DHS 35.11(1m)(b)1. 1. If requested by the department, the clinic shall submit a plan of correction to the department within 30 days of the date of the notice of deficiency issued under par. (a), or other time designated by the department in the notice of deficiency. If the plan of correction submitted by the clinic is not acceptable to the department, the department may impose a plan of correction.

DHS 35.11(1m)(b)2. 2. A plan of correction submitted by a clinic or imposed by the department under subd. 1. shall identify the specific steps the clinic will take to correct the deficiency; the timeline within which the corrections will be made; and the staff members who will implement the plan and monitor for future compliance.

DHS 35.11(2) (2) Termination and summary suspension of certification.

DHS 35.11(2)(a) (a) The department may terminate certification at any time for any major deficiency upon written notice to the clinic. The notice shall specify the reason for the department action and the appeal information under sub. (3).

DHS 35.11(2)(b) (b)

DHS 35.11(2)(b)1. 1. The department may summarily suspend a clinic’s certification if the department believes immediate action is required to protect the health, safety, and welfare of consumers. Notice of summary suspension of certification may be written or verbal and shall specify the reason for the department action and the date the action becomes effective. Within 10 working days after the order is issued, the department shall either allow continuance of the clinic’s certification or proceed to terminate the clinic’s certification.

DHS 35.11(2)(b)2. 2. Unless waived by the clinic, the division of hearings and appeals shall hold a hearing within 10 working days after the effective date of the order in subd. 1. to determine if certification should remain suspended during termination proceedings. The division of hearings and appeals shall give written notice of the hearing to the clinic and the department.

DHS 35.11(3) (3) Appeals.

DHS 35.11(3)(a) (a) If the department denies or terminates certification, the clinic may request a contested case hearing under ch. 227, Stats.

DHS 35.11(3)(b) (b) A clinic’s request for hearing shall be submitted in writing to the department of administration’s division of hearings and appeals within 30 days after the date of the notice of the department’s action. If the clinic makes a timely request for hearing on the department’s decision to terminate or deny certification, that action is stayed pending a decision on the appeal, unless the certification has been summarily suspended.

DHS 35.11 Note Note: 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 [phone].

DHS 35.11 History History: CR 06-080: cr. Register May 2009 No. 641, eff. 6-1-09; CR 22-078: am. (3) (b) Register July 2023 No. 811, eff. 8-1-23.

DHS 35.12 DHS 35.12 Waivers and variances.

DHS 35.12(1) (1) A clinic may apply to the department for a waiver or a variance at any time. Each request shall be made in writing to the department and shall include all of the following:

DHS 35.12(1)(a) (a) Identification of the rule provision from which the waiver or variance is requested.

DHS 35.12(1)(b) (b) The time period for which the waiver or variance is requested.

DHS 35.12(1)(c) (c) If the request is for a variance, the specific alternative action that the outpatient clinic proposes.

DHS 35.12(1)(d) (d) The reasons for the request.

DHS 35.12(1)(e) (e) Supporting justification.

DHS 35.12(1)(f) (f) Any other information requested by the department.

DHS 35.12 Note Note: 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 35.12(2) (2) The department may grant a waiver or variance permitting a clinic to use new concepts, methods, procedures, techniques, equipment, personnel qualifications, or the conducting of pilot projects in the interest of better care or management, if the department finds that the waiver or variance will not adversely affect the health, safety, or welfare of any consumer.

DHS 35.12(2m) (2m) The department may grant a variance to a clinic that is unable to meet the minimum staffing requirements under s. DHS 35.123 (2). To be eligible for a variance under this subsection, the clinic shall establish that it has made and continues to make a good faith effort to recruit and retain a sufficient number of staff with the qualifications specified in s. DHS 35.123 (2). In addition to any other conditions the department may impose on a variance issued under this paragraph, the department shall require that the clinic submit evidence on a continuous basis of the clinic’s good faith efforts to recruit and retain qualified staff.

DHS 35.12(3) (3) The department shall provide its determination on a request for a waiver or variance to the clinic in writing. The department may impose restrictions on any waiver or variance it grants, including limiting the duration of any waiver or variance and may withdraw the waiver or variance if a clinic is not in compliance with one or more of the restrictions. The terms or restrictions of a variance may be modified upon agreement between the department and the clinic.

DHS 35.12(4) (4) 

DHS 35.12(4)(a) (a) Within 60 days of the receipt of a request for waiver, the department shall grant or deny the waiver in writing. If the department denies a request for a waiver or variance, or revokes a waiver or variance, the reason for the denial or revocation shall be included in the notice.

DHS 35.12(4)(b) (b) The department may revoke a waiver or variance if any of the following occurs:

DHS 35.12(4)(b)1. 1. The actions taken as a result of the waiver or variance have or will adversely affect the health, safety or welfare of a consumer.

DHS 35.12(4)(b)2. 2. The clinic has failed to comply with the variance as granted.