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)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.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)(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)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)(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 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 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 105.42
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)(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)(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(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)(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.
DHS 105.48(5)(b)
(b) A provider denied certification in another state shall be denied certification in Wisconsin, except that a provider denied certification in another state because the provider's services are not MA-covered in that state may be eligible for Wisconsin border status certification if the provider's services are covered in Wisconsin.
DHS 105.48 History
History: Cr.
Register, February, 1986, No. 362, eff. 3-1-86; r. and recr.
Register, September, 1991, No. 429, eff. 10-1-91; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2008 No. 636;
CR 22-043: cr. (2m)
Register May 2023 No. 809, eff. 6-1-23.
DHS 105.49
DHS 105.49 Ambulatory surgical centers. For MA certification, an ambulatory surgical center shall be certified to participate in medicare as an ambulatory surgical center under
42 CFR 416.39.
DHS 105.49 Note
Note: For covered ambulatory surgical center services, see s.
DHS 107.30.
DHS 105.50
DHS 105.50 Hospices. For MA certification, a hospice shall be certified to participate in medicare as a hospice under
42 CFR 418.50 to
418.100.
DHS 105.50 History
History: Cr.
Register, February, 1988, No. 386, eff. 3-1-88.
DHS 105.51
DHS 105.51 Case management agency providers. DHS 105.51(1)(1)
Agency. For MA certification, a provider of case management services shall be an agency with state statutory authority to operate one or more community human service programs. A case management agency may be a county or Indian tribal department of community programs, a department of social services, a department of human services, or a county or tribal aging unit. Each applicant agency shall specify each population eligible for case management under s.
DHS 107.32 (1) (a) 2. for which it will provide case management services. Each certified agency shall offer all 3 case management components described under s.
DHS 107.32 (1) so that a recipient can receive the component or components that meet his or her needs.
DHS 105.51(2)(a)(a) To provide case assessment or case planning services reimbursable under MA, persons employed by or under contract to the case management agency under sub.
(1) shall:
DHS 105.51(2)(a)1.
1. Possess a degree in a human services-related field, possess knowledge regarding the service delivery system, the needs of the recipient group or groups served, the need for integrated services and the resources available or needing to be developed, and have acquired at least one year of supervised experience with the type of recipients with whom he or she will work; or
DHS 105.51(2)(a)2.
2. Possess 2 years of supervised experience or an equivalent combination of training and experience.
DHS 105.51 Note
Note: The knowledge required in subd. 1. is typically gained through supervised experience working with persons in the target population.
