Wisconsin Legislature: DHS 61.16 History

History: CR 23-053: cr. Register September 2023 No. 813, eff. 10-1-23.

DHS 61.08 Requirements for inservice and educational leave programs for personnel. Personnel policies shall incorporate provisions for inservice training and educational leave programs for program personnel.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.09 Fee schedule. A board shall charge fees according to departmental rules.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.10 Eligibility for service. In accordance with Title VI and Title IX of the Civil Rights Act and the Rehabilitation Act of 1973, services shall be available and accessible and no person shall be denied service or discriminated against on the basis of sex, race, color, creed, disability, age, location, or ability to pay.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 20-068: am. Register December 2021 No. 792, eff. 1-1-22; correction made under s. 35.17, Stats., Register December 2021 No. 792.

DHS 61.11 Client rights. The client rights mandated by s. 51.61, Stats. shall apply.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.12 Grievance procedure. The grievance procedure mandated under s. 51.61 (5), Stats. shall apply.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.13 Client advocacy. Clients shall be allowed to have an advocate present to represent their interest during any phase of the staffing, program planning, or other decision making process. This does not obligate the provider to furnish the advocate but to facilitate the advocate’s participation if so requested by the client. The provider shall inform the client’s advocate that assistance is available from the coordinator of client advocacy in the division of community services.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.14 Affirmative action and civil rights compliance.

(1) The board shall enunciate and annually reaffirm an explicit equal employment opportunity prohibiting discrimination in all phases of employment to be disseminated among employees and contracted agencies in order to promote acceptance and support.

(2) The board shall be responsible for the affirmative action program and shall assign to a high level employee the responsibility and authority for the affirmative action program implementation.

(3) An annual affirmative action plan including goals and timetables shall be developed which includes input from all levels of staff, and submitted to the division of community services.

(4) The practices of employee organizations and contracted agencies should conform to the 51.42/41.437 agency’s policy, and any negotiated agreements or contracts shall contain a non-discrimination clause and a statement of conformance and support for the program.

(5) Training in the area of affirmative action for supervisory staff and employees shall be provided by the 51.42/51.437 board.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.15 Continuity of care.

(1) A program organized under s. 51.42, 51.437, or 46.23, Stats. shall provide services in a comprehensive coordinated manner.

(a) Written procedures for cooperative working relationships between service provider agencies shall be established and there shall be evidence that such collaborative services are being carried out.

(b) Providers of services shall cooperate in activities such as pre-screening, referral, follow up, and aftercare, as required, to assure continuity of care and to avoid duplication of services.

(d) Access to treatment records shall be according to ss. 51.03 and 51.30, Stats.

(e) Each 51.42/51.437 or 46.23 board shall organize and maintain a central records system which provides for retrieval of information about persons receiving treatment.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.16 Volunteer services. The use of volunteers is encouraged. They shall be supervised by professional staff and there shall be written procedures for the selection process, orientation, and inservice training of volunteers.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.17 Religious services.

(1) Religious services should be available to all patient and residential programs to assure every person, who wishes, the right to pursue the religious activities of his or her choice.

(2) Each inpatient service may provide regularly scheduled visits by clergy.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.18 Research. Section 51.61 (4), Stats., shall apply to research activity.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.19 Program evaluation. Each board shall develop and use a plan for evaluation of the effectiveness of its programs which will be made available to the department upon request.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.20 Enforcement.

(1) Compliance required for state funding. All board operated or board contracted programs provided by a 51.42/51.437 board shall meet standards and be provided in a non-discriminatory manner as prescribed in ss. DHS 61.10 and 61.14. The department may discontinue state funding of a program when it does not meet standards as established by departmental administrative rules and after the board has had reasonable notice and opportunity for hearing by the department as provided in ch. 227, Stats.

(2) Provisional approval. When a program does not comply with standards, the department may allow a compliance period of 6 months. After 6 months, the board’s program shall comply with standards or the board shall have demonstrated and documented significant attempts toward compliance. Additional provisional approvals for 3 month periods may be granted.

(3) Waiver.

(a) If a board believes its program should not have to comply with a standard, it may request a waiver. The request shall be in writing to the department. It shall identify the standard and explain why noncompliance would not diminish the effectiveness of its program.

(b) If the program holds current accreditation issued by the joint commission on accreditation of hospitals, the requirement to meet these standards may be waived by the department. The accreditation by JCAH must be for an appropriate category such as adult psychiatric inpatient, children and adolescents inpatient, alcoholism and drug abuse, developmental disabilities, or community mental health standards.

(c) The department may grant exceptions to any of the rules for community mental health, developmental disabilities and alcohol and other drug abuse standards. This may be done only when the department is assured that granting the exceptions maintains equal or higher quality of services provided.

(4) Interpretation. If a board disagrees with the department’s interpretation of a standard, it may appeal in writing to the department. The appeal shall identify the standard, describe the department’s interpretation, describe the board’s interpretation, and define the problem caused by the different interpretations.

(5) Decertification or termination.

(a) All proceedings set out herein shall comply with ch. 227, Stats.

(b) Approval of programs may be denied or suspended with prior notice of denial and a summary of the basis for denial or suspension without prior hearing whenever the department determines that:

1. Any of the programs’ licenses or required local, state or federal approvals have been revoked, suspended or have expired; or

2. The health or safety of a recipient is in imminent danger because of the knowing failure of the program to comply with those rules or any other applicable local, state or federal law or regulation.

(c) Within 5 days, excluding weekends and legal holidays, after receipt of notice of suspension (under sub. (2)), any program may demand and shall be entitled to receive a hearing, unless waived in writing, within 14 days of the demand in writing, and be given a decision on suspension.

(d) A program’s certification may be terminated, with notice of proposed termination, and a summary of the basis of the proposed termination, and with notice of an opportunity for a hearing to respond to the findings contained in the summary within 10 days and before termination shall become effective. Failure to demand such hearings in writing within 20 days of the time of the required notice, correctly addressed, is placed in the United States mail, shall constitute waiver of the right to such hearing. Termination of certification shall be based on the following grounds:

1. Any of the program’s licenses or required local, state of federal approvals have been revoked, suspended, or have expired.

2. The program or its agents has or have been convicted of federal or state criminal statute violations for conduct performed under the Medical Assistance Program.

3. The program submitted or caused to be submitted false statements, for purposes of obtaining certification under these rules, which it knew, or should have known, to be false.

4. The program failed to maintain compliance to standards for which it was certified.

5. The program has failed to abide by the Federal Civil Rights Act of 1964 in providing services.

(e) Certification for programs that do not submit biennial reports and fees required under s. DHS 61.695 by the end of the biennial cycle will be terminated without right to a hearing. Thereafter, a new application for certification must be submitted.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 22-078: am. (5) (e) Register July 2023 No. 811, eff. 8-1-23.

DHS 61.21 Reports required by the department. Statistical and other reports required by the department shall be reported on the appropriate form, and at the times required by the department.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.22 Revision of standards. The department shall periodically review and revise these standards, not less frequently than every 5 years. Experiences in the application of the standards shall be incorporated into the review and revision process.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.23 Confidentiality of records. Records shall be kept on each recipient of services. Confidentiality of records shall be safeguarded. Files shall be locked when not in active use and kept in a secure place.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.24 Education/information. Each community services board shall develop a structured plan for a comprehensive program of public education, continuing education, and public information. In addition, education and preventive practices and procedures shall be a recognizable and an integral part of every program.

History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

Subchapter II — Community Developmental Disabilities Services

DHS 61.30 Introduction.

(1) Purpose of rules. The following rules establish service standards for community developmental disabilities programs whether directly operated by counties or contracted from private providers. These service standards shall apply to each of the 16 services mandated by ch. 51, Stats., and contain the minimal requirements for each service.

(a) For administrative purposes it is necessary to mesh the 16 services with the program elements used for reporting and budgeting for state grant-in-aid. In programming for individuals with developmental disabilities, the program elements of outpatient, day services, sheltered employment, transitional or community living, extended care and intervention are frequently referred to in relationship to the 16 required developmental disability services.

(2) Definitions. The following words and phrases have the designated meanings:

(a) “Board” means a community services governing and policy making board of directors as established under s. 51.42, 51.437 or 46.23, Stats.

(b) “Day care program” means comprehensive coordinated sets of services to the individual with a developmental disability in order to promote maturation and social development and skills in the areas of daily and community living and to provide an opportunity for the productive, constructive use of time. Day services programs are offered on a continuous basis for a routinely scheduled portion of a 24 hour day, in a non-residential setting.

1. Day services programs shall include day care and may include the additional developmental services of counseling, education, recreation, training, treatment, personal care, transportation and evaluation.

2. When any of these services are offered as part of an out-patient program, the appropriate standard shall apply.

(d) “Director” means the program director appointed by the board or his or her designee.

(e) “Extended care program” means the provision of food and lodging and medical or nursing care on a continuous 24 hour a day basis for individuals with developmental disabilities who are unable to live in a less restrictive setting. Extended care programs are available in Wisconsin centers for the developmentally disabled.

1. Extended care programs shall include domiciliary care and any of the additional developmental disabilities services as needed by the person.

2. The appropriate standard shall apply.

(f) “Intervention program” means programs designed to identify individuals with developmental disabilities in need of services and to assist them in obtaining the appropriate service.

1. Intervention programs may include information and referral, follow along, counseling, recreation and transportation.

(g) “Outpatient program” means intermittent non-residential services in order to halt, ameliorate, or remove a developmental disability or a condition which aggravates a developmental disability in order to promote more effective functioning. Outpatient services may occur on a single contact basis or on a schedule of routine short visits over an extended period of time.

1. Outpatient programs may include the developmental disabilities services of diagnosis, evaluation, counseling, education, recreation, training, treatment, personal care and transportation.

2. When any of these services are offered as part of an out-patient program, the appropriate standard shall apply.

(h) “Rule” means a standard statement of policy or general order, including any amendment or repeal of general application and having the effect of law.

(i) “Sheltered employment program”, means non-competitive remunerative employment and other necessary support services for individuals who are presently unemployable in the competitive labor market.