Chapter DHS 107

DHS 107.31(3)(b) (b) Care during periods of crisis. Care may be provided 24 hours a day during a period of crisis as long as the care is predominately nursing care provided by a registered nurse. Other care may be provided by a home health aide or homemaker during this period. “Period of crisis” means a period during which an individual requires continuous care to achieve palliation or management of acute medical symptoms.

DHS 107.31(3)(c) (c) Sub-contracting for services.

DHS 107.31(3)(c)1. 1. Services required under sub. (2) (c) shall be provided directly by the hospice unless an emergency or extraordinary circumstance exists.

DHS 107.31(3)(c)2. 2. A hospice may contract for services required under sub. (2) (d). The contract shall include identification of services to be provided, the qualifications of the contractor’s personnel, the role and responsibility of each party and a stipulation that all services provided will be in accordance with applicable state and federal statutes, rules and regulations and will conform to accepted standards of professional practice.

DHS 107.31(3)(c)3. 3. When a resident of a skilled nursing facility or an intermediate care facility elects to receive hospice care services, the hospice shall contract with that facility to provide the recipient’s room and board. Room and board includes assistance in activities of daily living and personal care, socializing activities, administration of medications, maintaining cleanliness of the recipient’s room and supervising and assisting in the use of durable medical equipment and prescribed therapies.

DHS 107.31(3)(d) (d) Reimbursement for services.

DHS 107.31(3)(d)1. 1. The hospice shall be reimbursed for care of a recipient at per diem rates set by the federal health care financing administration (HCFA).

DHS 107.31(3)(d)2. 2. A maximum amount, or hospice cap, shall be established by the department for aggregate payments made to the hospice during a hospice cap period. A hospice cap period begins November 1 of each year and ends October 31 of the following year. Payments made to the hospice provider by the department in excess of the cap shall be repaid to the department by the hospice provider.

DHS 107.31(3)(d)3. 3. The hospice shall reimburse any provider with whom it has contracted for service, including a facility providing inpatient care under par. (a).

DHS 107.31(3)(d)4. 4. Skilled nursing facilities and intermediate care facilities providing room and board for residents who have elected to receive hospice care services shall be reimbursed for that room and board by the hospice.

DHS 107.31(3)(d)5. 5. Bereavement counseling and services and expenses of hospice volunteers are not reimbursable under MA.

DHS 107.31 History History: Cr. Register, February, 1988, No. 386, eff. 3-1-88; emerg. am. (2) (a) and (3) (d) 1., r. and recr. (3) (a) 3., renum. (3) (d) 2. to 4. to be 3. to 5. and cr. (3) (d) 2., eff. 7-1-88; am. (2) (a), (3) (a) 1. and (d) 1., r. and recr. (3) (a) 3., renum. (3) (d) 2. to 4. to be 3. to 5. and cr. (3) (d) 2., Register, December, 1988, No. 396, eff. 1-1-89; corrections in (1) (a) and (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636.

DHS 107.32 DHS 107.32 Case management services.

DHS 107.32(1) (1) Covered services.

DHS 107.32(1)(a) (a) General.

DHS 107.32(1)(a)1. 1. Case management services covered by MA are services described in this section and provided by an agency certified under s. DHS 105.51 or by a qualified person under contract to an agency certified under s. DHS 105.51 to help a recipient, and, when appropriate, the recipient’s family gain access to, coordinate or monitor necessary medical, social, educational, vocational and other services.

DHS 107.32(1)(a)2. 2. Case management services under pars. (b) and (c) are provided under s. 49.45 (25), Stats., as benefits to those recipients in a county in which case management services are provided who are over age 64, are diagnosed as having Alzheimer’s disease or other dementia, or are members of one or more of the following target populations: developmentally disabled, chronically mentally ill who are age 21 or older, alcoholic or drug dependent, physically or sensory disabled, or under the age of 21 and severely emotionally disturbed. In this subdivision, “severely emotionally disturbed”means having emotional and behavioral problems which:

DHS 107.32(1)(a)2.a. a. Are expected to persist for at least one year;

DHS 107.32(1)(a)2.b. b. Have significantly impaired the person’s functioning for 6 months or more and, without treatment, are likely to continue for a year or more. Areas of functioning include: developmentally appropriate self-care; ability to build or maintain satisfactory relationships with peers and adults; self-direction, including behavioral controls, decisionmaking, judgment and value systems; capacity to live in a family or family equivalent; and learning ability, or meeting the definition of “child with exceptional educational needs” under ch. PI 1 and s. 115.76 (3), Stats.;

DHS 107.32(1)(a)2.c. c. Require the person to receive services from 2 or more of the following service systems: mental health, social services, child protective services, juvenile justice and special education; and

DHS 107.32(1)(a)2.d. d. Include mental or emotional disturbances diagnosable under DSM-III-R. Adult diagnostic categories appropriate for children and adolescents are organic mental disorders, psychoactive substance use disorders, schizophrenia, mood disorders, schizophreniform disorders, somatoform disorders, sexual disorders, adjustment disorder, personality disorders and psychological factors affecting physical condition. Disorders usually first evident in infancy, childhood and adolescence include pervasive developmental disorders (Axis II), conduct disorder, anxiety disorders of childhood or adolescence and tic disorders.

DHS 107.32 Note Note: DSM-111-R is the 1987 revision of the 3rd edition (1980) of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

DHS 107.32(1)(a)3. 3. Case management services under par. (d) are available as benefits to a recipient identified in subd. 2. if:

DHS 107.32(1)(a)3.a. a. The recipient is eligible for and receiving services in addition to case management from an agency or through medical assistance which enable the recipient to live in a community setting; and

DHS 107.32(1)(a)3.b. b. The agency has a completed case plan on file for the recipient.

DHS 107.32(1)(a)4. 4. The standards specified in s. 46.27, Stats., for assessments, case planning and ongoing monitoring and service coordination shall apply to all covered case management services.

DHS 107.32 Note Note: Section 46.27, Stats., has been repealed.

DHS 107.32(1)(b) (b) Case assessment. A comprehensive assessment of a recipient’s abilities, deficits and needs is a covered case management service. The assessment shall be made by a qualified employee of the certified case management agency or by a qualified employee of an agency under contract to the case management agency. The assessment shall be completed in writing and shall include face-to-face contact with the recipient. Persons performing assessments shall possess skills and knowledge of the needs and dysfunctions of the specific target population in which the recipient is included. Persons from other relevant disciplines shall be included when results of the assessment are interpreted. The assessment shall document gaps in service and the recipient’s unmet needs, to enable the case management provider to act as an advocate for the recipient and assist other human service providers in planning and program development on the recipient’s behalf. All services which are appropriate to the recipient’s needs shall be identified in the assessment, regardless of availability or accessibility of providers or their ability to provide the needed service. The written assessment of a recipient shall include:

DHS 107.32(1)(b)1. 1. Identifying information;

DHS 107.32(1)(b)2. 2. A record of any physical or dental health assessments and consideration of any potential for rehabilitation;

DHS 107.32(1)(b)3. 3. A record of the multi-disciplinary team evaluation required for a recipient who is a severely emotionally disturbed child under s. 49.45 (25), Stats.;

DHS 107.32(1)(b)4. 4. A review of the recipient’s performance in carrying out activities of daily living, including moving about, caring for self, doing household chores and conducting personal business, and the amount of assistance required;

DHS 107.32(1)(b)5. 5. Social status and skills;

DHS 107.32(1)(b)6. 6. Psychiatric symptomatology, and mental and emotional status;

DHS 107.32(1)(b)7. 7. Identification of social relationships and support, as follows:

DHS 107.32(1)(b)7.a. a. Informal caregivers, such as family, friends and volunteers; and

DHS 107.32(1)(b)7.b. b. Formal service providers;

DHS 107.32(1)(b)8. 8. Significant issues in the recipient’s relationships and social environment;

DHS 107.32(1)(b)9. 9. A description of the recipient’s physical environment, especially in regard to safety and mobility in the home and accessibility;

DHS 107.32(1)(b)10. 10. The recipient’s need for housing, residential support, adaptive equipment and assistance with decision-making;

DHS 107.32(1)(b)11. 11. An in-depth financial resource analysis, including identification of insurance, veterans’ benefits and other sources of financial and similar assistance;

DHS 107.32(1)(b)12. 12. If appropriate, vocational and educational status, including prognosis for employment, rehabilitation, educational and vocational needs, and the availability and appropriateness of educational, rehabilitation and vocational programs;

DHS 107.32(1)(b)13. 13. If appropriate, legal status, including whether there is a guardian and any other involvement with the legal system;

DHS 107.32(1)(b)14. 14. Accessibility to community resources which the recipient needs or wants; and

DHS 107.32(1)(b)15. 15. Assessment of drug and alcohol use and misuse, for AODA target population recipients.

DHS 107.32(1)(c) (c) Case planning. Following the assessment with its determination of need for case management services, a written plan of care shall be developed to address the needs of the recipient. Development of the written plan of care is a covered case management service. To the maximum extent possible, the development of a care plan shall be a collaborative process involving the recipient, the family or other supportive persons and the case management provider. The plan of care shall be a negotiated agreement on the short and long term goals of care and shall include:

DHS 107.32(1)(c)1. 1. Problems identified during the assessment;

DHS 107.32(1)(c)2. 2. Goals to be achieved;

DHS 107.32(1)(c)3. 3. Identification of all formal services to be arranged for the recipient and their costs and the names of the service providers;

DHS 107.32(1)(c)4. 4. Development of a support system, including a description of the recipient’s informal support system;

DHS 107.32(1)(c)5. 5. Identification of individuals who participated in development of the plan of care;

DHS 107.32(1)(c)6. 6. Schedules of initiation and frequency of the various services to be made available to the recipient; and

DHS 107.32(1)(c)7. 7. Documentation of unmet needs and gaps in service.

DHS 107.32(1)(d) (d) Ongoing monitoring and service coordination. Ongoing monitoring of services and service coordination are covered case management services when performed by a single and identifiable employee of the agency or person under contract to the agency who meets the requirements under s. DHS 105.51 (2) (b). This person, the case manager, shall monitor services to ensure that quality service is being provided and shall evaluate whether a particular service is effectively meeting the client’s needs. Where possible, the case manager shall periodically observe the actual delivery of services and periodically have the recipient evaluate the quality, relevancy and desirability of the services he or she is receiving. The case manager shall record all monitoring and quality assurance activities and place the original copies of these records in the recipient’s file. Ongoing monitoring of services and service coordination include:

DHS 107.32(1)(d)1. 1. Face to face and phone contacts with recipients for the purpose of assessing or reassessing their needs or planning or monitoring services. Included in this activity are travel time to see a recipient and other allowable overhead costs that must be incurred to provide the service;

DHS 107.32(1)(d)2. 2. Face to face and phone contact with collaterals for the purposes of mobilizing services and support, advocating on behalf of a specific eligible recipient, educating collaterals on client needs and the goals and services specified in the plan, and coordinating services specified in the plan. In this paragraph, “collateral” means anyone involved with the recipient, including a paid provider, a family member, a guardian, a housemate, a school representative, a friend or a volunteer. Collateral contacts also include case management staff time spent on case-specific staffings and formal case consultation with a unit supervisor and other professionals regarding the needs of a specific recipient. All contacts with collaterals shall be documented and may include travel time and other allowable overhead costs that must be incurred to provide the service; and

DHS 107.32(1)(d)3. 3. Recordkeeping necessary for case planning, service implementation, coordination and monitoring. This includes preparing court reports, updating case plans, making notes about case activity in the client file, preparing and responding to correspondence with clients and collaterals, gathering data and preparing application forms for community programs, and reports. All time spent on recordkeeping activities shall be documented in the case record. A provider, however, may not bill for recordkeeping activities if there was no client or collateral contact during the billable month.

DHS 107.32(2) (2) Other limitations.

DHS 107.32(2)(a) (a) Reimbursement for assessment and case plan development shall be limited to no more than one each for a recipient in a calendar year unless the recipient’s county of residence has changed, in which case a second assessment or case plan may be reimbursed.

DHS 107.32(2)(b) (b) Reimbursement for ongoing monitoring and service coordination shall be limited to one claim for each recipient by county per month and shall be only for the services of the recipient’s designated case manager.

DHS 107.32(2)(c) (c) Ongoing monitoring or service coordination is not available to recipients residing in hospitals, intermediate care or skilled nursing facilities. In these facilities, case management is expected to be provided as part of that facility’s reimbursement.

DHS 107.32(2)(d) (d) Case management services are not reimbursable when rendered to a recipient who, on the date of service, is enrolled in a health maintenance organization under s. DHS 107.28.

DHS 107.32(2)(e) (e) Persons who require institutional care and who receive services beyond those available under the MA state plan but which are funded by MA under a federal waiver are ineligible for case management services under this section. Case management services for these persons shall be reimbursed as part of the regular per diem available under federal waivers and included as part of the waiver fiscal report.

DHS 107.32(2)(f) (f) A recipient receiving case management services, or the recipient’s parents, if the recipient is a minor child, or guardian, if the recipient has been judged incompetent by a court, may choose a case manager to perform ongoing monitoring and service coordination, and may change case managers, subject to the case manager’s or agency’s capacity to provide services under this section.

DHS 107.32(3) (3) Non-covered services. Services not covered as case management services or included in the calculation of overhead charges are any services which:

DHS 107.32(3)(a) (a) Involve provision of diagnosis, treatment or other direct services, including:

DHS 107.32(3)(a)1. 1. Diagnosis of a physical or mental illness;

DHS 107.32(3)(a)2. 2. Monitoring of clinical symptoms;

DHS 107.32(3)(a)3. 3. Administration of medications;

DHS 107.32(3)(a)4. 4. Client education and training;

DHS 107.32(3)(a)5. 5. Legal advocacy by an attorney or paralegal;

DHS 107.32(3)(a)6. 6. Provision of supportive home care;

DHS 107.32(3)(a)7. 7. Home health care;

DHS 107.32(3)(a)8. 8. Personal care; and

DHS 107.32(3)(a)9. 9. Any other professional service which is a covered service under this chapter and which is provided by an MA certified or certifiable provider, including time spent in a staffing or case conference for the purpose of case management; or

DHS 107.32(3)(b) (b) Involve information and referral services which are not based on a plan of care.

DHS 107.32 History History: Cr. Register, February, 1988, No. 386, eff. 3-1-88; corrections in (1) (a) 1. and (d) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636.

DHS 107.33 DHS 107.33 Ambulatory prenatal services for recipients with presumptive eligibility.

DHS 107.33(1) (1) Covered services. Ambulatory prenatal care services are covered services. These services include treatment of conditions or complications that are caused by, exist or are exacerbated by a pregnant woman’s pregnant condition.

DHS 107.33(2) (2) Prior authorization. An ambulatory prenatal service may be subject to a prior authorization requirement, when appropriate, as described in this chapter.

DHS 107.33(3) (3) Other limitations.

DHS 107.33(3)(a) (a) Ambulatory prenatal services shall be reimbursed only if the recipient has been determined to have presumptive MA eligibility under s. 49.465, Stats., by a qualified provider under s. DHS 103.11.

DHS 107.33(3)(b) (b) Services under this section shall be provided by a provider certified under ch. DHS 105.

DHS 107.33 History History: Cr. Register, February, 1988, No. 386, eff. 3-1-88; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636.

DHS 107.34 DHS 107.34 Prenatal care coordination services.

DHS 107.34(1) (1) Covered services.

DHS 107.34(1)(a) (a) General.

DHS 107.34(1)(a)1. 1. Prenatal care coordination services covered by MA are services described in this section that are provided by an agency certified under s. DHS 105.52 or by a qualified person under contract with an agency certified under s. DHS 105.52 to help a recipient and, when appropriate, the recipient’s family gain access to medical, social, educational and other services needed for a successful pregnancy outcome. Nutrition counseling and health education are covered services when medically necessary to ameliorate identified high-risk factors for the pregnancy. In this subdivision,“successful pregnancy outcome” means the birth of a healthy infant to a healthy mother.

DHS 107.34(1)(a)2. 2. Prenatal care coordination services are available as an MA benefit to recipients who are pregnant, from the beginning of the pregnancy up to the sixty-first day after delivery, and who are at high risk for adverse pregnancy outcomes. In this subdivision, “high risk for adverse pregnancy outcome” means that a pregnant woman requires additional prenatal care services and follow-up because of medical or nonmedical factors, such as psychosocial, behavioral, environmental, educational or nutritional factors that significantly increase her probability of having a low birth weight baby, a preterm birth or other negative birth outcome. “Low birth weight” means a birth weight less than 2500 grams or 5.5 pounds and “preterm birth” means a birth before the gestational age of 37 weeks. The determination of high risk for adverse pregnancy outcome shall be made by use of the risk assessment tool under par. (c).