DHS 63.03 NoteNote: The format for the written application can be obtained from the CSP Unit, Bureau of Community Mental Health, Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707.
DHS 63.03(2)(a)(a) The department shall review the application submitted under sub. (1) to determine whether the requirements for certification set forth in this chapter have been met. DHS 63.03(2)(b)(b) A CSP shall make available for the department’s review all documentation necessary to establish the CSP’s compliance with this chapter. DHS 63.03(3)(a)(a) Within 60 days after receiving a complete application for certification under sub. (1), the department shall either certify the CSP if all requirements for certification have been met or deny certification if requirements for certification have not been met. If the application for certification is denied, the department shall give the applicant reasons, in writing, for the denial. The denial notice shall specify the requirements under this chapter which the CSP has not met, shall specify the CSP’s right to request a hearing in accordance with s. DHS 63.04 (3), and shall require the CSP to submit a plan to correct program deficiencies in accordance with par. (b). DHS 63.03(3)(b)(b) Within 10 days after receiving a notice of denial under par. (a), a CSP shall inform the department of a plan to correct program deficiencies and the date by which the corrections will be made. DHS 63.03(3)(c)(c) Within 60 days after the planned date for correcting the deficiencies noted under par. (a), the department shall conduct an on-site inspection of the CSP to determine whether the deficiencies have been corrected. DHS 63.03(4)(4) Content of certification. Certification shall be issued only for the location and program named and may not be transferred or assigned to another program. A CSP shall notify the department of a change of administration, ownership, location, program name or any other program change that may affect compliance with this chapter no later than the effective date of the change. DHS 63.03(5)(a)(a) The date of certification shall be the date that the department determines, by means of an on-site survey, that a CSP is in compliance with this chapter. DHS 63.03(5)(b)(b) The department may change the date of certification if the department made an error in the certification process. A date of certification which is adjusted under this paragraph may not be earlier than the date the written application under sub. (1) was submitted to the department. DHS 63.03(6)(a)(a) Certification remains valid until it is terminated or suspended by the department in accordance with s. DHS 63.04. DHS 63.03(6)(b)(b) Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with sub. (7) (c). DHS 63.03(7)(a)(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 under s. 51.04, Stats. DHS 63.03(7)(b)(b) The department shall send the certification continuation materials to the provider, which the provider is expected to complete and submit to the department according to instructions provided. DHS 63.03(7)(c)(c) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle. DHS 63.03 HistoryHistory: Cr. Register, April, 1989, No. 400, eff. 5-1-89; CR 22-078: r. and recr. (6), cr. (7) Register July 2023 No. 811, eff. 8-1-23. DHS 63.04DHS 63.04 Termination, suspension or denial of certification. DHS 63.04(1)(1) Definition. In this section, “suspension” means a temporary withdrawal of certification. DHS 63.04(2)(2) Termination, suspension, or denial of certification after prior notice and requested hearing. The department may terminate, suspend, or deny 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: DHS 63.04(2)(b)(b) A staff member requiring professional licensure claimed to be licensed when he or she was not licensed, has had his or her license suspended or revoked, or has allowed his or her license to expire; DHS 63.04(2)(c)(c) A CSP staff member has been convicted of a criminal offense related to the provision of or claiming reimbursement for services under the medicare program under 42 USC 1395 and 42 CFR 400 to 421, or under this state’s or any other state’s medical assistance program. For purposes of this paragraph, “convicted” means that a judgment of conviction has been entered by a federal, state or local court, regardless of whether an appeal from that judgment is pending; DHS 63.04(2)(d)(d) A staff member has been convicted of a criminal offense related to the provision of care, treatment or services to a person who is mentally ill, developmentally disabled, alcoholic or drug dependent; DHS 63.04(2)(e)(e) The program submitted or caused to be submitted statements, for purposes of obtaining certification under this chapter, which it knew, or should have known, to be false; DHS 63.04(2)(f)(f) The program failed to maintain compliance with one or more of the standards set forth in this chapter; DHS 63.04(2)(g)(g) Any of the program’s practitioners signed billing or other documents as the provider of service when the service was not provided by the practitioner; or DHS 63.04(2)(h)(h) There is no documentary evidence in a client’s treatment file that the client received services which were billed for. DHS 63.04(3)(3) Right to a hearing. In the event that the department denies, terminates, or suspends 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). DHS 63.04 NoteNote: The mailing address of the Division of Hearings and Appeals is P.O. Box 7875, Madison, WI 53707.
DHS 63.04 HistoryHistory: Cr. Register, April, 1989, No. 400, eff. 5-1-89; CR 22-078: am. (2) (intro.), (3) Register July 2023 No. 811, eff. 8-1-23. DHS 63.05(1)(1) Policy. The department may grant a waiver of any requirement of this chapter when the department determines that granting a waiver would not diminish the effectiveness of the CSP, violate the purposes of the program, or adversely affect clients’ health and welfare. The department may not grant a waiver of clients’ rights under ch. DHS 94 or under other administrative rules, state statutes or federal regulations. DHS 63.05(2)(2) Waiver. A CSP may submit a request to the department for a waiver of any requirement in this chapter, except a requirement specified under s. DHS 63.08 (1) (a). DHS 63.05(3)(3) Application. An application for a waiver under sub. (2) shall be made in writing to the department and shall specify: 1. The rule from which the waiver is requested;
2. The time-period for which the waiver is requested;
3. Any alternative action which the CSP proposes;
4. The reason for the request; and
5. Assurances that sub. (1) would be satisfied.
DHS 63.05 NoteNote: A request for a waiver should be addressed to the Behavioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969.
DHS 63.05(4)(a)(a) The department may require additional information from the CSP before acting on a request for a waiver. DHS 63.05(4)(b)(b) The department shall grant or deny each request for waiver in writing. Notice of denial shall contain the reasons for denial. If a notice of a denial is not issued within 60 days after the receipt of a complete request, the waiver shall be automatically approved. DHS 63.05(4)(c)(c) The department may impose any conditions on the granting of a waiver which it deems necessary. DHS 63.05(4)(e)(e) The department’s decision to grant or deny a waiver shall be final. DHS 63.05 HistoryHistory: Cr. Register, April, 1989, No. 400, eff. 5-1-89; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635. DHS 63.06(1)(a)(a) A CSP shall have written personnel policies to ensure that employment practices do not discriminate against any employee or applicant for employment on the basis of age, race, religion, color, sexual orientation, marital status, arrest and conviction record, ancestry, creed, national origin, disability, sex or physical condition. DHS 63.06(1)(b)(b) A CSP shall maintain written documentation of employees’ qualifications and shall make that information available for inspection by clients and by the department. DHS 63.06(2)(a)(a) A director, who shall have overall responsibility for the program. The director shall meet the qualifications for any of the program staff listed under sub. (4) (a) 1. to 8.; DHS 63.06(2)(b)(b) A psychiatrist on a full-time, part-time or consulting basis to provide necessary psychiatric services. The psychiatrist shall meet the qualifications specified under sub. (4) (a) 2.; and DHS 63.06(2)(c)(c) A clinical coordinator who shall have overall responsibility for and provide direct supervision of the CSP’s client treatment services and supervision of CSP clinical staff. The clinical coordinator shall be a psychiatrist or psychologist or have a master’s degree in social work, clinical psychology or psychiatric mental health nursing or have met equivalent requirements. The coordinator shall have either 3,000 hours of supervised clinical experience in a practice where the majority of clients are adults with chronic mental illness or 1,500 hours of supervised clinical experience in a CSP. DHS 63.06(3)(3) Staffing ratios. The client-to-staff ratio may not exceed 20 clients to one full-time equivalent staff person, except that the department may permit, in accordance with a request for a waiver under s. DHS 63.05, that the ratio may not exceed 25 clients to one full time equivalent staff person. Only staff who meet the qualifications under subs. (2) and (4) (a) may be counted in the staff-to-client ratio. DHS 63.06(4)(a)1.1. A CSP professional shall have a bachelor’s degree in a behavioral science or a related field with 1,000 hours of supervised post-degree clinical experience with chronically mentally ill persons, or a bachelor’s degree in a field other than behavioral sciences with 2,000 hours of supervised postdegree clinical experience with persons with chronic mental illness; DHS 63.06(4)(a)2.2. A psychiatrist shall be a physician licensed under ch. 448, Stats., to practice medicine and surgery and shall have satisfactorily completed 3 years’ residency training in psychiatry in a program approved by the American medical association; DHS 63.06(4)(a)4.4. A clinical social worker shall have a master’s degree from a graduate school of social work accredited by the council on social work education; DHS 63.06(4)(a)5.5. A registered nurse shall hold a current certificate of registration under ch. 441, Stats., and shall have experience or education related to the responsibilities of his or her position; DHS 63.06(4)(a)6.6. Occupational therapists and recreational therapists shall have bachelor’s degrees in their respective professions; DHS 63.06(4)(a)7.7. A rehabilitation counselor shall be certified or eligible for certification by the commission on rehabilitation counselor certification; DHS 63.06(4)(a)8.8. A vocational counselor shall possess or be eligible for a provisional school counselor certificate and shall have a master’s degree in counseling and guidance; and DHS 63.06(4)(a)9.9. A mental health technician shall be a paraprofessional who is employed on the basis of personal aptitude. A mental health technician shall have a suitable period of orientation and in-service training and shall work under the supervision of a clinical coordinator under sub. (2) (c). DHS 63.06(4)(b)(b) When volunteers are used, they shall be supervised by professional staff under par. (a) 1. to 8. The CSP shall have written procedures for the selection, orientation and inservice training of volunteers. DHS 63.06(5)(a)(a) Each CSP shall develop and implement a written policy for clinical supervision of all staff who provide treatment, rehabilitation and support services to CSP clients. DHS 63.06(5)(b)(b) Clinical supervision of individual CSP staff shall include direct clinical review, assessment and feedback regarding their delivery of treatment, rehabilitation and support services to individual CSP clients and teaching and monitoring of the application of CSP principles and practices. DHS 63.06(5)(c)(c) Clinical supervision shall be provided by a clinical coordinator meeting the qualifications under s. DHS 63.06 (2) (c) or by staff who meet the qualifications under s. DHS 63.06 (2) (c) and who are designated by the clinical coordinator to provide clinical supervision. DHS 63.06(5)(d)(d) Clinical supervision shall be accomplished by one or more of the following means: DHS 63.06(5)(d)1.1. Individual sessions with staff to review cases, assess performance and give feedback; DHS 63.06(5)(d)2.2. Individual sessions in which the supervisor accompanies an individual staff member to meet with individual clients in regularly scheduled sessions or crisis situations and in which the supervisor assesses, teaches and gives feedback regarding the staff member’s performance regarding the particular client; DHS 63.06(5)(d)2m.2m. Any other form of professionally recognized method of supervision designed to provide sufficient guidance to assure the delivery of effective services to consumers by the staff member; DHS 63.06(5)(d)3.3. Regular client report or review staff meetings and treatment planning staff meetings to review and assess staff performance and provide staff direction regarding individual cases. DHS 63.06(5)(e)(e) For every 20 clients or every 40 hours of direct service in the CSP, the clinical supervisor shall spend at least 4 hours a week providing supervision. DHS 63.06(5)(f)(f) Clinical supervision provided to individual CSP staff shall be documented in writing. DHS 63.06(6)(a)(a) Each CSP shall develop and implement an orientation and training program which all new staff and regularly scheduled volunteers shall complete. The orientation shall include:
