Section 63.04. Termination, suspension or denial of certification.

 

(1)   Definition. In this section, "suspension" means a temporary withdrawal of certification.

(2)   Termination, suspension or denial of certification after prior notice and requested hearing. The department may terminate, suspend, deny or refuse to renew a CSP's certification after providing the CSP with prior written notice of the proposed action which includes the reason for the proposed action and a notice of opportunity for a hearing whenever the department finds that:

(a) A staff member of the CSP has had sexual contact as defined in s. 940.225 (5) (b) , Stats., or sexual intercourse, as defined in s. 940.225 (5) (c) , Stats., with a client;

(b) A staff member requiring professional licensure claimed to be licensed when he or she was not licensed, has had his or her license suspended or revoked, or has allowed his or her license to expire;

(c) A CSP staff member has been convicted of a criminal offense related to the provision of or claiming reimbursement for services under the medicare program under 42 USC 1395 and 42 CFR 400 to 421 , or under this state's or any other state's medical assistance program. For purposes of this paragraph, "convicted" means that a judgment of conviction has been entered by a federal, state or local court, regardless of whether an appeal from that judgment is pending;

(d) A staff member has been convicted of a criminal offense related to the provision of care, treatment or services to a person who is mentally ill, developmentally disabled, alcoholic or drug dependent;

(e) The program submitted or caused to be submitted statements, for purposes of obtaining certification under this chapter, which it knew, or should have known, to be false;

(f) The program failed to maintain compliance with one or more of the standards set forth in this chapter;

(g) Any of the program's practitioners signed billing or other documents as the provider of service when the service was not provided by the practitioner; or

(h) There is no documentary evidence in a client's treatment file that the client received services which were billed for.

(3)   Right to hearing. In the event that the department denies, terminates, suspends or refuses to renew a certification, a CSP may request a hearing under s. 227.42 , Stats. The request for a hearing shall be submitted in writing to and received by the department of administration's division of hearings and appeals within 30 days after the date on the notice required under sub. (2) .

History: Cr. Register, April, 1989, No. 400 , eff. 5-1-89.

Note

The mailing address of the Division of Hearings and Appeals is P.O. Box 7875, Madison, WI 53707. Microsoft Windows NT 6.1.7601 Service Pack 1