Chapter DHS 36

Register December 2010 No. 660

Chapter DHS 36

COMPREHENSIVE COMMUNITY SERVICES FOR PERSONS WITH MENTAL
DISORDERS AND SUBSTANCE-USE DISORDERS

Subchapter I — General Provisions

DHS 36.01   Authority and purpose.

DHS 36.02   Applicability.

DHS 36.03   Definitions.

Subchapter II — Certification

DHS 36.04   Certification requirements.

DHS 36.05   Certification process.

DHS 36.06   Enforcement actions.

DHS 36.065   Waivers and variances.

Subchapter III — Comprehensive Community Services Program

DHS 36.07   Comprehensive community services plan.

DHS 36.08   Quality improvement.

DHS 36.09   CCS coordination committee.

Subchapter IV — Personnel

DHS 36.10   Personnel policies.

DHS 36.11   Supervision and clinical collaboration.

DHS 36.12   Orientation and training.

Subchapter V — Consumer Services

DHS 36.13   Consumer application.

DHS 36.14   Criteria for determining the need for psychosocial rehabilitation services.

DHS 36.15   Authorization of services.

DHS 36.16   Assessment process.

DHS 36.17   Service planning and delivery processes.

DHS 36.18   Consumer service records.

DHS 36.19   Consumer rights.

Ch. DHS 36 Note Note: Chapter HFS 36 was created as an emergency rule effective July 1, 2004. Chapter HFS 36 was renumbered to chapter DHS 36 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. Chapter DHS 36 was reprinted Register December 2010 No. 660 to reflect Note revisions.

subch. I of ch. DHS 36 Subchapter I — General Provisions

DHS 36.01 DHS 36.01 Authority and purpose. This chapter is promulgated under the authority of ss. 49.45 (30e) (b) and 51.42 (7) (b), Stats., to establish the scope of psychosocial service programs, standards for certification and criteria for determining the need for psychosocial rehabilitation services, and other conditions of coverage of community based psychosocial services under the medical assistance program pursuant to ss. 49.45 (30e) and 49.46 (2) (b) 6. Lm., Stats.

DHS 36.01 History History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.

DHS 36.02 DHS 36.02 Applicability.

DHS 36.02(1) (1) This chapter applies to the department and to county departments and tribes that apply for certification or are certified to provide comprehensive community services under ss. 49.45 (30e) and 51.42 (7) (b), Stats.

DHS 36.02(2) (2) Programs operating under this chapter shall do business as comprehensive community services programs.

DHS 36.02(3) (3) This chapter regulates only comprehensive community services programs. This chapter is not intended to regulate other mental health or substance-use disorder programs.

DHS 36.02(4) (4) Persons covered under the comprehensive-community services programs include children and adults, including elders, with mental disorders or substance-use disorders.

DHS 36.02 History History: CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04.

DHS 36.03 DHS 36.03 Definitions. In this chapter:

DHS 36.03(1) (1) “Adult” means an individual 18 years of age or older.

DHS 36.03(2) (2) “Assessment” means the process used to identify the strengths, needs and desired outcomes of a consumer and to evaluate progress toward desired outcomes.

DHS 36.03(3) (3) “Certification” means the approval by the department of a comprehensive community services program.

DHS 36.03(4) (4) “Comprehensive community services program” or “CCS” has the same meaning as “community-based psychosocial service program” under s. 49.45 (30e), Stats., namely a county-wide or tribal community-based psychosocial rehabilitation program that is operated by a county department or tribe to provide or arrange for the provision of psychosocial rehabilitation services.

DHS 36.03(5) (5) “Coordination committee” means a group of individuals appointed by the county department or tribal government to advise and assist the county department or tribal government in the development and quality improvement of psychosocial rehabilitation services.

DHS 36.03(6) (6) “Comprehensive community services plan” means the plan developed under s. DHS 36.07.

DHS 36.03(7) (7) “Consumer” means an individual who has been determined to need psychosocial rehabilitation services.

DHS 36.03 Note Note: Family members of the consumer or the consumer’s primary caregivers also are considered to be consumers, and therefore, may receive services related to the consumer’s disorder.

DHS 36.03(8) (8) “Co-occurring disorder” means any combination of a substance-use disorder and a mental disorder identified in the Diagnostic and Statistical Manual of Mental Disorder — Fourth Edition — Text Revision (DSM-IV-TR) published by the American Psychiatric Association.

DHS 36.03(9) (9) “County department” means a county department of human services under s. 46.23, Stats., or a county department of community programs established under s. 51.42, Stats., to administer community mental health and alcohol and drug abuse programs on a single-county or multi-county basis.

DHS 36.03(10) (10) “Department” means the Wisconsin department of health services.

DHS 36.03(10m) (10m) “Elder” means a person who is age 60 or older.

DHS 36.03(10r) (10r) “Face to face” means engaging in contact with the recipient via in person, real-time interactive audio-visual telehealth, or real-time interactive audio-only telehealth.

DHS 36.03(11) (11) “Family member,” means a parent, legal custodian, sibling, spouse, child, or primary caregiver of a consumer.

DHS 36.03(11m) (11m) “Functionally equivalent” means a service provided via telehealth where the transmission of information is of sufficient quality as to be the same level of service as an in-person visit. Transmission of voices, images, data, or video must be clear and understandable.

DHS 36.03(12) (12) “Legal custodian” means an individual to whom legal custody of a minor has been granted by a court in an action under ch. 48 or 767, Stats.

DHS 36.03(13) (13) “Legal representative” means any of the following:

DHS 36.03(13)(a) (a) A guardian as defined under s. 54.01 (10), Stats.

DHS 36.03(13)(b) (b) A health care agent as defined in s. 155.01 (4), Stats., if the principal has a finding of incapacity pursuant to s. 155.05 (2), Stats.

DHS 36.03(14) (14) “Medical assistance” means the assistance program under 42 USC 1396 and ss. 49.43 to 49.475 and 49.49 to 49.497, Stats.

DHS 36.03(15) (15) “Mental disorder” means a diagnosis meeting the criteria in the Diagnostic and Statistical Manual of Mental Disorders — Fourth Edition — Text Revision (DSM-IV-TR) excluding the categories of dementia, substance-related disorders, and developmental disability as defined in 42 CFR 435.1009.

DHS 36.03 Note Note: DSM-IV-TR is published by the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision. Washington, DC, American Psychiatric Association, 2000. DSM-IV-TR may be ordered through http://www.amazon.com/Diagnostic-Statistical-Disorders-Revision-DSM-IV-TR/dp/0890420254 or other sources. The current version of the Diagnostic and Statistical Manual of Mental Disorders, DSM 5 is published by the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders. Washington, DC, American Psychiatric Association, 2013. The DSM 5 may be ordered through http://www.appi.org/Pages/DSM.aspx or other sources.

DHS 36.03(16) (16) “Mental health professional” means a staff member who is qualified under s. DHS 36.10 (2) (g) 1. to 8.