DHS 10.44(4)(e)4.
4. Planning for sustained or increased improvement in performance, based on the findings of the evaluation.
DHS 10.44(4)(f)
(f) Report all data required by the department related to standardized measures of performance, in the timeframes and format specified by the department.
DHS 10.44(4)(g)
(g) Cooperate with the department in evaluating outcomes and in developing and implementing plans to sustain and improve performance.
DHS 10.44(5)
(5)
External review. A CMO shall comply with all state and federal requirements for external review of quality of care and services furnished to its enrollees. A CMO shall cooperate with any review of CMO activities by the department, another state agency or the federal government.
DHS 10.44 Note
Note: All enrollees in Family Care are encouraged to participate in the direction of their own care and supports as much as they are willing and able. The full range of self-determination is to be encouraged and supported for all enrollees, including identification and setting priorities among long-term care outcomes, and direction of all long-term care services and health care, including end-of-life issues. As provided under s.
DHS 10.44 (2) (e) and
(f), all enrollees are to be full partners in the assessment of needs and strengths and in the development of care plans. Provisions at s.
DHS 10.44 (2) (h) and
(3) (d) require that each enrollee is to be offered the opportunity to take as much responsibility as he or she is willing and able in the selection, arrangement and monitoring of services.
DHS 10.44 Note
Note: The option provided in the following sub. (6) is one in which the enrollee takes full responsibility for managing the funding for all or part of his or her services, with some oversight from the CMO. Primary differences from the usual Family Care model are: (1) the ability to purchase services from outside the CMO network of providers; (2) the ability to receive assistance in planning, arranging and monitoring services from a broker or case manager outside the CMO; and (3) within the individual's established budget, having a greater degree of control over payment, including adjustments to payment rates, for services received.
DHS 10.44(6)
(6)
Option for enrollee self-management of service funding. DHS 10.44(6)(a)(a) The CMO shall provide enrollees with an opportunity to manage funding for services and supports, including an opportunity for an enrollee who chooses to participate to plan, arrange for, manage and monitor services under his or her family care benefit directly or with the assistance of another person chosen by the enrollee. The department may, through its contract with the CMO, limit the self-management of services not covered by federal home and community based waivers under
42 USC 1396n (c). The CMO shall provide the opportunity to self-manage service funding under a plan approved by the department under par.
(b) or
(c).
DHS 10.44(6)(b)
(b) On or before December 31, 2002, the department may approve the CMO plan for self-directed support only if:
DHS 10.44(6)(b)1.
1. The CMO offers the opportunity to participate in self-managing all or some of the funding for his or her services under par.
(a), with the assistance and support described in this paragraph, to a significant number of enrollees, and has a phase-in plan under which the opportunity to self-manage service funding is offered to an increasing number of enrollees in each year.
DHS 10.44(6)(b)2.
2. For individuals participating in a self-management option, the plan complies with the provisions of par.
(c) or, for any provision with which the plan does not comply, provides interim procedures and a plan and time-frame for achieving compliance.
DHS 10.44(6)(c)
(c) On or after January 1, 2003, the department may approve the CMO plan for self-managed service funding only if the plan provides all of the following:
DHS 10.44(6)(c)1.
1. The CMO offers each enrollee the opportunity to self-manage some or all of the funding for his or her services under par.
(a), with the assistance and support described in this paragraph.
DHS 10.44(6)(c)2.
2. The CMO, as part of the comprehensive assessment under sub.
(2) (e), identifies whether the enrollee needs support to effectively self-manage funding for his or her services, whether needed support is available to the person from one or more other persons, and whether the enrollee will accept the needed help. If the CMO determines that an enrollee who wants to self-manage his or her service funding is not able to do so independently and that the support available and acceptable to an enrollee is insufficient to support the person to effectively plan and manage funding for services and supports, the CMO, through the case management team, shall do all of the following:
DHS 10.44(6)(c)2.a.
a. Work with the enrollee and available supports to develop a case plan that specifies any limits on the level of control exercised by the enrollee that the CMO finds necessary under subd.
13. DHS 10.44(6)(c)2.b.
b. Identify and recruit one or more individuals to provide the assistance needed by the enrollee.
DHS 10.44(6)(c)2.c.
c. Assist the enrollee to develop skills and knowledge needed to participate more fully in self-managing service funding.
DHS 10.44(6)(c)2.d.
d. Inform the enrollee of his or her right to file a grievance under s.
DHS 10.53, request department review under s.
DHS 10.54, or request a fair hearing under s.
DHS 10.55 if he or she disagrees with the determination of need for support or the level of self-management provided by the plan.
DHS 10.44(6)(c)3.
3. The CMO offers training in the effective planning and management of service funding and supports to enrollees using the self-managed service funding mechanism and to individuals assisting these enrollees to manage funding for their services.
DHS 10.44(6)(c)4.
4. Subject to any limitations under subd.
2., the enrollee may choose the long-term care outcomes for which he or she wishes to manage funding for services or supports directly and the degree to which he or she wishes the CMO to assist in the management of funding for those services or supports beyond the minimum described in sub.
(2) (d).
DHS 10.44(6)(c)5.
5. The CMO has a system in place for establishing and modifying an individualized budget amount or range available to the enrollee to pay for the services and supports to be self-managed. The individualized budget amount or range is based on the comprehensive assessment and on a methodology approved by the department for estimating the cost of services the CMO would have provided if the funding for the services and supports were not self-managed.
DHS 10.44(6)(c)6.
6. The enrollee submits a plan for managing funding for those supports or services the member has chosen to manage directly. The CMO reviews the plan to ensure that the plan does not jeopardize the enrollee's health and safety and that expenditures are within the budget agreed to by the CMO and meets any other condition approved by the department.
DHS 10.44(6)(c)7.
7. Within the budget established under subd.
5. and the plan established under subd.
6., the enrollee may purchase any service or support consistent with the long-term care outcomes identified under sub.
(2) (e) 2., including assistance with planning and coordinating services to the extent that this assistance is not provided by the CMO.
DHS 10.44(6)(c)8.
8. The individual service plan for each enrollee participating in the self-managed service funding mechanism and the plan under subd.
6. includes a plan for how the CMO will monitor all of the following:
DHS 10.44(6)(c)8.a.
a. The health and safety of the enrollee and other people are not significantly threatened.
DHS 10.44(6)(c)8.b.
b. The enrollee's expenditures are consistent with the budget established under subd.
5. and the plan established under subd.
6. DHS 10.44(6)(c)8.c.
c. Safeguards are in place to ensure that the conflicting interests of other people are not taking precedence over the desires and interests of the enrollee.
DHS 10.44(6)(c)9.
9. If the self-managed expenditures of CMO enrollees are less than the amounts budgeted under subd.
5., the savings are used only for services and supports consistent with the long-term care outcomes of enrollees, as identified under sub.
(2) (e) 2. Savings shall not be used for administrative costs of a CMO.
DHS 10.44(6)(c)10.
10. The self-managed supports budget for an enrollee is not reduced in a subsequent year solely because the enrollee did not expend the full amount budgeted in a given year. Each year's budget is based on a re-assessment of needs and identified long-term care outcomes under subd.
5. DHS 10.44(6)(c)11.
11. The CMO has in place policies and procedures under which the enrollee can make or authorize payments to providers and receive timely information on expenditures made and budget status.
DHS 10.44(6)(c)12.
12. The policies and procedures under subd.
11. include mechanisms for assuring compliance with requirements for the deduction and payment of payroll taxes and for providing legally mandated fringe benefits for individuals employed by the enrollee and makes assistance available to the enrollee for all of the following employment-related tasks:
DHS 10.44(6)(c)12.h.
h. Setting the level of benefits, if any, to be provided in addition to requisite state and federal payroll benefits, such as vacation, sick leave or health insurance.
DHS 10.44(6)(c)13.
13. The CMO has policies and procedures under which the CMO may restrict the level of self-management of service funding exercised by an enrollee or for increasing the level of involvement of the case management team where the team finds any of the following:
DHS 10.44(6)(c)13.b.
b. The enrollee's expenditures are inconsistent with the budget established under subd.
5. and the plan established under subd.
6. DHS 10.44(6)(c)13.c.
c. The conflicting interests of another person are taking precedence over the desires and interests of the enrollee.
DHS 10.44(6)(c)13.e.
e. Negative consequences have occurred under other policies approved by the department.
DHS 10.44(6)(c)14.
14. The CMO informs each enrollee whose level of self-management of service funding is restricted under subd.
13. about what actions by the enrollee will result in removal of the restrictions.
DHS 10.44(6)(c)15.
15. The CMO informs the enrollee whose level of self-management of service funding is restricted under subd.
13. about his or her right to file a grievance under s.
DHS 10.53, request department review under s.
DHS 10.54, or request a fair hearing under s.
DHS 10.55 if he or she disagrees with any limit on the level of self-management.
DHS 10.44(6)(c)16.
16. The CMO has policies and procedures in place related to self-management of service funding of an enrollee under guardianship that include all of the following:
DHS 10.44(6)(c)16.a.
a. Training for guardians to assist them in learning and respecting enrollees' preferences and goals.
DHS 10.44(6)(c)16.b.
b. Assistance to enrollees and their guardians in building the enrollees' skills in the area of self-determination.
DHS 10.44(6)(c)16.c.
c. Periodic re-assessment of enrollees' competency to exercise rights directly and assistance to enrollees in attaining or regaining rights the CMO believes they are competent to exercise.
DHS 10.44 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00;
CR 04-040: am. (4) (c) 5.
Register November 2004 No. 587, eff. 12-1-04;
EmR2121: am. (2) (e), eff. 8-5-21;
CR 21-081: am. (2) (e) (intro.)
Register May 2022 No. 797, eff. 6-1-22, am. (2) (e) (intro.) eff. upon the termination of the Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the 1915 (c) Family Care program waiver.
DHS 10.45
DHS 10.45 Operational requirements for CMOs. DHS 10.45(1)(1)
Governing board. A care management organization shall have a governing board that reflects the ethnic and economic diversity of the geographic area served by the CMO. At least one-fourth of the members of the governing board shall be older persons or persons with physical or developmental disabilities or their family members, guardians or other advocates who are representative of the CMO's enrollees.
DHS 10.45(2)(a)(a) Except as provided in s.
DHS 10.36 (2), a CMO shall conduct a continuous open enrollment period, accepting enrollment of any member of its target population who is enrolled by an aging and disability resource center serving the area of the CMO, without regard to life situation, health or disability status or cost sharing requirements.
DHS 10.45(2)(b)
(b) A CMO may not disenroll any enrollee except under circumstances specified in its contract with the department and the express approval of the department, unless the enrollee has requested to be disenrolled. When a CMO requests department approval to disenroll an enrollee, the CMO shall refer the enrollee to the resource center for counseling under s.
DHS 10.23 (2) (j). A CMO may not encourage any enrollee to disenroll.
DHS 10.45(3)
(3)
Service to private pay individuals. The CMO shall provide, on a fee-for-service basis, case management and other services to private pay individuals as necessary to meet the requirements specified in s.
DHS 10.37.
DHS 10.45(4)(a)
(a) The department shall require each CMO to report information as the department determines necessary, including information needed for all of the following:
DHS 10.45(4)(a)1.
1. Determination of whether the CMO is meeting minimum quality standards, including adequate long-term care outcomes for its enrollees.
DHS 10.45(4)(a)2.
2. Determination of the extent to which the CMO is improving its performance on measurable indicators identified by the CMO in its current quality improvement plan.
DHS 10.45(4)(a)3.
3. Determination of whether the CMO is meeting the requirements of its contract with the department.
DHS 10.45(4)(a)4.
4. Determination of the adequacy of the CMO's fiscal management and financial solvency.
DHS 10.45(4)(a)5.
5. Evaluation of the effects for enrollees and cost-effectiveness of providing the family care benefit.
DHS 10.45(4)(b)
(b) A CMO shall submit to the department all reports and data required or requested by the department, in the format and timeframe specified by the department.
DHS 10.45(5)
(5)
Confidentiality and exchange of information. No record, as defined in s.
19.32 (2), Stats., of a CMO that contains personally identifiable information, as defined in s.
19.62 (5), Stats., concerning a current or former enrollee may be disclosed by the CMO without the individual's informed consent, except as follows:
DHS 10.45(5)(b)
(b) Notwithstanding ss.
48.78 (2) (a),
49.45 (4),
49.83,
51.30,
51.45 (14) (a),
55.22,
146.82,
252.11 (7),
253.07 (3) (c) and
938.78 (2) (a), Stats., a CMO may exchange confidential information about a client without the informed consent of the client, in the county of the CMO, if necessary to enable the CMO to perform its duties or to coordinate the delivery of services to the client, as authorized under s.
46.21 (2m) (c),
46.215 (1m),
46.22 (1) (dm),
46.23 (3) (e),
46.283 (7),
46.2895 (10),
51.42 (3) (e) or
51.437 (4r) (b), Stats.
DHS 10.45 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00; correction in (5) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2008 No. 635;
EmR2121: r. (2) (b), eff. 8-5-21;
CR 21-081: am. (2) (e)
Register May 2022 No. 797, eff. 6-1-22, am. (2) (b) eff. the first day of the month after the emergency period, as defined in section 1135 (g) (1) (b) of the Social Security Act,
42 USC 1320b-5 (g) (1) (B) and declared in response to the COVID-19 pandemic, ends; correction in (2) (b) made under s.
35.17, Stats.,
Register May 2022 No. 797.
DHS 10.46
DHS 10.46 Department responsibilities for monitoring CMO quality and operations. DHS 10.46(1)(1)
Monitoring. The department shall monitor CMO operations to assure quality of services and delivery, including consumer satisfaction. The department shall develop indicators to measure and assess quality in all of the following areas:
DHS 10.46(1)(a)
(a) Family care benefit effectiveness in increasing consumer long-term care choices, including choice of services, service providers, living arrangement and daily routine.
DHS 10.46(1)(b)
(b) Family care benefit effectiveness in improving access to long-term care services to support member care and choice of living arrangement.
DHS 10.46(1)(c)
(c) Family care benefit effectiveness at meeting the expectations of members in care and services received, reliability of the long-term care system and providers, fair and respectful treatment and privacy.
DHS 10.46(1)(d)
(d) Family care benefit effectiveness in assuring member health and safety, including being free from abuse and neglect, being protected against misappropriation of funds, being safe in chosen living arrangement, and receiving needed health services, consistent with member choices and preferences.
DHS 10.46(2)
(2)
Indicators. The department shall measure and assess CMOs' quality based on the areas in sub.
(1) by establishing indicators. The department shall use indicators to compare performance within and across CMOs and against other programs to help improve CMO performance and ensure quality. Where possible, the department shall measure indicators against available or created benchmarks and evaluate CMOs' performance. The department shall assess the CMO's performance for the non-quantifiable indicators by using an assessment mechanism based on outcome measurement.
DHS 10.46(3)
(3)
Measurement indicators. The department shall measure at least the following indicators:
DHS 10.46(3)(a)
(a) Preventable hospitalizations and emergency room visits.
