Wis. Admin. Code DWD § 131.30

Current through May 28, 2024
Section DWD 131.30 - Substance abuse treatment program
(1) ELIGIBILITY.
(a) An individual whose positive test results are reported under s. DWD 131.10(2) may enroll in a substance abuse treatment program if all of the following apply:
1. The individual is otherwise eligible for benefits under ch. 108, Stats.
2. The services offered by a substance abuse treatment program are administered by a substance abuse treatment provider approved by the department.
(b) An individual eligible under par. (a) may enroll in a substance abuse treatment program one time per benefit year.
(2) AUTHORIZATION TO RELEASE RECORDS. An individual who is eligible to enroll in a substance abuse treatment program under sub. (1) shall provide written authorization to the department for the disclosure of the individual's records by the substance abuse treatment provider.
(3) ASSESSMENT. A substance abuse treatment provider shall use an assessment conducted under this chapter in order to determine the extent and severity of the individual's use of controlled substances, and to determine the type of intervention necessary to address the individual's use of controlled substances.
(4) SUBSTANCE ABUSE TREATMENT PLAN. The substance abuse treatment provider shall develop a substance abuse treatment plan that identifies the goals, objectives, resources, and dates of treatment for the individual. The substance abuse treatment provider shall provide a copy of the substance abuse treatment plan to the department.
(5) SUBSTANCE ABUSE TREATMENT PROGRAM ENROLLMENT. Within 5 working days of being directed by the department, an individual shall contact an approved substance abuse treatment provider to schedule an assessment. An individual is considered to be enrolled in a substance abuse treatment program if any of the following apply:
(a) The individual schedules an assessment for the earliest date that is available with a substance abuse treatment provider.
(b) The individual requests placement on a waitlist maintained by the department for an assessment if the individual is unable to schedule an assessment with a substance abuse treatment provider. An individual who requests placement on a waitlist shall certify on a weekly basis, in a manner prescribed by the department, that the individual will schedule an assessment when services first become available with a substance abuse treatment program provider.
(6) SUBSTANCE ABUSE TREATMENT PROGRAM COMPLIANCE.
(a) An individual shall comply with all requirements of a substance abuse treatment plan as prescribed in sub. (4). Compliance in a substance abuse treatment program shall be satisfied by any of the following:
1. The substance abuse treatment provider informs the department on a weekly basis, in a manner prescribed by the department, of an individual's compliance with the substance abuse treatment plan.
2. The individual certifies to the department on a weekly basis, in a manner prescribed by the department, that the individual is placed on a waitlist for a substance abuse treatment program and will comply with a substance abuse treatment plan when services first become available with a substance abuse treatment provider.
(b) An individual who fails to comply with the substance abuse treatment plan under par. (a) is ineligible to receive benefits until the individual earns wages after the week in which the failure occurs equal to at least 6 times the individual's weekly benefit rate under s. 108.05(1), Stats., in employment or other work covered by the unemployment insurance law of any state or the federal government.
(7) SUCCESSFUL COMPLETION OF SUBSTANCE ABUSE TREATMENT PROGRAM.
(a) A substance abuse treatment provider shall notify the department, as directed, when an individual successfully completes the requirements of the substance abuse treatment program.
(b) An individual may complete a substance abuse treatment program with an alternate substance abuse treatment provider with advance department approval.
(8) SUBSTANCE ABUSE TREATMENT PROGRAM COSTS.
(a) The department shall pay for reasonable costs of the services provided by the substance abuse treatment provider as set forth in the individual's substance abuse treatment plan for each week the individual is eligible for benefits under ch. 108, Stats.
(b) Notwithstanding par. (a), the department shall pay for reasonable costs of the services provided by the substance abuse treatment provider as set forth in the substance abuse treatment plan if the individual is determined ineligible for benefits under ch. 108, Stats., solely due to the individual complying with the requirements of the individual's substance abuse treatment plan.

Wis. Admin. Code Department of Workforce Development § DWD 131.30

Adopted by, EmR1617: emerg. cr., eff. 5-1-16; EmR1702: emerg. cr., eff. 1-30-17; CR 16-036: cr. Register April 2017 No. 736, eff. 5/1/2017
Amended by, CR 18-033: am. (1) (a) (intro.) Register May 2019 No. 761, eff. 6/1/2019