DHS 107.08 NoteNote: For more information on non-covered services, see s. DHS 107.03. DHS 107.08 HistoryHistory: Cr. Register, February, 1986, No. 362, eff. 3-1-86; am. (4) (e) and (f), cr. (4) (g), Register, February, 1988, No. 388, eff. 3-1-88; correction in (3) (g) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1990, No. 414; emerg. renum. (4) to be (4) (a) and am. (4) (a) (intro.) 1., 2., 4., 6. and 7., cr. (4) (b) to (f) eff. 1-1-91; r. and recr. Register, September, 1991, No. 429, eff. 10-1-91; correction in (2) (d) made under s. 13.93 (2m) (b) 7., Register August 2006 No. 608; corrections in (1) and (3) (c) 1., made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636. DHS 107.09(1)(1) Definition. In this section, “active treatment” means an ongoing, organized effort to help each resident attain his or her developmental capacity through the resident’s regular participation, in accordance with an individualized plan, in a program of activities designed to enable the resident to attain the optimal physical, intellectual, social and vocational levels of functioning of which he or she is capable. DHS 107.09(2)(2) Covered services. Covered nursing home services are medically necessary services provided by a certified nursing home to an inpatient and prescribed by a physician in a written plan of care. The costs of all routine, day-to-day health care services and materials provided to recipients by a nursing home shall be reimbursed within the daily rate determined for MA in accordance with s. 49.45 (6m), Stats. These services are the following: DHS 107.09(2)(a)2.2. Special care services, including activity therapy, recreation, social services and religious services; DHS 107.09(2)(a)3.3. Supportive services, including dietary, housekeeping, maintenance, institutional laundry and personal laundry services, but excluding personal dry cleaning services; DHS 107.09(2)(a)5.5. Physical plant, including depreciation, insurance and interest on plant; DHS 107.09(2)(b)(b) Personal comfort items, medical supplies and special care supplies. These are items reasonably associated with normal and routine nursing home services which are listed in the nursing home payment formula. If a recipient specifically requests a brand name which the nursing home does not routinely supply and for which there is no equivalent or close substitute included in the daily rate, the recipient, after having been informed in advance that the equivalent or close substitute is not available without charge, will be expected to pay for that brand item at cost out of personal funds; and DHS 107.09(2)(c)(c) Indirect services provided by independent providers of service. DHS 107.09 NoteNote: Copies of the Nursing Home Payment Formula may be obtained from Division of Medicaid Services, Bureau of Rate Setting, P.O. Box 7851, Madison, WI 53703-7851.
DHS 107.09 NoteNote: Examples of indirect services provided by independent providers of services are services performed by a pharmacist reviewing prescription services for a facility and services performed by an occupational therapist developing an activity program for a facility.
DHS 107.09(3)(3) Services requiring prior authorization. The rental or purchase of a specialized wheelchair for a recipient in a nursing home, regardless of the purchase or rental cost, requires prior authorization from the department. DHS 107.09 NoteNote: For more information on prior authorization, see s. DHS 107.02 (3). DHS 107.09(4)(a)1.1. Treatment costs which are both extraordinary and unique to individual recipients in nursing homes shall be reimbursed separately as ancillary costs, subject to any modifications made under sub. (2) (b). The following items are not included in calculating the daily nursing home rate but may be reimbursed separately: DHS 107.09(4)(a)1.a.a. Oxygen in liters, tanks, or hours, including tank rentals and monthly rental fees for concentrators; DHS 107.09(4)(a)1.b.b. Tracheostomy and ventilatory supplies and related equipment, subject to guidelines and limitations published by the department in the provider handbook; DHS 107.09(4)(a)1.c.c. Transportation of a recipient to obtain health treatment or care if the treatment or care is prescribed by a physician as medically necessary and is performed at a physician’s office, clinic, or other recognized medical treatment center, if the transportation service is provided by the nursing home, in its controlled equipment and by its staff, or by common carrier such as bus or taxi, and if the transportation service was provided prior to July 1, 1986. Transportation shall not be reimbursed as an ancillary service on or after July 1, 1986; and DHS 107.09(4)(a)1.d.d. Direct services provided by independent providers of service only if the nursing home can demonstrate to the department that to pay for the service in question as an add-on adjustment to the nursing home’s daily rate is equal in cost or less costly than to reimburse the independent service provider through a separate billing. The nursing home may receive an ancillary add-on adjustment to its daily rate in accordance with s. 49.45 (6m) (b), Stats. The independent service provider may not claim direct reimbursement if the nursing home receives an ancillary add-on adjustment to its daily rate for the service. DHS 107.09(4)(a)2.2. The costs of services and materials identified in subd. 1. which are provided to recipients shall be reimbursed in the following manner: DHS 107.09(4)(a)2.a.a. Claims shall be submitted under the nursing home’s provider number, and shall appear on the same claim form used for claiming reimbursement at the daily nursing home rate; DHS 107.09(4)(a)2.b.b. The items identified in subd. 1. shall have been prescribed in writing by the attending physician, or the physician’s entry in the medical records or nursing charts shall make the need for the items obvious; DHS 107.09(4)(a)2.c.c. The amounts billed shall reflect the fact that the nursing home has taken advantage of the benefits associated with quantity purchasing and other outside funding sources; DHS 107.09(4)(a)2.d.d. Reimbursement for questionable materials and services shall be decided by the department; DHS 107.09(4)(a)2.e.e. Claims for transportation shall show the name and address of any treatment center to which the patient recipient was transported, and the total number of miles to and from the treatment center; and DHS 107.09(4)(a)2.f.f. The amount charged for transportation may not include the cost of the facility’s staff time, and shall be for an actual mileage amount. DHS 107.09(4)(b)(b) Independent providers of service. Whenever an ancillary cost is incurred under this subsection by an independent provider of service, reimbursement may be claimed only by the independent provider on its provider number. The procedures followed shall be in accordance with program requirements for that provider specialty type. DHS 107.09(4)(c)(c) Services covered in a Christian Science sanatorium. Services covered in a Christian Science sanatorium shall be services ordinarily received by inpatients of a Christian Science sanatorium, but only to the extent that these services are the Christian Science equivalent of services which constitute inpatient services furnished by a hospital or skilled nursing facility. DHS 107.09(4)(d)(d) Wheelchairs. Wheelchairs shall be provided by skilled nursing and intermediate care facilities in sufficient quantity to meet the health needs of patients who are recipients. Nursing homes which specialize in providing rehabilitative services and treatment for the developmentally or physically disabled, or both, shall provide the special equipment, including commodes, elevated toilet seats, grab bars, wheelchairs adapted to the recipient’s disability, and other adaptive prosthetics, orthotics and equipment necessary for the provision of these services. The facility shall provide replacement wheelchairs for recipients who have changing wheelchair needs. DHS 107.09(4)(e)(e) Determination of services as skilled. In determining whether a nursing service is skilled, the following criteria shall be applied: DHS 107.09(4)(e)1.1. Where the inherent complexity of a service prescribed for a patient is such that it can be safely and effectively performed only by or under the direct supervision of technical or professional personnel, the service shall constitute a skilled service; DHS 107.09(4)(e)2.2. The restoration potential of a patient shall not be the deciding factor in determining whether a service is to be considered skilled or nonskilled. Even where full recovery or medical improvement is not possible, skilled care may be needed to prevent, to the extent possible, deterioration of the condition or to sustain current capacities. For example, even though no potential for rehabilitation exists, a terminal cancer patient may require skilled services as defined in this paragraph and par. (f); and DHS 107.09(4)(e)3.3. A service that is ordinarily nonskilled shall be considered a skilled service where, because of medical complications, its performance or supervision or the observation of the patient necessitates the use of skilled nursing or skilled rehabilitation personnel. For example, the existence of a plaster cast on an extremity generally does not indicate a need for skilled care, but a patient with a preexisting acute skin problem or with a need for special traction of the injured extremity might need to have technical or professional personnel properly adjust traction or observe the patient for complications. In these cases, the complications and special services involved shall be documented by physician’s orders and nursing or therapy notes. DHS 107.09(4)(f)(f) Skilled nursing services or skilled rehabilitation services. DHS 107.09(4)(f)1.1. A nursing home shall provide either skilled nursing services or skilled rehabilitation services on a 7-day-a-week basis. If, however, skilled rehabilitation services are not available on a 7-day-a-week basis, the nursing home would meet the requirement in the case of a patient whose inpatient stay is based solely on the need for skilled rehabilitation services if the patient needs and receives these services on at least 5 days a week. DHS 107.09 NoteNote: For example, where a facility provides physical therapy on only 5 days a week and the patient in the facility requires and receives physical therapy on each of the days on which it is available, the requirement that skilled rehabilitation services be provided on a daily basis would be met.
DHS 107.09(4)(f)2.2. Examples of services which could qualify as either skilled nursing or skilled rehabilitation services are: DHS 107.09(4)(f)2.a.a. Overall management and evaluation of the care plan. The development, management and evaluation of a patient care plan based on the physician’s orders constitute skilled services when, in terms of the patient’s physical or mental condition, the development, management and evaluation necessitate the involvement of technical or professional personnel to meet needs, promote recovery and actuate medical safety. This includes the management of a plan involving only a variety of personal care services where in light of the patient’s condition the aggregate of the services necessitates the involvement of technical or professional personnel. Skilled planning and management activities are not always specifically identified in the patient’s clinical record. In light of this, where the patient’s overall condition supports a finding that recovery or safety can be assured only if the total care required is planned, managed, and evaluated by technical or professional personnel, it is appropriate to infer that skilled services are being provided; DHS 107.09(4)(f)2.b.b. Observation and assessment of the patient’s changing condition. When the patient’s condition is such that the skills of a nurse or other technical or professional person are required to identify and evaluate the patient’s need for possible modification of treatment and the initiation of additional medical procedures until the patient’s condition is stabilized, the services constitute skilled nursing or rehabilitation services. Patients who in addition to their physical problems exhibit acute psychological symptoms such as depression, anxiety or agitation may also require skilled observation and assessment by technical or professional personnel for their safety and the safety of others. In these cases, the special services required shall be documented by a physician’s orders or nursing or therapy notes; and DHS 107.09(4)(f)2.c.c. Patient education. In cases where the use of technical or professional personnel is necessary to teach a patient self-maintenance, the teaching services constitute skilled nursing or rehabilitative services. DHS 107.09(4)(g)1.a.a. Considered appropriate by the department and provided by a Christian Science sanatorium either operated by or listed and certified by the First Church of Christ Scientist, Boston, Mass.; or DHS 107.09(4)(g)1.b.b. Provided by a facility located on an Indian reservation that furnishes, on a regular basis, health-related services and is licensed pursuant to s. 50.03, Stats., and ch. DHS 132. DHS 107.09(4)(g)2.2. Intermediate care services may include services provided in an institution for developmentally disabled persons if: DHS 107.09(4)(g)2.a.a. The primary purpose of the institution is to provide health or rehabilitation services for developmentally disabled persons; DHS 107.09(4)(g)3.3. Intermediate care services may include services provided in a distinct part of a facility other than an intermediate care facility if the distinct part: DHS 107.09(4)(g)3.b.b. Is an identifiable unit, such as an entire ward or contiguous ward, a wing, a floor, or a building; DHS 107.09(4)(g)3.d.d. Houses all recipients for whom payment is being made for intermediate care facility services, except as provided in subd. 4.; DHS 107.09(4)(g)4.4. If the department includes as intermediate care facility services those services provided by a distinct part of a facility other than an intermediate care facility, it may not require transfer of a recipient within or between facilities if, in the opinion of the attending physician, transfer might be harmful to the physical or mental health of the recipient. DHS 107.09(4)(h)(h) Determining the appropriateness of services at the skilled level of care. DHS 107.09(4)(h)1.1. In determining whether the services needed by a recipient can only be provided in a skilled nursing facility on an inpatient basis, consideration shall be given to the patient’s condition and to the availability and feasibility of using more economical alternative facilities and services. DHS 107.09(4)(h)2.2. If a needed service is not available in the area in which the individual resides and transporting the person to the closest facility furnishing the services would be an excessive physical hardship, the needed service may be provided in a skilled nursing facility. This would be true even though the patient’s condition might not be adversely affected if it would be more economical or more efficient to provide the covered services in the institutional setting. DHS 107.09(4)(h)3.3. In determining the availability of alternative facilities and services, the availability of funds to pay for the services furnished by these alternative facilities shall not be a factor. For instance, an individual in need of daily physical therapy might be able to receive the needed services from an independent physical therapy practitioner. DHS 107.09(4)(i)1.1. Each recipient who is a resident in a public or privately-owned nursing home shall have an account established for the maintenance of earned or unearned money payments received, including social security and SSI payments. The payee for the account shall be the recipient, a legal representative of the recipient or a person designated by the recipient as his or her representative. DHS 107.09(4)(i)2.2. If it is determined by the agency making the money payment that the recipient is not competent to handle the payments, and if no other legal representative can be appointed, the nursing home administrator may be designated as the representative payee. The need for the representative payee shall be reviewed when the annual review of the recipient’s eligibility status is made. DHS 107.09(4)(i)3.3. The recipient’s account shall include documentation of all deposits and withdrawals of funds, indicating the amount and date of deposit and the amount, date and purpose of each withdrawal. DHS 107.09(4)(i)4.4. Upon the death or permanent transfer of the resident from the facility, the balance of the resident’s trust account and a copy of the account records shall be forwarded to the recipient, the recipient’s personal representative or to the legal guardian of the recipient. No facility or any of its employees or representatives may benefit from the distribution of a deceased recipient’s personal funds unless they are specifically named in the recipient’s will or constitute an heir-at-law. DHS 107.09(4)(i)5.5. The department’s determination that a facility has violated this paragraph shall be cause for the facility to be decertified from MA. DHS 107.09(4)(j)1.1. Bedhold payments shall be made to a nursing home for an eligible recipient during the recipient’s temporary absence for hospital treatment, a therapeutic visit or to participate in a therapeutic rehabilitative program, if the following criteria are met: DHS 107.09(4)(j)1.a.a. The facility’s occupancy level meets the requirements for bedhold reimbursement under the nursing home reimbursement formula. The facility shall maintain adequate records regarding occupancy and provide these records to the department upon request; DHS 107.09(4)(j)1.b.b. For bedholds resulting from hospitalization of a recipient, reimbursement shall be available for a period not to exceed 15 days for each hospital stay. There is no limit on the number of stays per year. No recipient may be administratively discharged from the nursing home unless the recipient remains in the hospital longer than 15 days; DHS 107.09(4)(j)1.c.c. The first day that a recipient is considered absent from the home shall be the day the recipient leaves the home, regardless of the time of day. The day of return to the home does not count as a bedhold day, regardless of the time of day; DHS 107.09(4)(j)1.d.d. A staff member designated by the nursing home administrator, such as the director of nursing service or social service director, shall document the recipient’s absence in the recipient’s chart and shall approve in writing each leave; DHS 107.09(4)(j)1.e.e. Claims for bedhold days may not be submitted when it is known in advance that a recipient will not return to the facility following the leave. In the case where the recipient dies while hospitalized, or where the facility is notified that the recipient is terminally ill, or that due to changes in the recipient’s condition the recipient will not be returning to the facility, payment may be claimed only for those days prior to the recipient’s death or prior to the notification of the recipient’s terminal condition or need for discharge to another facility; DHS 107.09(4)(j)1.f.f. For bedhold days for therapeutic visits or for participation in therapeutic/rehabilitative programs, the recipient’s physician shall record approval of the leave in the physician’s plan of care. This statement shall include the rationale for and anticipated goals of the leave as well as any limitations regarding the frequency or duration of the leave; and DHS 107.09(4)(j)1.g.g. For bedhold days due to participation in therapeutic/rehabilitative programs, the program shall meet the definition of therapeutic/rehabilitative program under s. DHS 101.03 (175). Upon request of the department, the nursing home shall submit, in writing, information on the dates of the program’s operation, the number of participants, the sponsorship of the program, the anticipated goals of the program and how these goals will be accomplished, and the leaders or faculty of the program and their credentials. DHS 107.09(4)(j)2.2. Bedhold days for therapeutic visits and therapeutic/rehabilitative programs and hospital bedhold days which are not separately reimbursed to the facility by MA in accordance with s. 49.45 (6m), Stats., may not be billed to the recipient or the recipient’s family. DHS 107.09(4)(k)(k) Private rooms. Private rooms shall not be a covered service within the daily rate reimbursed to a nursing home, except where required under s. DHS 132.51 (2) (b). However, if a recipient or the recipient’s legal representative chooses a private room with full knowledge and acceptance of the financial liability, the recipient may reimburse the nursing home for a private room if the following conditions are met: DHS 107.09(4)(k)1.1. At the time of admission the recipient or legal representative is informed of the personal financial liability encumbered if the recipient chooses a private room; DHS 107.09(4)(k)3.3. The recipient or legal representative is personally liable for no more than the difference between the nursing home’s private pay rate for a semi-private room and the private room rate; and DHS 107.09(4)(k)4.4. Pursuant to s. DHS 132.31 (1) (d), if at any time the differential rate determined under subd. 3. changes, the recipient or legal representative shall be notified by the nursing home administrator within 15 days and a new consent agreement shall be reached.
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Chs. DHS 101-109; Medical Assistance
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