DHS 34.04(1)(a) (a) Except as provided in par. (b), the department may grant a waiver of any requirement in this chapter when the department determines that granting the waiver would not diminish the effectiveness of the services provided by the program, violate the purposes of the program or adversely affect clients’ health, safety or welfare, and one of the following applies:

DHS 34.04(1)(a)1. 1. Strict enforcement of a requirement would result in unreasonable hardship on the provider or on a participant.

DHS 34.04(1)(a)2. 2. An alternative to a rule, including a new concept, method, procedure or technique, new equipment, new personnel qualifications or the implementation of a pilot project is in the interests of better participant care or program management.

DHS 34.04(1)(b) (b) The department may not grant a waiver of client confidentiality or rights under this chapter, ch. DHS 92 or 94 or under other administrative rules, state statutes or federal regulations.

DHS 34.04(2) (2) Application. An application for a waiver under this section shall be made in writing to the department and shall specify all of the following:

DHS 34.04(2)(a) (a) The requirement to be waived.

DHS 34.04(2)(b) (b) The time period for which the waiver is requested.

DHS 34.04(2)(c) (c) Any alternative action which the program proposes.

DHS 34.04(2)(d) (d) The reason for the request.

DHS 34.04(2)(e) (e) Assurances that the requested waiver would meet the requirements of sub. (1).

DHS 34.04(3) (3) Grant or denial.

DHS 34.04(3)(a) (a) The department may require additional information from the program before acting on the request for a waiver.

DHS 34.04(3)(b) (b) The department shall grant or deny each request for wavier 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 completed request, the waiver shall be automatically approved.

DHS 34.04(3)(c) (c) The department may impose any condition on the granting of a waiver which it deems necessary.

DHS 34.04(3)(d) (d) The department may limit the duration of a waiver.

DHS 34.04(3)(e) (e) No waiver may continue beyond the period of certification without a specific renewal of the waiver by the department.

DHS 34.04(3)(f) (f) The department’s decision to grant or deny a waiver shall be final.

DHS 34.04 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

subch. II of ch. DHS 34 Subchapter II — Standards for Basic Emergency Service Programs

DHS 34.10 DHS 34.10 Applicability.

DHS 34.10(1) (1) A county may operate or contract for the operation of a basic emergency mental health services program.

DHS 34.10(2) (2) A basic emergency mental health services program operated by a county or under contract for a county shall comply with subch. I and this subchapter.

DHS 34.10 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-96.

DHS 34.11 DHS 34.11 Standards.

DHS 34.11(1) (1) General. A basic emergency service mental health program shall:

DHS 34.11(1)(a) (a) Provide immediate evaluation and mental health care to persons experiencing a mental health crisis.

DHS 34.11(1)(b) (b) Make emergency services available within the county’s mental health outpatient programs, mental health inpatient program or mental health day treatment program and shared with the other 2 programs.

DHS 34.11(1)(c) (c) Be organized with assigned responsibility, staff and resources so that it is a clearly identifiable program.

DHS 34.11(2) (2) Personnel.