Chapter DHS 61

DHS 61.20 DHS 61.20 Enforcement.

DHS 61.20(1) (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.

DHS 61.20(2) (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.

DHS 61.20(3) (3) Waiver.

DHS 61.20(3)(a) (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.

DHS 61.20(3)(b) (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.

DHS 61.20(3)(c) (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.

DHS 61.20(4) (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.

DHS 61.20(5) (5) Decertification or termination.

DHS 61.20(5)(a) (a) All proceedings set out herein shall comply with ch. 227, Stats.

DHS 61.20(5)(b) (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:

DHS 61.20(5)(b)1. 1. Any of the programs’ licenses or required local, state or federal approvals have been revoked, suspended or have expired; or

DHS 61.20(5)(b)2. 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.

DHS 61.20(5)(c) (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.

DHS 61.20(5)(d) (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:

DHS 61.20(5)(d)1. 1. Any of the program’s licenses or required local, state of federal approvals have been revoked, suspended, or have expired.

DHS 61.20(5)(d)2. 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.

DHS 61.20(5)(d)3. 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.

DHS 61.20(5)(d)4. 4. The program failed to maintain compliance to standards for which it was certified.

DHS 61.20(5)(d)5. 5. The program has failed to abide by the Federal Civil Rights Act of 1964 in providing services.

DHS 61.20(5)(e) (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.

DHS 61.20 History 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 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.

DHS 61.21 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.22 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.

DHS 61.22 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.23 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.

DHS 61.23 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.24 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.

DHS 61.24 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

subch. II of ch. DHS 61 Subchapter II — Community Developmental Disabilities Services

DHS 61.30 DHS 61.30 Introduction.

DHS 61.30(1) (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.

DHS 61.30(1)(a) (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.

DHS 61.30(2) (2) Definitions. The following words and phrases have the designated meanings:

DHS 61.30(2)(a) (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.

DHS 61.30(2)(b) (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.

DHS 61.30(2)(b)1. 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.

DHS 61.30(2)(b)2. 2. When any of these services are offered as part of an out-patient program, the appropriate standard shall apply.

DHS 61.30(2)(c) (c) “Department” unless qualified, means the department of health services.

DHS 61.30(2)(d) (d) “Director” means the program director appointed by the board or his or her designee.

DHS 61.30(2)(e) (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.

DHS 61.30(2)(e)1. 1. Extended care programs shall include domiciliary care and any of the additional developmental disabilities services as needed by the person.

DHS 61.30(2)(e)2. 2. The appropriate standard shall apply.

DHS 61.30(2)(f) (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.

DHS 61.30(2)(f)1. 1. Intervention programs may include information and referral, follow along, counseling, recreation and transportation.

DHS 61.30(2)(g) (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.

DHS 61.30(2)(g)1. 1. Outpatient programs may include the developmental disabilities services of diagnosis, evaluation, counseling, education, recreation, training, treatment, personal care and transportation.

DHS 61.30(2)(g)2. 2. When any of these services are offered as part of an out-patient program, the appropriate standard shall apply.

DHS 61.30(2)(h) (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.

DHS 61.30(2)(i) (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.

DHS 61.30(2)(i)1. 1. Sheltered employment programs shall include sheltered employment services or work activity services and may include the additional developmental disabilities services of counseling, education, recreation, training, personal care, transportation and evaluation.

DHS 61.30(2)(i)2. 2. When any of these services are offered as part of a sheltered employment program, the appropriate standard shall apply.

DHS 61.30(2)(j) (j) “Transitional or community living program”, means non-medical, non-institutional, partially independent living situations for individuals with developmental disabilities which may provide food, lodging and appropriate support services to facilitate social development and independence and skills in areas of daily and community living.

DHS 61.30(2)(j)1. 1. Transitional and community living programs shall include special living arrangements and may include the additional developmental disabilities services of counseling, education, recreation, training, personal care, transportation and evaluation.

DHS 61.30(2)(j)2. 2. When any of these services are offered as part of a transitional or community living program, the appropriate standard shall apply.

DHS 61.30(3) (3) Family involvement in service provision. The service providers shall keep the family closely informed of service plans and services provided to the person with a developmental disability. For the purposes of these 16 service standards the phrase “. . . the person with a developmental disability and the family . . .” means that the family will receive information, counseling or assistance if appropriate and as follows:

DHS 61.30(3)(a) (a) The parents or legal guardian shall be included in all matters related to a person who has not attained majority.

DHS 61.30(3)(b) (b) The legal guardian shall be included in all matters related to his or her ward in which the court had adjudicated the ward incompetent and the guardian legally responsible.

DHS 61.30(3)(c) (c) The family or advocate of an adult with a developmental disability shall be involved at the request of the individual.

DHS 61.30 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction in (2) (c) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.

DHS 61.31 DHS 61.31 Information and referral services. Information and referral services provide a current complete listing of resources available to the person with a developmental disability. This information shall be cataloged and readily available to the person with a developmental disability, the professional serving the person with a developmental disability and other interested people.

DHS 61.31(1) (1) Required personnel. There shall be a person responsible for the information and referral service who shall have the skills and knowledge that would typically be acquired through a course of study leading to a bachelor’s degree in one of the social service fields and one year of experience in human services or graduate education specializing in information services. This person shall have demonstrated knowledge of the local service delivery system as well as the resources available outside of the local system.

DHS 61.31(2) (2) Program.

DHS 61.31(2)(a) (a) The information and referral services shall solicit, catalog and disseminate information on all resources available to meet the needs of people with developmental disabilities. All information shall be disseminated in an unbiased manner. When necessary, individuals will be assisted in obtaining services in cooperation with the developmental disabilities follow-along services.

DHS 61.31(2)(b) (b) Whenever possible this service shall be coordinated with the information and referral activities of the other disability areas of the boards and other public agencies providing information and referral services.

DHS 61.31(2)(c) (c) Each information and referral service shall have a written plan which describes its method of operation.

DHS 61.31(2)(d) (d) Each information and referral service shall maintain the following information on all inquiries:

DHS 61.31(2)(d)1. 1. Mode of inquiry—personal visit, letter, phone call, and so forth.

DHS 61.31(2)(d)2. 2. From whom inquiry was received—consumer, professional, and so forth.

DHS 61.31(2)(d)3. 3. Type of information or referral needed.

DHS 61.31(2)(d)4. 4. Developmental disability for which information or referral was requested.

DHS 61.31(2)(d)5. 5. The effectiveness of the referrals.

DHS 61.31(2)(e) (e) There shall be an internal annual review of par. (d) to ascertain where this service can be improved. Data that appears to point to gaps or weaknesses in community services shall be forwarded in writing to the board for consideration in the planning and budgeting process.

DHS 61.31(2)(f) (f) Each information and referral services shall develop and implement a written plan for continuous, internal evaluation of the effectiveness of its program.

DHS 61.31 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80.

DHS 61.32 DHS 61.32 Follow-along services. Follow-along services establish and maintain a relationship with a person with a developmental disability and the family for the purpose of assuring that the needs of a person with a developmental disability are identified and met. Follow-along services shall establish a catchment area system of case management which shall coordinate services to a person with a developmental disability whether that person receives services from one or many agencies.

DHS 61.32(1) (1) Required personnel. There shall be a case manager who has the skills and knowledges that would be typically acquired through a course of study leading to a degree in a human services related field, and at least 2 years experience in developmental disabilities. This person shall be knowledgeable concerning the service delivery system and the resources available to the individual with a developmental disability. The case manager shall be responsible to the director of the board, or if contracted, to the director of the contracted agency.

DHS 61.32(2) (2) Program.

DHS 61.32(2)(a) (a) There shall be a system of case management which coordinates all services to people with developmental disabilities within the respective board catchment area.

DHS 61.32(2)(b) (b) The board or the agency contracted for follow-along service shall develop a written plan to inform all people known to have a developmental disability and their family of the follow-along service as it relates to:

DHS 61.32(2)(b)1. 1. The obligation of the case manager in the development and supervision of a comprehensive, individualized service plan.

DHS 61.32(2)(b)2. 2. The availability of this service to people with a developmental disability on a life-long basis, regardless of the need for other service elements.

DHS 61.32(2)(c) (c) The case manager shall be responsible for the development, coordination and implementation of a service plan for each individual receiving services other than information and referral, diagnosis, and transportation. This service plan shall be developed as specified under s. DHS 61.34 evaluation service.

DHS 61.32(2)(d) (d) The case manager shall coordinate, his or her effort with the information and referral service to assist people with a developmental disability in obtaining a service they need which does or does not exist within the board mandate.

DHS 61.32(2)(e) (e) The case manager shall provide an annual written summary to the director on each person who receives only follow-along service.

DHS 61.32 History History: Cr. Register, January, 1980, No. 289, eff. 2-1-80; correction in (2) (c) made under s. 13.93 (2m) (b) 7, Stats., July, 2000, No. 535; correction in (2) (c) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546.

DHS 61.33 DHS 61.33 Diagnostic services. Diagnostic services are medical services, to identify the presence of a developmental disability.

DHS 61.33(1) (1) Required personnel.