(b) Payment for the application fee required under s. 51.04, Stats. (c) A program statement developed under s. DHS 72.09. (d) A copy of the program’s policies and procedures developed under s. DHS 72.10. (e) Any other information requested by the department.
(f) Any other applicable fees.
(2) Certification determination.
(a) The department shall make a certification determination within 60 days of receiving all completed application materials.
(b) If the department does not approve the program statement or determines that an applicant does not comply with the requirements of this chapter, the department may deny the certification. A denial of certification shall be in writing and shall contain the reason for the denial and notice of opportunity for a hearing under s. 227.42, Stats. (3) Compliance review. Upon receipt of all completed application materials described in sub. (2), the applicant shall permit the department to conduct an on-site inspection of the program and a review of any documentation necessary to determine compliance with this chapter.
(4) Notification of changes. A program that has received certification from the department shall notify the department of any change of administration, ownership, program name, or any other change that may affect compliance with this chapter before the effective date of the change. A certification is non-transferable. A new application will be required if the department determines there is a substantial change in the program.
(5) Duration of certification.
(a) Certification remains valid until it is terminated or suspended by the department in accordance with sub. (8) .
(b) Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with sub. (6). (6) 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 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.
(c) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.
(7) Statement of deficiency.
(a) If the department determines that a program has a deficiency, the department shall issue a statement of deficiency to the program within 14 calendar days. The statement of deficiency may place restrictions on the program or its activities, or suspend or terminate the program's certification, pursuant to sub. (8).
(b) The program shall submit a plan of correction to the department within 14 calendar days upon receipt of the statement of deficiency. The plan of correction shall propose the specific steps the program will take to correct the deficiency, the timelines within which the corrections will be made, and the staff members who will implement the plan and monitor for future compliance.
(c) If the department determines that the plan of correction submitted by the program does not adequately address the deficiencies listed in the statement of deficiency, the department may request a new plan of correction from the program or may impose a plan of correction.
(8) Termination and suspension of certification. The department may suspend or revoke certification for any of the reasons specified under s. 51.032, Stats., or for failure to comply with this chapter. The department shall provide the reasons for suspension or revocation and the process for appeal of the suspension or revocation in a written notice to the applicant. (9) Appeals.
(a) If the department denies, suspends, or terminates certification, or imposes conditions on a certification, the program may request a hearing under ch. 227, Stats. (b) An applicant for program certification does not have a right to appeal when all of the following apply:
1. The issue is the denial of the application for certification.
2. The department has determined to limit the number of programs statewide.
3. The addition of the facility would exceed the limit determined by the department.
(a) Waivers and variances.
1. A substance use overdose treatment program that is certified under this subchapter may apply for a discretionary waiver or variance to any non-statutory requirements in this subchapter. A written request for a waiver or variance shall be sent to the department on a form provided by the department and shall address all of the criteria identified in subd. 2 of this paragraph.
2. The department may grant a substance use overdose treatment program's application for a waiver or variance if the department determines that all of the following criteria are met:
a. Strict enforcement of the non-statutory requirements identified in the waiver or variance application would result in an unreasonable hardship for the substance use overdose treatment program.
b. The proposed waiver or variance will not diminish the effectiveness of the services provided.
c. The proposed waiver or variance will not jeopardize the health, safety, welfare, or rights of any participant.
d. Any waiver or variance proposed in the application is consistent with all state and federal laws.
3. If a substance use overdose treatment program's proposed waiver or variance is granted, the department may specify a timeframe or time limit for the waiver or variance
(b) Rescinding or further limiting a waiver or variance. The department may rescind or limit a waiver or variance at any time by notifying the program, if any of the following occurs:
1. The department determines the waiver or variance has adversely affected or is likely to adversely affect the health, safety, or welfare recipients of the program.
2. The substance use overdose treatment program fails to comply with any of the conditions of the waiver or variance as granted.
3. The department shall inform a program in writing if it rescinds or limits a waiver or variance.
DHS 72.09 Program Statement. A substance use overdose treatment program shall complete a statement that describes the treatment and services provided by the program. The program statement must include all of the following:
(1) A description of the substance use overdose treatment program’s organizational and service structure which may include a mixture of employed or contracted staff or agencies to fulfill the program’s objectives.
(2) A description of the continuum of behavioral health and recovery support services the substance use overdose treatment program intends to provide to participants to prevent or respond to an overdose, including all of the following:
(a) Participants that will be served.
(b) How participants are referred to the program.
(c) Screening and admission criteria, including participant eligibility criteria.
(d) Assessment and service planning requirements.
(e) Mental health or substance use treatment and services provided.
(f) Care coordination activities.
(g) Peer recovery support services provided by peer recovery coaches including encouraging individuals to seek treatment for a substance use disorder following an overdose.
(h) Additional services that may be provided or coordinated with the program's services, including any of the following:
1. Community organizations that support recovery.
2. Education, training, and employment services; housing services
3. Child welfare agencies.
(i) Transportation to and from services.
(j) Discharge planning and follow-up services.
(k) How the services are trauma informed, strengths based, and culturally responsive.
(3) A description of how the substance use overdose treatment program will provide access to medications to reverse overdose.
(4) A description of the education on preventing and reversing an overdose that the substance use overdose treatment program will provide to patients and families.
(5) A description of how the substance use overdose treatment program will collect and evaluate data on the outcomes of individuals receiving peer recovery support services and coordination of care services.
DHS 72.10 Required policies and procedures. A substance use overdose treatment program certified under this chapter shall have written personnel policies and procedures that describe all of the following:
(1) Clinical assessment and treatment planning procedures.
(2) Care coordination and continuation of care.
(3) Peer recovery support services that are provided.
(4) Treatment or other services provided.
(5) Orientation and training requirements of program staff, including those found in s. DHS 72.05. (6) Supervision of program staff.
(7) If co-supervising peer recovery coaches under s. DHS 72.06 (4), information on how peer recovery coaches will be co-supervised, including all of the following: (a) The structure of the co-supervision arrangement between the competent mental health professional and the peer recovery coach supervisor.
(b) Requirements for those who provide peer recovery coach supervision, consistent with s. DHS 72.06 (5), and their responsibilities. (8) Discharge planning, including follow-up services, and referral services.
(9) Where participant records will be maintained and how confidentiality requirements of those records will be safeguarded, as required under s. DHS 72.14 (4). DHS 72.11 General qualifications.
(1) Supervisors and staff licensed or certified by the department of safety and professional services to provide behavioral health services must follow the current scope of practice established by applicable rules.
(2) Each staff member shall have the professional certification, training, experience, and ability to carry out their assigned duties.
(3) The peer recovery coach providing peer recovery support services must complete all of the training and work experience required in s. DHS 72.05. (4) Each applicant must pass a state background check as provided in s. 50.065, Stats. and ch. DHS 12. If the applicant lived in another state, any time in the three years preceding the date of the background check, a background check shall be obtained from that state as well. (5) Programs shall comply with caregiver misconduct reporting and investigation requirements in ch. DHS 13. Note: For a state of Wisconsin background check, obtain the name, sex, race, and date of birth of the person about whom you are requesting the check. Information on the process and fees for a background check can be found online at https://www.dhs.wisconsin.gov/caregiver/cbcprocess.htm. (6) Employee personnel records shall be available upon request for review by the department. A separate record for each employee shall be maintained, kept current, and at a minimum, include all of the following:
(a) A written job description including duties, responsibilities, and qualifications required for the employee.
(b) Beginning date of employment.
(c) Qualifications based on education or experience.
(d) A completed caregiver background check following procedures under s. 50.065, Stats., and ch. DHS 12.
