DHS 10.42 Note
Note: Until July 1, 2001, the Wisconsin Legislature has authorized the Department to establish Family Care pilots in areas of the state in which not more than 29% of the state's eligible population lives. After that date, if specifically authorized and funded by the Legislature, the Department may contract with additional entities certified as meeting requirements for a CMO. The Department is required to submit, prior to November 1, 2000, a report to the Governor that describes the implementation and outcomes of the pilots and makes recommendations about further development of Family Care.
DHS 10.42(5)
(5) The department's contracts with CMOs shall specify a range of remedies that may be taken in the event of noncompliance by the CMO with contract requirements. The remedies may include the following:
DHS 10.42(6)
(6) Except as provided in this subsection, the department shall use standard contract provisions for contracting with CMOs. The provisions of the standard contract shall comply with all applicable state and federal laws and may be modified only in accordance with those laws and after consideration of the advice of the secretary's council on long-term care.
DHS 10.42(7)
(7) The department shall annually provide to the members of the secretary's council on long-term care copies of the standard CMO contract the department proposes to use in the next contract period and seek the advice of the council regarding the contract's provisions. The department shall consider any recommendations of the council and may make revisions, as appropriate, based on those recommendations. If the department proposes to modify the terms of the standard contract, including adding or deleting provisions, in contracting with one or more organizations, the department shall seek the advice of the council and consider any recommendations of the council before making the modifications.
DHS 10.42(8)
(8) Whenever the department considers an application from an organization to be certified as meeting the standards for a CMO, the department shall provide a copy of the standard resource center contract to the regional long-term care advisory committee serving the area in which an organization operates, or proposes to operate, the CMO. If the department proposes to modify the contract, including adding or deleting provisions, the department shall seek the advice of the committee and consider any recommendations of the committee prior to signing the modified contract.
DHS 10.42(9)
(9) Prior to receiving funds to provide the family care benefit, an organization shall agree to the terms of the standard CMO contract.
DHS 10.42 History
History: Cr.
Register, October, 2000, No. 538, eff. 11-1-00;
CR 04-040: am. (6) (a) and (7)
Register November 2004 No. 587, eff. 12-1-04; corrections in (2) (a), (3) (a), (b), (c), (d) 1., (4), (6) (b) and (8) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2009 No. 647;
CR 22-026: r. (3) (a), cons. (6) (intro.) and (a) and renum. to (6) and am., r. (6) (b)
Register May 2023 No. 809, eff. 6-1-23;
CR 23-046: cr. (2) (am) Register April 2024 No. 820, eff. 5-1-24. DHS 10.43
DHS 10.43
CMO certification standards. If an organization applies for a contract to operate a CMO, the department shall determine whether the organization meets the requirements of s.
46.284 (2) and
(3), Stats., and all of the following standards:
DHS 10.43(1)
(1)
Case management capability. Each organization applying to operate a CMO shall demonstrate to the department that it has expertise in determining and arranging for services and supports to meet the needs of its target population. Demonstration of this expertise includes evidence that the organization, a subcontractor, or both, has all of the following:
DHS 10.43(1)(a)
(a) A sufficient number of qualified and competent staff to meet case management standards under s.
DHS 10.44.
DHS 10.43(1)(b)
(b) Thorough knowledge of local long-term care and other community resources.
DHS 10.43(1)(c)
(c) Thorough knowledge of methods for maximizing informal caregivers and community resources and integrating them into individual service plans.
DHS 10.43(1)(d)
(d) Strong linkages with systems and services that are not directly within the scope of the CMO's responsibility but that are important to the organization's target population, including primary and acute health care services, and the capacity to arrange for those services to be made available to its enrollees.
DHS 10.43(1)(e)
(e) Mechanisms to coordinate services internally and with services available from community organizations and other social programs.
DHS 10.43(1)(f)
(f) Thorough knowledge of employment opportunities and barriers for the organization's target population.
DHS 10.43(1)(g)
(g) Thorough knowledge of methods for promoting and supporting the use of mechanisms under which individuals direct and manage their own service funding.
DHS 10.43(2)
(2)
Adequate availability of providers. Each organization applying to operate a CMO shall demonstrate to the department that it has adequate availability of qualified providers with the expertise and ability to serve its target population in a timely manner. To demonstrate an adequate availability of qualified providers, an organization shall assure the department that it has all of the following:
DHS 10.43(2)(a)
(a) Agreements with providers who can provide all required services in the family care benefit.
DHS 10.43(2)(b)
(b) Appropriate provider connections to qualify providers, on a timely basis, as needed to directly reflect the specific needs and preferences of particular enrollees in its target population.
DHS 10.43(2)(c)
(c) Agreements with a broad array of providers representing diverse programmatic philosophies and cultural orientations to accommodate a variety of enrollee preferences and needs within its target population.
DHS 10.43(2)(d)
(d) The ability to provide services at various times, including evenings, weekends and, when applicable, on a 24-hour basis.
DHS 10.43(2)(e)
(e) The ability to provide an appropriate range of residential and day services that are geographically accessible to proposed enrollees' homes, families, guardians or friends.
DHS 10.43(2)(f)
(f) Supported living arrangements of the types and sizes that meet its target population's preferences and needs and staff to coordinate residential placements who have shown capability in recruiting, establishing and facilitating placements with appropriate matching to enrollee needs.
DHS 10.43(2)(g)
(g) The ability to recruit, select and train new service providers, including in-home providers, in a timely fashion and a program designed to retain individual providers.
DHS 10.43(2)(h)
(h) The ability to develop residential options that meet individual needs and desired outcomes of its enrollees.
DHS 10.43(2)(i)
(i) Mechanisms for assuring that all service providers meet required licensure, accreditation, or other quality assurance standards.
DHS 10.43(2)(j)
(j) Mechanisms for assuring that any service provider dissatisfied with the CMO's contract requirements shall have the opportunity to request review by the department.
DHS 10.43(2)(k)
(k) A provider network that meets the department's quantitative network adequacy standards.
DHS 10.43(3)
(3)
Certification as a medical assistance provider. The organization shall be certified by the department under s.
DHS 105.47.
DHS 10.43(4)
(4)
Organizational capacity. The organization shall demonstrate that it has the organizational capacity to operate a CMO, including all of the following:
DHS 10.43(4)(a)
(a) Financial solvency and stability and the ability to assume the level of financial risk required under the contract.
DHS 10.43(4)(b)
(b) The ability to collect, monitor and analyze data for purposes of financial management and quality assurance and improvement and to provide that data to the department in the manner required under the contract.
DHS 10.43(4)(c)
(c) The capacity to support consumer employment, training and supervision of family members, friends and community members in carrying out services under the consumer's service plan.
DHS 10.43(5)
(5)
Grievance and appeal processes. The organization shall have a process for reviewing and resolving client grievances and appeals that meets the requirements under s.
DHS 10.53 (2).
DHS 10.44
DHS 10.44
Standards for performance by CMOs. DHS 10.44(1)(1)
Compliance. A care management organization shall comply with all applicable statutes, all of the standards in this subchapter and all requirements of its contract with the department.
DHS 10.44(2)
(2)
Case management standards. The CMO shall provide case management services that meet all of the following standards:
DHS 10.44(2)(a)
(a) The CMO's case management personnel shall meet staff qualification standards contained in its contract with the department.
DHS 10.44(2)(b)
(b) The CMO shall designate for each enrollee a case management team that includes at least a social service coordinator and a registered nurse. The CMO shall designate additional members of the team as necessary to ensure that expertise needed to assess and plan for meeting each member's needs is available.
DHS 10.44(2)(c)
(c) The CMO shall employ or contract with a sufficient number of case management personnel to ensure that enrollees' services continue to meet their needs.
DHS 10.44(2)(d)
(d) The CMO shall provide the opportunity for enrollees to manage service and support funds, as provided under sub.
(6). For enrollees managing service funding under sub.
(6), the role of the case management team in providing assistance in planning, arranging, managing and monitoring the enrollee's budget and services shall be negotiated between the enrollee and the case management team and at a level tailored to the enrollee's need and desire for assistance. At a minimum, the case management team's role shall include:
DHS 10.44(2)(d)1.
1. An initial assessment sufficient to provide information necessary to establish an individual budget amount and to identify health and safety issues.
DHS 10.44(2)(d)2.
2. Monitoring the enrollee's use of the individual budget amount for purchase of services or support items.
DHS 10.44(2)(d)4.
4. Monitoring to ensure the enrollee reports service utilization adequately to allow the CMO to meet federal and state reporting requirements.
DHS 10.44(2)(e)
(e) The CMO shall use assessment protocols that include a face-to-face interview with the enrollee and that comprehensively assess and identify all of the following:
DHS 10.44(2)(e)1.
1. The needs and strengths of each enrollee in at least the following areas:
DHS 10.44(2)(e)1.L.
L. Education and vocational activities, including any needs for job development, job modifications, and ongoing support on the job.
DHS 10.44(2)(e)2.
2. Long-term care outcomes that are consistent with the values and preferences of the enrollee in at least the following areas:
DHS 10.44(2)(e)2.c.
c. Self-determination of daily routine, services, activities and living situation.
DHS 10.44(2)(f)
(f) The CMO, in partnership with the enrollee, shall develop an individual service plan for each enrollee, with the full participation of the enrollee and any family members or other representatives that the enrollee wishes to participate. The CMO shall provide support, as needed, to enable the enrollee, family members or other representatives to make informed service plan decisions, and for the enrollee to participate as a full partner in the entire assessment and individual service plan development process. The service plan shall meet all of the following conditions:
DHS 10.44(2)(f)1.
1. Reasonably and effectively addresses all of the long-term care needs and utilizes all enrollee strengths and informal supports identified in the comprehensive assessment under par.
(e) 1. DHS 10.44(2)(f)2.
2. Reasonably and effectively addresses all of the enrollee's long-term care outcomes identified in the comprehensive assessment under par.
(e) 2. and assists the enrollee to be as self-reliant and autonomous as possible and desired by the enrollee.
DHS 10.44(2)(f)3.
3. Is cost-effective compared to alternative services or supports that could meet the same needs and achieve similar outcomes.
DHS 10.44(2)(f)5.
5. If the enrollee and the CMO do not agree on a service plan, provide a method for the enrollee 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. Pending the outcome of the grievance, review or fair hearing, the CMO shall offer its service plan for the enrollee, continue negotiating with the enrollee and document that the service plan meets all of the following conditions:
DHS 10.44(2)(f)5.b.
b. Would not have a significant, long-term negative impact on the enrollee's long-term care outcomes identified under par.
(e) 2. DHS 10.44(2)(f)5.c.
c. Balances the needs and outcomes identified by the comprehensive assessment with reasonable cost, immediate availability of services and ability of the CMO to develop alternative services and living arrangements.
DHS 10.44(2)(f)5.d.
d. Was developed after active negotiation between the CMO and the enrollee, during which the CMO offered to find or develop alternatives that would be more acceptable to both parties.
