Analysis and supporting documents used to determine effect on small business
The proposed rules do not impose regulatory requirements on businesses, including small businesses.
Effect on small business
The proposed rules do not impose requirements on businesses, including small businesses.
Agency contact person
Statement on quality of agency data
To prepare the text and analysis of the proposed rules, the department relied on the language in ss. 49.45 (30f) and 49.46 (2) (b) 6. f., fm., k., and Lr., Stats.; 2013 Wisconsin Act 20 relating to expansion of the MA outpatient mental health coverage to include in-home psychotherapy services for children (see, LFB Budget Summary); and the existing rules affected by this proposed rule to determine the changes required to conform the rules to statute and to effectuate the changes necessary to permit the provision of in-home psychotherapy services for children. RULE TEXT
SECTION 1. DHS 35.16 (4) (b) is repealed.
SECTION 2. DHS 35.16 (4) (a) is renumbered s. DHS 35.16 (4).
SECTION 3. DHS 107.02 (2m) (a) 7. is repealed.
SECTION 4. DHS 107.13 (2) (a) (intro.) is amended to read:
DHS 107.13 (2) OUTPATIENT PSYCHOTHERAPY SERVICES. (a) Covered services. Except as provided in par. (b), outpatient psychotherapy services shall be covered services when prescribed by a physician, when provided by a provider certified under s. DHS 105.22, and when the following conditions are met: SECTION 5. DHS 107.13 (2) (a) 2. is repealed.
SECTION 6. DHS 107.13 (2) (a) 4. (intro.) is amended to read:
DHS 107.13 (2) (a) 4. (intro.) Psychotherapy is performed only in any of the following:
SECTION 7. DHS 107.13 (2) (a) 4. g. is created to read:
DHS 107.13 (2) (a) 4. g. The home.
SECTION 8. DHS 107.13 (2) (b) 4. b. is repealed.
SECTION 9. DHS 107.13 (2) (d) (intro.) and 1. to 3. are amended to read:
DHS 107.13 (2) (d) Non-covered services. The All of the following services are not covered services: 1. Collateral interviews with persons not stipulated in par. (c) 1., and consultations, except as provided in s. DHS 107.06 (4) (d);. 2. Psychotherapy for persons with the primary diagnosis of developmental disabilities, including mental retardation, except when they experience psychological problems that necessitate psychotherapeutic intervention;.
3. Psychotherapy For individuals age 21 and over, psychotherapy provided in a person’s home;.
SECTION 10. DHS 107.13 (2) (d) 3. Note is created to read:
DHS 107.13 (2) (d) 3. Note: Section 49.45 (45), Stats., provides for in-home community mental health and alcohol and other drug abuse (AODA) services for individuals age 21 and over. However, these services are available to an individual only if the county, city, town or village in which the individual resides elects to make the services available and agrees to pay the non-federal share of the cost of those services. SECTION 11. DHS 107.13 (2) (d) 4. is amended to read:
DHS 107.13 (2) (d) 4. Self-referrals. For purposes of this paragraph, "self-referral" means that a provider refers a recipient to an agency in which the provider has a direct financial interest, or to himself or herself acting as a practitioner in private practice; and.
SECTION 12. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2), Stats. Wisconsin Department of Health Services
Dated: July 17, 2015
__________________________________
Kitty Rhoades, Secretary
SEAL:
