Chapter DCF 54

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 Note Note: Requests for mediation should be sent to [e-mail].

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(1)(c) (c) The issues discussed in the mediation shall be limited to the factors in s. DCF 54.09 (4).

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) (3) Contested rate.

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)(b) (b) The basis for a request for hearing shall be limited to the factors in s. DCF 54.09 (4).

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 DCF 54.11 Extraordinary payments.

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)1. 1. An explanation of the child’s service needs.

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 Note Note: An extraordinary payment request form is available at https://dcf.wisconsin.gov/ratereg.

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.