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.;