Section DHS 75.09 - Ongoing compliance and enforcement actions(1)INSPECTIONS. (a) The department may make announced and unannounced inspections of a certified service to verify compliance with this chapter, to investigate complaints received regarding the services provided, or as part of an investigation into the cause of death of a client.(b) To ensure compliance with this chapter and other applicable statutes and regulations, the department shall have access to all service documents, open and closed client records, and staff member files at any time.(2)ENFORCEMENT.(a)Statement of deficiency. Upon determining that the service is in violation of any requirement of this chapter, the department shall promptly serve a statement of deficiency to the governing authority or entity owner or designated representative of the service.(b)Plan of correction.1. Within 10 business days of receipt of the statement of deficiency, the service shall submit a plan of correction to the department for approval, detailing how the service will correct the violation or how the service has corrected the violation. The department may require that a plan of correction be submitted for approval within a shorter specified time for violations the department determines may be harmful to the health, safety, welfare, or rights of clients.2. The department may require the service to modify the proposed plan of correction before the department approves the plan of correction.3. Failure to submit an approved plan of correction shall be grounds for denial, suspension, or revocation of the certification.(3)APPEALS.(a) If the department denies, revokes, suspends, or refuses to renew certification, the service may request an administrative hearing under ch. 227, Stats.(b) A request for a hearing shall be received in writing to the department of administration's division of hearings and appeals within 10 days after the date of the notice of the department's action under s. DHS 75.05.(c) If a timely request for hearing is made, the department's decision to revoke, suspend, or refuse to renew certification is stayed pending the outcome of the appeal, unless the department finds that the health, safety or welfare of patients requires that the action take effect immediately. A finding of a requirement for immediate action shall be made in writing by the department.Wis. Admin. Code Department of Health Services DHS 75.09
Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (3) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.Adopted by, CR 20-047: cr. Register October 2021 No. 790, eff. 10/1/2022This section is created eff. 10-1-22 by CR 20-047.