Chapter DHS 105

DHS 105.39(2)(b)2. 2. That all brakes, front suspension and steering mechanisms and shock absorbers are functioning correctly;

DHS 105.39(2)(b)3. 3. That all tires are properly inflated according to vehicle or tire manufacturers’ recommendations and that all tires possess a minimum of 1/8-inch of tread at the point of greatest wear; and

DHS 105.39(2)(b)4. 4. That windshields and mirrors are free from cracks or breaks.

DHS 105.39(2)(c) (c) The driver inspecting the vehicle shall document all vehicle inspections in writing, noting any deficiencies.

DHS 105.39(2)(d) (d) All deficiencies shall be corrected before any recipient is transported in the vehicle. Corrections shall be documented by the driver. Documentation shall be retained for not less than 12 months, except as authorized in writing by the department.

DHS 105.39(2)(e) (e) Windows, windshield and mirrors shall be maintained in a clean condition with no obstruction to vision.

DHS 105.39(2)(f) (f) Smoking is not permitted in the vehicle.

DHS 105.39(2)(g) (g) Police, sheriff’s department and ambulance emergency telephone numbers shall be posted on the dash of the vehicle in an easily readable manner. If the vehicle is not equipped with a working two-way radio, sufficient money in suitable denominations shall be carried to enable not less than 3 local telephone calls to be made from a pay telephone.

DHS 105.39(2)(h) (h) A provider shall maintain a list showing for each vehicle its registration number, identification number, license number, manufacturer, model, year, passenger capacity, insurance policy number, insurer, types of restraint systems for wheelchairs and whether it is fitted with a wheelchair lift or with a ramp. Attached to the list shall be evidence of compliance with ch. Trans 301.

DHS 105.39(3) (3) Vehicle equipment.

DHS 105.39(3)(a) (a) The vehicle shall be equipped at all times with a flashlight in working condition, a first aid kit and a fire extinguisher. The fire extinguisher shall be periodically serviced as recommended by the local fire department.

DHS 105.39(3)(b) (b) The vehicle shall be equipped with a lift or ramp for loading wheelchairs. The vehicle shall also be equipped with passenger restraint devices for each passenger, including restraint devices for recipients in wheelchairs or on cots or stretchers as defined in s. DHS 107.23 (1) (c) 4. Both a recipient and the recipient’s wheelchair, cot or stretcher shall be secured.

DHS 105.39(3)(c) (c) Provision shall be made for secure storage of removable equipment and passenger property in order to prevent projectile injuries to passengers and the driver in the event of an accident.

DHS 105.39(4) (4) Drivers.

DHS 105.39(4)(a) (a) Each driver shall possess a valid regular or commercial operator’s license which shall be unrestricted, except that the vision restrictions may be waived if the driver’s vision is corrected to an acuity of 20/30 or better by the use of corrective lenses. In this event, the driver shall wear corrective lenses while transporting recipients.

DHS 105.39(4)(b) (b)

DHS 105.39(4)(b)1. 1. Each driver before driving a vehicle or serving as an attendant shall have received all of the following:

DHS 105.39(4)(b)1.a. a. Basic Red Cross or equivalent training in first aid and cardiopulmonary resuscitation (CPR);

DHS 105.39(4)(b)1.b. b. Specific instructions on care of passengers in seizure; and

DHS 105.39(4)(b)1.c. c. Specific instructions in the use of all ramps, lift equipment and restraint devices used by the provider.

DHS 105.39(4)(b)2. 2. Each driver shall receive refresher training in first aid at least every 3 years and shall maintain CPR certification. A driver who is an emergency medical services practitioner licensed under ch. DHS 110, a licensed practical nurse, a registered nurse or a physician assistant shall be considered to have met these requirements by completion of continuing education which includes first aid and CPR.

DHS 105.39(4)(c) (c) The provider shall maintain a current list of all drivers showing the name, license number and any driving violations or license restrictions of each and shall keep that list current.

DHS 105.39(5) (5) Company policy. Company policies and procedures shall include:

DHS 105.39(5)(a) (a) Compliance with state and local laws governing the conduct of businesses, including ch. Trans 301.

DHS 105.39(5)(b) (b) Establishment and implementation of scheduling policies that assure timely pick-up and delivery of passengers going to and returning from medical appointments;

DHS 105.39(5)(c) (c) Documentation that transportation services for which MA reimbursement is sought are:

DHS 105.39(5)(c)1. 1. For medical purposes only;

DHS 105.39(5)(c)2. 2. Ordered by the attending provider of medical service; and

DHS 105.39(5)(c)3. 3. Provided only to persons who require this transportation because they lack other means of transport, and who are also physically or mentally incapable of using public transportation;

DHS 105.39(5)(d) (d) Maintenance of records of services for 5 years, unless otherwise authorized in writing by the department; and

DHS 105.39(5)(e) (e) On request of the department, making available for inspection records that document both medical service providers’ orders for services and the actual provision of services.

DHS 105.39(6) (6) Affidavit. The provider shall submit to the department a notarized affidavit attesting that the provider meets the requirements listed in this section. The affidavit shall be on a form developed by and available from the department, and shall contain the following:

DHS 105.39(6)(a) (a) A statement of the requirements listed in this section;

DHS 105.39(6)(b) (b) The date the form is completed by the provider;

DHS 105.39(6)(c) (c) The provider’s business name, address, telephone number and type of ownership;

DHS 105.39(6)(d) (d) The name and signature of the provider or a person authorized to act on behalf of the provider; and

DHS 105.39(6)(e) (e) A notarization.

DHS 105.39 Note Note: For covered transportation services, see s. DHS 107.23.

DHS 105.39(7) (7) Denial of recertification. If a provider violates provisions of this chapter, s. DHS 106.06, 107.23 or any other instruction in MA program manuals, handbooks, bulletins or letters on provision of SMV services 3 times in a 36-month period, the department may deny that provider’s request for re-certification.

DHS 105.39 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; am. (1), (2) (a), (b) (intro.), 1., (3) (a), (b), (4) (a), (5) (a), renum. (2) (b) 2. and 3. to be 3. and 4., cr. (2) (b) 2., (h), (7), r. and recr. (4) (b), (c), Register, November, 1994, No. 467, eff. 12-1-94; reprinted to restore dropped copy in (3), Register, January, 1997, No. 493; emerg. am. (4) (b) 3., eff. 7-3-99; am. (4) (b) 3., Register, December, 1999, No. 528, eff. 1-1-00; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register February 2002 No. 554; CR 03-033: r. (4) (b) 2., renum. (4) (b) 3. to be (4) (b) 2. Register December 2003 No. 576, eff. 1-1-04; corrections in (3) (b), (4) (b) 2. and (7) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; correction in (4) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667; CR 20-039: am. (4) (b) 2. Register October 2021 No. 790, eff. 11-1-21.

DHS 105.40 DHS 105.40 Durable medical equipment and medical supply vendors.

DHS 105.40(1) (1) Except as provided in sub. (2), vendors of durable medical equipment and medical supplies shall be eligible to participate in the MA program.

DHS 105.40(2) (2) Orthotists and prosthetists who develop and fit appliances for recipients shall be certified by the American board for certification in orthotics and prosthetics (A.B.C.). Certification shall be a result of successful participation in an A.B.C. examination in prosthetics, orthotics, or both, and shall be for:

DHS 105.40(2)(a) (a) Certified prosthetist (C.P.);

DHS 105.40(2)(b) (b) Certified orthotist (C.O.); or

DHS 105.40(2)(c) (c) Certified prosthetist and orthotist (C.P.O.)

DHS 105.40 Note Note: For covered durable medical equipment and medical supply services, see s. DHS 107.24.

DHS 105.40 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.

DHS 105.41 DHS 105.41 Certification of hearing instrument specialists. For MA certification, hearing instrument specialists shall be licensed pursuant to ss. 459.01 to 459.14, Stats.

DHS 105.41 Note Note: For covered hearing aids and supplies, see s. DHS 107.24.

DHS 105.41 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; CR 03-033: am. Register December 2003 No. 576, eff. 1-1-04.

DHS 105.42 DHS 105.42 Physician office laboratories.

DHS 105.42(1) (1) Requirements. For MA certification, physician office laboratories, except as noted in sub. (2), shall be licensed pursuant to 42 CFR 493 (CLIA).

DHS 105.42(2) (2) Exception. Physician office laboratories servicing no more than 2 physicians, chiropractors or dentists, and not accepting specimens on referral from outside providers, are not required to be licensed under 42 CFR 493 (CLIA). These laboratories, however, shall submit an affidavit to the department declaring that they do not accept outside specimens.

DHS 105.42(3) (3) Medicare certification requirement. Physician office laboratories which accept referrals of 100 or more specimens a year in a specialty shall be certified to participate in medicare in addition to meeting the requirements under sub. (1).

DHS 105.42 Note Note: For covered diagnostic testing services, see s. DHS 107.25.

DHS 105.42 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528.

DHS 105.43 DHS 105.43 Hospital and independent clinical laboratories. For MA certification, a clinical laboratory that is a hospital laboratory or an independent laboratory shall be licensed pursuant to 42 CFR 493 (CLIA). In addition, the laboratory shall be certified to participate in medicare and meet the requirements of 42 CFR 405.1310 to 405.1317.

DHS 105.43 Note Note: For covered diagnostic testing services, see s. DHS 107.25.

DHS 105.43 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528.

DHS 105.44 DHS 105.44 Portable x-ray providers. For MA certification, a portable x-ray provider shall be directed by a physician or group of physicians, registered pursuant to s. 254.35, Stats., and ch. DHS 157, certified to participate in medicare, and shall meet the requirements of 42 CFR 405.1411 to 405.1416.

DHS 105.44 Note Note: For covered diagnostic testing services, see s. DHS 107.25.

DHS 105.44 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; correction made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636.

DHS 105.45 DHS 105.45 Dialysis facilities. For MA certification, dialysis facilities shall meet the requirements enumerated in ss. DHS 152.05 and 152.08, and shall be certified to participate in medicare.

DHS 105.45 Note Note: For covered dialysis services, see s. DHS 107.26.

DHS 105.45 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1994, No. 467; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636.

DHS 105.46 DHS 105.46 Blood banks. For MA certification, blood banks shall be licensed or registered with the U.S. food and drug administration and shall be approved pursuant to 42 CFR 493 (CLIA).

DHS 105.46 Note Note: For covered blood services, see s. DHS 107.27.

DHS 105.46 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528.

DHS 105.47 DHS 105.47 Health maintenance organizations and prepaid health plans.

DHS 105.47(1) (1) Contracts and licensing. Except as provided in sub. (3), for MA certification, a health maintenance organization or prepaid health plan shall enter into a written contract with the department to provide services to enrolled recipients and shall be licensed by the Wisconsin commissioner of insurance.

DHS 105.47(2) (2) Requirements for health maintenance organizations. For MA certification, an HMO shall:

DHS 105.47(2)(a) (a) Meet the requirements of 42 CFR 434.20 (c);

DHS 105.47(2)(b) (b) Make services it provides to individuals eligible under MA accessible to these individuals, within the area served by the organization, to the same extent that the services are made accessible under the MA state plan to individuals eligible for MA who are not enrolled with the organization; and

DHS 105.47(2)(c) (c) Make adequate provision against the risk of insolvency, which is satisfactory to the department and which ensures that individuals eligible for benefits under MA are not held liable for debts of the organization in case of the organization’s insolvency.

DHS 105.47 Note Note: For covered health maintenance organization and prepaid health plan services, see s. DHS 107.28.

DHS 105.47(3) (3) Care organizations providing the family care benefit. A care management organization under contract with the department under s. DHS 10.42 is not required to be licensed by the Wisconsin commissioner of insurance if both of the following apply:

DHS 105.47(3)(a) (a) The organization enrolls only individuals who are eligible under s. 46.286, Stats.

DHS 105.47(3)(b) (b) The services offered by the organization do not include hospital or physician services.

DHS 105.47 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; cr. (3), Register, October, 2000, No. 538, eff. 11-1-00; correction in (3) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636.

DHS 105.48 DHS 105.48 Out-of-state providers.

DHS 105.48(1) (1) When a provider in a state that borders on Wisconsin documents to the department’s satisfaction that it is common practice for recipients in a particular area of Wisconsin to go for medical services to the provider’s locality in the neighboring state, the provider may be certified as a Wisconsin border status provider, subject to the certification requirements in this chapter and the same rules and contractual agreements that apply to Wisconsin providers, except that nursing homes are not eligible for border status.

DHS 105.48(2) (2) Out-of-state independent laboratories, regardless of location, may apply for certification as Wisconsin border status providers.

DHS 105.48(2m) (2m) Out-of-state providers who meet the definition of a border-status provider as described in s. DHS 101.03 (19) and who provide services to Wisconsin members via telehealth, regardless of provider location, may apply for certification as Wisconsin border-status providers if they are licensed in Wisconsin under applicable Wisconsin statute and administrative code.

DHS 105.48(3) (3) Other out-of-state providers who do not meet the requirements of sub. (1) may be reimbursed for non-emergency services provided to a Wisconsin MA recipient upon approval by the department under s. DHS 107.04.

DHS 105.48(4) (4) The department may review border status certification of a provider annually. Border status certification may be canceled by the department if it is found to be no longer warranted by medical necessity, volume or other considerations.

DHS 105.48(5) (5) 

DHS 105.48(5)(a) (a) A provider certified in another state for services not covered in Wisconsin shall be denied border status certification for these services in the Wisconsin program.

DHS 105.48 Note Note: Examples of providers whose services are not covered in Wisconsin are music therapists and art therapists.