DHS 61.20(5)(c)(c) Within 5 days, excluding weekends and legal holidays, after receipt of notice of suspension (under sub. (2)), any program may demand and shall be entitled to receive a hearing, unless waived in writing, within 14 days of the demand in writing, and be given a decision on suspension.
DHS 61.20(5)(d)(d) A program’s certification may be terminated, with notice of proposed termination, and a summary of the basis of the proposed termination, and with notice of an opportunity for a hearing to respond to the findings contained in the summary within 10 days and before termination shall become effective. Failure to demand such hearings in writing within 20 days of the time of the required notice, correctly addressed, is placed in the United States mail, shall constitute waiver of the right to such hearing. Termination of certification shall be based on the following grounds:
DHS 61.20(5)(d)1.1. Any of the program’s licenses or required local, state of federal approvals have been revoked, suspended, or have expired.
DHS 61.20(5)(d)2.2. The program or its agents has or have been convicted of federal or state criminal statute violations for conduct performed under the Medical Assistance Program.
DHS 61.20(5)(d)3.3. The program submitted or caused to be submitted false statements, for purposes of obtaining certification under these rules, which it knew, or should have known, to be false.
DHS 61.20(5)(d)4.4. The program failed to maintain compliance to standards for which it was certified.
DHS 61.20(5)(d)5.5. The program has failed to abide by the Federal Civil Rights Act of 1964 in providing services.
DHS 61.20(5)(e)(e) Certification for programs that do not submit biennial reports and fees required under s. DHS 61.695 by the end of the biennial cycle will be terminated without right to a hearing. Thereafter, a new application for certification must be submitted.
DHS 61.20 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80; CR 22-078: am. (5) (e) Register July 2023 No. 811, eff. 8-1-23.
DHS 61.21DHS 61.21Reports required by the department. Statistical and other reports required by the department shall be reported on the appropriate form, and at the times required by the department.
DHS 61.21 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80.
DHS 61.22DHS 61.22Revision of standards. The department shall periodically review and revise these standards, not less frequently than every 5 years. Experiences in the application of the standards shall be incorporated into the review and revision process.
DHS 61.22 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80.
DHS 61.23DHS 61.23Confidentiality of records. Records shall be kept on each recipient of services. Confidentiality of records shall be safeguarded. Files shall be locked when not in active use and kept in a secure place.
DHS 61.23 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80.
DHS 61.24DHS 61.24Education/information. Each community services board shall develop a structured plan for a comprehensive program of public education, continuing education, and public information. In addition, education and preventive practices and procedures shall be a recognizable and an integral part of every program.
DHS 61.24 HistoryHistory: Cr. Register, January, 1980, No. 289, eff. 2-1-80.
subch. II of ch. DHS 61Subchapter II — Community Developmental Disabilities Services
DHS 61.30DHS 61.30Introduction.
DHS 61.30(1)(1)Purpose of rules. The following rules establish service standards for community developmental disabilities programs whether directly operated by counties or contracted from private providers. These service standards shall apply to each of the 16 services mandated by ch. 51, Stats., and contain the minimal requirements for each service.
DHS 61.30(1)(a)(a) For administrative purposes it is necessary to mesh the 16 services with the program elements used for reporting and budgeting for state grant-in-aid. In programming for individuals with developmental disabilities, the program elements of outpatient, day services, sheltered employment, transitional or community living, extended care and intervention are frequently referred to in relationship to the 16 required developmental disability services.
DHS 61.30(2)(2)Definitions. The following words and phrases have the designated meanings:
DHS 61.30(2)(a)(a) “Board” means a community services governing and policy making board of directors as established under s. 51.42, 51.437 or 46.23, Stats.
DHS 61.30(2)(b)(b) “Day care program” means comprehensive coordinated sets of services to the individual with a developmental disability in order to promote maturation and social development and skills in the areas of daily and community living and to provide an opportunity for the productive, constructive use of time. Day services programs are offered on a continuous basis for a routinely scheduled portion of a 24 hour day, in a non-residential setting.
DHS 61.30(2)(b)1.1. Day services programs shall include day care and may include the additional developmental services of counseling, education, recreation, training, treatment, personal care, transportation and evaluation.
DHS 61.30(2)(b)2.2. When any of these services are offered as part of an out-patient program, the appropriate standard shall apply.
DHS 61.30(2)(c)(c) “Department” unless qualified, means the department of health services.
DHS 61.30(2)(d)(d) “Director” means the program director appointed by the board or his or her designee.
DHS 61.30(2)(e)(e) “Extended care program” means the provision of food and lodging and medical or nursing care on a continuous 24 hour a day basis for individuals with developmental disabilities who are unable to live in a less restrictive setting. Extended care programs are available in Wisconsin centers for the developmentally disabled.