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 History History: 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 63.04 DHS 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)(a) (a) A staff member of the CSP has had sexual contact as defined in s. 940.225 (5) (b), Stats., or sexual intercourse, as defined in s. 940.225 (5) (c), Stats., with a client;

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 Note Note: The mailing address of the Division of Hearings and Appeals is P.O. Box 7875, Madison, WI 53707.

DHS 63.04 History History: 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 DHS 63.05 Waivers.

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 Note Note: 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) (4) Grant or denial.

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.