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.a.a. Recruiting.
DHS 10.44(6)(c)12.b.b. Screening.
DHS 10.44(6)(c)12.c.c. Interviewing.
DHS 10.44(6)(c)12.d.d. Hiring and firing.
DHS 10.44(6)(c)12.e.e. Setting the level of wages.
DHS 10.44(6)(c)12.f.f. Setting workers tasks and hours.
DHS 10.44(6)(c)12.g.g. Authorizing and making payment for services delivered.
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)12.i.i. Assistance in procuring additional optional employee benefits.
DHS 10.44(6)(c)12.j.j. Training workers.
DHS 10.44(6)(c)12.k.k. Assessing member liability.
DHS 10.44(6)(c)12.L.L. Supervising and disciplining workers.
DHS 10.44(6)(c)12.m.m. Arranging back-up workers or services.
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.a.a. The health and safety of the enrollee or another person is threatened.
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.d.d. Funds have been used for illegal purposes.
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 HistoryHistory: 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 10.45DHS 10.45Operational requirements for CMOs.