The individual's IQ is 49 or less, or the individual has a mental age of 7 or less, based on tests acceptable to the department;
Medical documentation or other documentation acceptable to the department supports a finding that the individual is incapable of indicating intent.
“Intent to reside" means that a person intends that Wisconsin is the person's place of residence and that the person intends to maintain the residence indefinitely.
(b) Physical presence and intention.
An eligible person shall be a Wisconsin resident, as determined under 42 CFR 435.403
. Residence shall be based on physical presence, except as provided in an interstate agreement, and on the person's intent to maintain Wisconsin residence indefinitely, except as otherwise provided in pars. (c)
(c) Migrant farm workers.
A migrant farm worker who is living in Wisconsin and who entered with a job commitment or to seek employment shall be considered a resident so long as there is no medical assistance being received from another state. In this paragraph, “migrant farm worker" means any person whose primary employment in Wisconsin is in the agricultural field or cannery work, is authorized to work in the United States, who is not immediate family by blood or marriage of the employer, and routinely leaves an established place of residence to travel to another locality to accept seasonal or temporary employment. Members of the migrant farm worker's family who live with the worker in Wisconsin shall also be considered Wisconsin residents.
(d) Non-institutionalized persons.
The residence of a person under age 21 shall be determined in accordance with the rules governing residence under the AFDC program except that non-institutionalized persons under age 21 whose MA eligibility is based on blindness or disability are residents if they are physically present in Wisconsin.
For any institutionalized person who is under age 21, or who is age 21 or older and became incapable of indicating intent before age 21, the state of residence is that of:
The parents or the legal guardian, if one has been appointed, and parental rights have terminated at the time of placement in an institution; or
The parent applying for MA on behalf of the applicant if the parent resides in another state and there is no appointed legal guardian.
Institutionalized persons over age 21 are Wisconsin residents when they are physically present with the intent to reside in Wisconsin except that persons who become incapable of indicating intent at or after age 21 are residents of the state in which they are physically present.
(f) Out-of-state institutional placements.
When a state arranges for a person to be placed in an institution located in another state, the state making the placement is the state of residence irrespective of the person's indicated intent or ability to indicate intent.
(g) Establishment of residence.
Once established, residence is retained until superseded by a new place of residence.
All individuals for whom MA benefits are requested shall have a social security number and shall furnish the number to the agency, except an individual who is one of the following:
An alien who is requesting medical assistance only for emergency services; or
A child who is eligible for medical assistance under 42 USC 1396a
(e) (4). During the time that the child is eligible under 42 USC 1396a
(e) (4), the agency shall use the mother's social security number.
If an applicant does not have a social security number, application for the number shall be made by or on behalf of the applicant to the federal social security administration. If there is a refusal to furnish a number or apply for a number, the person for whom there is a refusal is not eligible for MA. The department may not deny or delay services to an otherwise eligible applicant pending issuance or verification of the individual's social security number.
(5) Assignment of medical support.
The parent or caretaker relative of a dependent child enumerated in s. 49.19 (1) (a)
, Stats., shall be deemed to have assigned all rights to medical support to the state as provided in s. 49.45 (19) (a)
, Stats. If there is a refusal to make the assignment, the person who refuses is not eligible for MA.
(6) Not a person detained by legal process.
A person detained by legal process is not eligible for MA benefits. For purposes of this subsection, “detained by legal process" means incarcerated because of law violation or alleged law violation, which includes misdemeanors, felonies, and delinquent acts. A person who returns to the court after observation, is found not guilty of a law violation by reason of mental deficiency and is subsequently committed to a mental institution shall not be considered detained by legal process.
(7) Not a person residing in an institution for mental diseases.
A person 21 to 64 years of age who resides in an institution for mental diseases (IMD) is not eligible for MA benefits, unless the person is 21 years of age, was a resident of the IMD immediately prior to turning 21 and has been continuously a resident of the IMD since then. An IMD resident 21 to 64 years of age may be eligible for MA benefits while on convalescent leave from the IMD.
(8) Not an ineligible caretaker relative.
A caretaker relative enumerated in s. 49.19 (1) (a)
, Stats., with whom a dependent child as defined in s. 49.19 (1) (a)
, Stats., is living when the income and resources of the MA group or fiscal test group exceed the limitations of ss. 49.19
, Stats., or title XVI of the social security act of 1935, as amended, is not eligible unless the caretaker relative is SSI-related in accordance with sub. (1) (c)
, or is a woman who is medically verified to be pregnant.
(9) Not a striker.
A person on strike is not eligible. When the striker is a caretaker relative, all members of the MA group who are 18 years of age or older shall be ineligible except that if the member of the MA group who is on strike is medically verified pregnant or, if the MA group includes a medically verified pregnant woman, the pregnant woman continues to be eligible during her pregnancy and through the month in which the 60th day following the end of pregnancy falls. In this subsection, “striker" means anyone who on the last day of the month is involved in a strike or a concerted effort with other employees to stop work, including a stoppage of work due to the expiration of a collective bargaining agreement, or any concerted slowdown or other concerted interruption of operations by employees.
DHS 103.03 History
Cr. Register, February, 1986, No. 362
, eff. 3-1-86; am. (1) (b) 1., Register, February, 1988, No. 386
, eff. 3-1-88; emerg. r. and recr. (7), eff. 8-1-88; r. and recr. (7), Register, December, 1988, No. 396
, eff. 1-1-89; emerg. am. (7), eff. 6-1-89; am. (7), Register, February, 1990, No. 410
, eff. 3-1-90; am. (1) (b) 1., 2. and 4, (2), (3) (b) and (9), r. and recr. (4), Register, March, 1993, No. 447
, eff. 4-1-93; emerg. am. (1) (a) and (b) 3., eff. 7-1-99; am. (1) (a) and (b) 3. and cr. (1) (f), Register, March, 2000, No. 531
, eff. 4-1-00; cr. (1) (g) and (h), Register, November, 2000, No. 539
, eff. 12-1-00; correction in (1) (b) 1. made under s. 13.92 (4) (b) 7.
, Stats., Register December 2008 No. 636
DHS 103.04 Asset and income limits.
The nonexempt assets and budgetable income of the MA group or, when applicable, the fiscal test group, shall be compared to the following asset and income limits established in this section to determine the eligibility of the MA group:
The MA group or fiscal test group shall first be tested against the categorically needy standard. Persons who meet the non-financial eligibility conditions and who meet the income and asset standards specified in this subsection shall be determined eligible as categorically needy in accordance with s. 49.46 (1) (e)
, Stats., and shall receive MA benefits in accordance with s. 49.46 (2)
, Stats., and chs. DHS 101
The AFDC-related categorically needy income standard for MA applicants shall be the appropriate AFDC assistance standard as specified in s. 49.19 (11) (a) 1.
, Stats., except that persons who are ineligible to receive AFDC solely because of the application of s. 49.19 (11) (a) 6.
, Stats., which specifies that payments that are not whole dollar amounts shall be rounded down to the nearest whole dollar, shall receive MA as categorically needy. The AFDC-related categorically needy asset standard shall be the same as that set out in s. 49.19 (4)
The SSI-related categorically needy income standard shall be the maximum SSI payment including state supplement that a single person or a couple, as appropriate, could receive in Wisconsin under s. 49.77
, Stats., or federal title XVI of the social security act of 1935, as amended. The SSI-related categorically needy asset standard shall be the same as specified in section 1613 of title XVI of the social security act of 1935, as amended.
(2) Medically needy.
If the MA group or fiscal test group is not eligible as categorically needy, the medically needy standard shall be applied. Persons who meet non-financial conditions for eligibility and meet the income and assets criteria set forth in s. 49.47 (4) (b)
, Stats., and this chapter, except for AFDC-related adult caretakers who are not blind, disabled or age 65 or older, shall be determined medically needy and shall receive MA benefits in accordance with s. 49.47 (6)
, Stats., and chs. DHS 101
In this subsection, “spend–down period" means the period during which excess income may be expended or obligations to expend excess income may be incurred for the purpose of obtaining AFDC-related or SSI-related MA eligibility, as described under s. DHS 103.08 (2) (a)
When an SSI-related or AFDC-related fiscal test group is found ineligible as medically needy and excess income is the only reason, the group may expend or incur obligations to expend the excess income above the appropriate medically needy income limit pursuant to s. 49.47 (4) (c) 2.
, Stats., and this chapter. If after incurred medical expenses are deducted, the remaining income is equal to or less than the income limit, the MA group shall be determined medically needy and shall receive MA benefits in accordance with s. 49.47 (6)
, Stats., and chs. DHS 101
for the balance of the spend-down period.
Health insurance premiums actually incurred or paid, plus any medical service recognized by state law received by a member of the MA or fiscal test group shall be counted toward fulfilling the excess income expenditure or incurrence requirement when the service is prescribed or provided by a medical practitioner who is licensed by Wisconsin or another state and if either or both of the following conditions are met:
The expense was incurred prior to the spend-down period and a fiscal test group member is still legally responsible for the debt and is consistently making payments, in which case the payments made during the spend-down period shall be counted.
No medical costs that are incurred and are to be paid or have been paid by a person other than the applicant or members of the fiscal test group may be counted toward fulfilling the excess income expenditure or incurrence requirement. No expense for which a third party is liable, including but not limited to medicare, private health insurance, or a court-ordered medical support obligation, may be used to meet the expenditure of excess income requirement.
(4) Special financial standards for institutionalized persons.
The categorically needy and medically needy asset standards shall be the same for institutionalized persons as for non-institutionalized persons, except that in determining initial eligibility under s. DHS 103.075
for an institutionalized individual with a community spouse the asset standard shall be the regular SSI-related MA group size one asset standard as provided under s. 49.47 (4) (b) 3g.
, Stats., plus the community spouse resource allowance as provided under s. 49.455 (6) (b)
, Stats. The eligibility standards against which an institutionalized person's income is tested shall be the following:
(a) Categorically needy standard.
The categorically needy standard for an institutionalized person shall be an amount equal to 3 times the federal share of the SSI payment for one person living in that person's own home.
(b) Medically needy standard.
An institutionalized person shall be determined medically needy in accordance with requirements under 42 CFR 435.1007
DHS 103.04(5)(a)(a) Mixture of AFDC and SSI-relatedness.
When there is a mixture in an MA group of AFDC-relatedness and SSI-relatedness, AFDC-related financial eligibility procedures shall be used except when no minor child is in the home, in which case SSI-related procedures shall be used.
(b) Fiscal test groups in which some are receiving AFDC and some are applying for MA only. DHS 103.04(5)(b)1.1.
If some members of the fiscal test group are receiving AFDC and some are not, the eligibility of the non-AFDC recipients shall be determined by comparing the assets of the entire fiscal test group to the appropriate asset standard and by comparing the income of the non-AFDC members or, if appropriate, the fiscal test group, to the appropriate share of the total family income standard.
For purposes of this paragraph, the family consists of parents and all children, including AFDC recipients, in the household for whom either spouse is legally responsible, except that the family does not include SSI recipients and children who do not have a legally responsible parent in the home.
(c) SSI-related child when family is ineligible.
A blind or disabled child in a family found financially ineligible for AFDC-related MA may have his or her eligibility determined individually according to SSI-related financial procedures for child-only cases specified in s. DHS 103.05
If SSI-related adults are caring for a minor child for whom they are not legally responsible, the adults shall have their financial eligibility determined according to AFDC-related procedures, except that their eligibility may be determined according to SSI-related financial procedures if they are found ineligible for AFDC-related MA because of earned income or if they elect to be processed as SSI-related.
The income and assets of a child residing with an NLRR shall be measured against the AFDC-related standard for one person, except that when the NLRR child is blind or disabled eligibility shall be determined according to SSI-related financial procedures.
If the child is found financially ineligible, the eligibility of the NLRR caretaker relative shall be determined by measuring that relative's income and assets against AFDC-related eligibility standards.
(e) Child residing in a licensed foster or group home.
For a child who lives in a foster or group home licensed under chs. DCF 56
, only the child's own income and assets shall be used when determining the child's financial eligibility. The child's income and assets shall be measured against the AFDC-related income and asset standards for one person.
For all applicant BadgerCare fiscal test groups, the income limit is 185% of the poverty line, or a lower percentage of the poverty line established by the department in accordance with s. 49.665 (4) (at)
The following persons who reside in the home with the primary person shall be included in the BadgerCare group if otherwise non-financially eligible and applying for BadgerCare:
The income of the following persons shall be included when determining the eligibility of the BadgerCare group:
Except for SSI recipients, any person residing with members of the BadgerCare group who is legally responsible for any member.
Except for SSI recipients, the needs of the following persons shall be used to determine the eligibility of the BadgerCare group:
Children under age 19 of the primary person who are eligible for AFDC-related or SSI-related MA.
Any person residing with members of the BadgerCare group, and who is legally responsible for any member.
Non-legally responsible relative (NLRR) case.
The income of a minor child residing with an NLRR caretaker shall be measured against the BadgerCare income limits for one person.
18 year old case.
An 18 year old who resides with his or her parent or parents may have his or her BadgerCare eligibility determined either with the parent or parents or separately.
(8) Medicaid purchase plan financial eligibility criteria. DHS 103.04(8)(a)(a)
A person who meets the requirements of s. DHS 103.03 (1) (g)
and the income and asset limits described in this subsection is eligible for the medicaid purchase plan.
The person's total net family income is less than 250% of the federal poverty line as determined by the person's family size. Net income is calculated using the standard SSI disregards and exemptions. The income disregards are the following:
Sixty-five dollars and one-half of the family's remaining earned income. If the family does not have any unearned income, $85 and one-half of the family's remaining earned income.
If the person leaves the medicaid purchase plan and subsequently re-enrolls in the program, the person's independence account and any interest, gains, or dividends from that account are disregarded for purposes of subsequent eligibility determinations.
(9) Special medicaid purchase plan budgeting procedures. DHS 103.04(9)(a)(a)
Medicaid purchase plan group.
Any of the following persons who reside in the home with the applicant or recipient shall be included in determining the family size of the person applying for the medicaid purchase plan, with this family size used in calculating the person's financial eligibility under this section: