DCF 54.08 Note
Note: Further explanation is available in the department's
Allowable Cost Policy Manual, which is available in the Partner Resources/Grants and Contract Administration section of the department's website at
http://dcf.wisconsin.gov.
DCF 54.08 History
History: EmR1106: emerg. cr., eff. 9-16-11;
CR 11-026: cr.
Register December 2011 No. 672, eff. 1-1-12;
CR 20-003: am. (1), (2) (a)
Register July 2020 No. 775, eff. 8-1-20.
DCF 54.09(1)(1)
Cost And service information. Each year by July 1, a licensee shall submit the following information to the department:
DCF 54.09(1)(a)
(a) A cost and service report in which the licensee reports the child-placing agency's costs, types of services provided, and number of children served in the previous year for services provided for foster homes with a Level 3 or 4 certification. The report shall be submitted on a department-prescribed form.
DCF 54.09 Note
Note: The cost and service report form is available on the department website,
http://dcf.wisconsin.gov, by clicking on foster care and adoption/child welfare licensing/rate regulation.
DCF 54.09(2)
(2)
Maximum allowable rate. Each year no later than September 1, the department shall notify licensees of the per client administrative rate that no child-placing agency may exceed for services provided in the following calendar year.
DCF 54.09(3)(a)(a) Each year no later than October 1, a licensee shall submit to the department a proposed rate for the following calendar year for each child-placing agency program that the licensee operates. The licensee shall submit the proposed rate on a department-prescribed form.
DCF 54.09(3)(b)
(b) A licensee may request an exception to the department's maximum rate under sub.
(2) if the licensee provides a specialized service or specialized programming to a specific population of children. The exception request shall explain the benefits of the service or programming and why the licensee cannot provide the service or programming within the maximum rate. The exception request shall be made on the rate request form.
DCF 54.09(4)
(4)
Review of a proposed rate. In reviewing a proposed rate submitted by a licensee under sub.
(3), the department shall consider all of the following:
DCF 54.09(4)(a)
(a) Whether the proposed rate exceeds the maximum rate determined by the department under sub.
(2).
DCF 54.09(4)(d)
(d) Whether the child-placing agency's reported costs are within a range of similar costs reported by other child-placing agencies for similar items and services.
DCF 54.09(4)(e)
(e) The child-placing agency's per client administrative rate in previous years.
DCF 54.09(4)(f)
(f) Changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.
DCF 54.09(4)(g)
(g) Changes in the consumer price index for all urban consumers, U.S. city average, for the medical care group, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.
DCF 54.09(4)(h)
(h) Changes in the allowable costs of child-placing agencies based on current actual cost data or documented projections of costs.
DCF 54.09(4)(i)
(i) Changes in program utilization that affect the per client administrative rate.
DCF 54.09(4)(j)
(j) Changes in the department's expectations relating to service delivery.
DCF 54.09(4)(k)
(k) Changes in service delivery proposed by a child-placing agency and agreed to by the department.
DCF 54.09(4)(L)
(L) The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client administrative rate for services.
DCF 54.09(4)(m)
(m) Whether the child-placing agency is accredited by a national accrediting body that has developed child welfare standards.
DCF 54.09(4)(n)
(n) Changes in any state or federal laws, rules, or regulations that result in any change in the cost of providing services, including any changes in the minimum wage, as defined in s.
49.141 (1) (g), Stats.
DCF 54.09(4)(p)
(p) The availability of funding to pay for the services to be provided under the proposed rate.
DCF 54.09(5)(a)(a) Each year no later than November 1, the department shall notify each licensee that submitted all information as required under subs.
(1) and
(3) of the maximum approved per client administrative rate for the child-placing agency for the following year.
DCF 54.09 Note
Note: The notification will be sent to the electronic mail address that the licensee has provided to the department.
DCF 54.09(5)(b)
(b) If the department determines that a proposed rate submitted under sub.
(3) is appropriate based on the factors in sub.
(4), the department shall approve the proposed rate.
DCF 54.09(5)(c)
(c) If the department determines that a proposed rate submitted under sub.
(3) is not appropriate based on the factors in sub.
(4), the department shall negotiate with a licensee to determine an agreed to rate. The department's approved rate under par.
(a) following negotiations shall be based on the factors in sub.
(4) and additional relevant information presented during negotiations.
DCF 54.09(5)(d)
(d) The department may grant a licensee's request for an exception to the department's maximum rate under sub.
(3) (b) if the department determines that the licensee has shown by clear and convincing evidence that the licensee's costs are reasonable and necessary given the costs and benefits of the licensee's specialized service or specialized programming.
DCF 54.09(6)
(6)
Noncompliance. If a licensee does not submit all information as required under subs.
(1) and
(3), the department may impose sanctions and penalties under s.
DCF 54.02 (3m) and s.
48.715, Stats., including license revocation.
DCF 54.09 History
History: EmR1106: emerg. cr., eff. 9-16-11;
CR 11-026: cr.
Register December 2011 No. 672, eff. 1-1-12.
DCF 54.10(1)(a)(a) If a licensee has negotiated with the department under s.
DCF 54.09 (5) (c) and does not agree to the department's approved rate under s.
DCF 54.09 (5) (a), the licensee may request that the department and the licensee engage in mediation. A licensee shall send a request for mediation within 5 business days after the date of the notice in s.
DCF 54.09 (5) (a). The request shall be sent by electronic mail to an address specified by the department.
DCF 54.10(1)(b)
(b) The department shall notify the licensee of the date of the mediation no later than 10 working days after receiving a request under par.
(a).
DCF 54.10(2)
(2)
Order a rate. If after mediation a rate is not agreed to, the department shall order a rate after considering the factors in s.
DCF 54.09 (4) and relevant information presented during negotiation and mediation.
DCF 54.10(3)(a)(a) A licensee may appeal the rate ordered by the department under sub.
(2) as a contested case under ch.
227, Stats. A request for hearing may be submitted to the division of hearing and appeals within 30 days after the date of the order.
DCF 54.10 Note
Note: Requests for hearing may be sent to the Division of Hearings and Appeals, PO Box 7875, Madison, WI 53707.
DCF 54.10(3)(c)
(c) The division of hearings and appeals shall notify the parties in writing at least 10 days before the hearing of the date, time, and location of the hearing and the procedures to be followed.
DCF 54.10 History
History: EmR1106: emerg. cr., eff. 9-16-11;
CR 11-026: cr.
Register December 2011 No. 672, eff. 1-1-12.
DCF 54.11(1)(1)
A licensee may request that a Wisconsin public purchaser pay an extraordinary payment in addition to the rate established under
ss.
DCF 54.07 to
54.10 for a specific child in care.
DCF 54.11(2)
(2) A licensee may request and a Wisconsin public purchaser may approve a child-specific extraordinary payment if all of the following conditions are met:
DCF 54.11(2)(a)
(a) The child has service needs that are not accounted for in the maximum per client administrative rate for the child-placing agency as determined under s.
DCF 54.09 (5) or
54.10, as applicable.
DCF 54.11(2)(b)
(b) The child's service needs are not paid for by another source.
DCF 54.11(2)(c)
(c) The extraordinary payment will be used to cover expenses that are an allowable cost under s.
DCF 54.09.
DCF 54.11(3)
(3) A licensee shall submit a request for an extraordinary payment to the Wisconsin public purchaser on a form prescribed by the department. The request shall be dated and signed and include all of the following:
DCF 54.11(3)(a)
(a) Name of the child-placing agency, licensee, and any authorized representative.
DCF 54.11(3)(b)
(b) Name of the child for whom an extraordinary payment is being requested.
DCF 54.11(3)(c)
(c) Amount of the extraordinary payment requested and time period that the extraordinary payment would cover.
DCF 54.11(3)(d)
(d) A rationale for the request that includes all of the following:
DCF 54.11(3)(d)2.
2. The amount of money that the child-placing agency is currently spending to address the child's needs.
DCF 54.11(3)(d)3.
3. Any services that are not being provided due to economic constraints.
DCF 54.11(3)(d)4.
4. Documentation of the need for additional services by a person with expertise in the child's type of needs.
DCF 54.11(3)(d)5.
5. How additional dollars would be allocated and the means by which additional services would be provided.
DCF 54.11(4)
(4) The Wisconsin public purchaser shall approve or deny the request or recommend an alternative to meet the child's needs and shall notify the licensee of the determination within 10 working days after receipt of the request form. The Wisconsin public purchaser shall send a copy of the licensee request, the signed and dated determination, and the justification for the determination to the department within 20 days of the approval or non-approval of the request.
DCF 54.11 Note
Note: Send the required information to the Department of Children and Families, Division of Safety and Permanence, Extraordinary Payments Panel, 201 W. Washington Avenue, P.O. Box 8916, Madison WI 53708-8916.
DCF 54.11(5)
(5) A licensee may not appeal the denial of a request for an extraordinary payment under this section.
DCF 54.11 History
History: EmR1106: emerg. cr., eff. 9-16-11;
CR 11-026: cr.
Register December 2011 No. 672, eff. 1-1-12.
DCF 54.12
DCF 54.12
Advisory committee. The department shall convene the rate regulation advisory committee under s.
49.343 (5), Stats., at regular intervals to consult with the department on items in s.
49.343 (5) (a) to
(c), Stats.
DCF 54.12 History
History: EmR1106: emerg. cr., eff. 9-16-11;
CR 11-026: cr.
Register December 2011 No. 672, eff. 1-1-12.
