DHS 75.20 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction in (1) (a) 3., (b) 3., 9. made under s. 35.17, Stats., Register October 2021 No. 790.

DHS 75.21DHS 75.21 Confidentiality. A service shall have written policies, procedures and staff training to ensure compliance with applicable confidentiality provisions of 42 CFR part 2, 45 CFR parts 164 and 170, ss. 51.30, 146.816 and 146.82, Stats., and ch. DHS 92. Each staff member shall sign a statement acknowledging responsibility to maintain confidentiality of personal information about persons served.

DHS 75.21 HistoryHistory: CR 20-047: cr. Register October 2021 No. 790, eff. 10-1-22; correction made under s. 35.17, Stats., Register October 2021 No. 790.

DHS 75.22(1)(1) Application. A service under this chapter that delivers treatment services to minors shall identify within their application to the department each level of care that will provide treatment services for minors.

DHS 75.22(2)(2) Statutory requirements. A service that delivers treatment services to minors shall adhere to all applicable requirements outlined in ss. 51.13, 51.138, 51.14, 51.47 and 51.48, Stats.

DHS 75.22(3)(3) Family involvement. Services for minors shall include the involvement of a parent, guardian, or other family members whenever possible.

DHS 75.22(4)(4) Staff qualifications. Staff delivering services to minors shall have training, experience, or education specific to the treatment of substance use and mental health for minors and shall practice within their scope. A record of relevant training, experience, or education shall be documented in the personnel record.

DHS 75.22(5)(5) Staff training. A service that delivers treatment services to minors shall provide training to clinical staff in the areas of adolescent development, family systems, child abuse and neglect, and involuntary treatment laws for minors, unless the service is able to provide documentation of the staff member’s previous training, professional education, or supervised experience addressing these areas. A record of required training shall be documented in the personnel record.

DHS 75.22(6)(6) Separation of services. Services for minors shall be separate from adult services, with the exception of specialized groups addressing the needs of transitional-age youth. Services for transitional-age youth shall be separate from other services for minors or adults.

DHS 75.22(7)(7) Policies and procedures. A service that delivers treatment services to minors shall have written policies and procedures to address specific safety needs of minors, including consideration of vulnerability related to adult populations served within the facility, adequacy of supervision for service delivery, and services addressing specific needs of youth.

DHS 75.23(1)(1) Service levels of care.

DHS 75.23(1)(a)(a) Services delivered under this chapter shall adhere to standardized levels of care as defined in this chapter. A service shall apply the ASAM criteria or other department-approved placement criteria to determine the appropriate level of care, and services shall be delivered consistent with that level of care.

DHS 75.23(1)(b)(b) A service shall not deliver or purport to deliver a service for which they do not possess certification by the department under this chapter.

DHS 75.23(2)(2) Use of asam or other department-approved placement criteria.

DHS 75.23(2)(a)(a) A service shall utilize ASAM placement criteria or other department-approved placement criteria to determine the level of care that is matched to a patient’s needs and risk level.

DHS 75.23(2)(b)(b) In order to be approved by the department, other placement criteria must include all of the following:

DHS 75.23(2)(b)1.1. A multi-dimensional assessment tool that captures behavioral health, physical health, readiness for change, social risk levels and directly correlates risk level to service levels of care based on frequency and intensity of the service.

DHS 75.23(2)(b)2.2. Proof that the criteria is accepted and utilized within professional organizations in the field of healthcare and allows for consistency of interpretation across settings and providers.

DHS 75.23 NoteNote: Copies of the ASAM Criteria: Treatment Criteria for Addictive, Substance-Related, and Co-Occurring Conditions (published October 24, 2013) are on file in the department’s division of care and treatment services and the legislative reference bureau, and may be obtained from ASAM at 11400 Rockville Pike, Suite 200, Rockville, MD 20852, or https://www.asam.org/asam-criteria/text.

DHS 75.23(3)(3) Level of care transfer. A service that offers more than one level of care under this chapter shall identify in the clinical record which level of care the patient is receiving based on the clinical assessment. When a level of care transfer is completed as indicated by assessment or treatment plan review, the service shall document the level of care transfer in the record and shall thereafter meet the service requirements for the indicated level of care.

DHS 75.23(4)(4) Concurrent services.

DHS 75.23(4)(a)(a) If a patient is receiving services in more than one level of care at a given time, the service shall adhere to all applicable standards for each level of care, and to the level of care standard with the highest requirement when more than one apply.

DHS 75.23(4)(b)(b) If a patient is receiving services in more than one level of care at a given time, the patient shall be listed on a roster or patient list for each level of care in which they receive services.