Certification of Waivers and Variances Submitted to the Program
Certification Unit
PDF Version of OQA 07-002 (PDF,
31 KB)
Date: February 5,
2007 OQA - 07-002
Supersedes DSL-BQA-01-015
To:
Community Mental Health
and AODA Programs
FROM: Otis Woods, Director, Office of Quality Assurance
Via: Joyce
Allen, Director
Bureau of Mental Health & Substance Abuse Services
Certification of Waivers and Variances Submitted to the Program
Certification Unit
This memorandum supersedes DSL-BQA-01-015, issued March
22, 2001, which was developed due to the promulgation and implementation
of Chapter
HFS 75, the Wisconsin Administrative Code that governs community
substance abuse services.
The purpose of this memorandum is to provide clarification
concerning the requests for waivers and variances submitted to the Office
of Quality Assurance (OQA).
Periodically, individuals with certified programs request
exceptions from certain program standards. A waiver, if granted, allows
the provider an exemption from the specified requirement(s). A
"variance" requests permission to meet a regulation in a manner
different than that stipulated by the regulations. For example, the most
common request has been for a waiver of Chapter HFS 61.97(5), WI
Administrative Code, for physician referrals to certified outpatient
mental health programs.
To meet this requirement, certified entities request that
they be allowed to use the services of a licensed clinical psychologist in
place of a physician. The variance will permit them to meet the rule in a
manner different from what is required by the code.
Before issuing an exception, OQA will examine each request
individually and issue a decision based on certain factors, including need
and compliance history. The fact that exceptions may have been approved
for other providers does not constitute evidence of need. OQA may consult
with the Bureau of Mental Health and Substance Abuse Services regarding
any request for an exception.
The following provisions of the Wisconsin Administrative
Code permit exceptions (waivers and variances) to the mental health and
substance abuse standards that are enforced by the OQA's Program
Certification Unit. Staff of the Bureau of Mental Health and Substance
Abuse Services can be contacted to answer questions regarding the
interpretation of administrative rules.
| Code |
Description |
Contact person for rule interpretation below |
| HFS 34.04 |
Emergency Mental Health Service Program |
George Hulick
(608) 266-0907 |
| HFS 36.065 |
Comprehensive Community Services Program |
Cheryl Lofton
(608) 267-1427 |
| HFS 40.05 |
Mental Health Day Treatment Services for Children |
George Hulick
(608) 266-0907 |
| HFS 61.20 (3) |
Community Mental Health, Developmental Disabilities,
and Alcohol and Other Drug Abuse Services, or proposed HFS 35
Outpatient Mental Health Clinic rules. |
Daniel Zimmerman
(608) 266-7072 |
| HFS 63.05 |
Community Support Programs for Chronically Mentally
III persons |
Alice Mirk
(608) 261-8878 |
| HFS 75 |
No specific waiver or variance language. The allowance
for an exception is covered under HFS 61.20(3) |
Daniel Zimmerman
(608 266-7072 |
| HFS 92 |
Confidentiality of Treatment Records. No
waivers or variances of these standards are permitted |
Daniel Zimmerman
(608 266-7072 |
| HFS 94 |
Patient Rights and Resolution of Patient
Grievances. No waiver or variances of these standards are
permitted. |
Daniel Zimmerman
(608 266-7072 |
Elements of a Variance/Waiver Request
The Department may grant an exception to program
requirements, except Chapter HFS 92 or Chapter HFS 94, when the Department
determines that the granting of the exception would not diminish the
effectiveness of the services provided by the program, or does not
adversely affect the health and safety of the patients served by the
program. The following must be included for each exception requested by
certified entities:
-
The code under which an exception is requested;
-
Justification for the request;
-
Expected duration of the request, not to extend
beyond the program's certification period;
-
If a variance, how the program will meet the
regulation under which the exception is requested; and,
-
General statement concerning the impact of the
exception on the delivery of services.
The Department has up to 60 calendar days to approve or
deny the request for exception under Chapter HFS 61 and HFS 75. The
Department will notify the requesting agency if an extension is necessary
beyond 60 days. Although a timeframe for a response is not specified in
HFS 34, HFS 40, or HFS 63, the Department will use the HFS 61 guidelines
as a timeframe to respond to individual requests. Further, the Department
may impose conditions on granting the exception.
If the Department fails to act on the request within 60
calendar days, the exception shall be automatically approved for the
period not to extend beyond the current certification period of the
program. Again, the Department will not consider requests for a variance
or waiver of HFS 92 or HFS 94, because these rules are based upon specific
requirements in sections 51.30 and 51.61 of the Wisconsin Statutes.
Please submit all requests for exceptions to the Office
of Quality Assurance, Mark Hale, Supervisor, Program Certification Unit, 1
West Wilson Street Madison, WI 53701.
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