reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 34 - Emergency Mental Health Service Programs › Subchapter III - Standards for Emergency Service Programs Eligible for Medical Assistance Program or Other Third Party Reimbursement › Section DHS 34.20 - Applicability

Current through June 24, 2024
(1) A county may operate or contract for the
				  operation of an emergency mental health services program that is eligible for
				  medical assistance program reimbursement or eligible for third-party payments
				  under policies governed by s.
				  632.89,
				  Stats.
(2) An emergency mental
				  health services program eligible for medical assistance program reimbursement
				  or eligible for third-party payments under policies governed by s.
				  632.89,
				  Stats., that is operated by a county or under contract for a county shall
				  comply with subch. I and this subchapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 34 - Emergency Mental Health Service Programs › Subchapter III - Standards for Emergency Service Programs Eligible for Medical Assistance Program or Other Third Party Reimbursement › Section DHS 34.21 - Personnel

Current through June 24, 2024
(1) POLICIES.
(a) An emergency mental health services
				  program shall have written personnel policies.
(b) A program shall maintain written
				  documentation of employee qualifications and shall make that information
				  available upon request for review by clients and their guardians or parents,
				  where guardian or parent consent is required for treatment, and by the
				  department.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 34 - Emergency Mental Health Service Programs › Subchapter III - Standards for Emergency Service Programs Eligible for Medical Assistance Program or Other Third Party Reimbursement › Section DHS 34.22 - Services

Current through June 24, 2024
(1) PLAN FOR COORDINATION OF SERVICES.
(a) Each emergency mental health services
				  program shall prepare a written plan for providing coordinated emergency mental
				  health services within the county. The coordinated emergency mental health
				  services plan shall include all of the following:
1. A description of the nature and extent of
				  the emergency mental health service needs in the county.
2. A description of the county's overall
				  system of care for people with mental health problems.
3. An analysis of how the services to be
				  offered by the program have been adapted to address the specific strengths and
				  needs of the county's residents.
4.
				  A description of the services the program offers, the criteria and priorities
				  it applies in making decisions during the assessment and response stages, and
				  how individuals, families and other providers and agencies can obtain program
				  services.
5. A description of the
				  specific responsibilities, if any, which other mental health providers in the
				  county will have in providing emergency mental health services, and a process
				  to be used which addresses confidentiality and exchange of information to
				  ensure rapid communication between the program and the other providers and
				  agencies.
6. Any formal or informal
				  agreements to receive or provide backup coverage which have been made with
				  other providers and agencies, and any role the program may play in situations
				  in which an emergency protective placement is being sought for a person under
				  s. 55.135, Stats.
7. Criteria for selecting and identifying
				  clients who present a high risk for having a mental health crisis, and a
				  process for developing, maintaining and implementing crisis plans under s.
				  DHS 34.23
				  (7) on their behalf.
8. A description of the agreements, including
				  any written memoranda of understanding which the program has made with law
				  enforcement agencies, hospital emergency rooms within the county, the Winnebago
				  or Mendota mental health institute, if used for hospitalization by the county,
				  or the county corporation counsel, which do all of the following:
a. Outline the role program staff will have
				  in responding to calls in which a person may be in need of hospitalization,
				  including providing services on-site and through telehealth.
b. Describe the role staff will have in
				  screening persons in crisis situations to determine the need for
				  hospitalization.
c. Provide a
				  process for including the emergency mental health services program in planning
				  to support persons who are being discharged from an inpatient stay, or who will
				  be living in the community under a ch. 51, Stats., commitment.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 34 - Emergency Mental Health Service Programs › Subchapter III - Standards for Emergency Service Programs Eligible for Medical Assistance Program or Other Third Party Reimbursement › Section DHS 34.24 - Client service records

Current through June 24, 2024
(1) MAINTENANCE AND SECURITY.
(a) A program shall maintain accurate records
				  of services provided to clients, including service notes prepared under s.
				  DHS
				  34.23(8) and crisis plans developed
				  under s.
				  DHS
				  34.23(7).
(b) The program administrator is responsible
				  for the maintenance and security of client service records.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 34 - Emergency Mental Health Service Programs › Subchapter III - Standards for Emergency Service Programs Eligible for Medical Assistance Program or Other Third Party Reimbursement › Section DHS 34.25 - Client rights

Current through June 24, 2024
(1) POLICIES AND PROCEDURES. All programs
				  shall comply with s.
				  51.61, Stats.,
				  and ch. DHS 94 on the rights of clients.
(2) CONFLICT RESOLUTION.
(a) A program shall inform clients and their
				  parents or guardian, where the consent of the parent or guardian is required
				  for services, that they have the option of using either formal or informal
				  procedures for resolving complaints and disagreements.
(b) A program shall establish a process for
				  informal resolution of concerns raised by clients, family members and other
				  agencies involved in meeting the needs of clients.
(c) A program shall establish a grievance
				  resolution system which meets the requirements under s.
				  DHS
				  94.27 for a grievance resolution system.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 34 - Emergency Mental Health Service Programs › Subchapter III - Standards for Emergency Service Programs Eligible for Medical Assistance Program or Other Third Party Reimbursement › Section DHS 34.26 - Client satisfaction

Current through June 24, 2024
(1) Each program
				  shall have a process for collecting and recording indications of client
				  satisfaction with the services provided by the program. This process may
				  include any of the following:
(a) Short
				  interviews with persons who have received emergency services.
(b) Evaluation forms to be completed and
				  returned by clients after receiving services.
(c) Follow-up
				  conversations.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter I - General Provisions › Section DHS 35.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
					 49.45(2)
					 (a) 11., 51.04, 51.42 (7) (b) 11., and 227.11
					 (2) (a), Stats., to establish minimum standards for certification of outpatient
					 mental health clinics that receive reimbursement for outpatient mental health
					 services from the Wisconsin medical assistance and BadgerCare Plus programs or
					 private insurance under s.
					 632.89(2)
					 (d), Stats., or that utilize federal
					 community mental health services block grant funds under , et.seq., or receive
					 state community aids funds under s.
					 51.423(2),
					 Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter I - General Provisions › Section DHS 35.02 - Applicability

Current through June 24, 2024
(1) This chapter applies to public and
				  private outpatient mental health clinics that request reimbursement for
				  services from the Wisconsin medical assistance and BadgerCare Plus programs and
				  from private insurance required under s.
				  632.89(2),
				  Stats., or who utilize federal community mental health services block grant
				  funds under , et.seq., or receive state community aids funds under s.
				  51.423(2),
				  Stats.
(2) This chapter does not
				  apply to outpatient programs governed under ch. DHS 75 that provide services to
				  persons who have alcohol or other drug abuse related treatment needs but do not
				  provide mental health services.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter I - General Provisions › Section DHS 35.03 - Definitions

Current through June 24, 2024
(1) "Advanced practice nurse" has the meaning
				  given in s. N 8.02 (1).
(1g)
				  "Advanced practice nurse prescriber" means an advanced practice nurse certified
				  to issue prescription orders under s.
				  441.16 (2),
				  Stats.
(1m) "Approved placement
				  criteria" means a placement instrument that is used to develop a placement
				  recommendation for an appropriate level of care for a consumer who has a
				  substance use disorder such as the Wisconsin Uniform Placement Criteria
				  (WI-UPC); the American Society of Addiction Medicine (ASAM); or similar
				  placement instrument that is approved by the department.
Note:
A copy of the publications,
Wisconsin Uniform Placement Criteria and Patient Placement Criteria for
					 the Treatment of Substance- Related Disorders
, published by the
					 American Society of Addiction Medicine (ASAM), may be obtained by writing the
					 Bureau of Mental Health and Substance Abuse Services, 1 W. Wilson Street, Room
					 437, PO Box 7851, Madison, Wisconsin 53707-7851. Send inquires about the ASAM
					 placement criteria to American Society of Addiction Medicine, 4601 N. Park
					 Ave., Suite 101 Upper Arcade, Chevy Chase, MD 20815, or check ASAM's internet
					 site at
www.asam.org
.
(2) "Available to provide outpatient mental
				  health services" means physical presence at any of the clinic's offices or via
				  telehealth.
(4) "Clinical
				  collaboration" means mental health professionals working together in a joint
				  intellectual and clinical approach for the therapeutic benefit and favorable
				  outcome of consumers.
(5) "Clinical
				  supervision" means any of the following:
(a)
				  The supervised practice of psychotherapy as described under ch. MPSW 4, 12, or
				  16, or Psy 2, as applicable. For a recognized psychotherapy practitioner,
				  "clinical supervision" means the supervised practice of psychotherapy by a
				  licensed treatment professional of at least one hour per week.
(b) For any staff member, including a
				  substance abuse counselor, who provides services to consumers who have a
				  primary diagnosis of substance abuse, "clinical supervision" has the meaning
				  given under s.
				  SPS
				  160.02 (6) by a clinical supervisor
				  as defined under s.
				  SPS
				  160.02 (7).
Note:
Any staff member, including a substance
					 abuse counselor-in training, substance abuse counselor, or clinical substance
					 abuse counselor, providing services to consumers who have a primary diagnosis
					 of substance abuse is required under s.
					 DHS 35.14 (4)
					 (b) to receive clinical supervision from a
					 clinical supervisor as defined under s.
					 SPS
					 160.02
					 (7).
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter II - Certification › Section DHS 35.06 - Effect of certification

Current through June 24, 2024
(1) PUBLIC FUNDING. Unless certified under
				  this chapter, an outpatient mental health clinic is not eligible to receive
				  funding from the Wisconsin medical assistance or BadgerCare Plus programs under
				  ss.
				  49.45
				  and
				  49.471, Stats.,
				  federal community mental health services block grant funds under , et. seq., or
				  state community aids funds under s.
				  51.423(2),
				  Stats., in connection with the provision of outpatient mental health
				  services.
(2) PRIVATE INSURANCE. An
				  outpatient mental health clinic certified under this chapter is certified by
				  the department within the meaning of s.
				  632.89(1)
				  (e) 1, Stats., for purposes of the provisions
				  of s.
				  632.89(2),
				  Stats., relating to required coverage of treatment for certain conditions under
				  certain policies issued by private insurers.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter II - Certification › Section DHS 35.07 - Location of service delivery

Current through June 24, 2024
(1) A clinic may
				  provide outpatient mental health services at one or more offices. If a clinic
				  provides outpatient mental health services at more than one office, all of the
				  following apply:
(a) The clinic shall
				  designate one office as its main office.
(b) All notices under this chapter will be
				  sent to the main office.
(c) The
				  clinic administrator shall be primarily located at the main office.
(d) Both the clinic as a whole and the main
				  office shall comply with the staffing requirements of s.
				  DHS 35.123
				  (2).
(e) The clinic shall adopt policies and
				  procedures that are adequate to ensure that the clinic administrator is able to
				  carry out the oversight and other responsibilities specified under ss.
				  DHS 35.123
				  (1),
				  35.14
				  (1), and
				  35.15 (1) and
				  (2) with respect to all other offices, given
				  the location of the clinic's offices and their distance from the main
				  office.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter II - Certification › Section DHS 35.08 - Certification process

Current through June 24, 2024
(1) INITIAL APPLICATION. Application to the
				  department for initial outpatient mental health clinic certification shall be
				  made to the department on a form provided by the department and shall include
				  applicable fees, proof of malpractice and liability insurance for the clinic
				  and each staff member who provides psychotherapy or who is a prescriber, and
				  all of the information requested in the application. Additional offices do not
				  require separate certification, but the clinic shall identify each office
				  location and respond to any questions regarding each office in the application
				  for initial certification.
Note:
Fees are set and periodically revised by
					 the department's Division of Quality Assurance. Fees may vary based on a number
					 of factors including the number of offices at which the clinic provides
					 services.
Note:
Application materials may be obtained
					 from and submitted to the Behavioral Health Certification Section, Division of
					 Quality Assurance, PO Box 2969, Madison, WI 53701-2969
(2) COMPLIANCE REVIEW.
(a) Upon receipt of a complete initial
				  application, department staff may conduct an on-site inspection of any office
				  identified in the clinic application and may review any of the following
				  information to determine if the clinic is in compliance with this chapter:
1. Statements made by the applicant or a
				  staff member.
2. Documentary
				  evidence.
3. On-site observations
				  by a representative of the department.
4. Reports by consumers regarding the
				  clinic's operations.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter II - Certification › Section DHS 35.09 - Notification of clinic changes

Current through June 24, 2024
The clinic shall notify the department of any changes in
					 administration, ownership or control, office location, clinic name, or program,
					 and any change in the clinic's policies or practices that may affect clinic
					 compliance by no later than the effective date of the change.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter II - Certification › Section DHS 35.10 - Scope and transferability of certification

Current through June 24, 2024
Certification is issued only for the offices identified in
					 the application for initial certification and only for the individual or
					 individuals, corporations or other legal entities named in the application for
					 initial certification. Certification may not be transferred or assigned,
					 including by change of ownership or control of a corporation or other legal
					 entity named in the certification. A change in ownership or control includes a
					 majority change in the shares of stock held or in the board of directors of a
					 corporation certified under this chapter, or any other change that results in
					 transfer of control or transfer of a majority share in the control of the
					 operations of a clinic. A change in ownership requires application for new
					 certification. Additional offices at which services are provided do not require
					 separate certification but shall be identified in the application for initial
					 certification.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter II - Certification › Section DHS 35.11 - Enforcement actions

Current through June 24, 2024
(1) UNANNOUNCED VISITS. The department may
				  make unannounced on-site inspections of any office of a clinic at any time to
				  conduct complaint or death investigations involving the clinic, its staff
				  members, or outpatient mental health services provided by the clinic, or to
				  determine a clinic's progress toward compliance after citation of a major
				  deficiency.
(1m) NOTICE OF
				  DEFICIENCIES.
(a) If the department
				  determines that a clinic has a deficiency, the department shall issue a notice
				  of deficiency to the clinic. The department may place restrictions on the
				  activities of the clinic, or terminate or summarily suspend the clinic's
				  certification.
(b)
1. If requested by the department, the clinic
				  shall submit a plan of correction to the department within 30 days of the date
				  of the notice of deficiency issued under par. (a), or other time designated by
				  the department in the notice of deficiency. If the plan of correction submitted
				  by the clinic is not acceptable to the department, the department may impose a
				  plan of correction.
2. A plan of
				  correction submitted by a clinic or imposed by the department under subd. 1.
				  shall identify the specific steps the clinic will take to correct the
				  deficiency; the timeline within which the corrections will be made; and the
				  staff members who will implement the plan and monitor for future
				  compliance.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter II - Certification › Section DHS 35.12 - Waivers and variances

Current through June 24, 2024
(1) A clinic may apply to the department for
				  a waiver or a variance at any time. Each request shall be made in writing to
				  the department and shall include all of the following:
(a) Identification of the rule provision from
				  which the waiver or variance is requested.
(b) The time period for which the waiver or
				  variance is requested.
(c) If the
				  request is for a variance, the specific alternative action that the outpatient
				  clinic proposes.
(d) The reasons
				  for the request.
(e) Supporting
				  justification.
(f) Any other
				  information requested by the department.
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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter III - Personnel › Section DHS 35.123 - Staffing requirements for clinics

Current through June 24, 2024
(1) Each clinic
				  shall have a clinic administrator who is responsible for clinic operations,
				  including ensuring that the clinic is in compliance with this chapter and other
				  applicable state and federal law. A clinic administrator may be a licensed
				  treatment professional or mental health practitioner.
(2) In addition to the clinic administrator,
				  the clinic shall have a sufficient number of qualified staff members available
				  to provide outpatient mental health services to consumers admitted to care.
				  Except as provided in s.
				  DHS
				  35.12(2m), the clinic shall implement
				  any one of the following minimum staffing combinations to provide outpatient
				  mental health services:
(a) Two or more
				  licensed treatment professionals who combined are available to provide
				  outpatient mental health services at least 60 hours per week.
(b) One or more licensed treatment
				  professionals who combined are available to provide outpatient mental health
				  services at least 30 hours per week and one or more mental health practitioners
				  or recognized psychotherapy practitioners who combined are available to provide
				  outpatient mental health services at least 30 hours per week.
(c) One or more licensed treatment
				  professionals who combined are available to provide outpatient mental health
				  services at least 37.5 hours per week, and at least one psychiatrist or
				  advanced practice nurse prescriber who provides outpatient mental health
				  services to consumers of the clinic at least 4 hours per month.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter III - Personnel › Section DHS 35.127 - Persons who may provide psychotherapy services through an outpatient mental health clinic

Current through June 24, 2024
(1) Any mental health professional may
				  provide psychotherapy to consumers through a clinic required to be certified
				  under this chapter.
(2) A qualified
				  treatment trainee may provide psychotherapy to consumers only under clinical
				  supervision as defined under s.
				  DHS
				  35.03(5) (a).
(3) A clinic may choose to require clinical
				  supervision of a mental health practitioner or recognized psychotherapy
				  practitioner.
(4) A person who has
				  a suspended, revoked, or voluntarily surrendered professional license may not
				  provide psychotherapy to consumers. A person whose license or certificate is
				  limited or restricted, may not provide psychotherapy under circumstances
				  prohibited by the limitation or restriction.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter III - Personnel › Section DHS 35.13 - Personnel policies

Current through June 24, 2024
The clinic shall have and implement written personnel
					 policies and procedures that ensure all of the following:
(1) Each staff member who provides
				  psychotherapy or who prescribes medications is evaluated to determine if the
				  staff member possesses current qualifications and demonstrated competence,
				  training, experience and judgment for the privileges granted to provide
				  psychotherapy or to prescribe medications for the clinic.
(2) Compliance with the caregiver background
				  check and misconduct reporting requirements in s.
				  50.065,
				  Stats., and ch. DHS 12, and the caregiver misconduct reporting and
				  investigation requirements in ch. DHS 13.
Note:
Forms for conducting a caregiver
					 background check including the background information disclosure form may be
					 obtained from the department's website at
					 http://dhs.wisconsin.gov/caregiver/index.htm [File Link Not Available]or by
					 writing the department at Office of Caregiver Quality, Division of Quality
					 Assurance, P.O. Box 2969, Madison, WI 53701-2969. Phone: (608) 266-8481, Fax:
					 (608) 267-0352.
(3) A
				  record is maintained for each staff member and includes all of the following:
(a) Confirmation of an applicant's current
				  training or professional license or certification, if a training or
				  professional license or certification is necessary for the staff member's
				  prescribed duties or position. All limitations and restrictions on a staff
				  member's license shall be documented by the clinic.
(b) The results of the caregiver background
				  check including a completed background information disclosure form for every
				  background check conducted, and the results of any subsequent investigation
				  related to the information obtained from the background check.
(c) A vita of training, work experience and
				  qualifications for each prescriber and each person who provides
				  psychotherapy.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter III - Personnel › Section DHS 35.14 - Clinical supervision and clinical collaboration

Current through June 24, 2024
(1)
(a) The clinic administrator shall have
				  responsibility for administrative oversight of the job performance and actions
				  of each staff member and require each staff member to adhere to all laws and
				  regulations governing the care and treatment of consumers and the standards of
				  practice for their individual professions.
(b) Each clinic shall implement a written
				  policy for clinical supervision as defined under s.
				  DHS
				  35.03(5), and clinical collaboration
				  as defined under s.
				  DHS
				  35.03(4). Each policy shall address
				  all of the following:
1. A system to
				  determine the status and achievement of consumer outcomes, which may include a
				  quality improvement system or a peer review system to determine if the
				  treatment provided is effective, and a system to identify any necessary
				  corrective actions.
2.
				  Identification of clinical issues, including incidents that pose a significant
				  risk of an adverse outcome for one or more consumers of the outpatient mental
				  health clinic that should warrant clinical collaboration, or clinical
				  supervision that is in addition to the supervision specified under ch. MPSW 4,
				  12, or 16, or Psy 2, or for a recognized psychotherapy practitioner, in
				  accordance with s.
				  DHS
				  35.03(5) (a), whichever is
				  applicable.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter III - Personnel › Section DHS 35.15 - Orientation and training

Current through June 24, 2024
(1) GENERAL
				  REQUIREMENT. The clinic administrator shall ensure each staff member receives
				  initial and continuing training that enables the staff member to perform staff
				  member's duties effectively, efficiently, and competently. Documentation of
				  training shall be made available to department staff upon request.
(2) ORIENTATION.
(a) The clinic shall maintain documentation
				  that each staff member who is a mental health professional and who is new to
				  the clinic has completed the training requirements specified under par. (b),
				  either as part of orientation to the clinic or as part of prior education or
				  training. The clinic administrator shall require all other staff members to
				  complete only the orientation training requirements specified under par. (b)
				  that are necessary, as determined by the clinic administrator, for the staff
				  member to successfully perform the staff member's assigned job
				  responsibilities.
(b) The
				  orientation training requirements under this subsection are:
1. A review of the pertinent parts of this
				  chapter and other applicable statutes and regulations.
2. A review of the clinic's policies and
				  procedures.
3. Cultural factors
				  that need to be taken into consideration in providing outpatient mental health
				  services for the clinic's consumers.
4. The signs and symptoms of substance use
				  disorders and reactions to psychotropic drugs most relevant to the treatment of
				  mental illness and mental disorders served by the clinic.
5. Techniques for assessing and responding to
				  the needs of consumers who appear to have problems related to trauma; abuse of
				  alcohol, drug abuse or addiction; and other co-occurring illnesses and
				  disabilities.
6. How to assess a
				  consumer to detect suicidal tendencies and to manage persons at risk of
				  attempting suicide or causing harm to self or others.
7. Recovery concepts and principles that
				  ensure services, and supports connection to others and to the
				  community.
7m. Appropriate delivery
				  of telehealth services, including issues ensuring privacy and confidentiality
				  of recipient information and communications.
8. Any other subject that the clinic
				  determines is necessary to enable the staff member to perform the staff
				  member's duties effectively, efficiently, and
				  competently.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.16 - Admission

Current through June 24, 2024
(1) The clinic shall establish written
				  selection criteria for use when screening a consumer for possible admission.
				  The criteria may include any of the following limitations as applicable:
(a) Sources from which referrals may be
				  accepted by the clinic.
(b)
				  Restrictions on acceptable sources of payment for services, or the ability of a
				  consumer or a consumer's family to pay.
(c) The age range of consumers whom the
				  clinic will serve based on the expertise of the clinic staff members.
(d) Diagnostic or behavioral requirements
				  that the clinic will apply in deciding whether or not to admit a consumer for
				  treatment.
(e) Any consumer
				  characteristics for which the clinic has been specifically designed, including
				  the nature or severity of disorders that can be managed on an outpatient basis
				  by the clinic, and the expected length of time that services may be
				  necessary.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.165 - Emergency services

Current through June 24, 2024
(1) The clinic shall have and implement a
				  written policy on how the clinic will provide or arrange for the provision of
				  services to address a consumer's mental health emergency or crisis during hours
				  when its offices are closed, or when staff members are not available to provide
				  outpatient mental health services.
Note:
The phrase "available to provide
					 outpatient mental health services" is defined under s.
					 DHS
					 35.03(2).
(2) The clinic shall include, in its written
				  policies, the procedures for identifying risk of attempted suicide or risk of
				  harm to self or others.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.18 - Consent for outpatient mental health services

Current through June 24, 2024
(1) If a clinic
				  determines that a consumer is appropriate for receiving outpatient mental
				  health services through the clinic, the clinic shall inform the consumer or the
				  consumer's legal representative of the results of the assessment. In addition,
				  the clinic shall inform the consumer or the consumer's legal representative,
				  orally and in writing, of all of the following:
(b) Treatment alternatives.
(c) Possible outcomes and side effects of
				  treatment recommended in the treatment plan.
(d) Treatment recommendations and benefits of
				  the treatment recommendations.
(e)
				  Approximate duration and desired outcome of treatment recommended in the
				  treatment plan.
(f) The rights of a
				  consumer receiving outpatient mental health services, including the consumer's
				  rights and responsibilities in the development and implementation of an
				  individual treatment plan.
(g) The
				  outpatient mental health services that will be offered under the treatment
				  plan.
(h) The fees that the
				  consumer or responsible party will be expected to pay for the proposed
				  services.
Note:
Consumers receiving Medicaid covered
					 services may not be charged any amount in connection with services other than
					 the applicable cost share, if any, specified by the Wisconsin Medicaid Program.
(i) How to use the
				  clinic's grievance procedure under ch. DHS 94.
(j) The means by which a consumer may obtain
				  emergency mental health services during periods outside the normal operating
				  hours of the clinic.
(k) The
				  clinic's discharge policy, including circumstances under which a patient may be
				  involuntarily discharged for inability to pay or for behavior reasonably the
				  result of mental health symptoms.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.19 - Treatment plan

Current through June 24, 2024
(1) DEVELOPMENT OF THE TREATMENT PLAN.
(a) A licensed treatment professional, mental
				  health practitioner, or recognized psychotherapy practitioner, shall develop an
				  initial treatment plan upon completion of the comprehensive assessment required
				  under s.
				  DHS
				  35.17(1) (b). The treatment plan
				  shall be based upon the diagnosis and symptoms of the consumer and describe all
				  of the following:
1. The consumer's strengths
				  and how they will be used to develop the methods and expected measurable
				  outcomes that will be accomplished.
2. The method to reduce or eliminate the
				  symptoms causing the consumer's problems or inability to function in day to day
				  living, and to increase the consumer's ability to function as independently as
				  possible.
3. For a child or
				  adolescent, a consideration of the child's or adolescent's development needs as
				  well as the demands of the illness.
4. The schedules, frequency, and nature of
				  services recommended to support the achievement of the consumer's recovery
				  goals, irrespective of the availability of services and funding.
Note:
Nothing in this chapter is intended to
					 interfere with the right of providers under s.
					 51.61(6),
					 Stats., to use customary and usual treatment techniques and procedures in a
					 reasonable and appropriate manner in the treatment of patients who are
					 receiving services under the mental health system, for the purpose of
					 ameliorating the conditions for which the patients were admitted to the system.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.20 - Medication management

Current through June 24, 2024
(1) A clinic may choose whether to provide
				  medication management as part of its services.
(2) Consumers receiving only medication
				  management from a clinic shall be referred by the clinic's prescriber for
				  psychotherapy when appropriate to the consumer's needs and recovery.
(3) All medications prescribed by the clinic
				  shall be documented in the consumer file as required under s.
				  DHS
				  35.23(1) (a) 10.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.21 - Treatment approaches and services

Current through June 24, 2024
(1) The clinic
				  shall have and implement a written policy that identifies the selection of
				  treatment approaches and the role of clinical supervision and clinical
				  collaboration in treatment approaches. The treatment approaches shall be based
				  on guidelines published by a professional organization or peer-reviewed
				  journal. The final decision on the selection of treatment approaches for a
				  specific consumer shall be made by the consumer's therapist in accordance with
				  the clinic's written policy.
(2)
				  The clinic shall make reasonable efforts to ensure that each consumer receives
				  the recommended interventions and services identified in the consumer's
				  treatment plan or revision of the treatment plan that is created under s.
				  DHS
				  35.19(1), that the consumer is
				  willing to receive as communicated by an informed consent for
				  treatment.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.215 - Group therapy

Current through June 24, 2024
The maximum number of consumers receiving services in a
					 single group therapy session is 16, and the minimum staff to consumer ratio in
					 group therapy is one to 8. If different limits are justified based on
					 guidelines published by a governmental entity, professional organization or
					 peer-reviewed journal indicate, the clinic may request a variance of either the
					 limit of group size or the minimum staff to consumer ratio.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.22 - Discharge summary

Current through June 24, 2024
(1) Within 30 days after a consumer's date of
				  discharge, the licensed treatment professional, mental health practitioner, or
				  recognized psychotherapy practitioner who was primarily responsible for
				  providing outpatient mental health services for the consumer shall prepare a
				  discharge summary and enter it into the consumer file. The discharge summary
				  shall include all of the following:
(a) A
				  description of the reasons for discharge.
(b) A summary of the outpatient mental health
				  services provided by the clinic, including any medications.
(c) A final evaluation of the consumer's
				  progress toward the goals of the treatment plan.
(d) Any remaining consumer needs at the time
				  of discharge and the recommendations for meeting those needs, which may include
				  the names and addresses of any facilities, persons or programs to which the
				  consumer was referred for additional services following discharge.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.23 - Consumer file

Current through June 24, 2024
(1) RECORDS REQUIRED.
(a) The clinic shall maintain a consumer file
				  for each consumer who receives outpatient mental health services. Each consumer
				  file shall be arranged in a format that provides for consistent recordkeeping
				  that facilitates accurate and efficient retrieval of record information. All
				  entries in the consumer file shall be factual, accurate, legible, permanently
				  recorded, dated, and authenticated with the signature and license or title of
				  the person making the entry. Treatment records contained in a consumer file are
				  confidential to the extent required under s.
				  51.30, Stats. An
				  electronic representation of a person's signature may be used only by the
				  person who makes the entry. The clinic shall possess a statement signed by the
				  person, which certifies that only that person shall use the electronic
				  representation via use of a personal password. Each consumer file shall include
				  accurate documentation of all outpatient mental health services received
				  including all of the following:
1. Results of
				  each assessment conducted.
2.
				  Initial and updated treatment plans.
3. The recommendation or prescription for
				  psychotherapy.
4. For consumers who
				  are diagnosed with substance abuse disorder, a completed copy of the most
				  current approved placement criteria summary if required by s.
				  DHS
				  35.16(5).
5. Documentation of referrals of the consumer
				  to outside resources.
6.
				  Descriptions of significant events that are related to the consumer's treatment
				  plan and contribute to an overall understanding of the consumer's ongoing level
				  and quality of functioning.
7.
				  Progress notes, which shall include documentation of therapeutic progress,
				  functional status, treatment plan progress, symptom status, change in
				  diagnosis, and general management of treatment.
8. Any recommended changes or improvement of
				  the treatment plan resulting from clinical collaboration or clinical
				  supervision.
9. Signed consent
				  forms for disclosure of information and for medication administration and
				  treatment, and court orders, if any.
10. A listing of medications prescribed by
				  staff prescribers, and a medication administration record if staff dispenses or
				  administers medications to the consumer.
11. Discharge summary and any related
				  information.
12. Notice of
				  involuntary discharge, if applicable.
13. Any other information that is appropriate
				  for the consumer file.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.24 - Consumer rights

Current through June 24, 2024
(1) A clinic shall implement written polices
				  and procedures that are consistent with s.
				  51.61, Stats.,
				  and ch. DHS 94 to protect the rights of consumers.
(2) If a staff member no longer is employed
				  by or contracts with the outpatient mental health clinic, the clinic shall
				  offer consumers who had been served by that staff member options for ongoing
				  services.
(3)
(a) A consumer may be involuntarily
				  discharged from treatment because of the consumer's inability to pay for
				  services or for behavior that is reasonably a result of mental health symptoms
				  only as provided in par. (b).
(b)
				  Before a clinic may involuntarily discharge a consumer under par. (a), the
				  clinic shall notify the consumer in writing of the reasons for the discharge,
				  the effective date of the discharge, sources for further treatment, and of the
				  consumer's right to have the discharge reviewed, prior to the effective date of
				  the discharge, by the subunit of the department that certifies clinics under
				  this chapter, with the address of that subunit. A review under this paragraph
				  is in addition to and is not a precondition for any other grievance or legal
				  action the consumer may bring in connection with the discharge, including a
				  grievance or action under s.
				  51.61, Stats. In
				  deciding whether to uphold or overturn a discharge in a review under this
				  paragraph, the department may consider:
1.
				  Whether the discharge violates the consumer's rights under s.
				  51.61,
				  Stats.
2. In cases of discharge for
				  behavior that is reasonably a result of mental health symptoms, whether the
				  consumer's needs can be met by the clinic, whether the safety of staff or other
				  consumers of the clinic may be endangered by the consumer's behavior, and
				  whether another provider has accepted a referral to serve the
				  consumer.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 35 - Outpatient Mental Health Clinics › Subchapter IV - Outpatient Mental Health Services › Section DHS 35.25 - Death reporting

Current through June 24, 2024
The clinic shall report the death of a consumer to the
					 department if required under s.
					 51.64(2),
					 Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 36 - Comprehensive Community Services For Persons With Mental Disorders And Substance-Use Disorders › Subchapter I - General Provisions › Section DHS 36.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
					 49.45(30e)
					 (b) and
					 51.42(7)
					 (b), Stats., to establish the scope of
					 psychosocial service programs, standards for certification and criteria for
					 determining the need for psychosocial rehabilitation services, and other
					 conditions of coverage of community based psychosocial services under the
					 medical assistance program pursuant to ss.
					 49.45(30e)
					 and
					 49.46(2)
					 (b) 6 Lm., Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 36 - Comprehensive Community Services For Persons With Mental Disorders And Substance-Use Disorders › Subchapter I - General Provisions › Section DHS 36.02 - Applicability

Current through June 24, 2024
(1) This chapter applies to the department
				  and to county departments and tribes that apply for certification or are
				  certified to provide comprehensive community services under ss.
				  49.45(30e)
				  and
				  51.42(7)
				  (b), Stats.
(2) Programs operating under this chapter
				  shall do business as comprehensive community services programs.
(3) This chapter regulates only comprehensive
				  community services programs. This chapter is not intended to regulate other
				  mental health or substance-use disorder programs.
(4) Persons covered under the
				  comprehensive-community services programs include children and adults,
				  including elders, with mental disorders or substance-use disorders.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 36 - Comprehensive Community Services For Persons With Mental Disorders And Substance-Use Disorders › Subchapter II - Certification › Section DHS 36.04 - Certification requirements

Current through June 24, 2024
(1) APPLICATION.
(a) A county department or tribe seeking to
				  operate a certified comprehensive community services program shall apply to the
				  department for certification on an application form provided by the department.
Note:
An application for certification may be
					 obtained by writing to the Behavioral Health Certification Section, Division of
					 Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969.