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.

DHS 40.04(2)(f)1. 1. The department may terminate certification at any time for any major deficiency by issuing a notice of major deficiency to the program. The notice shall specify the reason for the department action and contain appeal information.

DHS 40.04(2)(f)2. 2. The department may summarily suspend a program’s certification if the department determines that immediate action is required to protect the health, safety, or welfare of youth. Notice of suspension may be written or verbal and shall specify the reason for the department action and the date the action becomes effective. Within 10 working days after the order is issued, the department shall either lift the suspension on the program’s certification or proceed to terminate the program’s certification.

DHS 40.04(2)(g) (g) Appeals. If the department denies or terminates certification, the program may request a hearing under ch. 227, Stats.

DHS 40.04(2)(h) (h) Reapplication. If an application for certification is denied, the program may not reapply for certification for one year following the date on which certification was denied.

DHS 40.04(2)(i) (i) Dissemination of results. Upon completing action on an application for certification, staff of the department shall provide a summary of the results of the process to the applicant, to the subunit within the department responsible for monitoring community mental health programs, and to the department of community programs under s. 51.42, Stats., in the county in which the program is located.

DHS 40.04 History History: CR 19-018: cr. Register June 2020 No. 774, eff. 7-1-20; correction in numbering of (2) (b) 1g., 1r. made under s. 13.92 (4) (b) 1., Stats., and correction in (1) (c) (intro.), (2) (a), (b) 2., (c), (d) made under s. 35.17, Stats., Register June 2020 No. 774; correction in (2) (b) 1g., 1r. made under s. 13.92 (4) (b) 7., Stats., Register December 2020 No. 780.

DHS 40.05 DHS 40.05 Waivers and variances.

DHS 40.05(1) (1) Request. A program may request a waiver or a variance from the department. A request shall be made in writing and include all of the following:

DHS 40.05(1)(a) (a) The name of the program.

DHS 40.05(1)(b) (b) The rule provision from which the waiver or variance is requested.

DHS 40.05(1)(c) (c) The time period for which the waiver or variance is requested.

DHS 40.05(1)(d) (d) If the request is for a variance, the specific alternative action that the program proposes.

DHS 40.05(1)(e) (e) The reasons for the request and a supporting justification.

DHS 40.05(1)(f) (f) Any other information requested by the department.

DHS 40.05 Note Note: An application for a waiver or variance should be addressed to the Behavioral Health Certification Section, Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969 or emailed to [e-mail].

DHS 40.05(2) (2) Requirements.

DHS 40.05(2)(a) (a) The department may grant a waiver or variance requested by a program, or may impose additional conditions on the proposed waiver or variance, including limiting their duration, or providing that the waiver or variance may be withdrawn for any of the reasons specified in par. (b) if the department determines all of the following:

DHS 40.05(2)(a)1. 1. The waiver or variance is not likely to adversely affect the health, safety, or welfare of any youth.

DHS 40.05(2)(a)2. 2. The waiver or variance is likely to improve services, or management and operation of the program, or permit piloting of new services.

DHS 40.05(2)(b) (b) The department may revoke a waiver or variance granted under par. (a) if any of the following occurs:

DHS 40.05(2)(b)1. 1. The program fails to comply with the variance as granted.

DHS 40.05(2)(b)2. 2. The program notifies the department that it wishes to relinquish the waiver or variance.

DHS 40.05(2)(b)3. 3. There is a change in applicable state or federal law.

DHS 40.05(2)(b)4. 4. The department determines the revocation is necessary to protect the health, safety, or welfare of a youth.

DHS 40.05(3) (3) Notification.

DHS 40.05(3)(am) (am) Within 60 days of the receipt of a request for a waiver or variance, the department shall notify the program in writing of its decision to do any of the following: