Chapter DHS 10

DHS 10.51(1)(f) (f) Information about and access to all services of resource centers and CMOs within standards established under this chapter to the extent that the client is eligible for such services.

DHS 10.51(1)(g) (g) Support for all clients in understanding their rights and responsibilities related to family care, including due process procedures, and in providing their comments about resource centers, CMOs and services, including through grievances, appeals and requests for department review and fair hearings. Resource centers, CMOs and county agencies under contract with the department shall assist clients to identify all rights to which they are entitled and, if multiple grievance, review or fair hearing mechanisms are available, which mechanism will best meet client needs.

DHS 10.51(1)(h) (h) Support for all clients in the exercise of any rights and available grievance and appeal procedures beyond those specified in this chapter.

DHS 10.51 Note Note: Examples of other rights and procedures available to clients include those afforded to persons who receive treatment or services for developmental disability, mental illness or substance abuse under ch. 51, Stats. and ch. DHS 94, and those afforded to persons who reside in a nursing home, community-based residential facility, adult family home or residential care apartment complex, or who receive services from a home health agency under statutes and rules of those programs.

DHS 10.51(2) (2) Rights of enrollees. Enrollees have the right to all of the following:

DHS 10.51(2)(a) (a) Support from the CMO in all of the following:

DHS 10.51(2)(a)1. 1. Self-identifying long-term care needs and appropriate family care outcomes.

DHS 10.51(2)(a)2. 2. Securing information regarding all services and supports potentially available to the enrollee through the family care benefit.

DHS 10.51(2)(a)3. 3. Actively participating in planning individualized services and making reasonable service and provider choices for achieving identified outcomes.

DHS 10.51(2)(b) (b) Receipt of services identified in the individualized service plan.

DHS 10.51(3) (3) Application of other rules and regulations. Nothing in this chapter shall limit or adversely affect the rights afforded to clients in accordance with other state or federal laws or regulations. To the extent that provisions in this chapter differ from provisions affording a client rights under other state or federal laws or regulations, the provision that does most to promote the rights of the client shall be controlling.

DHS 10.51 History History: Cr. Register, October, 2000, No. 538, eff. 11-1-00; CR 04-040: am. (1) (g) and (2) (b), cr. (1) (h) and (3), Register November 2004 No. 587, eff. 12-1-04.

DHS 10.52 DHS 10.52 Required notifications.

DHS 10.52(1) (1) Notification of general client rights and responsibilities. Each resource center, county agency and CMO shall provide clients with written notification of their rights and responsibilities in accordance with timelines and other requirements established in its contract with the department in every instance in which:

DHS 10.52(1)(a) (a) The client applies for the family care benefit and is initially counseled by a resource center about the family care benefit or enrollment in a specific care management organization.

DHS 10.52(1)(b) (b) The client enrolls in a care management organization.

DHS 10.52(2) (2) Notification of eligibility or entitlement. Every applicant for the family care benefit shall be notified in writing of decisions regarding eligibility, entitlement and cost sharing requirements as required under s. DHS 10.31 (6) (b).

DHS 10.52(3) (3) Notification of intended adverse benefit determination. Clients shall be given written notice of any intended adverse benefit determination at least 10 days prior to the date of the intended adverse benefit determination in accordance with all of the following:

DHS 10.52(3)(a) (a) Notification shall be provided as follows:

DHS 10.52(3)(a)1. 1. By the county agency in every instance in which a client’s eligibility or entitlement for family care will be discontinued, terminated, suspended or reduced, or in which the client’s maximum cost sharing requirement will be increased.

DHS 10.52(3)(a)2. 2. By the CMO in every instance in which the CMO makes an adverse benefit determination under s. DHS 10.13 (1) (b).

DHS 10.52(3)(b) (b) The notification of intended adverse benefit determination shall include an explanation of all the following, as applicable:

DHS 10.52(3)(b)1. 1. The adverse benefit determination the county agency, resource center or CMO intends to take, including how the adverse benefit determination will affect any services that the applicant or enrollee currently receives.

DHS 10.52(3)(b)1m. 1m. The effective date of the adverse benefit determination.

DHS 10.52(3)(b)2. 2. The reasons for the adverse benefit determination.

DHS 10.52(3)(b)3. 3. Any laws that support the adverse benefit determination.

DHS 10.52(3)(b)4. 4. The applicant’s or enrollee’s right to file an appeal with the CMO or request a fair hearing with the resource center or county agency.

DHS 10.52(3)(b)5. 5. How to file an appeal or a fair hearing and the timelines for doing so.

DHS 10.52(3)(b)5m. 5m. The circumstances under which expedited resolution of an appeal is available and how to request it.

DHS 10.52(3)(b)6. 6. That if the applicant or enrollee files an appeal, he or she has a right to appear in person before the CMO personnel assigned to resolve the appeal.

DHS 10.52(3)(b)7. 7. If the adverse benefit determination will affect any services that the enrollee currently receives through the family care benefit, the circumstances in which the enrollee’s services will be continued under s. DHS 10.56 pending the outcome of an appeal, how the enrollee can request that the services be continued, and the circumstances in which the enrollee may be required to repay the costs of the continued services.

DHS 10.52(3)(b)8. 8. The availability of independent advocacy services and other local organizations that might assist an applicant or enrollee with an appeal or fair hearing.

DHS 10.52(3)(b)9. 9. That the applicant or enrollee may obtain, free of charge, copies of client records relevant to the appeal or fair hearing, and how to obtain the copies.

DHS 10.52 History History: Cr. Register, October, 2000, No. 538, eff. 11-1-00; CR 04-040: am. (3) (b) 4. and (4) (a) and (e), cr. (3) (b) 5m. Register November 2004 No. 587, eff. 12-1-04; CR 22-026: am. (1) (intro.), (3) (intro.), (a) 2., (b) (intro.), 1., cr. (3) (b) 1m., am. (3) (b) 2. to 9., r. (4) Register May 2023 No. 809, eff. 6-1-23; correction in (3) (b) 8. made under s. 35.17, Stats., Register May 2023 No. 809.

DHS 10.53 DHS 10.53 Grievances and appeals.

DHS 10.53(1) (1) Grievance process in resource centers.

DHS 10.53(1)(a) (a) The governing board of each resource center shall approve and effectively operate a process for reviewing and resolving client grievances. The board may delegate, in writing, its responsibility for reviewing and resolving grievances to a committee of the resource center’s senior management, provided the process ensures that the board is made aware of grievances and requests for department review and fair hearings.

DHS 10.53(1)(b) (b) The department shall review and approve a resource center’s grievance process as part of its contracting with the resource center.

DHS 10.53(1)(c) (c) A resource center shall inform clients of all of the following:

DHS 10.53(1)(c)1. 1. The circumstances under which expedited resolution of a grievance is available and how to request it.

DHS 10.53(1)(c)2. 2. The client has the right to appear in person before the resource center personnel assigned to resolve a grievance filed, if the enrollee files the grievance.

DHS 10.53(1)(c)3. 3. The availability of independent advocacy services and other local organizations that might assist a client with a grievance.

DHS 10.53(1)(c)4. 4. The client may obtain, free of charge, copies of client records relevant to the grievance and how to obtain the copies.

DHS 10.53(1)(d) (d) A resource center shall assist individuals with the filing of grievances with the resource center.

DHS 10.53(1)(e) (e) A client may file a grievance with the resource center at any time.

DHS 10.53(1)(f) (f) The resource center shall complete its review of a grievance and issue its written decision to the client within 10 business days of its receipt of the grievance, unless the client and the resource center agree to an extension for a specified period of time.

DHS 10.53(1m) (1m) Appeals process in resource centers.

DHS 10.53(1m)(a) (a) Resource center adverse benefit determinations are appealed through the fair hearing process under s. DHS 10.55.

DHS 10.53(1m)(b) (b) A resource center shall assist clients with the filing of requests for fair hearings with the division of hearings and appeals.

DHS 10.53(2) (2) Grievance and appeals process in care management organizations.

DHS 10.53(2)(a) (a) The governing board of each CMO shall approve and shall effectively operate a process for reviewing and resolving enrollee grievances and appeals. The board may delegate, in writing, its responsibility for reviewing and resolving grievances and appeals to a committee of the CMO’s senior management, provided that the board is made aware of grievances and requests for department review and fair hearings.

DHS 10.53(2)(b) (b) The department shall review and approve a CMO’s grievance and appeal process as part of its contracting with the CMO.

DHS 10.53(2)(bg) (bg) An enrollee may file a grievance at any time.

DHS 10.53(2)(br) (br) The CMO shall complete its review of a grievance and issue its written decision to the enrollee within 90 days of its receipt of the grievance, unless the grievance decision timeframe is extended under the extension requirements specified in the contract with the department.

DHS 10.53(2)(c) (c) The CMO shall inform enrollees of all of the following:

DHS 10.53(2)(c)1. 1. The circumstances under which expedited resolution of a grievance is available and how to request it.

DHS 10.53(2)(c)2. 2. The enrollee has the right to appear in person before the CMO personnel assigned to resolve a grievance, if the enrollee files the grievance.

DHS 10.53(2)(c)3. 3. The availability of independent advocacy services and other local organizations that might assist an enrollee with a grievance.

DHS 10.53(2)(c)4. 4. The enrollee may obtain, free of charge, copies of enrollee records relevant to the grievance and how to obtain the copies.

DHS 10.53(2)(d) (d) A CMO shall assist enrollees with filing grievances with the CMO. If an enrollee is dissatisfied with the CMO’s grievance decision, or the CMO fails to render a grievance decision within the timeframe specified under par. (br), a CMO shall assist the individual with requesting a department review of the grievance under s. DHS 10.54.

DHS 10.53(2)(dm) (dm) An enrollee must request department review within 45 days of the date on the grievance decision.

DHS 10.53(2)(e) (e) The CMO shall complete its review of an appeal and issue its written decision to the enrollee within 30 days of its receipt of the appeal, unless the appeal decision timeframe is extended under the extension requirements specified in the contract with the department.

DHS 10.53(2)(f) (f) A CMO shall assist enrollees with filing appeals with the CMO. If the enrollee is dissatisfied with the CMO’s appeal decision, or the CMO fails to render an appeal decision within the timeframe specified under sub. (2) (e), a CMO shall assist the individual with requesting a fair hearing with the division of hearings and appeals under s. DHS 10.55.

DHS 10.53 History History: Cr. Register, October, 2000, No. 538, eff. 11-1-00; CR 04-040: am. (1) (a) to (c) and (2) (a) to (c) Register November 2004 No. 587, eff. 12-1-04; CR 22-026: am. (title), (1) (a), (b), renum. (1) (c) to (1) (c) (intro.) and am., cr. (1) (c) 1. to 4., (d) to (f), (1m), am. (2) (title), (a), (b), cr. (2) (bg), (br), r. and recr. (2) (c), cr. (2) (d) to (f) Register May 2023 No. 809, eff. 6-1-23; correction in (2) (d), (f) made under s. 35.17, Stats.,correction in numbering of (2) (dm) made under s. 13.92 (4) (b) 1., Stats., and correction in (2) (f) made under s. 13.92 (4) (b) 7., Stats., Register May 2023 No. 809.

DHS 10.54 DHS 10.54 Department reviews.

DHS 10.54(1) (1) Department review process for grievances filed with a resource center. The department shall review, investigate, and analyze the facts surrounding client grievances in an attempt to resolve concerns and problems informally, whenever either of the following occurs:

DHS 10.54(1)(a) (a) A client makes a grievance directly to the department.

DHS 10.54(1)(b) (b) A client requests department review of a decision arrived at through a county agency or resource center grievance process.

DHS 10.54(2) (2) Timeliness of review. The department shall complete its review under sub. (1) within 20 days of receiving a request for review from a client, unless the client and the department agree to an extension for a specified period of time.

DHS 10.54(2e) (2e) Department review process for grievances filed with a CMO. The department shall review and resolve enrollee grievances whenever either of the following occurs:

DHS 10.54(2e)(a) (a) An enrollee requests department review of a decision arrived at through a care management organization grievance process under s. DHS 10.53 (2).

DHS 10.54(2e)(b) (b) An enrollee requests department review of a grievance request that the CMO has failed to act on within the timeframe specified under s. DHS 10.53 (2) (d).

DHS 10.54(2j) (2j) Timeframe for requesting department review. An enrollee must file the request for grievance review within 45 days of the receipt of the CMO’s written decision regarding the enrollee’s grievance or, if the CMO fails to issue a written grievance decision to the enrollee within the timeframe specified under s. DHS 10.53 (2) (d), within 45 days of the date that timeframe expires.

DHS 10.54(2o) (2o) Timeliness of review. The department shall complete its review under sub. (2e) within 30 days of receiving a request for review from an enrollee, unless the enrollee and the department agree to an extension for a specified period of time.

DHS 10.54(2v) (2v) Timeliness of decision. The department shall mail or hand deliver to the enrollee and the CMO a written decision resolving the grievance within 7 days of the completion of the grievance review. This decision is final and binding on both the enrollee and CMO. Department review is the final process in resolving enrollee grievances.

DHS 10.54(3) (3) Department review process for fair hearings. Whenever the department receives notice from the department of administration’s division of hearings and appeals that it has received a fair hearing request under s. DHS 10.55 (3), the department shall conduct an informal review in accordance with s. DHS 10.55 (4).

DHS 10.54 History History: Cr. Register, October, 2000, No. 538, eff. 11-1-00; CR 04-040: am. (1) (intro.) (a) and (3) Register November 2004 No. 587, eff. 12-1-04; CR 22-026: am. (1), (2) (title), cr. (2e) to (2v), am. (3) Register May 2023 No. 809, eff. 6-1-23.

DHS 10.55 DHS 10.55 Fair hearing.

DHS 10.55(1) (1) Right to fair hearing in resource center and county agency adverse benefit determinations. Except as limited in sub. (3) and s. DHS 10.62 (4), a client may contest any of the following adverse benefit determinations by filing, within 45 days of receipt of notice of the adverse benefit determination, a written request for a hearing to the division of hearings and appeals:

DHS 10.55(1)(a) (a) Denial of eligibility under s. DHS 10.31 (6) or 10.32 (4).

DHS 10.55(1)(b) (b) Determination of cost sharing requirements under s. DHS 10.34.

DHS 10.55(1)(c) (c) Determination of entitlement under s. DHS 10.36.

DHS 10.55(1g) (1g) Right to a fair hearing. Except as limited in subs. (1m), (2) and (3), an enrollee may contest any of the following adverse benefit determinations by filing, within 90 days of the failure of a care management organization to act on a contested adverse benefit determination within the time frame specified under s. DHS 10.53 (2) (e) or within 90 days after receipt of notice of a decision upholding the adverse benefit determination, a written request for a hearing to the division of hearings and appeals:

DHS 10.55(1g)(a) (a) Denial of functional eligibility under s. DHS 10.33 as a result of the care management organization’s administration of the long-term care functional screen, including a change from a nursing home level of care to a non-nursing home level of care.

DHS 10.55(1g)(b) (b) Failure of a CMO to provide timely services and support items that are included in the plan of care.

DHS 10.55(1g)(c) (c) Denial or limited authorization of a requested service, including determinations based on type or level of service, requirements or medical necessity, appropriateness, setting, or effectiveness of a covered benefit.

DHS 10.55(1g)(d) (d) Reduction, suspension or termination of services to support items in the enrollee’s service plan, except when either of the following apply:

DHS 10.55(1g)(d)1. 1. The reduction, suspension or termination was agreed to by the enrollee.

DHS 10.55(1g)(d)2. 2. The reduced, suspended or terminated service or support was only authorized for a limited amount or duration and that amount or duration has been completed.