Section DHS 36.05 - Certification process(1) In this section: (a) "Deficiency" means the failure to meet a requirement of this chapter.(b) "Major deficiency" means a determination by the department that an aspect of the CCS program or the conduct of its personnel does any of the following: 1. The psychosocial rehabilitation services substantially fail to meet the requirements of this chapter.2. Creates a risk of harm to a consumer or violates a consumer right created by this chapter or other state or federal statutes or rules, which may include any one of the following of the following: a. A staff member has had sexual contact or intercourse, as defined in s. 940.225(5) (b) or (c), Stats., with a consumer.b. A staff member of the CCS has been convicted of consumer abuse under s. 940.285, 940.29 or 940.295, Stats.c. The health or safety of a consumer is in imminent danger because of a failure of the CCS or a CCS staff member to comply with requirements of this chapter or any other applicable local, state or federal statute or regulation.3. The CCS has submitted, or caused to be submitted, one or more statements for purposes of obtaining certification under this chapter which the CCS knew or should have known to be false.4. A license, certification or required local, state or federal approval of the CCS has been revoked or suspended or has expired.5. A staff member has signed a billing statement or other document that represents the CCS staff member as the provider of service when the staff member did not provide the service.6. A staff member impedes or has impeded monitoring of the program by the department.7. An action or inaction by a staff member constitutes grounds for involuntary termination or suspension from program participation under s. DHS 106.06.(2) INITIAL APPLICATION. Upon receipt of a complete application for initial certification, the department shall review the application and accompanying materials required under s. DHS 36.04 (2). The department's designated representative responding to a request for an initial certification shall review CCS personnel policies and procedures and operational policies, and the community services plan developed under s. DHS 36.07.(4) TRANSFERABILITY OF CERTIFICATION. Certification may only be issued to the CCS specified in the application. A CCS may not transfer or assign its certification to another entity. An applicant or certified CCS shall notify the department of any change in administration, location, name, offered services or any other change that may affect compliance with this chapter no later than the effective date of the change.(5) EFFECTIVE DATE OF CERTIFICATION. (a) The date of certification shall be the date that the department determines that an applicant is in compliance with this chapter.(b) The department may change the date of certification if the department has made an error in the certification process. A date of certification that is adjusted under this paragraph may not be earlier than the date the department receives a written application under sub. (2) or (3).(6) FEES FOR CERTIFICATION. Fees for certification shall be established by the department.(7) ISSUANCE OF CERTIFICATION. (a)Action on application. Within 60 days after receiving a completed application for initial certification or for renewal of certification, the department shall do one of the following:1. Approve the CCS if no deficiencies are found and all of the requirements for certification are met.3. Deny certification under sub. (9), if the department finds one or more major deficiencies.(9) DENIAL OF CERTIFICATION. 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 36.06 (3).(10) DURATION OF CERTIFICATION. A certification remains valid until one of the following occur: (a) The certification remains valid until it is revoked or suspended by the department in accordance with s. DHS 36.06 (1).(b) The certification becomes invalid due to non-submission of the biennial report or non-payment of biennial fees in accordance with sub. (11).(11) 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 certification continuation fees under s. 51.04, Stats.(b) The department will send the certification continuation materials to the provider, which the provider is expected to complete and submit to the department according to instructions provided.(c) A certification will be suspended or terminated if biennial reports and fees are not submitted prior to the end of the biennial cycle.Wis. Admin. Code Department of Health Services DHS 36.05
CR 04-025: cr. Register October 2004 No. 586, eff. 11-1-04; corrections in (1) (b) 7. and (3) (f) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.Amended by, CR 22-078: r. (3), (7) (a) 2., (b), (8), cr. (10), (11) Register July 2023 No. 811, eff. 8/1/2023