6) A description of the physical settings indicating where services will be provided and whether these settings will be used for other purposes. Documentation of inspection or permit indicating the state building code requirements have been met, including chs. SPS 361 to 366, American with Disabilities Act, any applicable local ordinance or municipal building codes, and any additional information requested by the department.

7) If a program is proposing to operate a community-based program in a school, an agreement that describes the school in which the program will be located, the area or areas in the school where program operations will occur, the interactions that the program will have with other school activities and classes, the relationship that the program staff will have with school staff, how program staff and school staff will maintain separate duties, and the activities that youth will be participating in while also receiving services through the program.

8) How the program will participate in care coordination for youth within the community.

9) Where client records will be maintained and how confidentiality requirements of those records will be safeguarded, as required under s. DHS 40.15.

10) How the program will arrange for food service to any youth who is in the program for four or more hours during a day.

DHS 40.04(1)(c) (c) Initial on-site inspection. Upon receipt of all application materials described in sub. (2), the applicant shall do all of the following:

DHS 40.04(1)(c)1. 1. Permit the department to conduct an on-site inspection of the program’s physical settings to determine compliance with this chapter.

DHS 40.04(1)(c)2. 2. Make available for review by the department any documentation necessary to determine compliance with the standards in this chapter.

DHS 40.04(1)(d) (d) Certification determination.

DHS 40.04(1)(d)1. 1. The department shall make a certification determination within 60 days of receiving all completed application materials.

DHS 40.04(1)(d)2. 2. The department may grant certification if all the requirements of this chapter are met.

DHS 40.04(1)(d)3. 3. If the department determines that a program applying for certification does not comply with the requirements of this chapter, has a major deficiency, or the program description is not approved, the department may deny certification. A denial of certification shall be in writing and shall contain the reason for the denial and notice of appeal rights.

DHS 40.04(1)(e) (e) Scope of certification. Certification granted by the department shall only be valid for the program described in the application materials.

DHS 40.04(2) (2) Ongoing oversight provisions.

DHS 40.04(2)(a) (a) Notification of changes. A program that has received certification from the department shall notify the department of any change of administration, ownership, program name, required staff, or any other program change that may affect compliance with this chapter before the effective date of the change. A new application will be required if, upon notification, the department determines there is a substantial change in the program.

DHS 40.04 Note Note: Program notifications should be made to: Behavioral Health Certification Section, Division of Quality Assurance, PO Box 2969, Madison, WI 53701-2969 or by emailing [e-mail].

DHS 40.04(2)(b) (b) Duration of certification.

DHS 40.04(2)(b)1g. 1g. Certification is valid until suspended or terminated by the department under sub. (2) (f).

DHS 40.04(2)(b)1r. 1r. Certification may be suspended or terminated under sub. (2) (f).

DHS 40.04(2)(b)2. 2. Any program that intends to close shall notify the department in writing at least 30 days before closing and comply with s. DHS 40.15 (9).

DHS 40.04(2)(c) (c) Biennial report and fees. Every 24 months, by the date of renewal, the program shall submit a biennial report on the form provided by the department, and shall submit payment of certification continuation fees for the purpose of renewing certification of the program for two years.

DHS 40.04(2)(d) (d) Ongoing on-site inspections. The program shall permit unannounced, on-site inspections of the program by the department to conduct program reviews, to conduct complaint or death investigations involving any aspect of the program, or to determine a program’s progress in correcting a deficiency or major deficiency cited by the department. All of the following conditions apply to an on-site inspection:

DHS 40.04(2)(d)1. 1. The department shall use a random selection process for reviewing client records during program reviews.

DHS 40.04(2)(d)2. 2. The department shall conduct client interviews as part of the program review process.

DHS 40.04(2)(e) (e) Notice of deficiencies.

DHS 40.04(2)(e)1. 1. If the department determines that a program has a deficiency, the department shall issue a notice of deficiency to the program. The notice of deficiency may place restrictions on the activities of the program, or suspend or terminate the program’s certification.

DHS 40.04(2)(e)2. 2. The program shall submit a plan of correction to the department as indicated in the notice of deficiency. The plan of correction shall identify the specific steps the program will take to correct the deficiency, the timelines within which the corrections will be made, and the staff members who will implement the plan and monitor for future compliance.

DHS 40.04(2)(e)3. 3. If the department determines that the plan of correction submitted by the program does not adequately address deficiencies listed in the notice of deficiency, the department may impose a plan of correction.

DHS 40.04(2)(f) (f) Termination and suspension of certification.