SECTION 10. DHS 90.12 (4) (a) is amended to read:
DHS 90.12 (4) (a) The parent of a child may review all early intervention records concerning the child unless the county administrative agency has been advised provided documentation that the parent does not have the authority under state law to review a record under state law governing such matters as custody, foster care, guardianship, separation and divorce.
SECTION 11. DHS 90.12 (4) (b) 1. is amended to read:
DHS 90.12 (4) (b) 1. Make the records available to the parent without unnecessary delay but not later than 15 working10 days following the date of the request except that, if the request is in connection with a meeting on the individualized family service plan or a hearing to resolve a dispute or complaint involving the parent and the county agency or service provider, the records shall be made available at least 5 days before the meeting or hearing but in no case later than 15 working10 days following the date of the request;
SECTION 12. DHS 90.12 (5) (b) 3. (Note) is repealed.
SECTION 13. DHS 90.12 (5) (c) is amended to read:
DHS 90.12 (5) (c) Appointment of mediator. 1. a. A party that requests mediation may nominate a mediator from the roster under par. (d). If a party nominates a mediator, the department shall include in the notice under par. (b) 1. the name of the nominated mediator.
b. If both parties nominate the same person as mediator, the department shall appoint that person as mediator if he or she is on the roster under par. (d) and available to mediate.
c. If both parties request mediation but neither party nominates a mediator, the department shall propose a mediator from the roster under par. (d).
d. If both parties consent to mediation but the party that requests mediation does not nominate a mediator, the nominated mediator is not available or the other party does not consent to the appointment of the nominated mediator, the department shall propose a mediator from the roster under par. (d).
2. Whenever the department proposes a mediator under subd. 1. c. or d., the department shall send information about the mediator’s training and experience to both parties. Within 2 business days after receiving the information, either party may request the department to propose a different mediator from the roster under par. (d).
3. Both parties may agree to use a mediator not listed on the roster in par. (d). If the parties choose a non−roster mediator, the parties shall agree to pay the compensation of that mediator as provided in par. (g) 3.The department shall select mediators on a random, rotational, or other impartial basis.
SECTION 14. DHS 90.12 (6) (a) 2. c. (Note) is repealed.
SECTION 15. DHS 90.12 (6) (b) (Note) is repealed.
SECTION 16. DHS 90.12 (6) (d) 4. d. is amended to read:
DHS 90.12 (6) (d) 4. d. Issue a written decision, and mail it to both parties and to the state birth to 3 program coordinator not later than 4530 days after receipt of the request for hearing under par. (b), unless granting an extension of the time period limit at the request of either party. If an extension is granted, the impartial decision−maker shall include that extension and the reason for it in the hearing record; and
SECTION 17. DHS 103.04 (7) (d) is amended to read:
DHS 103.04 (7) (d) 18Under 19 year old case. An 18Any person under 19 years old who resides with a parent or parents maymust have his or her BadgerCare eligibility determined either with the parent(s) or parents or separately.
SECTION 18. DHS 103.085 (3) (b) 2. is repealed.
SECTION 19. DHS 103.085 (6) is repealed.
SECTION 20. DHS 104.01 (3) is amended to read:
DHS 104.01 (3) CONFIDENTIALITY OF MEDICAL INFORMATION. Information about recipients shall be confidential and only disclosable in accordance with ss. 146.81 to 146.83, Stats 42 CFR pt. 2 and ss. 146.48 to 146.83, Stats. No privilege exists under MA regarding communications or disclosures of information requested by appropriate federal or state agencies or their authorized agents concerning the extent or kind of services provided recipients under the program. The disclosure by a provider of these communications or medical records, made in good faith under the requirements of this program, shall not create any civil liability or provide any basis for criminal actions for unprofessional conduct. SECTION 21. DHS 104.01 (9) (b) 2. g., is repealed.
SECTION 22. DHS 104.02 (1) is amended to read:
DHS 104.02 Recipient duties. (1) NOT TO SEEK DUPLICATION OF SERVICES. A recipient may not seek the same or similar services from more than one provider, except as provided in s. DHS 104.04. SECTION 23. DHS 104.02 (1) (Note) is repealed.
SECTION 24. DHS 105.02 (5) is amended to read:
DHS 105.02 (5) PARTICIPATION IN SURVEYS. Nursing home and hospital providersProviders shall participate in surveys conducted for research and MA policy purposes by the department or its designated contractors. Participation involves accurate completion of the survey questionnaire and return of the completed survey form to the department or to the designated contractor within the specified time period.
SECTION 25. DHS 105.16 (6) (a) (intro.) is amended to read:
DHS 105.16 (6) (a) A certified home health agency may be certified to provide respiratory care services under s. DHS 107.113 if registered nurses, licensed practical nurses and respiratory therapists employed by or under contract to the agency and providing these services are certified under ch. Med 20 and: SECTION 26. DHS 105.19 (1) (b) is amended to read:
DHS 105.19 (1) (b) For MA certification to perform respiratory care services as a provider in independent practice, the provider shall be certified pursuant to ch. Med 20 and shall be a nurse described in par. (a) or a respiratory therapist. Any person providing or supervising respiratory care who is not credentialed by the national board on respiratory care shall know how to perform the services under s. DHS 107.113 (1) and shall have the skills necessary to perform those services. Skills required to perform services listed in s. DHS 107.113 (1) (e) to (f) are required on a case−by−case basis, as appropriate. In no case may a person provide respiratory care before that person has demonstrated competence in all areas under s. DHS 107.113 (1) (a) to (d). A registered nurse who fulfills these requirements shall coordinate the recipient’s care. SECTION 27. DHS 105.22 (1) (b) is amended to read:
DHS 105.22 (1) (b) A psychologist licensed under ch. 455, Stats., who is listed or eligible to be listed in the national register of health service providers in psychology; SECTION 28. DHS 105.22 (1) (bn) to (br) are created to read:
DHS 105.22 (1) (bn) A marriage and family therapist licensed under s. 457.10, Stats., including holding a valid training or temporary license; DHS 105.22 (1) (bo) A professional counselor licensed under s. 457.12, Stats., including holding a valid training or temporary license; DHS 105.22 (1) (bp) An advanced practice social worker certified under s. 457.08 (2), Stats.; DHS 105.22 (1) (bq) An independent social worker certified under s. 457.08 (3), Stats.; DHS 105.22 (1) (br) A clinical social worker licensed under s. 457.08 (4), Stats.; SECTION 29. DHS 105.22 (3) is amended to read:
DHS 105.22 (3) REIMBURSEMENT FOR OUTPATIENT PSYCHOTHERAPY SERVICES. Reimbursement shall be made to any certified outpatient mental health clinic meeting the requirement under sub. (1) (c) for services rendered by any provider who meets the applicable requirements under ch. DHS 35 and working for that clinic, except that a provider certified under sub. (1) (a), (b), or (bm) may be reimbursed directlypsychotherapy provider whose practice, as described by individual licensure or clinic certification regulations, allows for the delivery of psychotherapy without clinical supervision. For outpatient psychotherapy services delivered by certified providers who are required, under individual licensure or clinic certification regulations, to practice under a clinical supervisor, reimbursement shall be made to the supervising provider. The supervising provider must be MA certified. SECTION 30. DHS 105.23 (1) (c) is amended to read:
DHS 105.23 (1) TYPES OF PROVIDERS. For MA certification, an outpatient alcohol and other drug abuse (AODA) treatment provider shall be:
(a) An outpatient facility operated by a board and certified under s. DHS 75.13; (b) An outpatient facility or hospital outpatient AODA facility certified under s. DHS 75.13; or SECTION 31. DHS 106.06 (27) is repealed.
SECTION 32. DHS 107.03 (12) is amended to read:
SECTION 33. DHS 107.06 (4) (e) is repealed.
SECTION 34. DHS 107.09 (4) (v) is repealed.
SECTION 35. DHS 107.112 (2) (a) and (4) (e) are amended to read:
DHS 107.112 (2) (a) Prior authorization is required for personal care services in excess of 25050 hours per calendar year.
DHS 107.112 (4) (e) Personal care services provided in excess of 25050 hours per calendar year without prior authorization;
SECTION 36. DHS 107.13 (2) (d) 1. is amended to read:
DHS 107.13 (2) (d) Non−covered services. 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. 49.45 (29y), Stats., and s. DHS 107.06 (4) (d). SECTION 37. DHS 107.24 (2) (c) 1. and 4. to 6. are amended to read:
DHS 107.24 (2) (c) 1. Occupational therapy assistive or adaptive equipment. This is medical equipment used in a recipient’s home to assist a disabled person to adapt to the environment or achieve independence in performing daily personal functions. Examples are adaptive hygiene equipment, adaptive positioning equipment and adaptive eating utensils.
DHS 107.24 (2) (c) 4. Other home health care durable medical equipment. This is medical equipment used in a recipient’s home to increase the independence of a disabled person or modify certain disabling conditions. Examples are patient lifts, hospital beds and traction equipment.
DHS 107.24 (2) (c) 5. Oxygen therapy equipment. This is medical equipment used in a recipient’s home for the administration of oxygen or medical formulas or to assist with respiratory functions. Examples are a nebulizer, a respirator and a liquid oxygen system.
DHS 107.24 (2) (c) 6. Physical therapy splinting or adaptive equipment. This is medical equipment used in a recipient’s home to assist a disabled person to achieve independence in performing daily activities. Examples are splints and positioning equipment.
SECTION 38. DHS 107.30 (3) (b) and (Note) are repealed.
SECTION 39. DHS 109.03 (12) is amended to read:
DHS 109.03 (12) “Program payment rate” means the rate of payment made for the identical drug specified under s. 49.46 (2) (b) 6. h., Stats., plus 5%, plus a dispensing fee that is equal to the dispensing fee permitted to be charged for prescription drugs for which coverage is provided under s. 49.46 (2) (b) 6. h., Stats. SECTION 40. DHS 152.02 (25) is repealed.
SECTION 41. DHS 250.03 (1) is repealed.
SECTION 42. DHS 250.03 (15) is created to read:
DHS 250.03 (15) “Wisconsin Works” means the assistance program under ss. 49.141 to 49.161, Stats. SECTION 43. DHS 250.06 (1) (a) is amended to read:
DHS 250.06 (1) (a) Waiver of the prohibition against receiving AFDC Wisconsin Works or SSI may be granted in cases of unusual misfortune or hardship as determined by the tribal governing body.
SECTION 44. DHS 251.03 (13) is repealed.
SECTION 45. Effective date. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register, as provided in § 227.22 (2), Stats.
