Chapter DCF 52

DCF 52.66(4)(L) (L) The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client rate for services.

DCF 52.66(4)(m) (m) Whether the residential care center is accredited by a national accrediting body that has developed child welfare standards.

DCF 52.66(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 52.66(4)(o) (o) Competitive factors.

DCF 52.66(4)(p) (p) The availability of funding to pay for the services to be provided under the proposed rate.

DCF 52.66(5) (5) Rate approval.

DCF 52.66(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 rate for the residential care center’s program for the following year.

DCF 52.66 Note Note: The notification will be sent to the electronic mail address that the licensee has provided to the department.

DCF 52.66(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 52.66(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 52.66(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 52.66(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 52.62 (5) and s. 48.715, Stats., including license revocation.

DCF 52.66 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 52.67 DCF 52.67 Rate resolution.

DCF 52.67(1) (1) Mediation.

DCF 52.67(1)(a) (a) If a licensee has negotiated with the department under s. DCF 52.66 (5) (c) and does not agree to the department’s approved rate under s. DCF 52.66 (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 52.66 (5) (a). The request shall be sent by electronic mail to an address specified by the department.

DCF 52.67 Note Note: Requests for mediation should be sent to [e-mail].

DCF 52.67(1)(b) (b) The department shall notify the licensee of the date of the mediation no later than 10 working days after receiving the request under par. (a).

DCF 52.67(1)(c) (c) The issues discussed in the mediation shall be limited to the factors in s. DCF 52.66 (4).

DCF 52.67(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 52.66 (4) and relevant information presented during negotiation and mediation.

DCF 52.67(3) (3) Contested rate.

DCF 52.67(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 52.67 Note Note: Requests for hearing may be sent to the Division of Hearings and Appeals, PO Box 7875, Madison, WI 53707.

DCF 52.67(3)(b) (b) The basis for a request for hearing shall be limited to the factors in s. DCF 52.66 (4).

DCF 52.67(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 52.67 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 52.68 DCF 52.68 Extraordinary payments.

DCF 52.68(1) (1) A licensee may request that a Wisconsin public purchaser pay an extraordinary payment in addition to the rate established under ss. DCF 52.64 to 52.67 for a specific child in care.

DCF 52.68(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 52.68(2)(a) (a) The child has service needs that are not accounted for in the maximum per client rate for the residential care center program as determined under s. DCF 52.66 (5) or 52.67, as applicable.

DCF 52.68(2)(b) (b) The child’s service needs are not paid for by another source.

DCF 52.68(2)(c) (c) The extraordinary payment will be used to cover expenses that are an allowable cost under s. DCF 52.65.

DCF 52.68(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 52.68(3)(a) (a) Name of the residential care center program, licensee, and any authorized representative.

DCF 52.68(3)(b) (b) Name of the child for whom an extraordinary payment is being requested.

DCF 52.68(3)(c) (c) Amount of the extraordinary payment requested and time period that the extraordinary payment would cover.

DCF 52.68(3)(d) (d) A rationale for the request that includes all of the following:

DCF 52.68(3)(d)1. 1. An explanation of the child’s service needs.

DCF 52.68(3)(d)2. 2. The amount of money that the residential care center program is currently spending to address the child’s needs.

DCF 52.68(3)(d)3. 3. Any services that are not being provided due to economic constraints.

DCF 52.68(3)(d)4. 4. Documentation of the need for additional services by a person with expertise in the child’s type of needs.

DCF 52.68(3)(d)5. 5. How additional dollars would be allocated and the means by which additional services would be provided.

DCF 52.68 Note Note: A extraordinary payment request form is available at https://dcf.wisconsin.gov/ratereg.

DCF 52.68(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’s 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 52.68 Note Note: Required information should be sent to 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 52.68(5) (5) A licensee may not appeal the denial of a request for an extraordinary payment under this section.

DCF 52.68 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 52.69 DCF 52.69 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 52.69 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.