Section DHS 35.08 - Certification process(1) INITIAL APPLICATION. Application to the department for initial outpatient mental health clinic certification shall be made to the department on a form provided by the department and shall include applicable fees, proof of malpractice and liability insurance for the clinic and each staff member who provides psychotherapy or who is a prescriber, and all of the information requested in the application. Additional offices do not require separate certification, but the clinic shall identify each office location and respond to any questions regarding each office in the application for initial certification. Note: Fees are set and periodically revised by the department's Division of Quality Assurance. Fees may vary based on a number of factors including the number of offices at which the clinic provides services.
Note: Application materials may be obtained from and submitted to the Behavioral Health Certification Section, Division of Quality Assurance, PO Box 2969, Madison, WI 53701-2969
(2) COMPLIANCE REVIEW. (a) Upon receipt of a complete initial application, department staff may conduct an on-site inspection of any office identified in the clinic application and may review any of the following information to determine if the clinic is in compliance with this chapter: 1. Statements made by the applicant or a staff member.3. On-site observations by a representative of the department.4. Reports by consumers regarding the clinic's operations.(b) The clinic shall make available for review by the department's designated representative all documentation necessary to establish whether the applicant and each of the applicant's offices is in compliance with the standards in this chapter, including written policies and procedures of the clinic, work schedules of staff members, credentials of staff members, consumer files and treatment records, information from grievances filed concerning the clinic, records of consumers who have been discharged, and evidence of contractual staffing.(c) The designated representative of the department shall preserve the confidentiality of all consumer information obtained during the certification process, to the extent required by ch. DHS 92 and 45 CFR Parts 160, 162 and 164 and other applicable state and federal statutes and regulations.(3) ISSUANCE OF CERTIFICATION. (a)Action on application. 1. Within 60 days after receiving a complete application for initial certification, the department shall grant the clinic initial certification or deny certification.2. If the department determines that a clinic applying for initial certification has a deficiency that is not a major deficiency as defined under s. DHS 35.03 (9m), the department may grant or deny certification to the clinic. If the department grants initial certification to a clinic with a deficiency, the department shall issue a notice of deficiency under s. DHS 35.11 (1m) (a).3. If the department determines that a clinic applying for initial certification has a major deficiency, the department shall issue a notice of deficiency under s. DHS 35.11 (1m) (a) and may deny initial certification, whichever is applicable.(b)Duration of certification.1. Certification remains valid until it is suspended or terminated by the department in accordance with s. DHS 35.11 (2)2. Certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with sub. (4).(4) BIENNIAL REPORT AND FEES. (a) Every 24 months, on a date determined by the department, the program shall submit a biennial report on the form provided by the department and shall submit payment of the certification continuation fees under s. 51.04, Stats.(b) The department shall send the certification continuation materials to the provider, which the provider is expected to complete and submit to the department according to the instructions provided(c) A certification shall be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.(5) DENIAL OF CERTIFICATION. The department may deny certification based on any major deficiency. A denial of certification shall be in writing and shall contain the reason for the denial and notice of opportunity for a hearing under s. DHS 35.11 (3).Wis. Admin. Code Department of Health Services DHS 35.08
CR 06-080: cr. Register May 2009 No. 641, eff. 6-1-09.Amended by, CR 22-078: renum. (1) (a) to (1) and am., r. (1) (b), am. (2) (a) (intro.), r. (2) (d), am. (3) (a), r. and recr. (3) (b), (4) Register July 2023 No. 811, eff. 8-1-23; correction in (1) (b) made under s. 35.17, Stats., Register July 2023 No. 811, eff. 8/1/2023 Application materials may be obtained from and submitted to the Behavioral Health Certification Section, Division of Quality Assurance, PO Box 2969, Madison, WI 53701-2969