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 72 is created to read:
_Hlk152950781OVERDOSE TREATMENT PROVIDER CERTIFICATION AND COVERED SERVICES Subchapter I – General Provisions
DHS 72.01 Authority and purpose.
DHS 72.02 Applicability.
DHS 72.03 Definitions.
Subchapter II – Peer Recovery Support Services Standards
DHS 72.04 Peer recovery support services.
DHS 72.05 Training, orientation, and continuing education requirements.
DHS 72.06 Supervision of peer recovery coaches.
DHS 72.07 Documentation.
Subchapter III – Coordination of Care in Substance Use Overdose Program Requirements
DHS 72.08 Application requirements and policies.
DHS 72.09 Program statement.
DHS 72.10 Required policies and procedures.
DHS 72.11 General qualifications.
DHS 72.12 Orientation, training, and continuing education.
DHS 72.13 Participant rights.
DHS 72.14 Participant service records.
DHS 72. 15 Discharge summary.
(1) Peer recovery support services.
(2) Treatment programs for coordination and continuation of care following an overdose.
DHS 72.02 Applicability.
(1) This chapter shall apply to all of the following seeking reimbursement under the medical assistance program for recovery support services:
(a) A publicly or privately operated facility, clinic, or organization providing peer recovery support services, coordination and continuation of care for individuals at high risk for overdose, or both, in response to or following a substance use overdose.
(b) A county department or Tribal nation providing peer recovery support services, coordination of care in substance use overdose, mental health, or substance use treatment services.
(c) A publicly or privately operated service that requests certification by the department.
DHS 72.03 Definitions. In this chapter:
(1) “Behavioral health” means the spectrum encompassing mental health and substance use disorders occurring either independently or simultaneously.
(2) “Certification" means the approval of the service by the department’s division of quality assurance.
(3) “Co-supervision” means a shared model of supervision where a peer recovery coach is supervised by both a competent mental health professional and a peer recovery coach supervisor, either individually or in groups, to ensure that all aspects of peer recovery coaching can be modeled and supervised.
(4)
(a) “Competent mental health professional” means any of the following:
1. A physician who has completed a residence in psychiatry or is certified in addiction medicine.
2. A psychologist or a private practice school psychologist licensed under ch. 455, Stats. 3. A marriage and family therapist licensed under s. 457.10 or 457.11, Stats. 4. A professional counselor licensed under s. 457.12 or 457.13, Stats. 5. An advanced practice social worker granted a certificate under s. 457.08 (2), Stats. 6. An independent social worker granted a certificate under s. 457.08 (3), Stats. 7. A clinical social worker licensed under s. 457.08 (4), Stats. 8. A clinical substance abuse counselor or independent clinical supervisor certified under s. 440.88, Stats. 9. Any of the individuals under subds. 1. to 8. who are practicing under a currently valid training or temporary license or certificate granted under applicable provisions of ch. 457, Stats. (b) “Competent mental health professional" does not include an individual whose license or certificate is suspended, revoked, or voluntarily surrendered, or whose license or certificate is limited or restricted, when practicing in areas prohibited by the limitation or restriction. “
_Hlk150507525(5) “Continuum of behavioral health and peer recovery support services” means an integrated system of care that includes a comprehensive array of behavioral health services spanning all levels of intensity of care including prevention, early intervention, harm reduction, treatment, psychosocial rehabilitation services, continuing care, and recovery services. (6) “County department” means a county department of human services under s. 46.23, Stats., or a county department of community programs established under s. 51.42, Stats., to administer community mental health and alcohol and drug abuse programs on a single-county or multi-county basis. (7) “Department” means the Wisconsin department of health services.
(8) “DSM” means the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (2013), published by the American psychiatric association.
(10) “Mental illness" means a diagnosis meeting the criteria in the DSM.
(11) “Overdose” means the ingestion or application of a drug or other substance in a quantity greater than is recommended that results in serious negative health effects or death.
(12) “Overdose treatment provider” means an entity, including an emergency department of a hospital, that offers treatment or other services to individuals in response to or following a substance use overdose or an individual at high risk for a substance use overdose.
(13) “Peer recovery coach” means an individual who practices in the recovery field and who provides support and assistance to individuals who are in treatment or recovery from mental illness, a substance use disorder, or both.
_Hlk152925401(14) “Peer recovery coach supervisor” means a person who can co-supervise peer recovery coaches with a competent mental health professional if the peer recovery coach supervisor meets all the qualifications of a peer recovery coach in this chapter, has one year experience providing peer recovery coaching, and training in providing peer supervision. (15) “Peer recovery support services” are non-clinical services designed to meet the needs of individuals in or seeking recovery. These services are provided by peer recovery coaches and are designed to engage, educate, support, and assist individuals engaged in the recovery process.
(16) “Recovery” means a process of change through which an individual improves their health and wellness, lives a self-directed life, and strives to reach their full potential.
(17) “Service plan” means identified goals, objectives, and resources agreed upon by the participant and the service provider to be used in facilitation of the participant’s recovery.
(18) “Substance use disorder" means a diagnosis of substance use disorder listed in the DSM.
(19) “Substance use overdose treatment program” is a program certified under this chapter that offers an array of coordinated treatment and services, including peer recovery support services, in an integrated model of care to individuals at risk of or in response to a substance use overdose.
(20) “Supervision” means a professional and collaborative activity between a supervisor and staff which provides guidance and support to assure quality work and promote staff development.
(21) “Tribe" means a federally recognized American Indian tribe or band.
(22) “Treatment” means the planned provision of services that are responsive to a participant’s individual needs to assist them through the process of mental health recovery, substance use recovery, or both.
(23)“Variance" means an alternate means of meeting a requirement in this chapter.
(24) “Waiver" means an exemption from a requirement of this chapter.
_Hlk170474049Subchapter II – Peer Recovery Support Services Standards (1) Peer recovery coaches may provide peer recovery support services in accordance with this subchapter to individuals with mental health or substance use challenges in any of the following:
(a) Substance use overdose treatment program certified under subch. III.
(b) A behavioral health program certified under ch. DHS 34,35, 36, 63, 75, or 124. _Hlk158382372(2) Peer recovery coaches shall do all of the following: (a) Possess personal lived experience with mental health challenges, substance use challenges, or both. This may include experience as a parent or as an adult family member of an individual who has experienced mental health or substance use challenges.
(b) Use their lived experience and recovery, combined with training and supervision, to support participants with mental health or substance use challenges in their recovery.
(c) Provide services in coordination with the participant’s individual treatment goals noted on the service plan.
