management responsibility for a CCS who was involved in any one of the following may not provide service in or for a certified CCS for a period not to exceed 5 years: DHS 36.06(4)(b)(b) An act that results in conviction for a criminal offense related to services provided under s. 632.89, Stats., whether or not the conviction is under appeal. DHS 36.06(4)(c)(c) An act involving a staff member who removes or destroys consumer service records. DHS 36.06 HistoryHistory: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction in (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DHS 36.065(1)(a)(a) “Waiver” means the grant of an exemption from a non-statutory requirement of this chapter. DHS 36.065(1)(b)(b) “Variance” means the granting of an alternate requirement in place of a non-statutory requirement of this chapter. DHS 36.065(2)(a)(a) An application for a waiver or a variance may be made at any time. Each request shall be made in writing to the department and shall include all of the following: DHS 36.065(2)(a)1.1. Identification of the rule provision from which the waiver or variance is requested. DHS 36.065(2)(a)3.3. If the request is for a variance, the specific alternative action that the CCS proposes. DHS 36.065 NoteNote: An application for a waiver or variance should be addressed to the Behavioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969.
DHS 36.065(2)(b)(b) A waiver or variance may be granted if the department finds that the waiver or variance will not adversely affect the health, safety, or welfare of any consumer and any one of the following applies: DHS 36.065(2)(b)1.1. Strict enforcement of a requirement would result in unreasonable hardship on the CCS or on a consumer. DHS 36.065(2)(b)2.2. An alternative to a rule, including new concepts, methods, procedures, techniques, equipment, personnel qualifications, or the conducting of pilot projects is in the interest of better care or management. DHS 36.065(2)(c)(c) A determination on a request for a waiver or variance shall be made to the CCS in writing. If the decision is to deny the waiver or variance, the reason for the denial shall be included in the notice. DHS 36.065(2)(d)(d) The terms of a variance may be modified upon agreement between the department and the CCS. The department may impose any condition on a waiver or variance which the department deems necessary. DHS 36.065(2)(e)(e) The department may limit the duration of any waiver or variance. DHS 36.065(2)(f)(f) The department may revoke a waiver or variance if any one of the following occurs: DHS 36.065(2)(f)1.1. The waiver or variance adversely affects the health, safety or welfare of a consumer. DHS 36.065(2)(f)3.3. The CCS notifies the department that it wishes to relinquish the waiver or variance. DHS 36.065(2)(f)5.5. For any other reason necessary to protect the health, safety, and welfare of a consumer. DHS 36.065 HistoryHistory: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04. DHS 36.07DHS 36.07 Comprehensive community services plan. Each CCS program shall have a written plan that shall include all of the following: DHS 36.07(1)(1) A description of the organizational structure. The description shall include all of the following: DHS 36.07(1)(b)(b) Policies and procedures to implement a quality improvement plan consistent with the requirements in s. DHS 36.08. DHS 36.07(1)(c)(c) Policies and procedures to establish a coordination committee and work with a coordination committee consistent with the requirements in s. DHS 36.09. DHS 36.07(1)(d)(d) Criteria for recruiting and contracting with providers of psychosocial rehabilitation services. DHS 36.07(1)(e)(e) Policies and procedures for updating and revising the CCS plan to ensure that it accurately identifies current services provided and any changes in policies and procedures of the CCS. DHS 36.07(2)(2) A written summary detailing the recommendations of the coordination committee made under s. DHS 36.09 (3) (a) and a written response by the CCS to the coordination committee’s recommendations. DHS 36.07(3)(3) A description of the currently available mental health, substance-use disorder, crisis services, and other services in the county or tribe and how the CCS will interface and enhance these services. The description shall include policies and procedures for developing and implementing collaborative arrangements and interagency agreements addressing all of the following: DHS 36.07(3)(a)(a) Processes necessary to include the CCS in planning to support consumers who are discharged from a non-CCS program or facilities that include inpatient psychiatric or substance-use treatment, a nursing home, residential care center, day treatment provider, jail or prison. DHS 36.07(3)(b)(b) The role of the CCS when an emergency protective placement is being sought under s. 55.135, Stats., and when protective services or elder abuse investigations are involved. DHS 36.07(3)(c)(c) The role of the CCS when the CCS provides services in conjunction with any other care coordination service including protective services, integrated services projects, and schools. DHS 36.07(3)(d)(d) The role of the CCS when a consumer is living in the community under a ch. 51, Stats., commitment. DHS 36.07(3)(e)(e) Establishing contracts and agreements with community agencies providing psychosocial rehabilitation services. DHS 36.07(3)(f)(f) Establishing contracts when a needed service is not available in the existing array of services. DHS 36.07(3)(g)(g) Arrangements with the county or tribal emergency services program to ensure identification and referral of CCS consumers who are in crisis. DHS 36.07(4)(a)(a) A description of an array of psychosocial rehabilitation services and service providers to be available through the CCS. The services and service providers shall be determined by all of the following: DHS 36.07(4)(a)1.1. Identifying anticipated service needs of potential consumers, including minors and the elderly, that are based upon the assessment domains identified in s. DHS 36.16 (4). DHS 36.07(4)(a)2.2. Identifying treatment interventions to address the needs identified in subd. 1. Treatment interventions for minors and elderly consumers shall be identified separately from other consumers. DHS 36.07(4)(b)(b) The description in par. (a) shall include the methods that the CCS will use to identify and contract with service providers. DHS 36.07(5)(5) Policies and procedures developed for each of the following: DHS 36.07(5)(c)(c) The timely exchange of information between the CCS and contracted agencies necessary for service coordination. DHS 36.07(5)(e)(e) Monitoring compliance with this chapter and applicable state and federal law. DHS 36.07(5)(g)(g) Communication to the consumer of services offered by the CCS, costs to the consumer, grievance procedure, and requirements for informed consent for medication and treatment. DHS 36.07(5)(h)(h) Ensuring that a consumer’s cultural heritage and primary language are considered as primary factors when developing the consumer’s service plan and that activities and services are accessible in a language in which the consumer is fluent. DHS 36.07(5)(t)(t) Policy on telehealth, including when telehealth can be used and by whom, patient privacy and information security considerations, and the right to decline services provided via telehealth. DHS 36.07 HistoryHistory: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 23-053: cr. (5) (t) Register September 2023 No. 813, eff. 10-1-23. DHS 36.08(1)(1) The CCS shall develop and implement a quality improvement plan to assess consumer satisfaction and progress toward desired outcomes identified through the assessment process. DHS 36.08(2)(a)(a) The plan shall include procedures for protecting the confidentiality of persons providing opinions and include a description of the methods the CCS will use to measure consumer opinion on the services offered by the CCS, assessment, service planning, service delivery, and service facilitation activities. DHS 36.08(2)(b)(b) The plan shall also include a description of the methods the CCS will use to evaluate the effectiveness of changes in the CCS program based on results of the consumer satisfaction survey, recommendations for program improvement by the coordination committee, and other relevant information. DHS 36.08 HistoryHistory: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04. DHS 36.09DHS 36.09 CCS coordination committee. DHS 36.09(1)(a)(a) The CCS shall appoint a coordination committee that includes representatives from various county or tribal departments, including individuals who are responsible for mental health and substance abuse services, service providers, community mental health and substance abuse advocates, consumers, family members and interested citizens. DHS 36.09(1)(b)(b) An existing committee within the county or tribe may serve as the coordinating committee if it has the membership required and agrees to undertake the responsibilities in sub. (3). DHS 36.09(2)(2) At least one-third of the total membership of the coordination committee shall be consumers. No more than one-third of the total membership of the coordination committee may be county employees or providers of mental health or substance abuse services.
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