Wisconsin Administrative Code

DHS 66.01 Introduction. (1) AUTHORITY AND PURThis chapter implements the alcohol or other drug abuse (AODA) treatment alternative program (TAP) under s. 46.65, Stats., for persons referred from the criminal justice system. The program consists of grants made by the department to …

DHS 66.02 Definitions. In this chapter: (1) XAdmissionY means that a potential client has undergone an assessment and has been found appropriate to participate in TAP. (2) XAlcohol abuseY means the use of alcohol for non-medical purposes in a manner which interferes with one or m…

DHS 66.03 Application for a grant. (1) ELIGIBILITY. To be eligible for a TAP grant an agency shall be certified to operate one or more AODA programs under ch. DHS 75 and shall be one of the following: (a) A county department of community programs established under s. 51.42, Stats…

DHS 66.04 Organization and administration. Each TAP agency shall, within 6 weeks after being notified that it has been awarded a grant, provide the department with the following documents: (1) Articles of incorporation or written assurances from the parent agency or organization,…

DHS 66.05 Agreements and communication. (1) TAP AGENCY AND CRIMINAL JUSTICE SYSTEM. Each TAP agency shall negotiate a written agreement with local criminal justice system components to assure the effective and accountable operation of the local TAP and maintain necessary communic…

DHS 66.06 Eligibility for treatment. Any person is eligible for treatment if he or she: (1) Is involved with the criminal justice system as evidenced by a formal charge or diversion agreement; is charged with or convicted of a misdemeanor or a felony; or is currently or has previ…

DHS 66.07 Early identification of potential clients. To assure the earliest possible identification and screening of potential TAP clients within the criminal justice system, each TAP agency shall develop: (1) Written procedures for the initial screening of potential TAP clients,…

DHS 66.08 Assessment and referral for treatment and monitoring. (1) ASSESSMENT. Each TAP agency shall have a standardized assessment process for persons referred from the criminal justice system to ensure that all eligibility criteria are met and that a person who is referred for…

DHS 66.09 Staff training. Each TAP agency shall: (1) Ensure that all staff understand the TAP agency mission, philosophy and operating procedures; (2) Have a written master plan for staff training that identifies training goals and specifies training procedures and schedules; (3)…

DHS 66.10 Data collection. (1) Upon request of the department, each TAP agency shall submit the following program information to the department on forms provided by the department: 4 (a) The number of potential clients identified and referred to the TAP agency from each cooperati…

DHS 68.01 Introduction. (1) AUTHORITY AND PURThis chapter is promulgated pursuant to ss. 46.87 and 227.11 (2) (a), Stats., section 3023 (28m) of 1985 Wis. Act 29, and 2015 Wis. Act 273 to establish procedures and criteria for distributing funds for the provision of service paymen…

DHS 68.02 Definitions. In this chapter: (1) “Administering agency” means any of the following: (a) The county agency selected by the county board under s. 46.87 (3) (c), Stats. (b) The agency selected by a tribal government under s. 46.87 (3) (d), Stats. (c) A private nonprofit o…

DHS 68.03 Allocation of funds. Each administering agency shall receive no less than $5,000 per year in funds available under s. 20.435 (7) (b) and (o), Stats. History: Cr. Register, March, 1989, No. 399, eff. 4-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, …

DHS 68.04 Selection and reporting responsibilities of administering agencies. (1) ADMINISTRATION BY COUNTY AGENCY OR TRIBE. (a) Letter of intent. A county board or tribal government may apply to serve as the administering agency by submitting to the department an initial letter o…

DHS 68.05 Program budget requirement; county, tribal, or nonprofit agency. (1) An administering agency shall annually prepare a budget for the program and shall submit the budget to the department each year by November 30. This budget shall be part of either the proposed budget r…

DHS 68.06 Allowable use of funds. (1) PURPOSES. As permitted by s. 46.87 (5), Stats., the administering agency may use allocated funds for any of the following purposes: (a) To pay for the cost of goods and services provided to or purchased for or by households and for limited tr…

DHS 68.07 Client eligibility. In accordance with s. 46.87 (5), Stats., the administering agency of each county or tribe shall determine the eligibility of each household that applies to participate in that county or tribe’s program by establishing that the household or person mee…

DHS 68.08 Determination of need. The amount paid or expended for each person diagnosed with dementia may not exceed $4,000 in any calendar year. For the purpose of calculating the funds to be paid to or expended for a household or indi- 4 vidual participating in the program, the …

DHS 68.09 Method of payment. The payment by an administering agency for goods and services shall be made using one or more of the following methods: (1) Payment made to a service provider on behalf of the person with dementia or the person’s caregiver. (2) Payment made to a servi…

DHS 68.10 Hearing. (1) JURISDICTION. Any household or individual participating in the program or caregiver may appeal the following actions by an administering agency: (a) Denial of an application to participate in a program. (b) The calculation of funds to be paid to or expended…

DHS 68.11 Exceptions to requirements. The department may grant an exception to an administering agency of any requirement made of the administering agency under this chapter, except a requirement under s. DHS 68.03 or 68.10 (2), if the department is convinced that an alternative …

DHS 72.01 Authority and purpose. This chapter is promulgated under ss. 46.482 (2) and (3), 49.45 (10) and (30j) (b), 49.471 (12), 51.04, 51.61, and 227.11 (2) (a), Stats., to establish certification criteria for reimbursement under the medical assistance program for all of the fo…

DHS 72.02 Applicability. This chapter shall apply to all of the following seeking reimbursement under the medical assistance program for recovery support services: (1) A publicly or privately operated facility, clinic, or organization providing peer recovery support services, coo…

DHS 72.03 Definitions. In this chapter: (1) XBehavioral healthY means the spectrum encompassing mental health and substance use disorders occurring either independently or simultaneously. (2) XCertificationY means the approval of the service by the department[s division of qualit…

DHS 72.04 Peer recovery support services. (1) Peer recovery coaches may provide peer recovery support services in accordance with this subchapter to individuals with mental health or substance use challenges in any of the following: (a) Substance use overdose treatment program ce…

DHS 72.05 Training, orientation, and continuing education requirements. (1) GENERAL REQUIREMENTS. Training, orientation, and continuing education is required for all peer recovery coaches. All programs covered under s. DHS 72.04 (1) are required to provide orientation to peer rec…

DHS 72.06 Supervision of peer recovery coaches. (1) GENERAL SUPERVISION REQUIREMENT. A peer recovery coach shall provide peer recovery support services under the supervision of a competent mental health professional. Supervision may be provided in an individual session between th…

DHS 72.07 Documentation. Peer recovery coaches must document all peer recovery support services delivered by retaining all of the following records: (1) Service provider notes. (2) Documentation of the participant[s progress toward goals and changes to treatment plan. (3) Dischar…

DHS 72.08 Exemption. The certification requirements in this subchapter shall not apply to any of the following: (1) An emergency mental health service program certified under ch. DHS 34. (2) An outpatient mental health clinic certified under ch. DHS 35. (3) A comprehensive commun…

DHS 72.085 Application requirements and policies. DHS 72.09 Program statement. DHS 72.10 Required policies and procedures. DHS 72.11 General qualifications. DHS 72.12 Orientation, training, and continuing education. DHS 72.13 Participant rights. DHS 72.14 Participant service reco…

DHS 72.09 Program statement. A substance use overdose treatment program shall complete a statement that describes the treatment and services provided by the program. The program statement must include all of the following: (1) A description of the substance use overdose treatment…

DHS 72.10 Required policies and procedures. A substance use overdose treatment program certified under this chapter shall have written personnel policies and procedures that describe all of the following: (1) Clinical assessment and treatment planning procedures. (2) Care coordin…

DHS 72.11 General qualifications. (1) Supervisors and staff licensed or certified by the department of safety and professional services to provide behavioral health services must follow the current scope of practice established by applicable rules. (2) Each staff member shall hav…

DHS 72.12 Orientation, training, and continuing education. All personnel must receive relevant orientation, training, and education. The substance use overdose treatment program shall have a designee who is responsible for informing the staff of all expected orientation, on-going…

DHS 72.13 Participant rights. (1) The substance use overdose treatment program shall comply with the participant rights and grievance resolution procedures in s. 51.61, Stats., and ch. DHS 94. (2) The substance use overdose treatment program administrator shall ensure that the pa…

DHS 72.14 Participant service records. (1) The substance use overdose treatment program shall maintain in a central location a service record for each participant. Each record shall include sufficient information to demonstrate that the program has an accurate understanding of th…

DHS 72.15 Discharge summary. Within 30 days after a participant[s date of discharge the substance use overdose treatment program shall prepare a discharge summary and enter it into the participant file. The discharge summary shall be signed and dated by a competent mental health …

DHS 73.01 Authority and purpose. This chapter is promulgated under the authority of ss. 46.277 (5) (d) 1n. b. and (5r), and 227.11 (2) (a), Stats., to establish certain standards and procedures related to assessments, case plans, service agreements, participant payment of service…

DHS 73.02 Applicability. This chapter applies to county departments and private non-profit agencies with which the department contracts to provide home and community-based services through a medical assistance waiver, and to vendors providing assessments, case plans or supportive…

DHS 73.03 Definitions. In this chapter: (1) XAssessmentY means a process for determining a person[s functional abilities and disabilities and the person[s need for and preferences in regard to medical and social long-term community support services. (2) XCase managerY means an em…

DHS 73.04 Assessment and case plan. (1) ASSESSMENT. Within the limits of state and federal funds, a county department shall carry out an assessment of any person residing in a nursing home who wants to be assessed for eligibility to receive support services within the community r…

DHS 73.06 Development of service agreements. (1) REQUIREMENT FOR NEGOTIATED AGREEMENT. Except when a county department expects services to be provided for less than 30 days, after an assessment and case plan have been completed and within 2 weeks after the initiation of service b…

DHS 73.08 Supervisory review of payment decisions. (1) The county department shall develop and implement written procedures for supervisory review of staff decisions regarding the competence of a participant to receive funds to pay a service provider and appropriateness of the le…

DHS 73.09 Documentation that services have been provided. (1) If a participant or the participant[s representative employs a service provider, the county department shall verify the type and amount of service for which reimbursement is sought. A verification form developed and av…

DHS 73.10 Individual hardship exceptions to limits on funding for CBRF care. (1) LIMITATION ON FUNDING. Each county shall annually establish limits on spending for services for persons who reside in CBRFs from the allocations received under s. 46.277 (5), Stats., for community lo…

DHS 73.11 Criteria for determination of the infeasibility of in-home services. (1) A county may use long-term support funds under s. 46.277, Stats., to provide services to a person residing in a CBRF if the county department or aging unit has determined that all 5 conditions unde…

DHS 75.01 Authority and purpose. This chapter is promulgated under the authority of ss. 46.973 (2) (c), 51.42 (7) (b), 51.4224, and 51.45 (8) and (9), Stats., to establish standards for community substance use prevention and treatment services under ss. 51.42 and 51.45, Stats. Se…