(4) Biennial report and fees.
(a) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of the certification continuation fees.
(b) The department shall send the certification continuation materials to the provider, which the provider is expected to fill out and submit to the department according to the instructions provided
(c) A certification shall be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.
(d) The department shall establish a fee structure for certification continuation purposes.
SECTION 15. DHS 35.10 is amended to read:
DHS 35.10 Scope and transferability of certification. Certification is issued only for the offices identified in the application for initial or renewal certification and only for the individual or individuals, corporations or other legal entities named in the application for initial and renewal certification. Certification may not be transferred or assigned, including by change of ownership or control of a corporation or other legal entity named in the certification. A change in ownership or control includes a majority change in the shares of stock held or in the board of directors of a corporation certified under this chapter, or any other change that results in transfer of control or transfer of a majority share in the control of the operations of a clinic. A change in ownership requires application for new certification. Additional offices at which services are provided do not require separate certification but shall be identified in the application for initial and renewal certification.
SECTION 16. DHS 35.11 (3) (b) is amended to read:
DHS 35.11 (3) (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 renewal certification, that action is stayed pending a decision on the appeal, unless the certification has been summarily suspended.
SECTION 17. DHS 36.05 (3) is repealed.
SECTION 18. DHS 36.05 (7) (a) 2., (b) , and (8) are repealed.
SECTION 19. DHS 36.05 (10) is created to read:
DHS 36.05 (10) Duration of certification. A certification remains valid until one of the following occur:
(a) The certification remains valid until it is revoked or suspended by the department in accordance with s. DHS 36.06 (1). (b) The certification becomes invalid due to non-submission of the biennial report or non- payment of biennial fees in accordance with s. DHS 36.05 (11). SECTION 20. DHS 36.05 (11) is created to read:
DHS 36.05 (11) Biennial report and fees.
(a) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of certification continuation fees.
(b) The department will send the certification continuation materials to the provider, which the provider is expected to fill out and submit to the department according to instructions provided.
(c) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.
(d) The department shall establish a fee structure for certification continuation purposes.
SECTION 21. DHS 61.20 (5) (e) is amended to read:
DHS 61.20 (5) (e) Programs which allow certification to expire and do not initiate an application for renewal prior to the date of expiration 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 on the date of expiration without right to a hearing, thereafter,. Thereafter, a new application for certification must be submitted. SECTION 22. DHS 61.69 and 61.695 are created to read:
DHS 61.69 Duration of certification for community mental health programs.
(1) A certification under this subchapter remains valid until it is suspended or terminated by the department in accordance with s. DHS 61.20 (5). (2) Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with s. DHS 61.695. DHS 61.695 Biennial report and fees for community mental health programs.
(1) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of certification continuation fees.
(2) The department shall send the certification continuation materials to the provider, which the provider is expected to fill out, and submit to the department according to instructions provided.
(3) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.
(4) The department shall establish a fee structure for certification continuation purposes.
SECTION 23. DHS 63.03 (6) is repealed and recreated to read:
DHS 63.03 (6) Duration of certification.
(a) Certification remains valid until it is suspended terminated or suspended by the department in accordance with s. DHS 63.04. (b) Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with s. DHS 63.03 (7) (c) SECTION 24. DHS 63.03 (7) is created to read:
DHS 63.03 (7) Biennial report and fees.
(a) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of certification continuation fees.
(b) The department shall send the certification continuation materials to the provider, which the provider is expected to fill out, and submit to the department according to instructions provided.
(c) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.
(d) The department shall establish a fee structure for certification continuation purposes.
SECTION 25. DHS 63.04 (2) (intro.) and (3) are amended to read:
DHS 63.04 (2) Termination, suspension or denial of certification after prior notice and requested hearing. The department may terminate, suspend, or deny or refuse to renew a CSP’s certification after providing the CSP with prior written notice of the proposed action which includes the reason for the proposed action and a notice of opportunity for a hearing whenever the department finds that:
(3) Right to a hearing. In the event that the department denies, terminates, or suspends or refuses to renew a certification, a CSP may request a hearing under s. 227.42, Stats. The request for a hearing shall be submitted in writing to and received by the department of administration’s division of hearings and appeals within 30 days after the date on the notice required under sub. (2). SECTION 26. Effective date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
