reglab/statecodes huggingface dataset:
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 36.05 - Certification process

Current through June 24, 2024
(1) In this section:
(a) "Deficiency" means the failure to meet a
				  requirement of this chapter.
(b)
				  "Major deficiency" means a determination by the department that an aspect of
				  the CCS program or the conduct of its personnel does any of the following:
1. The psychosocial rehabilitation services
				  substantially fail to meet the requirements of this chapter.
2. Creates a risk of harm to a consumer or
				  violates a consumer right created by this chapter or other state or federal
				  statutes or rules, which may include any one of the following of the following:
a. A staff member has had sexual contact or
				  intercourse, as defined in s.
				  940.225(5) (b) or
				  (c), Stats., with a consumer.
b. A staff member of the CCS has been
				  convicted of consumer abuse under s.
				  940.285,
				  940.29 or
				  940.295, Stats.
c. The health or safety of a consumer is in
				  imminent danger because of a failure of the CCS or a CCS staff member to comply
				  with requirements of this chapter or any other applicable local, state or
				  federal statute or regulation.
3. The CCS has submitted, or caused to be
				  submitted, one or more statements for purposes of obtaining certification under
				  this chapter which the CCS knew or should have known to be false.
4. A license, certification or required
				  local, state or federal approval of the CCS has been revoked or suspended or
				  has expired.
5. A staff member has
				  signed a billing statement or other document that represents the CCS staff
				  member as the provider of service when the staff member did not provide the
				  service.
6. A staff member impedes
				  or has impeded monitoring of the program by the department.
7. An action or inaction by a staff member
				  constitutes grounds for involuntary termination or suspension from program
				  participation under s. DHS 106.06.
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 36.06 - Enforcement actions

Current through June 24, 2024
(1) REVOCATION AND SUSPENSION. The department
				  may revoke or suspend certification at any time upon written notice to the CCS.
				  The notice shall state the reason for the action and inform the CCS of the
				  opportunity for a hearing under sub. (3).
(2) INSPECTIONS.
(a) The department may make announced and
				  unannounced inspections of a certified CCS to verify compliance with this
				  chapter, to investigate complaints received regarding the services provided by
				  the CCS, or as part of an investigation into the cause of death of a
				  consumer.
(b) In making
				  inspections, the department shall seek to minimize any disruption to the normal
				  functioning of the CCS.
(c) Any
				  authorized officer, employee or agent of the department shall have access to
				  all CCS documents, open and closed consumer records, staff members and
				  consumers at any time to ensure compliance with the requirements of this
				  chapter and other applicable federal and state statutes and
				  regulations.
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 36.065 - Waivers and variances

Current through June 24, 2024
(1) DEFINITIONS. As used in this section:
(a) "Waiver" means the grant of an exemption
				  from a non-statutory requirement of this chapter.
(b) "Variance" means the granting of an
				  alternate requirement in place of a non-statutory requirement of this
				  chapter.
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 III - Comprehensive Community Services Program › Section DHS 36.07 - Comprehensive community services plan

Current through June 24, 2024
Each CCS program shall have a written plan that shall
					 include all of the following:
(1) A
				  description of the organizational structure. The description shall include all
				  of the following:
(a) Responsibilities of the
				  staff members assigned to the functions described in s.
				  DHS 36.10 (2)
				  (e).
(b) Policies and procedures to implement a
				  quality improvement plan consistent with the requirements in s.
				  DHS
				  36.08.
(c)
				  Policies and procedures to establish a coordination committee and work with a
				  coordination committee consistent with the requirements in s.
				  DHS
				  36.09.
(d)
				  Criteria for recruiting and contracting with providers of psychosocial
				  rehabilitation services.
(e)
				  Policies and procedures for updating and revising the CCS plan to ensure that
				  it accurately identifies current services provided and any changes in policies
				  and procedures of the CCS.
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 III - Comprehensive Community Services Program › Section DHS 36.08 - Quality improvement

Current through June 24, 2024
(1) The CCS shall develop and implement a
				  quality improvement plan to assess consumer satisfaction and progress toward
				  desired outcomes identified through the assessment process.
(2)
(a) The
				  plan shall include procedures for protecting the confidentiality of persons
				  providing opinions and include a description of the methods the CCS will use to
				  measure consumer opinion on the services offered by the CCS, assessment,
				  service planning, service delivery, and service facilitation
				  activities.
(b) The plan shall also
				  include a description of the methods the CCS will use to evaluate the
				  effectiveness of changes in the CCS program based on results of the consumer
				  satisfaction survey, recommendations for program improvement by the
				  coordination committee, and other relevant information.
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 III - Comprehensive Community Services Program › Section DHS 36.09 - CCS coordination committee

Current through June 24, 2024
(1)
(a) The CCS shall appoint a coordination
				  committee that includes representatives from various county or tribal
				  departments, including individuals who are responsible for mental health and
				  substance abuse services, service providers, community mental health and
				  substance abuse advocates, consumers, family members and interested
				  citizens.
(b) An existing committee
				  within the county or tribe may serve as the coordinating committee if it has
				  the membership required and agrees to undertake the responsibilities in sub.
				  (3).
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 IV - Personnel › Section DHS 36.11 - Supervision and clinical collaboration

Current through June 24, 2024
(1)
(a) Each staff member shall be supervised and
				  provided with the consultation needed to perform assigned functions and meet
				  the credential requirements of this chapter and other state and federal laws
				  and professional associations.
(b)
				  Supervision may include clinical collaboration. Clinical collaboration may be
				  an option for supervision only among staff qualified under s.
				  DHS 36.10 (2) (g)
				  1. to 8. Supervision and clinical
				  collaboration shall be accomplished by one or more of the following:
1. Individual sessions with the staff member
				  case review, to assess performance and provide feedback.
2. Individual session in which the supervisor
				  is present while the staff member provides assessments, service planning
				  meetings or psychosocial rehabilitation services and in which the supervisor
				  assesses, teaches and gives advice regarding the staff member's
				  performance.
3. Group meetings to
				  review and assess staff performance and provide the staff member advice or
				  direction regarding specific situations or strategies.
4. Any other form of professionally
				  recognized method of supervision designed to provide sufficient guidance to
				  assure the delivery of effective services to consumers by the staff
				  member.
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 IV - Personnel › Section DHS 36.12 - Orientation and training

Current through June 24, 2024
(1) ORIENTATION AND
				  ONGOING TRAINING.
(a)
Orientation
				  program.
The CCS shall develop and implement an orientation program
				  that includes all of the following:
1. At
				  least 40 hours of documented orientation training within 3 months of beginning
				  employment for each staff member who has less than 6 months experience
				  providing psychosocial rehabilitation services to children or adults with
				  mental disorders or substance-use disorders.
2. At least 20 hours of documented
				  orientation training within 3 months of beginning employment with the CCS for
				  each staff member who has 6 months or more experience providing psychosocial
				  rehabilitation services to children or adults with mental disorders or
				  substance-use disorders.
3. At
				  least 40 hours of documented orientation training for each regularly scheduled
				  volunteer before allowing the volunteer to work independently with consumers or
				  family members.
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 V - Consumer Services › Section DHS 36.13 - Consumer application

Current through June 24, 2024
(1) APPLICATION. Any person seeking services
				  under this chapter shall complete an application for services. Upon receipt of
				  an application the CCS shall determine the applicant's need for psychosocial
				  rehabilitation services pursuant to s.
				  DHS
				  36.14.
(1m) ADMISSION AGREEMENT. An admission
				  agreement that includes all of the following shall be signed by applicant at
				  the time of application to the CCS:
(a) The
				  nature of the CCS in which the consumer will be participating, including the
				  hours of operation and how to obtain crisis services during hours in which the
				  CCS does not operate, and staff member titles and responsibilities.
(b) The consumer rights under s.
				  DHS
				  36.19.
(c)
				  An acknowledgement of receipt and understanding of the information received in
				  pars. (a) and (b).
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 V - Consumer Services › Section DHS 36.14 - Criteria for determining the need for psychosocial rehabilitation services

Current through June 24, 2024
Psychosocial rehabilitation services shall be available to
					 individuals who are determined to require more than outpatient counseling but
					 less than the services provided by a community support program under s.
					 51.421,
					 Stats., and ch. DHS 63, as a result of a department-approved functional screen
					 and meet all of the following criteria:
(1) Has a diagnosis of a mental disorder or a
				  substance use disorder.
(2) Has a
				  functional impairment that interferes with or limits one or more major life
				  activities and results in needs for services that are described as ongoing,
				  comprehensive and either high-intensity or low-intensity. Determination of a
				  qualifying functional impairment is dependent upon whether the applicant meets
				  one of the following descriptions:
(a) `Group
				  1'. Persons in this group include children and adults in need of ongoing,
				  high-intensity, comprehensive services who have diagnoses of a major mental
				  disorder or substance-use disorder, and substantial needs for psychiatric,
				  substance abuse, or addiction treatment.
(b) `Group 2'. Persons in this group include
				  children and adults in need of ongoing, low-intensity comprehensive services
				  who have a diagnosed mental or substance-use disorder. These individuals
				  generally function in a fairly independent and stable manner but may
				  occasionally experience acute psychiatric crises.
Note: Appropriate identification of mental health or
					 substance-use related problems for this group is critical, especially because
					 they are often first seen in non-mental health or substance-use treatment
					 settings, e.g., primary care sector, school system, law enforcement, child
					 welfare, aging services, domestic violence shelters, etc.
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 V - Consumer Services › Section DHS 36.15 - Authorization of services

Current through June 24, 2024
(1) Before a
				  service is provided to an applicant under s.
				  DHS
				  36.13(2) or
				  36.17, a mental health professional
				  shall do all of the following:
(a) Review and
				  attest to the applicant's need for psychosocial rehabilitation services and
				  medical and supportive activities to address the desired recovery
				  goals.
(b) Assure that a statement
				  authorizing the proposed psychosocial rehabilitation services under the
				  standards set forth in par. (a) is provided and filed in the consumer service
				  record.
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 V - Consumer Services › Section DHS 36.16 - Assessment process

Current through June 24, 2024
(1) POLICIES AND PROCEDURES. The CCS shall
				  implement policies and procedures that address the requirements under this
				  section.
(2) FACILITATION. All of
				  the following shall occur concerning the assessment:
(a) The assessment process and the assessment
				  summary required under sub. (6) shall be completed within 30 days of receipt of
				  an application for services. The assessment process shall be explained to the
				  consumer and, if appropriate, a legal representative or family
				  member.
(b) The assessment process
				  shall be facilitated by a service facilitator.
(c) Substance use diagnoses shall be
				  established by a substance abuse professional. An assessment of the consumer's
				  substance use, strengths and treatment needs also shall be conducted by a
				  substance abuse professional.
(d)
				  The assessment process shall incorporate, to the greatest extent possible, the
				  consumer's unique perspective and own words about how he or she views his or
				  her recovery, experience, challenges, strengths, resources and needs in each of
				  the domains included in the assessment process.
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 V - Consumer Services › Section DHS 36.17 - Service planning and delivery processes

Current through June 24, 2024
(1) POLICIES AND
				  PROCEDURES. The CCS shall implement policies and procedures that address the
				  requirements under this section.
(2) FACILITATION OF SERVICE PLANNING.
(a) A written service plan shall be based
				  upon the assessment and completed within 30 days of the consumer's application
				  for services. The service plan shall include a description of all of the
				  following:
(b) The service planning
				  process shall be explained to the consumer and, if appropriate, a legal
				  representative or family member.
(c) The service planning process shall be
				  facilitated by the service facilitator in collaboration with the consumer and
				  recovery team.
(d) Service planning
				  shall address the needs and recovery goals identified in the
				  assessment.
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 V - Consumer Services › Section DHS 36.19 - Consumer rights

Current through June 24, 2024
(1) The CCS shall
				  comply with the patient rights and grievance resolution procedures in s.
				  51.61, Stats., and ch. DHS 94,
				  and all of the following:
(a) Choice in the
				  selection of recovery team members, services, and service providers.
(b) The right to specific, complete and
				  accurate information about proposed services.
(c) For Medical Assistance consumers, the
				  fair hearing process under s.
				  DHS 104.01
				  (5). For all other consumers how to request a
				  review of a CCS determination by the department.
Note:
A written request for review of the
					 determination of need for psychosocial rehabilitation services should be
					 addressed to the Bureau of Prevention, Treatment and Recovery, 1 W. Wilson
					 Street, Room 850, P.O. Box 7851, Madison, WI 53707-7851.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs › Section DHS 38.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish a process to
				  screen for, and, if appropriate, test for the use of controlled substances by
				  applicants for certain employment and training programs administered by the
				  department, and to refer individuals determined to be abusing a controlled
				  substance to a treatment provider for a substance abuse assessment and
				  evaluation and appropriate treatment as required by s.
				  49.79(9)
				  (d), Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs › Section DHS 38.03 - Information about the requirement for controlled substance abuse screening, testing, and treatment

Current through June 24, 2024
An administering agency shall provide information in a
				  format approved by the department to any individual who expresses interest in
				  or is referred to participate in an employment and training program to explain
				  the requirement for participants in certain employment and training programs to
				  undergo screening, testing, and treatment for abuse of controlled
				  substances.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs › Section DHS 38.04 - Administering and evaluating a controlled substance abuse screening questionnaire to determine possible substance abuse

Current through June 24, 2024
(1) WHO MUST
				COMPLETE A SCREENING QUESTIONNAIRE. At the time of application and at annual
				redetermination, an administering agency shall administer to any individual, as
				defined in s. DHS 38.02(8), a controlled substance abuse screening
				questionnaire approved by the department, which may include questions related
				to controlled substance abuse as well as related criminal background. An
				administering agency shall determine whether answers to the controlled
				substance abuse-screening questionnaire indicate possible use of a controlled
				substance without a valid prescription by the individual.
(2) APPLICATION REQUIREMENTS.
(a) An individual shall answer all questions
				on the screening questionnaire, sign and date the questionnaire, and submit the
				questionnaire to the administering agency.
(b) If answers to the questionnaire indicate
				the prescribed use of controlled substance by an individual, in addition to the
				requirements stated in par. (a), the individual shall provide a valid
				prescription to the administering agency.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs › Section DHS 38.05 - Requiring a test for the use of a controlled substance

Current through June 24, 2024
(1) WHO MAY BE
				REQUIRED TO UNDERGO DRUG TESTING. An individual whose answers on the screening
				questionnaire indicate possible use of a controlled substance without a
				prescription order shall be required to undergo a test for the use of a
				controlled substance.
(2) NATURE OF
				TESTING REQUIRED. Testing shall consist of laboratory analysis of a specimen
				collected from an individual, by a qualified drug testing vendor or provider
				approved by the department, in a manner specified by the department that is
				consistent with guidelines from the U.S. department of health and human
				services. A qualified drug testing vendor shall analyze the specimen for the
				presence of controlled substances specified by the department.
(3) CONTRACT FOR TESTING SERVICES. Subject to
				the department's approval, the administering agency may contract with a
				qualified trauma-informed drug testing vendor to collect a specimen, carry out
				laboratory analysis of the specimen, store the specimen for confirmatory
				testing if required, complete confirmatory testing, provide review by a medical
				review officer, and document and report test results to the administering
				agency. The department may require the use of a specific testing service
				procured through state contracting if the department determines that volume
				discounts or other preferential pricing terms can be achieved through a
				statewide contract.
(4) REFUSAL TO
				SUBMIT TO A TEST. The following shall constitute a refusal to submit to a test
				by an individual:
(a) Failure or refusal to
				appear for a scheduled drug test without good cause.
(b) Failure or refusal to complete a form or
				release of information required for testing, including those required by the
				drug-testing vendor that permit the drug-testing vendor to report test results
				to the department or administering agency.
(c) Failure or refusal to provide a valid
				specimen for testing.
(d) Failure
				or refusal to provide verification of identity to the testing vendor.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs › Section DHS 38.06 - Requiring participation in treatment

Current through June 24, 2024
(1) WHO MAY BE
				REQUIRED TO PARTICIPATE IN CONTROLLED SUBSTANCE ABUSE TREATMENT. Every
				individual who undergoes a test under s. DHS 38.05 and tests positive for the
				use of a controlled substance without presenting a valid prescription, and as
				determined by the medical review officer for the drug testing vendor, shall be
				required to participate in trauma-informed controlled substance abuse treatment
				to remain eligible to participate in an employment and training
				program.
(2) REFERRAL FOR
				TREATMENT. The administering agency shall provide information to every
				individual required to participate in substance abuse treatment about treatment
				program providers and county-specific assessment and enrollment activities
				required for entry into treatment. The administering agency shall monitor the
				individual's progress in entering and completing treatment and the results of a
				random testing for the use of a controlled substance carried out during and at
				the conclusion of treatment.
(3)
				SUBSTANCE ABUSE EVALUATION AND ASSESSMENT. A treatment provider will conduct a
				trauma-informed substance abuse evaluation and assessment and take any of the
				following actions based on the evaluation and assessment:
(a) If a treatment provider determines an
				individual does not need substance abuse treatment, the provider shall notify
				the administering agency of its determination.
(b) If a treatment provider determines an
				individual is in need of substance abuse treatment, the provider shall refer
				the individual to an appropriate treatment program to begin treatment and shall
				notify the administering agency of the referral and the expected begin date and
				duration of treatment.
(c) If a
				treatment provider determines an individual is in need of treatment but is
				unable to refer the individual because there is a waiting list for enrollment
				in appropriate treatment programs, the provider shall notify the administering
				agency when the individual is expected to be enrolled.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs › Section DHS 38.07 - Effect of completing, voluntarily withdrawing, or being terminated from an employment and training program

Current through June 24, 2024
An individual who completes or voluntarily withdraws from an
				  employment and training program is no longer subject to s.
				  49.79(9)
				  (d), Stats., or this chapter. An individual
				  who is terminated from a program for reasons unrelated to substance abuse
				  screening, testing, and treatment is no longer subject to s.
				  49.79(9)
				  (d), Stats., or this chapter. An individual
				  who is no longer subject to the requirements of s.
				  49.79(10)
				  (a) is not subject to s.
				  49.79(9)
				  (d), Stats., or this
				  chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs › Section DHS 38.08 - Confidentiality of records

Current through June 24, 2024
Completed screening questionnaires, prescriptions, testing
				  results, and treatment records relating to this chapter shall not be disclosed
				  unless for purposes connected with the administration of an employment and
				  training program, unless disclosure is otherwise authorized by law or by
				  written consent from the individual who is the subject of the record. The
				  department may establish administrative, physical, and technical safeguard
				  procedures administering agencies may be required to follow to assure
				  compliance with state and federal laws relating to public assistance program
				  records, drug testing and treatment records, and medical
				  records.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs › Section DHS 38.09 - Appeals

Current through June 24, 2024
An adverse decision under this chapter may be appealed
				  following the procedure under
				  7
				  CFR 273.15 and s. HA 3.03.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 38 - Substance Abuse Screening, Testing And Treatment For Certain Department Employment And Training Programs › Section DHS 38.10 - Payment of costs related to screening, testing and treatment

Current through June 24, 2024
(1) The department
				shall pay for all costs related to screening individuals for controlled
				substance abuse, including the costs of producing, administering, and reviewing
				screening questionnaires.
(2) The
				department shall pay for all costs related to testing individuals for
				controlled substance abuse, including any costs related to contracting with
				qualified drug testing vendors sunder s. DHS 38.05(3).
(3) The department shall fund treatment costs
				not otherwise covered by Medicaid or other private insurance at rates no higher
				than Medicaid rates.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				  51.42(7)
				  (b), Stats., and is intended to regulate
				  programs providing mental health day treatment services for
				  youth.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.02 - Applicability

Current through June 24, 2024
This chapter applies to all programs providing mental health
				  day treatment services for youth in the state of Wisconsin. This chapter does
				  not regulate other providers of day treatment services for youth, such as
				  alcohol and other substance use disorder treatment programs regulated by ch.
				  DHS 75. If a comprehensive program offers services to youth in addition to
				  mental health day treatment, this chapter applies only to those program
				  components that offer mental health day treatment.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Advanced practice nurse" has the meaning given in s. N 8.02 (1).
(2) "Advanced practice nurse prescriber" has
				the meaning given in s. N 8.02 (2).
(3) Assessment" means the process required
				under s.
				DHS
				40.13.
(4)
				"Biopsychosocial information" means the combination of physical, psychological,
				social, environmental, and cultural factors that influence a youth's
				development and functioning including underlying driving forces or unmet needs
				that are expressed through challenging behavior that a youth is
				exhibiting.
(5) "Care coordination"
				means efforts by day treatment programs to work jointly with other service
				systems and agencies, including schools, corrections, child welfare, substance
				use disorder treatment, and mental and physical health providers, in order to
				enhance services and supports and reduce barriers to service
				delivery.
(6) "Chemical restraint"
				means any medication or substance that may decrease a youth's independent
				functioning and that is not administered pursuant to a current treatment
				plan.
(7) "Client" means a youth
				receiving mental health day treatment services from a program.
(8) "Clinical collaboration" means a joint
				intellectual and clinical effort by mental health professionals, intended to
				produce therapeutic benefits and favorable outcomes.
(9) "Clinical supervision" means the process
				described in s.
				DHS 40.10
				(5).
(10) "Community-based program" means a
				program providing mental health day treatment services for youth in a facility
				that is not affiliated with a hospital.
(11) "Co-occurring disorder" means any
				combination of both a mental health disorder and a substance use
				disorder.
(12) "Crisis response
				services" means written policies and procedures for identifying risk of
				suicidal ideation, attempted suicide, or risk of harm to self or
				others.
(13) "Cultural
				responsiveness" means the process by which staff engage respectfully and
				effectively with a youth or legal representative of all cultures, languages,
				classes, races, ethnic backgrounds, disabilities, religions, genders, sexual
				orientations, and other diversity factors in a manner that does all of the
				following:
(a) Recognizes, affirms, and
				values the worth of youth, families and communities.
(b) Protects and preserves the dignity of
				youth, families and communities.
(c) Provides choices for action that are
				aligned with the context and preferences that derive from their culture and
				worldview.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.05 - Waivers and variances

Current through June 24, 2024
(1) REQUEST. A program may request a waiver
				or a variance from the department. A request shall be made in writing and
				include all of the following:
(a) The name of
				the program.
(b) The rule provision
				from which the waiver or variance is requested.
(c) The time period for which the waiver or
				variance is requested.
(d) If the
				request is for a variance, the specific alternative action that the program
				proposes.
(e) The reasons for the
				request and a 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 or emailed to
				  DHSDQAMentalHealthAODA@wisconsin.gov.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.06 - Coordination with educational services

Current through June 24, 2024
(1) Programs shall
				make reasonable efforts to provide care coordination by executing memoranda of
				understanding or other forms of interagency agreement with local educational
				agencies or other services or programs that provide services to program
				youth.
(2) This chapter does not
				modify the educational rights and obligations of the youth in the program, any
				legal representative, or any local educational agency providing services in
				coordination with a mental health day treatment program certified under this
				chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.07 - Program components

Current through June 24, 2024
(1) REQUIRED POLICIES AND PROCEDURES. A
				program shall develop and implement written policies and procedures for:
(a) Admission and orientation.
(b) Fee agreements.
(c) Assessments.
(d) Contents and implementation of
				individualized treatment plans.
(e)
				Implementation of person-centered care, including:
1. Cultural responsiveness.
2. Developmentally appropriate and
				age-appropriate service planning and delivery.
3. Legal representative
				involvement.
4. Strength-based
				approaches and planning.
5.
				Trauma-informed and responsive approaches and planning.
(f) Care coordination.
(fm) Policy on telehealth, including when
				telehealth can be used and by whom, patient privacy and information security
				considerations, and the right to decline services provided via
				telehealth.
(g) Confidentiality and
				compliance with 42 CFR part 2, 45 CFR parts 160, 162, and 164, s.
				51.30, Stats., and ch. DHS
				92.
(h) Compliance with Title 2 of
				the Americans with Disabilities Act of 1990.
(i) Client rights and grievance processes
				under s. 51.61, Stats., and ch. DHS
				94.
(j) Crisis prevention and
				response, including the program's use of support services, seclusion, and
				physical restraint and the process for obtaining a written authorization from a
				physician that allows seclusion and physical restraint for a youth prior to
				utilizing any emergency intervention with that youth.
(k) Services for minor youth transitioning to
				adulthood.
(L) Discharge, transfer,
				and continuity of care.
(m) Quality
				assurance and performance improvement.
(n) Written personnel
				policies.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.08 - Emergency safety interventions

Current through June 24, 2024
(1) PROHIBITED
				INTERVENTIONS. Mechanical restraints, with the exception of procedures in sub.
				(5) (e) and chemical restraints are prohibited.
(2) GENERAL REQUIREMENTS FOR SECLUSION AND
				PHYSICAL RESTRAINT. Seclusion and physical restraint shall comply with the
				requirements under s.
				51.61 (1) (i),
				Stats., s.
				DHS
				94.10, and this chapter.
(3) STAFF REQUIREMENTS. Seclusion and
				physical restraint shall only be administered by program staff members who have
				completed orientation described in s.
				DHS 40.10 (6)
				(b).
(4) ADMINISTRATION REQUIREMENTS. Seclusion
				and physical restraint may only be administered when all of the following
				requirements are met in addition to the requirements under s.
				51.61 (1) (i),
				Stats., and s.
				DHS
				94.10:
(a) When all
				other less restrictive methods have been exhausted.
(b) For the shortest time possible and only
				until the youth is no longer a danger to self or others.
(c) In a manner that is attentive to, and
				respectful of the trauma history, dignity, and civil rights of the
				youth.
(d) To avoid or cause the
				least possible physical or emotional discomfort, harm, and pain to the
				youth.
(e) Allowing adequate access
				to bathroom facilities, drinking water, and necessary
				medication.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.09 - Personnel qualifications

Current through June 24, 2024
(1) Minimum
				requirements.
(a) Each staff member shall
				have the professional certification, training, experience, and ability to carry
				out his or her assigned duties.
(b)
				Each staff member shall pass a criminal history and patient abuse record search
				as provided in s.
				50.065,
				Stats., and a caregiver background check under ch. DHS 12, before working for
				the program.
(c) Programs shall
				comply with caregiver misconduct reporting and investigation requirements in
				ch. DHS 13.
Note:
For a state of Wisconsin background check,
				  information on the process and fees can be found on-line at:
http://www.doj.state.wi.us/dles/cib/Fees.asp
,
				  or contact the Crime Information Bureau, Wisconsin Department of Justice, P.O.
				  Box 2718, Madison, WI 53701-2718.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.10 - Required personnel and services

Current through June 24, 2024
(1) OPERATIONAL
				RESPONSIBILITIES. A program shall include all of the following administrators:
(a) A program director who is responsible for
				program operations and ensuring that the program is in compliance with this
				chapter and other applicable state and federal laws.
(b) A clinical coordinator who is responsible
				for ensuring that all staff members providing mental health services have the
				qualifications required for their roles in the program and comply with all
				requirements relating to assessment, treatment planning, service delivery, and
				service documentation.
1. The program
				director may also serve as the clinical coordinator, if the program director is
				qualified under s.
				DHS 40.09(3)
				(a).
2. The program director shall identify one or
				more staff members qualified under s.
				DHS 40.09 (3) (a) to
				(e) to whom authority may be delegated in the
				absence of the clinical coordinator. The clinical coordinator or designee shall
				be on the premises at all times that youth are present at a
				program.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.11 - Referral and Screening

Current through June 24, 2024
(1) POLICIES.
(a) The program director or clinical
				coordinator or designee shall review all referrals and verify the medical
				necessity and clinical appropriateness for day treatment services for the
				referred youth.
(b) A program shall
				establish written selection criteria for use when screening an applicant for
				admission, including all of the following:
1.
				Sources from which referrals may be accepted by the program and how those
				sources make referrals.
2.
				Procedures for making admission decisions.
3. Any funding restrictions which will be
				applied to admissions such as availability of insurance, required support for
				the placement from other agencies or the youth or legal representatives ability
				to pay.
4. Any client
				characteristics for which the program has been specifically designed, including
				the nature or severity of disorders, including co-occurring disorders, which
				can be managed within the program, type of needs that can be addressed, whether
				male or female youth, or both, may be admitted, and the length of time that
				services may be provided to a youth.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.12 - Admission

Current through June 24, 2024
(1) CRITERIA FOR ADMISSION. All of the
				following are required for a program to admit a youth:
(a) The youth has a psychiatric diagnosis of
				mental illness.
(b) The youth is
				unable to obtain sufficient benefit from a less restrictive treatment
				program.
(c) The youth is
				reasonably likely to benefit from the services being offered by the
				program.
(d) The youth is
				experiencing one or more of the following:
1.
				Significant dysfunction in 2 or more of the basic domains of life and that
				require the services offered by the program in order to acquire or restore the
				skills necessary to perform adequately in those areas.
2. Need for a period of transition from a
				hospital, residential treatment center or other institutional setting as part
				of the process of returning to live in the community.
3. A period of acute crisis or other severe
				stress, so that without the level of services provided by the program, there is
				a high risk of hospitalization or other institutional placement.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.13 - Assessment

Current through June 24, 2024
(1) INTERDISCIPLINARY TREATMENT TEAM.
(a) Within 5 working days following the
				decision to admit a youth into the program, the care coordinator shall assemble
				an interdisciplinary treatment team to begin an assessment of the strengths,
				needs, and current status of the youth.
(b) The team shall include all of the
				following:
1. The youth, to the extent
				appropriate to his or her age, maturity and clinical condition, if available
				and willing to participate.
2. The
				youth's legal representative.
3.
				The youth's care coordinator.
4.
				The program's clinical coordinator.
(c) The youth or legal representative shall
				be asked to participate in identifying additional members of the
				interdisciplinary team. With consent of the youth or legal representative,
				reasonable efforts should be made to include all of the following:
1. An occupational therapist or a registered
				nurse, based on youth needs identified in the screening summary.
2. An educational professional from the
				youth's school.
3. Representatives
				of any other profession or agency necessary in order to adequately and
				appropriately respond to the treatment needs of the youth which were identified
				in the referral materials or the intake screening process.
4. Family members who are involved in the
				life of the youth.
5. If the youth
				has been placed under the supervision of a county department, the social worker
				who has been assigned to the case.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 40 - Mental Health Day Treatment For Youth › Section DHS 40.14 - Treatment Plan

Current through June 24, 2024
(1) TREATMENT PLAN.
(a) The interdisciplinary treatment team
				shall prepare a written treatment plan for a youth based upon the written
				assessment under s.
				DHS 40.13
				(2) within 15 calendar days after admission.
				The treatment plan shall describe measurable objectives that will be met and
				services that will be provided to the youth.
(b) The written treatment plan shall include
				all of the following:
1. The youth's
				strengths, treatment strategies, and measurable outcomes to be
				accomplished.
2. Clinical and
				support services to reduce or eliminate the symptoms causing the youth's
				problems or inability to function in day to day living, and to increase the
				youth's ability to function as independently as possible.
3. The schedules, frequency, nature of
				services recommended to support the achievement of the youth's goals,
				irrespective of the availability of services or funding, and the responsible
				party for that intervention.
4. The
				proposed length of time the youth will participate in the program and the
				amount of time that the youth will attend the program each week.
5. The involvement of a youth's legal
				representative with the program and any services that a legal representative
				will participate in while the youth is in the program.
6. A summary of other services the youth will
				receive while enrolled in the program, including educational services, other
				services that the program will be providing for the youth, and services and
				supports that will be provided by other agencies or providers and the process
				by which those educational and other services will be coordinated with services
				provided by the program.
6m. If any
				part of the services will be delivered via telehealth, a description of those
				services and clinical justification for delivering services via telehealth
				rather than in person.
7. The
				procedure for monitoring and managing any risk of suicide if the assessment
				identified risks.
8. Any medication
				the youth is receiving, the name of the physician prescribing the medication,
				the dosages prescribed, the purpose for which it is prescribed, the frequency
				of administration, a plan for monitoring its administration and effects by the
				physician, and a plan for care coordination with a psychiatrist or advanced
				practice nurse prescriber.
9. A
				transition services component that establishes when a transition process should
				begin, the staff member responsible for supporting transition services, and a
				process for the reintegration of the youth who is completing the program into
				family, community and school activities.
(c) The treatment plan shall be signed by the
				youth or legal representative and the clinical coordinator. With informed
				consent, a service provider who is part of the treatment plan may also review
				and sign the treatment plan.