(7) Financial responsibility of spouse or responsible relative.
Within the limitations provided by s. 49.90
, Stats., and this chapter, the spouse of an applicant of any age or the parent of an applicant under 18 years of age shall be charged with the cost of medical services before MA payments shall be made. However, eligibility may not be withheld, delayed or denied because a responsible relative fails or refuses to accept financial responsibility. When the agency determines that a responsible relative is able to contribute without undue hardship to self or immediate family but refuses to contribute, the agency shall exhaust all available administrative procedures to obtain that relative's contribution. If the responsible relative fails to contribute support after the agency notifies the relative of the obligation to do so, the agency shall notify the district attorney in order to commence legal action against that relative.
DHS 104.02 History
Cr. Register, December, 1979, No. 288
, eff. 2-1-80; am. Register, February, 1986, No. 362
, eff. 3-1-86; corrections in (6) and (7) made under s. 13.93 (2m) (b) 7., Stats., Register February 2002 No. 554
DHS 104.03(1)(a)(a) Required when program is abused.
If the department discovers that a recipient is abusing the program, including abuse under s. DHS 104.02 (5)
, the department may require the recipient to designate, in any or all categories of health care provider, a primary health care provider of the recipient's choice, except when free choice is limited under s. DHS 104.035
(b) Selection of provider.
The department shall allow a recipient to choose a primary provider from the department's current list of certified providers, except when free choice is limited under s. DHS 104.035
. The recipient's choice shall become effective only with the concurrence of the designated primary provider. The type of service and identification number of the primary provider shall be endorsed on the recipient's MA card.
(c) Failure to cooperate.
If the recipient fails to designate a primary provider after receiving a formal request from the department, the department shall designate a primary provider for the recipient in the proximity of the recipient's residence.
(2) Referral to other providers.
A primary provider may, within the scope of the provider's practice, make referrals to other providers of medical services for which reimbursement will be made if the referral can be documented as medically necessary and the services are covered by MA. This documentation shall be made by the primary provider in the recipient's medical record.
(3) Alternative primary provider.
The department may allow the designation of an alternate primary provider. When approval is given by the department to select an alternate primary provider, the recipient may designate an alternate primary provider in the same manner a primary provider is designated.
The limitations imposed in this section do not apply in the case of an emergency. Emergency health care provided by any provider to a recipient restricted under this section shall be eligible for reimbursement if the claim for reimbursement is accompanied by a full explanation of the emergency circumstances.
Prudent buyer limitations.
Free choice of a provider may be limited by the department if the department contracts for alternate service arrangements which are economical for the MA program and are within state and federal law, and if the recipient is assured of reasonable access to health care of adequate quality.
DHS 104.035 History
Cr. Register, February, 1986, No. 362
, eff. 3-1-86.
Under s. 49.45 (3) (i)
, Stats., the department shall require a second medical opinion for selected elective surgical procedures, in order to provide a recipient additional medical information about the medical appropriateness of the proposed procedure before the recipient makes a decision to undergo the procedure. Procedures for which a second medical opinion is required are the following:
DHS 104.04 Note
Section 49.45 (3) (i), Stats., was repealed by 2005 Wis. Act 25
The requirement for a second opinion applies only to nonemergency procedures.
If a provider performs an elective surgical procedure covered under the program and no second opinion has been obtained, the primary surgeon's fees are not reimbursable by MA.
If the provider who provides the second opinion also performs the surgery, the primary surgeon's fees are not reimbursable by MA.
Contracts for services from group plans.
The department may enter into contracts for MA services with health maintenance organizations (HMOs) or prepaid health plans (PHPs). Each contract shall include specific information about services to be provided by the group, the number and types of practitioners who will provide the services, the geographic service area covered by the group plan, the period of time in which recipients are enrolled, the procedures for recipient enrollment, additional services which may be available, and the cost of services for each enrollee.
(2) Enrollment responsibility.
MA recipients within the geographic area stipulated in a group plan service contract shall have the choice of enrolling for service membership under the following conditions:
(a) Minimum enrollment period.
The department may enter into arrangements with HMOs or PHPs which establish minimum enrollment periods for MA recipients.
(b) Disenrollment period.
In geographic areas where there is only one certified group plan provider, each recipient may be automatically enrolled in the group plan. A recipient may disenroll from the group plan, and the effective date of the disenrollment shall be no later than one month from the month in which the recipient disenrolls.
(3) Control of services.
Enrollees in an HMO or PHP shall obtain services paid for by MA from that organization's providers, except for referrals or emergencies. Recipients who obtain services in violation of this section shall pay for these services.
(4) Identification of covered services.
Services available to MA recipients shall be identified in the provider's contract with the department and shall be made known to all MA enrollees.
DHS 104.05 History
Cr. Register, February, 1986, No. 362
, eff. 3-1-86.