Ch. DHS 107 Note
Note: Chapter HSS 107 as it existed on February 28, 1986 was repealed and a new chapter HSS 107 was created effective March 1, 1986. Chapter HSS 107 was renumbered Chapter HFS 107 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register, January, 1997, No. 493. Chapter HFS 107 was renumbered to chapter DHS 107 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats.,
Register December 2008 No. 636.
DHS 107.01
DHS 107.01
General statement of coverage. DHS 107.01(1)(1)
The department shall reimburse providers for medically necessary and appropriate health care services listed in ss.
49.46 (2) and
49.47 (6) (a), Stats., when provided to currently eligible medical assistance recipients, including emergency services provided by persons or institutions not currently certified. The department shall also reimburse providers certified to provide case management services as defined in s.
DHS 107.32 to eligible recipients.
DHS 107.01(2)
(2) Services provided by a student during a practicum are reimbursable under the following conditions:
DHS 107.01(2)(b)
(b) Reimbursement for the services is not reflected in prospective payments to the hospital, skilled nursing facility or intermediate care facility at which the student is providing the services;
DHS 107.01(2)(c)
(c) The student does not bill and is not reimbursed directly for his or her services;
DHS 107.01(2)(d)
(d) The student provides services under the direct, immediate supervision of a certified provider in accordance with their profession's regulatory body; and
DHS 107.01(2)(e)
(e) The supervisor documents in writing all services provided by the student.
DHS 107.01 History
History: Cr.
Register, February, 1986, No. 362, eff. 3-1-86; am. (1),
Register, February, 1988, No. 386, eff. 3-1-88;
CR 22-043: am. (2) (d)
Register May 2023 No. 809, eff. 6-1-23.
DHS 107.02(1)(a)(a) The department shall reject payment for claims which fail to meet program requirements. However, claims rejected for this reason may be eligible for reimbursement if, upon resubmission, all program requirements are met.
DHS 107.02(1)(am)
(am) When EVV is required for applicable services, claims shall be submitted in accordance with s.
DHS 106.03 (2m). Claims that require EVV that are not matched to an EVV record may be denied.
DHS 107.02(1)(b)
(b) Medical assistance shall pay the deductible and coinsurance amounts for services provided under this chapter which are not paid by medicare under
42 USC 1395 to
1395zz, and shall pay the monthly premiums under
42 USC 1395v. Payment of the coinsurance amount for a service under medicare part B,
42 USC 1395j to
1395w, may not exceed the allowable charge for this service under MA minus the medicare payment, effective for dates of service on or after July 1, 1988.
DHS 107.02(2)
(2) Non-reimbursable services. The department may reject payment for a service which ordinarily would be covered if the service fails to meet program requirements. Non-reimbursable services include:
DHS 107.02(2)(a)
(a) Services which fail to comply with program policies or state and federal statutes, rules and regulations, for instance, sterilizations performed without following proper informed consent procedures, or controlled substances prescribed or dispensed illegally;
DHS 107.02(2)(b)
(b) Services which the department, the PRO review process or the department fiscal agent's professional consultants determine to be medically unnecessary, inappropriate, in excess of accepted standards of reasonableness or less costly alternative services, or of excessive frequency or duration;
DHS 107.02(2)(c)
(c) Non-emergency services provided by a person who is not a certified provider;
DHS 107.02(2)(d)
(d) Services provided to recipients who were not eligible on the date of the service, except as provided under a prepaid health plan or HMO;
DHS 107.02(2)(f)
(f) Services provided by a provider who fails or refuses to prepare or maintain records or other documentation as required under s.
DHS 106.02 (9);
DHS 107.02(2)(h)
(h) Services for which the provider failed to meet any or all of the requirements of s.
DHS 106.03, including but not limited to the requirements regarding timely submission of claims;
DHS 107.02(2)(i)
(i) Services provided inconsistent with an intermediate sanction or sanctions imposed by the department under s.
DHS 106.08; and
DHS 107.02(2)(j)
(j) Services provided by a provider who fails or refuses to meet and maintain any of the certification requirements under ch.
DHS 105 applicable to that provider.
DHS 107.02(2m)
(2m) Services requiring a physician's order or prescription. DHS 107.02(2m)(a)(a) The following services require a physician's order or prescription to be covered under MA:
DHS 107.02(2m)(a)9.
9. Medical supplies and equipment, including rental of durable equipment, but not hearing aid batteries, hearing aid accessories or repairs;
DHS 107.02(2m)(b)
(b) Except as otherwise provided in federal or state statutes, regulations or rules, a prescription or order shall be in writing or be given orally and later be reduced to writing by the provider filling the prescription or order, and shall include the date of the prescription or order, the name and address of the prescriber, the prescriber's MA provider number, the name and address of the recipient, the recipient's MA eligibility number, an evaluation of the service to be provided, the estimated length of time required, the brand of drug or drug product equivalent medically required and the prescriber's signature. For hospital patients and nursing home patients, orders shall be entered into the medical and nursing charts and shall include the information required by this paragraph. Services prescribed or ordered shall be provided within one year of the date of the prescription.
DHS 107.02(2m)(c)
(c) A prescription for specialized transportation services shall include an explanation of the reason the recipient is unable to travel in a private automobile, or a taxicab, bus or other common carrier. A prescription for a recipient not declared legally blind or not determined to be indefinitely disabled, as defined under s.
DHS 107.23 (1) (c) shall specify the length of time for which the recipient shall require the specialized transportation, which may not exceed 90 days.
DHS 107.02(3)(a)
(a) Procedures for prior authorization. The department may require prior authorization for covered services. In addition to services designated for prior authorization under each service category in this chapter, the department may require prior authorization for any other covered service for any reason listed in par.
(b). The department shall notify in writing all affected providers of any additional services for which it has decided to require prior authorization. The department or its fiscal agent shall act on 95% of requests for prior authorization within 10 working days and on 100% of requests for prior authorization within 20 working days from the receipt of all information necessary to make the determination, excluding requests for complex rehabilitation technology prior authorization. The department or its fiscal agent shall act on 100% of requests for complex rehabilitation technology prior authorization within 10 working days of receiving complete, clinically relevant written documentation necessary to make a determination. The department or its fiscal agent shall make a reasonable attempt to obtain from the provider the information necessary for timely prior authorization decisions. When prior authorization decisions are delayed due to the department's need to seek further information from the provider, the recipient shall be notified by the provider of the reason for the delay.
DHS 107.02(3)(b)
(b) Reasons for prior authorization. Reasons for prior authorization are:
DHS 107.02(3)(b)1.
1. To safeguard against unnecessary or inappropriate care and services;
DHS 107.02(3)(b)4.
4. To determine if less expensive alternative care, services or supplies are usable;
DHS 107.02(3)(b)5.
5. To promote the most effective and appropriate use of available services and facilities; and
DHS 107.02(3)(c)
(c) Penalty for non-compliance. If prior authorization is not requested and obtained before a service requiring prior authorization is provided, reimbursement shall not be made except in extraordinary circumstances such as emergency cases where the department has given verbal authorization for a service.
DHS 107.02(3)(d)
(d) Required information. A request for prior authorization submitted to the department or its fiscal agent shall, unless otherwise specified in chs.
DHS 101 to
108, identify at a minimum:
DHS 107.02(3)(d)1.
1. The name, address and MA number of the recipient for whom the service or item is requested;
DHS 107.02(3)(d)2.
2. The name and provider number of the provider who will perform the service requested;
DHS 107.02(3)(d)4.
4. The attending physician's or dentist's diagnosis including, where applicable, the degree of impairment;
DHS 107.02(3)(d)5.
5. A description of the service being requested, including the procedure code, the amount of time involved, and dollar amount where appropriate; and
DHS 107.02(3)(e)
(e) Departmental review criteria. In determining whether to approve or disapprove a request for prior authorization, the department shall consider:
DHS 107.02(3)(e)6.
6. The extent to which less expensive alternative services are available;
DHS 107.02(3)(e)9.
9. The limitations imposed by pertinent federal or state statutes, rules, regulations or interpretations, including medicare, or private insurance guidelines;
DHS 107.02(3)(e)10.
10. The need to ensure that there is closer professional scrutiny for care which is of unacceptable quality;
DHS 107.02(3)(e)11.
11. The flagrant or continuing disregard of established state and federal policies, standards, fees or procedures; and
DHS 107.02(3)(e)12.
12. The professional acceptability of unproven or experimental care, as determined by consultants to the department.
DHS 107.02(3)(f)
(f) Professional consultants. The department or its fiscal agent may use the services of qualified professional consultants in determining whether requests for prior authorization meet the criteria in par.
(e).
DHS 107.02(3)(g)
(g) Authorization not transferable. Prior authorization, once granted, may not be transferred to another recipient or to another provider. In certain cases the department may allow multiple services to be divided among non-billing providers certified under one billing provider. For example, prior authorization for 15 visits for occupational therapy may be performed by more than one therapist working for the billing provider for whom prior authorization was granted. In emergency circumstances the service may be provided by a different provider.
DHS 107.02(3)(h)
(h) Medical opinion reports. Medical evaluations and written medical opinions used in establishing a claim in a tort action against a third party may be covered services if they are prior-authorized. Prior authorization shall be issued only where:
DHS 107.02(3)(h)1.
1. A recipient has sustained personal injuries requiring medical or other health care services as a result of injury, damage or a wrongful act caused by another person;
DHS 107.02(3)(h)3.
3. The recipient or the recipient's representative has initiated or will initiate a claim or tort action against the negligent third party, joining the department in the action as provided under s.
49.89, Stats.; and
DHS 107.02(3)(h)4.
4. The recipient or the recipient's representative agrees in writing to reimburse the program in whole for all payments made for the prior-authorized services from the proceeds of any judgment, award, determination or settlement on the recipient's claim or action.
DHS 107.02(3)(i)1.1. Approval or modification by the department or its fiscal agent of a prior authorization request, including any subsequent amendments, extensions, renewals, or reconsideration requests:
DHS 107.02(3)(i)1.a.
a. Shall not relieve the provider of responsibility to meet all requirements of federal and state statutes and regulations, provider handbooks and provider bulletins;
