Chapter DHS 94

DHS 94.49(1) (1) Any person who is aware of a possible violation of a client’s rights under ch. 51, Stats., ch. DHS 92 or this chapter may present a grievance on behalf of the client.

DHS 94.49(2) (2) When a grievance is presented on behalf of a client by someone other than the client’s parent or guardian, and the parent or guardian’s consent is required for treatment, the client rights specialist shall meet with the client and the client’s parent or guardian, to determine if the client or the client’s parent or guardian, as appropriate, wishes the grievance investigated and resolved through the formal resolution process.

DHS 94.49(3) (3) If the client or, when the parent’s or guardian’s consent is required for treatment, the parent or guardian is opposed to using the formal resolution process, the client rights specialist may proceed with the investigation only if there are reasonable grounds to believe that failure to proceed may place the client or other clients at risk of physical or emotional harm. If there is no parent or guardian, or that person is not available, and the client is unable to express an opinion, the client rights specialist shall proceed.

DHS 94.49(4) (4) Where a grievance is filed on behalf of a client by a person who does not have a right to information about the client because of confidentiality statutes, the person may only receive confidential information as part of the investigation or resolution of the grievance with the informed consent of the client or his or her guardian, if there is one, the parent of a client who is under the age of 18, if the parent’s consent is required for a release of information, or pursuant to an order of a court with jurisdiction over matters relating to the client under ch. 48, 51 or 55, Stats.

DHS 94.49(5) (5) In the absence of this consent, a person presenting a grievance on behalf of a client shall be informed of the determination of the client rights specialist and decision of the program manager, if any, regarding the merit of the grievance, but if the text of the determination contains confidential information to which the person is not privileged or for which a release has not been obtained, the text may not be disclosed to the person.

DHS 94.49(6) (6) 

DHS 94.49(6)(a) (a) A person presenting a grievance on behalf of a client may request additional review of an adverse decision, up to and including final state review under s. DHS 94.44.

DHS 94.49(6)(b) (b) If the client is opposed to requesting additional review, or when the parent or guardian’s consent is required for treatment and the parent or guardian is opposed to requesting additional review, the reviewing officer may only proceed if the person presenting the grievance provides sufficient information to demonstrate that there are reasonable grounds for believing that failure to proceed may place the client or other clients at risk of physical or emotional harm.

DHS 94.49 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 94.50 DHS 94.50 Interim relief.

DHS 94.50(1) (1) If the client rights specialist or a person conducting an administrative review of a grievance finds that interim relief is necessary to protect a client’s well-being pending resolution of a grievance, a directive may be given to the program manager to modify the services being provided to the client to the extent necessary to protect the client.

DHS 94.50(2) (2) A directive for interim relief shall be designed to provide the necessary protection at the minimum expense to the program while protecting the rights of the client.

DHS 94.50(3) (3) A program manager may appeal a directive for interim relief to the department administrator designated under s. DHS 94.44 (1).

DHS 94.50 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

DHS 94.51 DHS 94.51 Complaints related to the existence or operation of grievance resolution systems.

DHS 94.51(1) (1) Clients or persons acting on behalf of clients under s. DHS 94.49 may register complaints relating to failure of a program to have a grievance resolution system as required by s. 51.61 (5) (b), Stats., and this subchapter, or relating to the operation of an existing grievance resolution system directly to the unit or office of the department designated to conduct administrative reviews under s. DHS 94.42 (1) (b) 2.

DHS 94.51(2) (2) If a complaint regarding the existence or operation of a grievance resolution system is filed with the department, a state grievance examiner shall conduct an investigation to determine whether a grievance resolution system meeting the requirements of s. 51.61 (5) (b), Stats., and this subchapter is in place in the program.

DHS 94.51(3) (3) If the program lacks a grievance resolution system, or if the operation of an existing grievance resolution system is not in substantial compliance with the requirements of this subchapter, the state grievance examiner shall issue a report identifying the steps necessary for the program to implement a grievance resolution system that complies with this subchapter, with a timeline for implementation.

DHS 94.51(4) (4) The client or a person acting on behalf of the client or the program manager may seek a review of the state grievance examiner’s report under sub. (3) by the administrator designated under s. DHS 94.44 (1).

DHS 94.51(5) (5) If the program fails to implement the required steps in the expected time period, the matter shall be referred by the grievance examiner to the appropriate unit or office of the department or the county department with responsibility for oversight of the program for action related to certification, licensure or reimbursement or for censure of the program.

DHS 94.51(6) (6) Nothing in this section shall be read as prohibiting or limiting in any way the beginning of an action under s. 51.61 (7) or (7m), Stats., or any other civil or criminal prosecution by or on behalf of a client.

DHS 94.51 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 94.52 DHS 94.52 Investigation by the department. The department may investigate any alleged violation of this chapter and shall, in accordance with ch. DHS 92, have access to treatment records and other materials and to individuals having information relating to the alleged violation.

DHS 94.52 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DHS 94.53 DHS 94.53 Support for development of grievance resolution systems.

DHS 94.53(1) (1) The department shall prepare materials, including but not limited to model policies and program guidelines, which describe methods for implementing the elements necessary for a grievance resolution system which is in compliance with this subchapter.

DHS 94.53(2) (2) The secretary of the department shall designate an office or unit of the department which shall be responsible for providing or contracting for the provision of technical assistance to programs with questions about the development, operation and maintenance of consistency of grievance resolution systems, and for providing or arranging for the provision of training for persons who have been designated to act as client rights specialists and county directors or staff designated to carry out administrative reviews under s. DHS 94.42.

DHS 94.53 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

DHS 94.54 DHS 94.54 Units of time. All time limits in this subchapter are expressed in calendar days unless otherwise noted.

DHS 94.54 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.