reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 12 - Caregiver Background Checks › Subchapter II - Background Checks › Section DHS 12.05 - Sanctions

Current through June 24, 2024
(1) SANCTIONABLE ENTITY ACTIONS. An entity
				  that commits any of the following acts may be subject to any of the sanctions
				  specified in sub. (2):
(a) Hires, employs, or
				  contracts with a caregiver, or permits to reside at an entity a nonclient
				  resident, where the entity knows or should have known the caregiver or
				  nonclient resident is barred under s.
				  48.685(4m)
				  (b) or
				  50.065(4m)
				  (b), Stats.
(b) Violates any provision of initial
				  background information gathering or periodic background information gathering
				  required by s.
				  48.685
				  or
				  50.065,
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 12 - Caregiver Background Checks › Subchapter II - Background Checks › Section DHS 12.06 - Determining whether an offense is substantially related to client care

Current through June 24, 2024
To determine whether a crime or a delinquency adjudication
					 under s.
					 48.685(5m)
					 or
					 50.065(5m),
					 Stats., is substantially related to the care of a client, the agency or entity
					 may consider all of the following:
(1)
				  In relation to the job, any of the following:
(a) The nature and scope of the job's client
				  contact.
(b) The nature and scope
				  of the job's discretionary authority and degree of independence in judgment
				  relating to decisions or actions that affect the care of clients.
(c) The opportunity the job presents for
				  committing similar offenses.
(d)
				  The extent to which acceptable job performance requires the trust and
				  confidence of clients or a client's parent or guardian.
(e) The amount and type of supervision
				  received in the job.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 12 - Caregiver Background Checks › Subchapter II - Background Checks › Section DHS 12.07 - Reporting background changes and nonclient residency

Current through June 24, 2024
(1) An entity shall
				  include in its personnel or operating policies a provision that requires
				  caregivers to notify the entity as soon as possible, but no later than the
				  person's next working day, when any of the following occurs.
(a) The person has been convicted of any
				  crime.
(b) The person has been or
				  is being investigated by any governmental agency for any other act, offense, or
				  omission, including an investigation related to the abuse or neglect, or threat
				  of abuse or neglect, to a child or other client, or an investigation related to
				  misappropriation of a client's property.
(c) The person has a governmental finding
				  substantiated against them of abuse or neglect of a client or of
				  misappropriation of a client's property.
(d) In the case of a position for which the
				  person must be credentialed by the department of safety and professional
				  services, the person has been denied a license, or the person's license has
				  been restricted or otherwise limited.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 12 - Caregiver Background Checks › Subchapter II - Background Checks › Section DHS 12.08 - Armed forces background searches

Current through June 24, 2024
If a person who is the subject of a background search under
					 s.
					 48.685
					 or
					 50.065,
					 Stats., served in a branch of the U.S. armed forces, including any reserve
					 component, within the last 3 years, the agency or entity shall make a good
					 faith effort to obtain the discharge status of that person, either from the
					 discharge papers issued to the person or from the armed forces branch in which
					 the person served. If the discharge status is other than honorable, the agency
					 or entity shall obtain information on the nature and circumstances of the
					 discharge.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 12 - Caregiver Background Checks › Subchapter II - Background Checks › Section DHS 12.09 - Transmittal of background check information

Current through June 24, 2024
(1)  When an entity
				  sends a required background information disclosure form to the department under
				  s.
				  48.685(3)
				  (a), Stats., the entity shall include in the
				  transmittal all the following:
(a) Any reason
				  for denial or revocation of a license or denial of an adoption
				  application.
(b) The date of the
				  license denial or revocation or adoption application denial.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 12 - Caregiver Background Checks › Subchapter II - Background Checks › Section DHS 12.10 - Maintaining confidentiality of background information disclosure forms

Current through June 24, 2024
Agencies and entities shall retain all required completed
					 department background information forms in a manner that ensures prompt
					 retrieval of the forms for inspection and shall comply with applicable federal
					 and state confidentiality laws.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 12 - Caregiver Background Checks › Subchapter II - Background Checks › Section DHS 12.11 - Supervision pending receipt of caregiver background checks

Current through June 24, 2024
Entity supervision required under ss.
					 48.685(4m)
					 (c) and
					 50.065(4m)
					 (c), Stats., shall include at a minimum
					 periodic direct observation of the person.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 12 - Caregiver Background Checks › Subchapter III - Rehabilitation Review › Section DHS 12.12 - Rehabilitation process for persons who have committed certain offenses

Current through June 24, 2024
(1) GENERAL
				  PROVISIONS.
(a) An agency shall conduct
				  rehabilitation reviews as described in this section for persons who are
				  eligible to receive rehabilitation review under this section for any of the
				  following:
1. Entities the agency
				  regulates.
2. Persons an entity
				  employs.
3. Persons an entity
				  contracts with.
4. Nonclient
				  residents of an entity.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 13 - Reporting And Investigation Of Caregiver Misconduct › Section DHS 13.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				  146.40(4g)
				  and (4r) and
				  227.11(2),
				  Stats., to protect clients served in specified department-regulated programs by
				  establishing a process for reporting allegations of abuse or neglect of a
				  client or misappropriation of client's property to the department, establishing
				  a process for the investigation of those allegations and establishing the due
				  process rights of persons who are subjects of the
				  investigations.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 13 - Reporting And Investigation Of Caregiver Misconduct › Section DHS 13.02 - Applicability

Current through June 24, 2024
This chapter applies to the department, to all specified
				  department-licensed, certified, approved or registered entities and to all
				  persons employed by or under contract with an entity and who have access to the
				  entity's clients and who are under the entity's control
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 13 - Reporting And Investigation Of Caregiver Misconduct › Section DHS 13.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
(a) "Abuse" means any of the following:
1. An act or repeated acts by a caregiver or
				nonclient resident, including but not limited to restraint, isolation or
				confinement, that, when contrary to the entity's policies and procedures, not a
				part of the client's treatment plan and done intentionally to cause harm, does
				any of the following:
a. Causes or could
				reasonably be expected to cause pain or injury to a client or the death of a
				client, and the act does not constitute self-defense as defined in s.
				939.48,
				Stats.
b. Substantially disregards
				a client's rights under ch. 50 or 51, Stats., or a caregiver's duties and
				obligations to a client.
c. Causes
				or could reasonably be expected to cause mental or emotional damage to a
				client, including harm to the client's psychological or intellectual
				functioning that is exhibited by anxiety, depression, withdrawal, regression,
				outward aggressive behavior, agitation, or a fear of harm or death, or a
				combination of these behaviors. This subdivision does not apply to permissible
				restraint, isolation, or confinement implemented by order of a court or as
				permitted by statute.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 13 - Reporting And Investigation Of Caregiver Misconduct › Section DHS 13.04 - Caregiver misconduct registry

Current through June 24, 2024
(1) ESTABLISHMENT
				AND MAINTENANCE. The department shall establish and maintain a database of
				caregivers as an official record of persons found to have abused or neglected a
				client or misappropriated a client's property under the requirements of this
				chapter. The database shall contain the following lists:
(a)
Nurse aides.
A list of
				all nurse aides who have been found under s.
				DHS 13.05(6)
				or (7) to have abused or neglected a client
				or misappropriated a client's property and to whom any of the following
				applies:
1. The nurse aide waives a hearing
				to contest the listing of the finding in the registry or fails to file a timely
				request for a hearing under s.
				DHS 13.05(7)
				(b) after receipt of the department's notice
				of the department's intent to enter its findings about the nurse aide in the
				registry.
2. The hearing officer
				under s.
				DHS 13.05(7)
				(d) 6. finds reasonable cause to believe that
				the nurse aide abused or neglected a client or misappropriated a client's
				property.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 13 - Reporting And Investigation Of Caregiver Misconduct › Section DHS 13.05 - Allegations of caregiver misconduct

Current through June 24, 2024
(1) DEFINITIONS. In
				this section:
(a) "Community-based residential
				facility" has the meaning given in s.
				50.01 (1g),
				Stats.
(b) "Home health agency" has
				the meaning given in s.
				50.49 (1) (a),
				Stats.
(c) "Nursing home" has the
				meaning given in s. 50.01 (3),
				Stats.
(d) "Report" means any
				allegation of misconduct that has been filed, either orally or in writing, and
				includes any similar additional allegations that are discovered during the
				course of an investigation.
(e)
				"Reporter" means the person or entity who files a report with the
				department.
(f) "Subject of the
				report" means the person against whom an allegation of misconduct is made or,
				when an attorney files a written notice of appearance in the matter, the
				attorney representing the person.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 15 - Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For Individuals With Intellectual Disabilities › Section DHS 15.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				  50.14(5)
				  (b), Stats., to establish procedures and
				  other requirements necessary for levying and collecting the monthly assessment
				  imposed under s.
				  50.14(2),
				  Stats., on all licensed beds in intermediate care facilities for individuals
				  with intellectual disabilities (ICF-IID) and nursing homes, except facilities
				  that are located outside the state.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 15 - Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For Individuals With Intellectual Disabilities › Section DHS 15.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Assessment" means a tax that is determined, levied, collected and paid
				according to this chapter and s.
				50.14,
				Stats., including any applicable interest and penalties.
(3) "Department" means the Wisconsin
				department of health services.
(4)
				"Facility" means an ICF-IID or nursing home.
(5) "ICF-IID" or "intermediate care facility
				for individuals with intellectual disabilities" means a facility or distinct
				part of a facility defined under
				42 USC
				1396d(d) and regulated under
				ch. DHS 134.
(7) "Nursing home" has
				the meaning prescribed under s.
				50.01(3),
				Stats., except that it does not include an ICF-IID.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 15 - Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For Individuals With Intellectual Disabilities › Section DHS 15.03 - Facilities not subject to assessment

Current through June 24, 2024
Facilities located outside the state are excluded from
				  assessments imposed under this chapter and s.
				  50.14,
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 15 - Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For Individuals With Intellectual Disabilities › Section DHS 15.04 - Assessment calculation

Current through June 24, 2024
(1) ASSESSMENT. Every facility that is not
				excluded under s.
				DHS
				15.03 shall pay an assessment per licensed bed as
				prescribed by s.
				50.14,
				Stats., and as calculated pursuant to this section and s.
				50.14,
				Stats. The amounts of the assessment per licensed bed shall be as specified by
				s.
				50.14,
				Stats.
(2) CALCULATION.
(a) The assessment shall be on the number of
				licensed beds of the facility on the 15th day of the calendar month previous to
				the month of assessment, as verified by the department.
(b)
1. In
				determining the number of licensed beds, if the number of beds is other than a
				whole number, the fractional part of the amount shall be disregarded unless it
				equals 50% or more of a whole number, in which case the amount shall be
				increased to the next whole number.
2. The number of licensed beds of a nursing
				home includes any number of beds that have been delicensed under s.
				49.45(6m)
				(ap) 1, Stats., but not deducted from the
				nursing home's licensed bed capacity under s.
				49.45(6m)
				(ap) 4 a., Stats.
(c) In a facility having some beds that are
				licensed as ICF-IID beds and some beds that are licensed as nursing home beds,
				separate calculations shall be performed for the ICF-IID beds and for the
				nursing home beds.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 15 - Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For Individuals With Intellectual Disabilities › Section DHS 15.05 - Deficiency and refund determinations

Current through June 24, 2024
The department may conduct office or field audits or both to
				  determine any assessment or refund due. The department and facilities under
				  this chapter have authority and obligations in the same manner described in s.
				  77.59(1)
				  to (5), (6) (intro.), (a) and (c) and (7) to
				  (10), Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 15 - Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For Individuals With Intellectual Disabilities › Section DHS 15.06 - Interest and penalties

Current through June 24, 2024
Assessments are subject to interest and penalties in the same
				  manner and amounts described in s.
				  77.60(1) to (7), (9) and
				  (10), Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 15 - Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For Individuals With Intellectual Disabilities › Section DHS 15.07 - Administration and due dates

Current through June 24, 2024
(1) A facility
				shall provide the department with the data necessary for the calculation of the
				assessment on forms prescribed by the department, shall retain records
				supporting that data, and shall tender payment for the assessment in accordance
				with instructions issued by the department. In administering this system, the
				department and facilities shall have powers and obligations in the same manner
				described in s.
				77.61(9) and (12) to
				(14), Stats.
(2) The department shall mail the required
				assessment forms to each subject facility during the first 5 working days
				following the assessment month. The completed forms and payment shall be
				submitted by the facility on a timely basis. The completed forms and payment
				shall be considered timely only if the envelope containing them is properly
				addressed, has postage duly prepaid, is postmarked no later than the last day
				of the calendar month following the assessment month, and is actually received
				by the department within 5 calendar days after the last day of the calendar
				month.
(3) If the department
				determines that a facility's number of licensed beds has changed, the
				department shall notify the facility of changes in the number of beds and
				assessment and shall send the facility an invoice for the additional amount due
				or send the facility a refund. Any additional amount due shall be paid by the
				facility no later than 30 days following the date of the department's
				notice.
(4) A facility shall notify
				the department of a change in ownership, transfer of license, change in number
				of licensed beds, address change and any other information pertinent to the
				facility's assessment on a form provided by the department. Notification of
				change shall be included with the first assessment payment made following the
				change.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 15 - Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For Individuals With Intellectual Disabilities › Section DHS 15.08 - Collection of delinquent assessments

Current through June 24, 2024
The department may collect delinquent assessment payments in
				  a manner comparable to that described in s.
				  77.62,
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 15 - Assessment For Occupied Beds In Nursing Homes And Intermediate Care Facilities For Individuals With Intellectual Disabilities › Section DHS 15.09 - Appeals

Current through June 24, 2024
If a facility contests any action of the department under
				  this chapter or s.
				  50.14,
				  Stats., the facility may submit a request for hearing to the department of
				  administrations division of hearings and appeals. The request for hearing shall
				  be in writing and shall contain a brief and plain statement identifying every
				  matter or issue contested. The request for hearing shall be sent to the
				  department of administration's division of hearings and appeals so that it is
				  received there no later than 30 days after the date of the department's action.
				  A final hearing decision shall be subject to judicial review as the facility of
				  the obligation to pay a disputed assessment within the prescribed
				  deadline.
A request for a hearing should be sent to the Division of
					 Hearings and Appeals, P.O. Box 7875, Madison, WI 53707.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.01 - Authority

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				  1.11
				  and
				  227.11(2),
				  Stats., to implement the Wisconsin environmental policy act, s.
				  1.11,
				  Stats., insofar as proposed major actions of the department may significantly
				  affect the quality of the environment of human beings. The chapter provides for
				  a process of agency decisionmaking in public which depends on, although it is
				  not necessarily determined by, thorough, objective analysis of the effects of a
				  proposed action on the environment and of alternatives to such an
				  action.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.02 - Applicability

Current through June 24, 2024
The criteria, procedures, and other parts of this chapter
				  apply to all staff of the department and to all proposed actions of the
				  department which may significantly affect the quality of the environment of
				  human beings.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.03 - Purpose

Current through June 24, 2024
These rules are to:
(1) Provide principles, objectives,
				definitions, criteria, and procedures to be used by the department to implement
				s.
				1.11,
				Stats. Implementation includes identification and evaluation of proposed
				actions; study, development, and description of alternatives for those proposed
				actions that involve unresolved conflicts in the use of available resources;
				and preparation and review of environmental assessments and environmental
				impact statements;
(2) Ensure that
				high-quality environmental information, deriving from sound analysis of the
				likely consequences for the environment of major actions and from the
				development of alternatives, is available to department managers and citizens
				before decisions are made;
(3)
				Ensure that department staff who make decisions or contribute to decisions
				understand and consider potential environmental consequences of proposed
				actions and attempt to minimize the adverse consequences of these actions;
				and
(4) Facilitate public scrutiny
				and understanding of proposed actions of the department that may significantly
				affect the quality of the human environment.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.05 - Types of actions

Current through June 24, 2024
The department has grouped its actions into 3 types to
				  facilitate its determination of need for an EIS.
(1) TYPE I ACTIONS. A type I action will
				always require an EIS. Construction of a new residential institution of 65 or
				more beds at a location where there was not previously a department-operated
				institution is a type I action.
(2)
				TYPE II ACTIONS. A type II action may or may not require an EIS, depending on
				the significance of the action. All of these actions shall be evaluated by
				means of an environmental assessment (EA). In the EA, the department shall
				study, develop and describe appropriate alternatives to the proposed action.
(a)
Facilities development.
1. Construction of a new residential
				institution of fewer than 65 beds at a location where there was not previously
				a department-operated institution.
2. Construction at an existing
				department-operated institution of a new or replacement building or other
				structure or the addition to or change in the exterior physical design of a
				building or other structure, the cost of which is the same as or more than the
				limit where approval of the building commission is required pursuant to s.
				13.48(10),
				Stats.
3. Acquisition or
				modification of an existing building to serve as a community residential
				facility for clients.
4.
				Modification of a building at an existing department-operated institution to
				serve a different program and population.
5. Changes in land use at institutions
				operated by the department to include but not be limited to construction of
				athletic fields, roads, parking facilities, bridges, and walls or
				fences.
6. Construction of a
				planned lake or pond development or renewal of an existing pond
				development.
7. Development of new
				sanitary land fill and solid waste disposal sites, and closing of existing
				sites.
8. Sale of an
				institution.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.06 - Determination of need for an EIS

Current through June 24, 2024
(1) During the
				early planning of an action, the department shall determine the need or
				desirability of preparing an EIS on the proposed action, in accordance with ss.
				DHS
				18.05 and
				18.07.
(2) The department shall prepare an EIS for
				all type I actions, and for all type II actions which are found to
				significantly affect the environment of human beings.
(3) The department may prepare an EIS on any
				other action at any time to assist planning and decisionmaking for the
				action.
(4) If the department
				decides to prepare an EIS, it does not need to prepare an EA.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.07 - Preparation of environmental assessment

Current through June 24, 2024
(1) Except as
				provided in s.
				DHS
				18.06(4), to determine whether a type
				II action is major and significantly affects the quality of the natural and
				physical environment of human beings, and to describe alternatives to that
				action, the department shall conduct an environmental assessment and shall
				prepare a reviewable record in the form of a concise report. This shall be done
				as early as possible in the planning process but, in any event, before
				contracts are signed if the action involves construction. The report shall
				include:
(a) A description of the proposed
				action, to include the purpose of the action and need for the action;
(b) A description of those elements of the
				environment of human beings which are affected by the proposed
				action;
(c) Identification and
				discussion of the most significant effects on the environment that can be
				reasonably foreseen if the proposed action is carried out. "Effects" are of 2
				types:
1. Primary effects are those on water,
				air, land, plants, animals, energy use, historic properties, wilderness,
				vistas, and tranquillity which is affected by noise, and on society and economy
				but only when these are inter-related with the foregoing resources.
2. Secondary effects are, in relation to
				primary effects, the foreclosure of future options, establishment of
				precedents, cumulative impacts when actions of the type are repeated,
				stimulation of indirect (later in time or at a distance) effects, conflicts
				with official plans of public agencies or with policies of governments at any
				level, and significant controversy that may be or is generated by the proposed
				action.
(d) A
				consideration of reasonable alternatives to the proposed action, including the
				alternative of no action, and the identification of the significant
				environmental effects of these alternatives when they differ from the
				anticipated impacts of the proposed action; and
(e) A list of agencies and persons consulted,
				with synopses of the comments and other pertinent information provided by these
				agencies and persons.
(f) A
				preliminary recommendation on the need for an EIS.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.08 - Preparation of environmental impact statement

Current through June 24, 2024
(1) SCOPING.
(a) As soon as possible after the decision to
				prepare an EIS, the department shall inform the public and affected or
				otherwise interested agencies that an EIS will be prepared and that the process
				of identifying impacts and alternatives to be analyzed in the EIS is
				beginning.
(b) The scoping process
				shall include, to the extent possible, affected federal, state and local
				agencies, any affected Indian tribe, and other interested persons. The process
				may consist of meetings, hearings, workshops, surveys, questionnaires,
				interagency committees, or other appropriate methods or activities, and may be
				integrated with other public participation requirements.
(c) The department shall use the scoping
				process to:
1. Determine the parameters of the
				EIS and the significant issues to be analyzed in depth in the EIS;
				and
2. Identify and eliminate from
				detailed study the issues which are not significant or which have been covered
				by prior environmental impact analyses. This will permit limiting the
				discussion of these issues in the EIS to a brief presentation about why they
				are not significant for the human environment or to references to other
				documents in which these issues are discussed.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.09 - Review of the DEIS

Current through June 24, 2024
(1) SPECIFIED DISTRIBUTION. Copies of the
				DEIS shall be distributed to:
(a) The
				governor's office.
(b) The
				department of natural resources and other state, federal, and local government
				agencies having special expertise, interest or jurisdiction.
(c) Regional and county planning agencies
				located within the proposed project or action area.
(d) Regional offices of the department
				covering the area of the proposed project or action and the department's
				central office in Madison.
(e)
				Appropriate public libraries:
1. For proposed
				actions affecting a local area, the nearest public library.
2. For projects of regional importance,
				public libraries with a geographic distribution which permits public access
				without undue travel.
3. For
				projects having statewide significance, public libraries providing reasonable
				access for individuals who could be affected by the proposed action.
(f) The county clerk, city clerk
				or town clerk for proposed actions affecting a local area.
(g) Any individual or group requesting a
				copy.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.10 - Conversion of DEIS to FEIS

Current through June 24, 2024
After weighing the testimony received at the public hearing
				  on the DEIS, and undertaking whatever further investigation in response to that
				  testimony seems necessary, the department may convert a DEIS to an FEIS. This
				  may be accomplished by replacing the cover sheet, modifying the statement as
				  judged appropriate to reflect information received at public hearing or while
				  the hearing record was kept open, and by adding an appendix which records and
				  responds to information, concerns, views, arguments, and suggestions received
				  at the hearing and while the hearing record was kept open.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.11 - Review of the FEIS

Current through June 24, 2024
(1) DISTRIBUTION. The FEIS shall be
				distributed in the same manner as the DEIS in s.
				DHS
				18.09(1), and shall also be
				distributed to any person, organization or agency that submitted comments on
				the DEIS.
(2) NOTICE OF
				AVAILABILITY. The availability of the FEIS shall be announced through a notice
				similar to the notice of availability of the DEIS in s.
				DHS
				18.09(2). That notice shall state
				whether the department will hold a public hearing on the FEIS, as permitted
				under sub. (3) (b). The department shall provide a copy of the FEIS to any
				individual or group requesting a copy.
(3) PERIOD FOR COMMENT.
(a) The department shall allow a minimum of
				45 days from the date the notice of availability of the FEIS is published,
				including a minimum of 7 days following a hearing held under par. (b), for
				receipt of written comments on the FEIS from state and federal agencies and the
				public.
(b) The department may hold
				a public hearing on the FEIS. That hearing shall be announced through the
				notice of availability of the FEIS which shall be published at least 25 days
				prior to the hearing in a newspaper circulated in the affected area or, for
				actions of statewide significance, in the official state newspaper.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.12 - Decision

Current through June 24, 2024
(1) REVIEW OF COMMENTS. After expiration of
				the comment period on the FEIS and following any contested case hearing on the
				adequacy of the FEIS, the department shall carefully review, summarize and
				weigh the comments received on the FEIS and on the proposed action and the
				decision following any contested case hearing before making a decision on the
				action.
(2) RECORD OF DECISION.
				After carefully reviewing the comments of interested parties on the FEIS, the
				department shall enter a final decision in writing on the proposed action,
				which shall be a clear, concise and public statement which discloses and
				explains the decision, identifies the alternatives considered in reaching it
				and the alternative or alternatives considered environmentally preferable, and
				states whether all practicable means to avoid or minimize environmental harm
				have been adopted and, if not, why not.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.13 - Supplements

Current through June 24, 2024
If it happens that after an FEIS has been prepared, the
				  public comment period has ended, and a decision has been made on the proposed
				  action, but before implementation of the action has proceeded very far, the
				  department substantially changes the proposed action in environmentally
				  significant ways, or if significant new circumstances arise or information is
				  developed relevant to environmental concerns and having a bearing on the
				  proposed action or its impacts, the department shall prepare a supplement to
				  the FEIS which shall be distributed and reviewed in the same manner as the FEIS
				  as provided in s.
				  DHS
				  18.11.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.14 - Equivalent processes

Current through June 24, 2024
(1) Where another state agency has concurrent
				responsibility with the department for a proposed type II action, a joint
				environmental assessment may be prepared with the other agency, or the
				environmental assessment prepared by the other agency may be accepted by the
				department provided that the assessment meets the requirements of this chapter,
				in which case the department's responsibility under WEPA has been
				met.
(2) Where a proposed action is
				found to require an EIS and another state agency is involved in the approval or
				decision, a joint EIS may be prepared with the other agency, or the EIS
				prepared by the other agency may be accepted by the department provided that
				the EIS meets the standards for an adequate statement under this chapter, in
				which case the department's responsibility under WEPA has been met.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 18 - Environmental policy implementation › Section DHS 18.15 - Responsibilities

Current through June 24, 2024
(1) SINGLE DEPARTMENT OFFICE.
(a) The department shall have one office in
				Madison that other agencies and the public may contact to find out about
				department procedures implementing WEPA and progress being made in preparation
				of particular WEPA documents, and to obtain copies of environmental impact
				statements, environmental assessment reports, the department's action typelist,
				the department's administrative rules for WEPA implementation, and the final
				written decision of the department on particular proposed actions for which an
				environmental impact statement was prepared.
(b) The single office of the department for
				WEPA-related matters shall also:
1. Maintain
				this chapter of administrative rules.
2. Arrange for department review and comment,
				if appropriate, on the environmental impact statements of other
				agencies.
3. Suggest and approve
				formats and forms for divisions to use in carrying out their responsibilities
				under sub. (2).
4. Train, keep
				updated, and advise appropriate division staff, including managers, about WEPA
				requirements and department procedures for implementation of WEPA.
5. At the request of the department
				secretary, review for adequacy or coordinate review for adequacy of any
				division-proposed environmental assessment report or environmental impact
				statement.
6. Ensure that copies of
				this chapter are maintained for public review at each of the department's
				regional offices and institutions.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 19 - Discretionary Enforcement Of Rules And Guidelines Against Small Businesses › Section DHS 19.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				  227.04(2m),
				  Stats., to describe the discretion the department may exercise in enforcement
				  actions against small businesses regulated by the department.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 19 - Discretionary Enforcement Of Rules And Guidelines Against Small Businesses › Section DHS 19.03 - Definitions

Current through June 24, 2024
(1)"Department" means the department of
				health services.
(2)"Small
				business" has the meaning given in s.
				227.04(1)
				(b), Stats.
Under s.
					 895.59,
					 Stats., and this chapter a small business does not include an entity as defined
					 in s.
					 48.685(1)
					 (b) or
					 50.065(1)
					 (c), Stats., which is subject to the
					 caregiver law.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 19 - Discretionary Enforcement Of Rules And Guidelines Against Small Businesses › Section DHS 19.04 - Use of discretion in enforcement

Current through June 24, 2024
(1) The department
				may waive or reduce a penalty otherwise applicable to a small business that
				voluntarily discloses an actual or potential violation of a department rule or
				guideline and requests a waiver or reduction as a small business, if the
				department is not prohibited under s.
				DHS
				19.05 from reducing or waiving the penalty.
(2) In exercising discretion under sub. (1),
				the department will follow the applicable department rule or guideline when
				taking an enforcement action against a small business, except that, on a
				case-by-case basis, the department may use discretion to reduce or waive a
				penalty based on consideration of the history of violations, the type of
				business, the severity of the violation and its impact on the public's health
				safety and welfare, state or federal statutory requirements for enforcement,
				and any other relevant factor.
(3)
(a) A reduction or waiver of any penalty may
				not be inconsistent with any requirements established by state or federal
				statute or regulation.
(b) In
				determining a reduction in a monetary penalty, the department may consider the
				small business's ability to pay.
Wisconsin Administrative Code › Department of Health Services › DHS 1-19 - Management and Technology and Strategic Finance › Chapter DHS 19 - Discretionary Enforcement Of Rules And Guidelines Against Small Businesses › Section DHS 19.05 - Limitations on the use of discretion

Current through June 24, 2024
The department may not exercise discretion under s.
				  DHS
				  19.04(1) in the enforcement of a rule
				  or guideline under any of the following circumstances:
(1) The department discovers the violation
				before the small business discloses the violation.
(2) The violation is disclosed after a
				department audit or inspection of the small business has been
				scheduled.
(3) The violation was
				identified as part of the monitoring or sampling requirements that are
				consistent with the requirements under an existing permit, certificate, or
				license.
(4) The violation results
				in a substantial economic advantage for the small business.
(5) The small business has repeatedly
				violated the same statute, rule or guideline.
(6) The violation may result in imminent
				endangerment to the environment or to public health or safety.
(7) A state or federal statute, federal
				regulation or department rule prohibits the department's exercise of
				discretion.
(8) The business is
				operating without a certificate, permit, or license.
(9) The business fails to provide the
				department with credible and verifiable information that it is a small
				business.
(10) The violation was
				willful.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 34 - Emergency Mental Health Service Programs › Subchapter I - General Provisions › Section DHS 34.01 - Authority, scope and purpose

Current through June 24, 2024
(1) This chapter is
				  promulgated under the authority of s.
				  51.42(7)
				  (b), Stats., to establish standards and
				  procedures for certification of county and multi-county emergency mental health
				  service programs. Section
				  51.42(1)
				  (b), Stats., requires every county to provide
				  emergency mental health services to persons within the county in need of those
				  services. The persons who need those services are persons who are experiencing
				  a mental health crisis or are in a situation likely to turn into a mental
				  health crisis if supportive services are not provided. A county may comply with
				  s.
				  51.42(1)
				  (b), Stats., by operating or contracting for
				  the operation of an emergency mental health program certified under this
				  subchapter and either subch. II or III of ch. DHS 34.
(2) This chapter applies to the department,
				  to counties that request certification or are certified to provide emergency
				  mental health services and to county-contracted agencies that request
				  certification or are certified to provide emergency mental health
				  services.
(3) This chapter relates
				  only to the certification of programs providing emergency mental health
				  services. It is not intended to regulate other mental health service programs
				  or other emergency service programs.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 34 - Emergency Mental Health Service Programs › Subchapter I - General Provisions › Section DHS 34.03 - Certification

Current through June 24, 2024
(1) APPLICATION.
(a) A county department seeking to have its
				  emergency mental health services program certified or recertified under this
				  chapter, or a private agency contracting with a county department to operate an
				  emergency mental health services program, shall submit a written application to
				  the department.
(b) The application
				  shall contain information and supporting documents required by the department.
Note:
For a copy of the application form,
					 write 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 34 - Emergency Mental Health Service Programs › Subchapter I - General Provisions › Section DHS 34.04 - Waivers

Current through June 24, 2024
(1) POLICY.
(a) Except as provided in par. (b), the
				  department may grant a waiver of any requirement in this chapter when the
				  department determines that granting the waiver would not diminish the
				  effectiveness of the services provided by the program, violate the purposes of
				  the program or adversely affect clients' health, safety or welfare, and one of
				  the following applies:
1. Strict enforcement
				  of a requirement would result in unreasonable hardship on the provider or on a
				  participant.
2. An alternative to a
				  rule, including a new concept, method, procedure or technique, new equipment,
				  new personnel qualifications or the implementation of a pilot project is in the
				  interests of better participant care or program management.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 34 - Emergency Mental Health Service Programs › Subchapter II - Standards for Basic Emergency Service Programs › Section DHS 34.10 - Applicability

Current through June 24, 2024
(1) A county may operate or contract for the
				  operation of a basic emergency mental health services program.
(2) A basic emergency mental health services
				  program 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 II - Standards for Basic Emergency Service Programs › Section DHS 34.11 - Standards

Current through June 24, 2024
(1) GENERAL. A basic emergency service mental
				  health program shall:
(a) Provide immediate
				  evaluation and mental health care to persons experiencing a mental health
				  crisis.
(b) Make emergency services
				  available within the county's mental health outpatient programs, mental health
				  inpatient program or mental health day treatment program and shared with the
				  other 2 programs.
(c) Be organized
				  with assigned responsibility, staff and resources so that it is a clearly
				  identifiable program.