Chapter DHS 1

DHS 1.06(2)(a) (a) The amount established under s. DHS 1.05 (4) has not been received for 90 consecutive days.

DHS 1.06(2)(b) (b) The department or county department has notified all applicable liable persons under s. DHS 1.04 (1) at least 3 times using 30, 60, and 90 day dunning letters or their equivalent of the missed payments and documented each notification attempt.

DHS 1.06(3) (3) Non-pursuit. The department or county department may not attempt to engage in collection efforts established under this chapter any time that a liable person does not have ability to pay under s. DHS 1.05 (4).

DHS 1.06(4) (4) Enforcement. The department or county department may enter into agreement or settlement with a liable person, or issue an order to compel payment as provided under s. 46.10, Stats. The department or county department shall send an order to compel by certified mail to the last known address of a liable person.

DHS 1.06(5) (5) Use of collection agencies. The department may establish a written agreement with a collection agency or with the Wisconsin department of revenue to perform any duties and responsibilities under this section, or under ss. 71.93 and 71.935, Stats. A collection agency shall comply with the requirements specified in s. 218.04, Stats.

DHS 1.06(6) (6) Appeals. A person aggrieved by an order to compel payment, issued by the department under sub. (4), may appeal the order as a contested case under ch. 227, Stats., as follows:

DHS 1.06(6)(a) (a) A request for appeal must be mailed to the department of administration’s division of hearings and appeals, within 30 days after the date of the order.

DHS 1.06(6)(b) (b) A request shall be deemed filed on the day that it is received by the department of administration’s division of hearings and appeals.

DHS 1.06 Note Note: Divisions of Hearings and Appeals

DHS 1.06 Note P.O. Box 7875

DHS 1.06 Note 4822 Madison Yards Way #5

DHS 1.06 Note Madison, WI 53707-7875

DHS 1.06 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1), r. and recr. (2) (a) and (b), cr. (2) (c) to (e), r. and recr. (3) (a), renum. (3) (b) and (c) to be (3) (d) and (e), cr. (3) (b) and (c), Register, November, 1979, No. 287, eff. 1-1-80; correction in (2) (d) 5. made under s. 13.92 (4) (b) 7., Stats., Register June 2008 No. 630; CR 10-146: r. and recr. (3) (d), r. (3) (e) Register May 2011 No. 665, eff. 6-1-11; CR 19-020: r. and recr. Register December 2019 No. 768, eff. 1-1-20; correction in (2) (intro.), (5) made under s. 35.17, Stats., Register December 2019 No. 768.

DHS 1.065 DHS 1.065 Children’s long-term support parental payment limits.

DHS 1.065(1) (1) Authority, purpose and scope.

DHS 1.065(1)(a) (a) This section establishes a parental payment limit for certain children’s long-term support services identified in this subsection. These provisions apply to all county administrative agencies that administer the services to which this section applies.

DHS 1.065(1)(b) (b) This section applies to children’s services of a type that may be reimbursed under a waiver under the disabled children’s long-term support program as defined in s. 46.011 (1g), Stats., regardless of whether those services are actually reimbursed under that program, under the community integration program waivers under s. 46.275, 46.277 or 46.278, Stats., or otherwise with federal, state or county funds.

DHS 1.065(1)(c) (c) This section applies to services for children under the children’s community options program under s. 46.272, Stats.

DHS 1.065(2) (2) Definitions. In this section:

DHS 1.065(2)(a) (a) “County administrative agency” means the county department designated to administer and provide or contract for children’s services covered by this section in that county.

DHS 1.065(2)(b) (b) “Service plan” means a written plan for providing services covered by this section.

DHS 1.065(3) (3) Determining parental payment limits. The county administrative agency shall determine the parental payment limit for each child receiving services covered by this section. The county administrative agency shall determine the parental payment limit for services covered by this section in the following manner:

DHS 1.065(3)(a) (a) Determine the annual parental income. If the parents live in separate households and the child receiving services covered by this section resides in both households, determine a separate parental payment limit for each household.

DHS 1.065(3)(b) (b) Subtract the higher of the following:

DHS 1.065(3)(b)1. 1. The department’s standard disability allowance.

DHS 1.065(3)(b)2. 2. Allowable medical or dental expenses claimed for the child on schedule A of the parent’s most recent internal revenue service tax form 1040 that was filed with the internal revenue service.

DHS 1.065 Note Note: The Internal Revenue Service (IRS) has a web-based guide to assist in identifying which expenses may be claimed to Schedule A of the 1040 form for allowable medical and dental expenses that would qualify as itemized deductions. Please see IRS Publication 502 at the following address http:www.irs.gov/publications/p502/index.html

DHS 1.065 Note Note: The Department’s standard disability allowance can be found on the Department’s website at http://www.dhs.wisconsin.gov/children/clts/ppl/index.htm.

DHS 1.065(3)(c) (c) Determine the federal poverty level based on current federal poverty guidelines for the family size. If the parents live in separate households and the child resides in both households, determine the family size and federal poverty level for each household.

DHS 1.065(3)(d) (d) Determine whether the income, adjusted as provided in under par. (b) is at or above 330% of the federal poverty level and identify the percentage of the annual service plan costs owed based on the most current Children’s Long-term Support Parental Payment Limit Worksheet provided by the department. Use Table DHS 1.065 to determine the percentage of service plan costs for which the parents may be liable.

Table DHS 1.065

- See PDF for table

DHS 1.065 Note Note: The federal poverty guidelines are adjusted yearly by the federal Office of Management and Budget under 42 USC § 9902 (2) and are published annually in the Federal Register. The federal poverty guidelines and the CLTS Parental Payment Limit Worksheet are distributed annually by the Department to counties for use in calculating the parental payment limit. To receive the current federal poverty guidelines and the CLTS Parental Payment Limit Worksheet, contact the Division of Medicaid Services, P.O. Box 7851, Madison, WI 53707-7851, or visit the Department’s website at http://www.dhs.wisconsin.gov/children/clts/ppl/index.htm.

DHS 1.065(3)(e) (e) Compute the annual cost of the child’s service plan. Subtract administrative and support and service coordination functions.

DHS 1.065(3)(f) (f) For families with an income over 330% of the federal poverty level, multiply the percentage established in par. (d) by the amount established in par. (e).

DHS 1.065(3m) (3m) Amending calculated payment limits.

DHS 1.065(3m)(a) (a) The parental payment limit is the amount calculated under sub. (3) (f).

DHS 1.065(3m)(b) (b) If a parent refuses to provide financial information to the administering agency, then their parental payment limit shall be 41% of the annual cost of the child’s service plan.

DHS 1.065(3m)(c) (c) A county may consider a family’s financial hardship when determining the parental payment limit.

DHS 1.065(4) (4) Notification of parental financial obligation. The county administrative agency shall provide written notice to the parents of the amount of annual parental financial obligation due before the service plan is implemented, or as soon thereafter as administratively possible, that includes all of the following:

DHS 1.065(4)(a) (a) The date of the implementation of the parental financial obligation, which is the start date on the service plan.

DHS 1.065(4)(b) (b) The annual amount due, with a breakdown of monthly minimum requirements.

DHS 1.065(4)(c) (c) Procedures offered by the county administrative agency for reconsideration of the parental financial obligation.

DHS 1.065 History History: CR 08-017: cr. Register June 2008 No. 630, eff. 7-1-08; CR 19-020: am. (1) (c) Register December 2019 No. 768, eff. 1-1-20; CR 23-046: am. (1) (b), (3) (intro.) Register April 2024 No. 820, eff. 5-1-24; correction in (1) (b) made under s. 35.17, Stats., Register April 2024 No. 820.

DHS 1.07 DHS 1.07 Delegation.

DHS 1.07(1) (1) General. The department may delegate duties and responsibilities under this chapter, as provided in ss. 46.03 (18) (e) and 46.10 (16), Stats.

DHS 1.07(2) (2) Process. A request for delegation under sub. (1) shall be submitted to the department. The department shall notify a county requesting any such delegation of its approval or denial, and specify any conditions of such delegation.

DHS 1.07 History History: Emerg. cr. HSS 1.07, eff. 1-22-97; cr. Register, August, 1997, No. 500, eff. 9-1-97; corrections in (2) (intro.), (b), (6) (intro.), (a), (c) and (10), made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2008 No. 630; corrections in (1), (2) (intro.) to (b), (6) (intro.) to (c) and (10) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 19-020: r. and recr. Register December 2019 No. 768, eff. 1-1-20.