The Governor approved this
Statement of Scope
on August 17, 2015.
Statement of Scope
DEPARTMENT OF HEALTH SERVICES
Relating to
:
|
Mental health day treatment for children
|
Type of Statement of Scope:
Original
1. Finding/nature of emergency (Emergency Rule only):
Not
A
pplicable.
2
.
Detailed description of the objective of the
proposed
rule
:
The
objective of the rulemaking is to update ch.
DHS 40
to the current practices and requirements for mental
health
day treatment for children
.
3
.
Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
:
Mental health day treatment services for children
are
community mental health services
provided by
programs
certified by the department
for
clinically supervised,
non-residential care
to
children
with
mental illness
, behavioral problems,
or severe emotional disturbance.
Chapter
DHS 40
includes provisions on
program certification and operational requirements
for
admission, assessment, treatment planning, treatment, and discharge planning.
Chapter
DHS 40
was last revised in 1996 and is
out
-
of
-
date in terms of
diagnostics, treatment, and treatment planning. The current rule specifies standards for three diagnostic levels of treatment, but those levels have become blurred and less useful for effective treatment planning.
The department
proposes
to revise
program certification
requirements relating to clinical supervision; service level designation, components and required personnel and services;
admission
policies and criteria; client assessment;
use of
seclusion and restraints
;
and
use of
medications
, and other related changes to update the rule
in consultation with stakeholders of the mental health community
.
The department also proposes to incorporate updated standards by
re
ference to the Diagnostic and Statistical Manual of Medical Disorders (DSM)
.
Chapter
DHS 40
and the proposed changes are not intended to regulate other forms of day services for children such as those operated by alcohol and other drug abuse treatment programs under
Chapter
DHS 75
.
There are no reasonable alternatives
.
M
ental health day treatment services have changed significantly since the rule was created in 1996.
Children do not fit neatly into diagnostic boxes, and often have other related mental health issues that need t
o be considered and addressed.
Children
should be
admitted to
types of
services
that are most
appropriate for
them and be provided the
services that they need.
4
.
Detailed explanation of statutory authority for the rule
(including
the
statutory citation and language):
Section
51.42
(7)
(b)
,
Stats.,
reads:
Duties of the department of health services.
(b)
The department shall promulgate rules which do all of the following:
1.
Govern the administrative structure deemed necessary to administer community mental health, developmental disabilities,
alcoholism
and drug abuse services.
2.
Establish uniform cost record-keeping requirements.
3.
Prescribe standards for qualifications and salaries of personnel.
4.
Prescribe standards for quality of professional services.
5.
Prescribe requirements for in-service and educational leave programs for personnel.
6.
Prescribe standards for establishing patient fee schedules.
7.
Govern eligibility of patients to the end that no person is denied service on the basis of age, race, color, creed, location or inability to pay.
7m.
Define "first priority for services" under and otherwise implement
sub. (3) (
ar
) 4m.
8.
Prescribe such other standards and requirements as may be necessary to carry out the purposes of this section.
9.
Promulgate rules establishing medication procedures to be used in the delivery of mental health services.
10.
Establish criteria for the level of scrutiny for evaluation of community mental health programs.
11.
Prescribe requirements for certification of community mental health programs, except as provided in
s.
51.032
, including all of the following:
a.
A requirement that, as part of the certification process, community mental health programs must demonstrate that their staff have knowledge of laws, regulations and standards of practice which apply to the program and its clients.
b.
A requirement that, when conducting certifications, certification staff must use a random selection process in reviewing client records.
c.
A requirement that certification staff conduct client interviews as part of the certification process.
d.
A requirement that certification staff provide certification results to the community mental health program reviewed, to subunits within the department responsible for community mental health program monitoring and to the county department under this section in which the community mental health program is located upon completion of certification.
Section
227.11
(2)
(a)
,
Stats.,
reads
: Rule-making authority is expressly conferred on an agency as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or non
-
statutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency’s general powers or duties does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold in the statutory provision.
5
.
Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule
:
An estimated total of
400
hours of staff
time may be needed to update
ch.
DHS 40
.
This includes
the writing and review of the various rulemaking documents, working with an advisory committee, and conducting listening sessions with stakeholders.
6
.
List with description of all entities that
may
be affected by the proposed rule
:
T
he existing
33
certified
day treatment progr
ams,
including
school-based and
community-based programs
;
children with mental illness and their families
;
Disability Rights Wisconsin
;
Wisconsin Family Ties
;
and the
Wisconsin Association of
Family & Children’s Agencies
.
7
.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
:
There appears to be no existing or proposed federal regulation that addresses the activities to be regulated by the proposed rule.
8
. Anticipated economic impact of implementing the rule:
The proposed rule is anticipated to have a moderate economic impact if promulgated
.
Contact Person:
Rosie Greer
608-266-1279
