SECTION 1. DHS 10.31 (4) (b) is amended to read:
DHS 10.31 (4) (b) Signing the application. The applicant or the applicant’s legal guardian, authorized representative or, where the applicant is incapacitated, someone acting responsibly for the applicant, shall sign each application form. in the presence of a representative of the agency. The signatures of 2 witnesses are required when the applicant signs the application with a mark The signature may be provided using electronic methods identified by the department as constituting a signature.
SECTION 2. DHS 10.31 (4) (b), as affected by this rule, is amended to read:
DHS 10.31 (4) (b) Signing the application. The applicant or the applicant’s legal guardian, authorized representative or, where the applicant is incapacitated, someone acting responsibly for the applicant, shall sign each application form .The signature may be provided using electronic methods identified by the department as constituting a signature. in the presence of a representative of the agency. The signatures of 2 witnesses are required when the applicant signs the application with a mark.
SECTION 3. DHS 10.32 (4) is amended to read:
DHS 10.32 (4) Review of eligibility. Enrollees' eligibility for the family care benefit shall be re-determined annually or more often when a county agency has information indicating that a change has occurred in an enrollee's circumstances that would affect his or her eligibility or cost sharing requirements. This subsection shall not be enforced until the first day of the month following the end of the emergency period defined in par. (1)(B) or s. 1135(g) of the Social Security Act, 42 USC 1320b-5(g)), and declared by the United States Secretary of Health And Human Services in relation to the COVID-19 pandemic. SECTION 4. DHS 10.32 (4), as affected by this rule, is amended to read:
DHS 10.32 (4) REVIEW OF ELIGIBILITY. Enrollees' eligibility for the family care benefit shall be re-determined annually or more often when a county agency has information indicating that a change has occurred in an enrollee's circumstances that would affect his or her eligibility or cost sharing requirements. This subsection shall not be enforced until the first day of the month following the end of the emergency period defined in par. (1)(B) or s. 1135(g) of the Social Security Act, 42 USC 1320b-5(g)), and declared by the United States Secretary of Health And Human Services in relation to the COVID-19 pandemic. SECTION 5. DHS 10.34 (4) (a) is amended to read:
DHS 10.34 (4) (a) Except as provided in par. (b), a person who is required to contribute to the cost of his or her care but who fails to make the required contributions is ineligible for the family care benefit. Individuals who do not make the required contributions under this paragraph shall not be deemed ineligible for the family care benefit until the first day of the month following the end of the emergency period defined in par. (1)(B) or s. 1135(g) of the Social Security Act, 42 USC 1320b-5(g)), and declared by the United States Secretary of Health And Human Services in relation to the COVID-19 pandemic. SECTION 6. DHS 10.34 (4) (a), as affected by this rule, is amended to read:
DHS 10.34 (4) (a) Except as provided in par. (b), a person who is required to contribute to the cost of his or her care but who fails to make the required contributions is ineligible for the family care benefit. Individuals who do not make the required contributions under this paragraph shall not be deemed ineligible for the family care benefit until the first day of the month following the end of the emergency period defined in par. (1)(B) or s. 1135(g) of the Social Security Act, 42 USC 1320b-5(g)), and declared by the United States Secretary of Health And Human Services in relation to the COVID-19 pandemic. SECTION 7. DHS 10.44 (2) (e) is amended to read:
DHS 10.44 (2) (e) The CMO shall use assessment protocols that include a face−to−face an interview with the enrollee and that comprehensively assess and identify all of the following:
SECTION 8. DHS 10.44 (2) (e), as affected by this rule, is amended to read:
The CMO shall use assessment protocols that include an a face−to−face interview with the enrollee and that comprehensively assess and identify all of the following:
SECTION 9. DHS 10.45 (2) (b) is amended to read:
DHS 10.45 (2) (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. This paragraph shall be suspended until the first day of the month following the end of the emergency period defined in par. (1)(B) or s. 1135(g) of the Social Security Act, 42 USC 1320b-5(g)), and declared by the United States Secretary of Health And Human Services in relation to the COVID-19 pandemic. SECTION 10. DHS 10.45 (2) (b), as affected by this rule, is amended to read:
DHS 10.45 (2) (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. This paragraph shall be suspended until the first day of the month following the end of the emergency period defined in par. (1)(B) or s. 1135(g) of the Social Security Act, 42 USC 1320b-5(g)), and declared by the United States Secretary of Health And Human Services in relation to the COVID-19 pandemic. SECTION 11. Effective dates. In accordance with s. 227.22 (2) (intro.), Stats., these rules shall take effect on the first day of the month following publication in the administrative register, except as follows: Sections 2 and 8 of this rule order shall take effect upon the termination of the Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the 1915 (c) Family Care program waiver.
Sections 4, 6, and 10 of this rule order shall take effect on the first day of the month after the emergency period, as defined in s. 1135 (g) (1) (b) of the Social Security Act, 42 U.S.C. 1320b-5 (g) (1) (B) and declared in response to the COVID-19 pandemic, ends.
