reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 68 - Support For Persons With Dementia And Their Caregivers › Section DHS 68.06 - Allowable use of funds

Current through June 24, 2024
(1) PURPOSES. As permitted by s.
				46.87(5),
				Stats., the administering agency may use allocated funds for any of the
				following purposes:
(a) To pay for the cost of
				goods and services provided to or purchased for or by households and for
				limited transportation and supplemental services for a caregiver of a person
				living in a residential facility who is found eligible to participate in the
				program under s.
				DHS 68.07. The
				program may not be used to pay fees associated with the cost of permanent
				placement in an assisted living facility or other living arrangement that is
				not a CBRF or adult family home as defined under s.
				DHS
				68.02.
(b)
				To contract with service providers to develop new programs or expand
				services.
(c) To provide outreach,
				that is, to search out persons in need of support by the program, or to provide
				activities designed to develop or enhance public awareness of
				dementia.
(d) To develop or assist
				support groups for persons with dementia and caregivers.
(e) To pay for program administration, except
				that no more than 10% of funds allocated for the program may be used for this
				purpose.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 68 - Support For Persons With Dementia And Their Caregivers › Section DHS 68.07 - Client eligibility

Current through June 24, 2024
In accordance with s.
				  46.87(5),
				  Stats., the administering agency of each county or tribe shall determine the
				  eligibility of each household that applies to participate in that county or
				  tribe's program by establishing that the household or person meets all of the
				  following conditions:
(1) DIAGNOSIS OF
				CONDITION. At least one member of the household or the person who lives in a
				residential facility has received a final, tentative or preliminary documented
				diagnosis of dementia from a physician or other qualified medical
				provider.
(2) RESIDENCY. The person
				in the household who has dementia, or that person's caregiver, meets one of the
				following conditions:
(a) Resides in the
				county or tribal service area.
(b)
				The person with dementia lives in a residential facility located in the county
				or tribal service area.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 68 - Support For Persons With Dementia And Their Caregivers › Section DHS 68.08 - Determination of need

Current through June 24, 2024
The amount paid or expended for each person diagnosed with
				  dementia may not exceed $4,000 in any calendar year. For the purpose of
				  calculating the funds to be paid to or expended for a household or individual
				  participating in the program, the administering agency shall conduct a needs
				  assessment to determine all of the following:
(1) The goods and services needed by the
				household to enable it to maintain the person with dementia as a member of the
				household.
(2) The goods and
				services reasonably needed by a person with dementia living in a residential
				facility that are not included in residential fees paid to the
				facility.
(3) The cost of each good
				and service that is needed.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 68 - Support For Persons With Dementia And Their Caregivers › Section DHS 68.09 - Method of payment

Current through June 24, 2024
The payment by an administering agency for goods and services
				  shall be made using one or more of the following methods:
(1) Payment made to a service provider on
				behalf of the person with Alzheimer's disease or of the person's
				caregiver;
(2) Payment made to a
				service provider under contract with the administering agency to develop new
				programs or to expand services;
(3)
				Payment made to the household of a person with Alzheimer's disease pursuant to
				accounting requirements set forth by the administering agency; or
(4) Payment made to the manager of a
				residential facility in which a person with Alzheimer's disease resides for the
				purchase of goods or services, or both, pursuant to accounting requirements set
				forth by the administering agency.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 68 - Support For Persons With Dementia And Their Caregivers › Section DHS 68.10 - Hearing

Current through June 24, 2024
(1) JURISDICTION. Any household or individual
				participating in the program or caregiver may appeal the following actions by
				an administering agency:
(a) Denial of an
				application to participate in a program.
(b) The calculation of funds to be paid to or
				expended for a household or a person with dementia living in a residential
				facility and participating in the program.
(c) Reduction, suspension, limitation or
				termination of goods and services provided under this chapter.
(d) Change of provider of goods and services
				provided under this chapter.
(e)
				Change of method of payment for goods and services provided under this
				chapter.
(f) Change of the maximum
				amount payable in a calendar year to or on behalf of any participating person
				with dementia.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 68 - Support For Persons With Dementia And Their Caregivers › Section DHS 68.11 - Exceptions to requirements

Current through June 24, 2024
The department may grant an exception to an administering
				  agency of any requirement made of the administering agency under this chapter,
				  except a requirement under s.
				  DHS 68.03 or
				  68.10(2), if the
				  department is convinced that an alternative to the requirement meets the intent
				  of and is in compliance with s.
				  46.87,
				  Stats. The department shall respond in writing to a written request for an
				  exception within 30 days after receiving the request.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 70 - Group homes for recovering substance abusers (Repealed) › Section DHS 70.01 - Purpose and authority (Repealed)

Current through June 24, 2024
Sections
					 20.435(6)
					 (gd) and 46.976(4), Stats., were repealed by
					 2007 Wis. Act 20.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 70 - Group homes for recovering substance abusers (Repealed) › Section DHS 70.05 - Applying for a loan (Repealed)

Current through June 24, 2024
For a copy of the application form, write or phone the
					 Bureau of Substance Abuse Services, Division of Disability and Elder Services,
					 P. O. Box 7851, Madison, Wisconsin 53707, 608/266-2717.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 73 - Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver › Section DHS 73.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				  46.277(5) (d)
				  1n b. and (5r), and 227.11 (2) (a), Stats.,
				  to establish certain standards and procedures related to assessments, case
				  plans, service agreements, participant payment of service providers and
				  verification that services have been received for county administration of home
				  and community-based services waivers from medical assistance requirements that
				  the department receives from the secretary of the U.S. department of health and
				  human services under 42 USC
				  1396n(c), to establish
				  conditions of hardship under which the department may grant exceptions in
				  individual cases to limits on spending by counties for care provided in CBRFs
				  and to establish criteria for county agency determination of the infeasibility
				  of in-home services as a condition for paying for services provided to a
				  program participant residing in a CBRF.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 73 - Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver › Section DHS 73.02 - Applicability

Current through June 24, 2024
This chapter applies to county departments and private
				  non-profit agencies with which the department contracts to provide home and
				  community-based services through a medical assistance waiver, and to vendors
				  providing assessments, case plans or supportive home care services funded under
				  a medical assistance waiver.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 73 - Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver › Section DHS 73.04 - Assessment and case plan

Current through June 24, 2024
(1) ASSESSMENT.
				Within the limits of state and federal funds, a county department shall carry
				out an assessment of any person residing in a nursing home who wants to be
				assessed for eligibility to receive support services within the community
				rather than within the nursing home, any person seeking admission to or about
				to be admitted to a nursing home for whom community services represent an
				alternative to nursing home residence or any person whom the county department
				judges would otherwise require nursing home care in the absence of
				comprehensive community services. The assessment shall include a face-to-face
				discussion with the person or the person's guardian and any appropriate family
				members and caregivers. The assessment shall result in an outline of what would
				be required to enable the person to live at home or in a homelike setting
				integrated with the community and to meet the person's preferences for
				location, type and manner of services provided.
(2) CASE PLAN. The county department shall
				develop a case plan for non-institutional community services for a person who
				is assessed and for whom services are feasible, can be financed with available
				state and federal funds and are preferred to nursing home care by the person or
				the person's guardian. The case plan shall specify the types and amounts of
				services to be provided, the manner of service delivery and the assistance to
				be provided by informal community supports and shall incorporate the
				participant's preferences to the maximum extent possible.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 73 - Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver › Section DHS 73.05

Current through June 24, 2024
To obtain a copy of the Community Options Program
					 Guidelines and Procedures, write the Bureau of Long Term Support, Division of
					 Community Services, P.O. Box 7851, Madison, Wisconsin 53707-7851.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 73 - Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver › Section DHS 73.06 - Development of service agreements

Current through June 24, 2024
(1) REQUIREMENT FOR
				NEGOTIATED AGREEMENT. Except when a county department expects services to be
				provided for less than 30 days, after an assessment and case plan have been
				completed and within 2 weeks after the initiation of service by the service
				provider, an agreement or agreements on services to be provided the participant
				shall be negotiated.
(2)
				PARTICIPANT EMPLOYMENT OF SERVICE PROVIDER. If the service provider is employed
				by the participant or participant's representative, there shall be 2 service
				agreements unless the county department and the participant or participant's
				representative decide that a single agreement is preferable. A single agreement
				involving the county department, participant or participant's representative
				and service provider shall cover all required items in the 2 agreements. If
				there are 2 agreements, they shall be the following:
(a) A signed agreement between the county
				department and the participant or participant's representative, which shall set
				out in writing:
1. The specific services that
				will be provided;
2. The amount of
				funds the county department will provide;
3. Procedures for transfer of funds by the
				county department;
4. A requirement
				that any service provider employed by the participant or participant's
				representative shall be qualified on the basis of experience, training or both
				to perform required tasks, and that any training needed by the service provider
				shall be completed within 6 months after beginning employment or after February
				1, 1993 whichever is later; and
5.
				That the county department or a vendor for the county department shall act as
				fiscal agent for the participant or participant's representative for the
				purpose of performing the tasks required to comply with wage, benefit and tax
				laws applicable to the employer, unless the participant or participant's
				representative makes an informed, knowing and voluntary waiver of the use of a
				fiscal agent; and
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 73 - Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver › Section DHS 73.08 - Supervisory review of payment decisions

Current through June 24, 2024
(1) The county
				department shall develop and implement written procedures for supervisory
				review of staff decisions regarding the competence of a participant to receive
				funds to pay a service provider and appropriateness of the levels of funds
				based upon the needs identified in the participant's assessment and services
				authorized in the case plan for the participant.
(2) In conducting a review of a case in which
				a participant or participant's representative receives funds, the supervisor
				shall examine:
(a) The capability of the
				participant or participant's representative to manage funds and act as employer
				of the service provider;
(b) The
				adequacy of the funds provided compared to the level of need identified in the
				participant's assessment; and
(c)
				The adequacy of any training provided to the participant or the participant's
				representative to enable the participant or participant's representative to
				manage funds and serve as an employer.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 73 - Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver › Section DHS 73.09 - Documentation that services have been provided

Current through June 24, 2024
(1) If a
				participant or the participant's representative employs a service provider, the
				county department shall verify the type and amount of service for which
				reimbursement is sought. A verification form developed and available from the
				county department shall either be submitted to the county department by the
				participant or participant's representative or be reviewed by the case manager
				at the participant's residence at least every 6 months.
(2) The completed verification form shall
				include the following information:
(a) The
				type or types of services provided;
(b) The number of hours of service provided
				in the past month or, if the service provider lives in the residence of the
				participant, the number of days of service provided in the past
				month;
(c) The total dollar amount
				paid for the services;
(d) The
				month in which the services were provided;
(e) The dated signature of the participant or
				participant's representative; and
(f) The dated signature of the service
				provider.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 73 - Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver › Section DHS 73.10 - Individual hardship exceptions to limits on funding for CBRF care

Current through June 24, 2024
(1) LIMITATION
				ON FUNDING. Each county shall annually establish limits on spending for
				services for persons who reside in CBRFs from the allocations received under s.
				46.277(5),
				Stats., for community long-term support services.
(2) LIMITATION ON ELIGIBILITY. If the
				projected cost of the services for an individual who is residing or intending
				to reside in a CBRF and initially applies for services to a county department
				would cause the county department to exceed a limit on spending for services
				provided to persons who reside in CBRFs under sub. (1), the individual is not
				eligible for those services using funds allocated under s.
				46.277(5),
				Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 73 - Selected Fiscal Management Procedures And Standards Under The Medical Assistance Home And Community-Based Services Waiver › Section DHS 73.11 - Criteria for determination of the infeasibility of in-home services

Current through June 24, 2024
(1) A
				county may use long-term support funds under s.
				46.277, Stats., to provide
				services to a person residing in a CBRF if the county department or aging unit
				has determined that all 5 conditions under s.
				46.277(5) (d)
				1n, Stats., have been met.
Note:
The five conditions are: the completion of
				  an assessment before the person's admission; determination of the infeasibility
				  of in-home care; determination that the CBRF is the person's preferred
				  residence; determination that the CBRF provides a quality environment and
				  quality care services; and determination that the CBRF is cost-effective when
				  compared to other residential options.
(2) To determine in-home care is infeasible,
				the county department or aging unit shall document in writing that all of the
				following have occurred:
(a) A change has
				occurred in the individual's condition, functioning, living situation or
				supports so that arrangements that were in place and adequate to maintain the
				individual's health, safety and well-being are no longer sufficient to provide
				or ensure the provision of what the individual needs.
Note:
Examples include, but are not limited to,
				  when a spouse or other family member who has been a major caregiver dies or for
				  some other reason can no longer provide care, or when there is a major change
				  in the medical condition of a program participant such as a stroke or heart
				  attack and there is need for more care and support but the additional funds or
				  needed caregivers are for some reason not available.
(b) Options for supporting the individual in
				his or her own home and community have been explored or attempted but have
				either failed or been found to be unavailable or not possible.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter I - General Provisions › Section DHS 75.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
					 46.973(2)
					 (c),
					 51.42(7)
					 (b),
					 51.4224, and
					 51.45(8)
					 and (9), Stats., to establish standards for
					 community substance use prevention and treatment services under ss.
					 51.42
					 and
					 51.45,
					 Stats. Sections
					 51.42(1)
					 and
					 51.45(1)
					 and (7), Stats., provide that a full
					 continuum of substance use services be available to Wisconsin
					 citizens.
This section is created eff. 10-1-22 by CR 20-047.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter I - General Provisions › Section DHS 75.02 - Applicability

Current through June 24, 2024
(1) This chapter
				  shall apply to all of the following:
(a) A
				  publicly or privately operated facility providing substance use treatment
				  services, in accordance with ss.
				  51.01(19)
				  and
				  51.45(8)
				  (c), Stats.
(b) A publicly or privately operated facility
				  providing substance use treatment services approved by the state opioid
				  treatment authority.
(c) A
				  substance use service that receives funds under ch. 51, Stats., is funded
				  through the department as the federally designated single state agency for
				  substance use services, receives substance abuse prevention and treatment
				  funding or other funding specifically designed for providing services under ss.
				  DHS
				  75.14 to 75.15, where certification is required by a
				  contract with the department.
(d)
				  An intoxicated driver service described in s.
				  DHS
				  75.15.
(e)
				  A publicly or privately operated service that requests certification by the
				  department.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter II - Certification › Section DHS 75.04 - Application requirements

Current through June 24, 2024
An application for initial certification shall be on a form
					 provided by the department and shall be accompanied by all of the
					 following:
(1) Service policies and
				  procedures required by this chapter.
(2) All fees required under ss.
				  51.04
				  and
				  51.45(8)
				  (a), Stats.
(3) Additional information needed for
				  certification that is requested by the department.
Certification information and applications can be found
						at:
https://www.dhs.wisconsin.gov/regulations/aoda/certification.htm
.
This section is created eff. 10-1-22 by CR
						20-047.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter II - Certification › Section DHS 75.05 - Department action

Current through June 24, 2024
(1)
INITIAL
				  CERTIFICATION.
(a) Within 60 days
				  after receipt of a complete application, the department shall review the
				  application and either approve or deny the certification.
(b) A certification issued by the department
				  shall be only for persons named in the application. A certification may not be
				  transferred or assigned without following the change of ownership provisions in
				  s.
				  DHS
				  75.07.
(c)
				  A certification is valid until suspended or revoked by the department, except
				  for opioid treatment programs.
(d)
				  Opioid treatment programs shall be certified in accordance with s.
				  51.4224(2),
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter II - Certification › Section DHS 75.06 - Biennial forms and fees

Current through June 24, 2024
(1) Every 24
				  months, on a date determined by the department, the service shall submit the
				  biennial forms provided by the department, and shall submit payment of the
				  certification continuation fees under ss.
				  51.04
				  and
				  51.45(8)
				  (a), Stats., except for opioid treatment
				  programs under s. DHS 75.59.
(2)
				  For opioid treatment programs, the service shall submit required reports in
				  accordance with s.
				  51.4223,
				  Stats.
This section is created eff. 10-1-22 by CR 20-047.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter II - Certification › Section DHS 75.07 - Change of ownership

Current through June 24, 2024
(1)
CHANGE OF
				  OWNERSHIP.
A change of ownership of a service occurs when the service
				  does any of the following:
(a) Removes, adds,
				  or substitutes an individual as a partner in the association, dissolving the
				  existing partnership and creating a new partnership.
(b) Removes, adds, or substitutes any member
				  in a limited liability company.
(c)
				  Makes a change in a corporate structure under which the same corporation no
				  longer continues to be responsible for making operational decisions or for the
				  consequences of those decisions.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter II - Certification › Section DHS 75.08 - Agency closure

Current through June 24, 2024
(1) Any service
				  that intends to close shall provide written notice to each client by mail or
				  electronic mail to the client's last known address, to each client's legal
				  representative, if applicable, and the department at least 30 days before
				  closing. The notice shall include the client's right to obtain treatment
				  records as prescribed in s.
				  DHS
				  92.05 and ch. DHS 94.
(2) The service shall provide assistance to
				  clients for continuity of necessary services, including written notice of
				  alternate service providers.
This section is created eff. 10-1-22 by CR 20-047.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter II - Certification › Section DHS 75.09 - Ongoing compliance and enforcement actions

Current through June 24, 2024
(1)
INSPECTIONS.
(a) The department
				  may make announced and unannounced inspections of a certified service to verify
				  compliance with this chapter, to investigate complaints received regarding the
				  services provided, or as part of an investigation into the cause of death of a
				  client.
(b) To ensure compliance
				  with this chapter and other applicable statutes and regulations, the department
				  shall have access to all service documents, open and closed client records, and
				  staff member files at any time.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter II - Certification › Section DHS 75.10 - Investigation, notification, and reporting requirements

Current through June 24, 2024
(1)
DEATH
				  REPORTING.
(a)
Patient
				  death related to physical restraint, psychotropic medication, or
				  suicide.
No later than 24 hours after a service becomes aware
				  of the death of a patient, the service shall report the death to the department
				  if there is reasonable cause to believe the death was related to the use of a
				  physical restraint or psychotropic medication, or was a suicide.
(b)
Patient death related to an
				  accident or injury.
When a patient dies as a result of an
				  incident or accident at the service location not related to the use of a
				  physical restraint, psychotropic medication, or suicide, the service shall send
				  a report to the department within 3 working days of the patient's death.
Note: Information and forms for statutorily reportable
					 deaths and reporting procedures can be found at:
https://www.dhs.wisconsin.gov/regulations/report-death/definitions.htm
.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter II - Certification › Section DHS 75.11 - General records and retention

Current through June 24, 2024
(1) The service
				  shall retain all records required under this chapter for 7 years, unless
				  otherwise specified in subs. (2) and (3).
(2) Client records shall be retained as
				  specified in ch. DHS 92 and in 42 CFR part 2.
(3) Employee records shall be retained for 3
				  years following an employee's separation from employment at the
				  service.
(4) A service shall have a
				  written policy and procedure for administrative review and maintenance of
				  records related to incident reports.
This section is created eff. 10-1-22 by CR 20-047.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter II - Certification › Section DHS 75.12 - Telehealth services

Current through June 24, 2024
(1) All requirements in this chapter shall
				  also be applicable to telehealth services delivered under this
				  chapter.
(2) Services delivered
				  through telehealth shall be of sufficient quality to be functionally
				  equivalent.
This section is created eff. 10-1-22 by CR 20-047.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter II - Certification › Section DHS 75.13 - Waivers and variances

Current through June 24, 2024
(1)
EXCEPTION
				  TO A REQUIREMENT.
(a) The department
				  may grant a waiver or variance if the department determines that the proposed
				  waiver or variance will not jeopardize the health, safety, welfare, or rights
				  of any client.
(b) A written
				  request for a waiver or variance shall be sent to the department on a form
				  provided by the department and includes justification that the waiver or
				  variance will not adversely affect the health, safety, or welfare of any client
				  for the requested action.
(c) A
				  written request for a variance shall include a description of an alternative
				  means planned to meet the intent of the requirement.
(d) In considering whether to approve a
				  waiver or variance, the department will consider whether the requested waiver
				  or variance increases patient access to care or sufficiently supports the
				  efficient and economic operation of a service.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter III - Prevention and Intervention Service Requirements › Section DHS 75.14 - Prevention service

Current through June 24, 2024
(1)
SERVICE
				  DESCRIPTION.
A prevention service makes use of universal, selective, and
				  indicated prevention services as defined by s. DHS 75.14(3). Prevention
				  services may be focused on reducing behaviors and actions that increase the
				  risk of misusing substances or being affected by another person's substance
				  use.
(2)
APPLICABILITY.
This section shall apply to prevention services when required by
				  contract with the department, or when a prevention service requests
				  certification.
(3)
DEFINITIONS.
In this section:
(a)
				  "Prevention" has the meaning given in s.
				  SPS
				  160.02(21).
(b) "Prevention domain" refers to content
				  areas that professionals working in substance use prevention shall be
				  knowledgeable in. The prevention domains include any of the following:
1. Planning and evaluation.
2. Prevention education and service
				  delivery.
3.
				  Communication.
4. Community
				  organization.
5. Public policy and
				  environmental change.
6.
				  Professional growth and responsibility, including ethics.
(c) "Prevention service" means the organized
				  application of strategies and interventions that are provided to reduce the
				  overall harms and burden of substance use for an identified community or
				  group.
(d) "Prevention strategy"
				  means activities targeted to a specific population or the larger community that
				  are designed to be implemented before the onset of problems as a means to
				  prevent substance use or its detrimental effects from occurring.
(e) "Target population" means the identified
				  community or group that a prevention strategy is aimed to impact.
(f) "Universal, selective, and indicated
				  prevention strategy" means different levels of risk that are addressed through
				  community-based substance use prevention efforts, where universal prevention
				  efforts focus on general audiences who have not been identified based on
				  substance use-related risk, selective prevention efforts focus on audiences
				  with known risk factors for a substance use-related problem, and indicated
				  prevention efforts focus on audiences who are already experiencing a substance
				  use-related problem.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter III - Prevention and Intervention Service Requirements › Section DHS 75.15 - Intervention service and intoxicated driver services

Current through June 24, 2024
(1)
SERVICE
				  DESCRIPTION FOR AN INTERVENTION SERVICE.
Intervention services are
				  delivered in a wide variety of settings and are designed to explore and address
				  risk factors that appear to be related to substance use, to assist the
				  individual in recognizing the consequences of harmful substance use, and to
				  provide information for individuals to make behavioral changes. Intervention
				  services may include screening, brief intervention and referral,
				  psychoeducational services, pre-treatment intervention groups, case management,
				  health education, outreach and in-reach programs, problem identification,
				  information dissemination, alternative education, intoxicated driver
				  assessments, and support services provided to reduce the effects of
				  substance-related concerns by identifying and engaging the individual to change
				  behavior or to participate in treatment or other wellness services.
(2)
APPLICABILITY.
This section
				  shall apply to any of the following:
(a)
				  Intervention services, as required by contract with the department.
(b) Intoxicated driver services.
(c) An intervention service that requests
				  certification.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter IV - Treatment Service General Requirements › Section DHS 75.16 - Applicability of treatment service general requirements

Current through June 24, 2024
This subchapter establishes general requirements that apply
					 to the 11 types of community substance use treatment services under ss. DHS
					 75.49 to 75.59. General requirements apply to all treatment services certified
					 under this chapter, unless otherwise specified.
This section is created eff. 10-1-22 by CR 20-047.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter IV - Treatment Service General Requirements › Section DHS 75.17 - Governing authority or entity owner requirements

Current through June 24, 2024
(1)
GOVERNING
				  AUTHORITY OR ENTITY OWNER REQUIREMENTS
.
The governing authority or entity owner of a service shall do all of the
				  following:
(a) Designate a member or
				  representative of the governing body that is legally responsible for the
				  operation of a service that has the authority to conduct the policy, actions,
				  and affairs of the service, to complete the entity owner background check and
				  to be the entity owner responsible for a service.
(b) Appoint a service director whose
				  qualifications, authority, and duties are defined in writing.
(c) Establish written policies and procedures
				  for the operation of the service and exercise general direction over the
				  service, including the following:
1. Ensure
				  compliance with local, state, and federal laws.
2. Ensure compliance with patient rights
				  requirements as specified in this chapter and in ch. DHS 94 and s.
				  51.61,
				  Stats.
3. Ensure that no person
				  will be denied service or discriminated against on the basis of sex, race,
				  color, creed, sexual orientation, disability, or age, in accordance with 45 CFR
				  part 92 and Title VI of the Civil Rights Act of 1964, as amended,
				  42
				  USC 2000d, Title XI of the Education
				  Amendments of 1972, 20 USC 1681-1686 and s. 504 of the Rehabilitation Act of
				  1973, as amended,
				  29 USC
				  794, and the Americans with Disabilities Act
				  of 1990, as amended, 42 USC 12101-12213.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter IV - Treatment Service General Requirements › Section DHS 75.18 - General requirements for service staff

Current through June 24, 2024
(1)
SERVICE
				  DIRECTOR.
(a) A service shall have a
				  service director.
(b) The service
				  director shall be responsible for all of the following:
1. Administration and overall operation of
				  the service.
2. Ensuring that
				  appropriate policies and procedures for the service are developed and carried
				  out in compliance with this chapter.
3. Administrative oversight of the job
				  performance and actions of service staff members.
4. Compliance with regulations governing the
				  care and treatment of patients and the standards of practice for behavioral
				  health professions.
(c)
				  Unless otherwise specified for a specific level of care, the service director,
				  or staff member designated by the director to be responsible for the operation
				  of the service, shall be readily available, at all times the service is in
				  operation. That person may provide direct counseling or other duties consistent
				  with their scope of practice, in addition to being responsible for the service
				  operation.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter IV - Treatment Service General Requirements › Section DHS 75.19 - Personnel requirements

Current through June 24, 2024
(1)
CAREGIVER
				  BACKGROUND CHECK.
At the time of hire, employment, or contract, and
				  every 4 years after, the service shall conduct and document a caregiver
				  background check following the procedures in s.
				  50.065,
				  Stats., and ch. DHS 12. A service shall not employ or contract the service if
				  the person has been convicted of the crimes or offenses, or has a governmental
				  finding of misconduct, found in s.
				  50.065,
				  Stats., and ch. DHS 12, unless the person has been approved under the
				  department's rehabilitation process, as defined in ch. DHS 12.
(2)
PERSONNEL RECORDS.
Employee
				  records shall be available upon request at the service for review by the
				  department. A separate record for each employee shall be maintained, kept
				  current, and at a minimum, include:
(a) A
				  written job description including duties, responsibilities and qualifications
				  required for the employee.
(b)
				  Beginning date of employment.
(c)
				  Qualifications based on education or experience.
(d) A completed caregiver background check
				  following procedures under s.
				  50.065,
				  Stats., and ch. DHS 12.
(e) A copy
				  of a signed statement regarding confidentiality of client
				  information.
(f) Documentation of
				  any required training.
(g) A copy
				  of any required licenses or certifications.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter IV - Treatment Service General Requirements › Section DHS 75.20 - Patient case records

Current through June 24, 2024
(1)
GENERAL
				  TREATMENT SERVICE case records.
(a)
				  With respect to general treatment service case records, the service shall do
				  all of the following:
1. Maintain a case
				  record for each patient.
2. The
				  service director or another designated staff member shall be responsible for
				  the maintenance and security of patient case records.
3. Safeguard and maintain patient case
				  records in accordance with applicable state and federal security requirements,
				  including all applicable security requirements specified in ch. DHS 92, 42 CFR
				  part 2, 45 CFR parts 164 and 170, and ss.
				  146.816
				  and
				  146.82,
				  Stats.
4. Maintain each case record
				  in a format that provides for consistency and facilitates information
				  retrieval.
5. Whenever an edit to a
				  signed entry in a patient's case record is made, the service shall document the
				  date of the edit, the name of the individual making the edit, and a brief
				  statement about the reason for the edit, if the prior version of the edited
				  information is not retained by the service.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter IV - Treatment Service General Requirements › Section DHS 75.21 - Confidentiality

Current through June 24, 2024
A service shall have written policies, procedures and staff
					 training to ensure compliance with applicable confidentiality provisions of 42
					 CFR part 2, 45 CFR parts 164 and 170, ss.
					 51.30,
					 146.816
					 and
					 146.82,
					 Stats., and ch. DHS 92. Each staff member shall sign a statement acknowledging
					 responsibility to maintain confidentiality of personal information about
					 persons served.
This section is created eff. 10-1-22 by CR 20-047.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter IV - Treatment Service General Requirements › Section DHS 75.22 - Services for minors

Current through June 24, 2024
(1)
APPLICATION.
A service under this chapter that delivers treatment
				  services to minors shall identify within their application to the department
				  each level of care that will provide treatment services for minors.
(2)
STATUTORY REQUIREMENTS.
A
				  service that delivers treatment services to minors shall adhere to all
				  applicable requirements outlined in ss.
				  51.13,
				  51.138,
				  51.14,
				  51.47
				  and
				  51.48,
				  Stats.
(3)
FAMILY
				  INVOLVEMENT
. Services for minors shall include the involvement of a
				  parent, guardian, or other family members whenever possible.
(4)
STAFF QUALIFICATIONS.
Staff
				  delivering services to minors shall have training, experience, or education
				  specific to the treatment of substance use and mental health for minors and
				  shall practice within their scope. A record of relevant training, experience,
				  or education shall be documented in the personnel record.
(5)
STAFF TRAINING.
A service
				  that delivers treatment services to minors shall provide training to clinical
				  staff in the areas of adolescent development, family systems, child abuse and
				  neglect, and involuntary treatment laws for minors, unless the service is able
				  to provide documentation of the staff member's previous training, professional
				  education, or supervised experience addressing these areas. A record of
				  required training shall be documented in the personnel record.
(6)
SEPARATION OF SERVICES.
Services for minors shall be separate from adult services, with the exception
				  of specialized groups addressing the needs of transitional-age youth. Services
				  for transitional-age youth shall be separate from other services for minors or
				  adults.
(7)
POLICIES AND
				  PROCEDURES.
A service that delivers treatment services to minors shall
				  have written policies and procedures to address specific safety needs of
				  minors, including consideration of vulnerability related to adult populations
				  served within the facility, adequacy of supervision for service delivery, and
				  services addressing specific needs of youth.
This section is created eff. 10-1-22 by CR 20-047.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter IV - Treatment Service General Requirements › Section DHS 75.23 - Service levels of care

Current through June 24, 2024
(1)
SERVICE
				  LEVELS OF CARE.
(a) Services
				  delivered under this chapter shall adhere to standardized levels of care as
				  defined in this chapter. A service shall apply the ASAM criteria or other
				  department-approved placement criteria to determine the appropriate level of
				  care, and services shall be delivered consistent with that level of
				  care.
(b) A service shall not
				  deliver or purport to deliver a service for which they do not possess
				  certification by the department under this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter IV - Treatment Service General Requirements › Section DHS 75.24 - Service operations

Current through June 24, 2024
(1) SCREENING.
(a) A service shall complete an initial
				  screening for an individual that presents for services. The screening shall
				  include all of the following:
1. Sufficient
				  assessment of dimensional risk and severity of need to determine preliminary
				  level of care.
2. A determination
				  of the patient's needs for immediate services related to withdrawal risk, acute
				  intoxication, overdose risk, induction of pharmacotherapy, or emergency medical
				  needs.
3. An assessment of the
				  patient's suicide risk.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter IV - Treatment Service General Requirements › Section DHS 75.25 - Outcome monitoring and quality improvement plan

Current through June 24, 2024
(1) A service shall
				  have a written plan for monitoring outcomes and improving service quality,
				  which includes all of the following:
(a)
				  Measurable goals relating to service quality, participant satisfaction, and
				  outcomes.
(b) Related initiatives
				  for service improvement and key indicators of identified goals and
				  outcomes.
(c) An annual report that
				  summarizes the service's quality improvement activities and program outcomes.
				  The report shall be available to patients and their families, the public, and
				  the department upon request.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter V - Residential Service Facility Requirements › Section DHS 75.26 - Applicability

Current through June 24, 2024
(1) This subchapter
				  applies to residential services certified under ss. DHS 75.53 to
				  75.58.
(2) A residential service
				  that is approved as a hospital under ch. DHS 124 is not required to meet the
				  requirements in this subchapter.
(3) A residential service that is approved
				  under ch. DHS 83 as a community-based residential facility meets the facility
				  requirements outlined in ss. DHS 75.29, 75.30, 75.33, 75.34, 75.40, 75.41,
				  75.45, and 75.46.
This section is created eff. 10-1-22 by CR 20-047.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 75 - Community Substance Use Service Standards › Subchapter V - Residential Service Facility Requirements › Section DHS 75.27 - Organizational requirements

Current through June 24, 2024
Before operating or expanding a residential service, a
					 facility shall meet all residential facility requirements included in this
					 subchapter.
This section is created eff. 10-1-22 by CR 20-047.