DHS 107.34 HistoryHistory: Cr. Register, June, 1994, No. 462, eff. 7-1-94; corrections in (1) (a) 1., (c), (d) (intro.), (e) 2. (intro.), (f) (intro.) and (g) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636. DHS 107.36(1)(a)1.1. School-based services covered by the MA program are services described in this section that are provided by a school district or CESA. DHS 107.36(1)(a)2.2. The school district or CESA shall ensure that individuals who deliver the services, whether employed directly by or under contract with the school district or CESA, are licensed under ch. PI 34, Trans 301 or ch. 441, Stats. DHS 107.36(1)(a)3.3. Notwithstanding s. DHS 106.13 (intro.) and (1) (c), requirements under chs. DHS 101 to 108 as they relate to school-based services, to the extent consistent with 42 CFR ch. IV, may be waived if they are inconsistent with other federal education mandates. DHS 107.36(1)(a)4.4. Consultation, case monitoring and coordination related to developmental testing under the individuals with disabilities education act, 20 USC 1400 to 1485, are included in the MA-covered services described in this subsection when an IEP results from the testing. Consultation, case monitoring and coordination for IEP services are also included in the covered services described in this subsection. DHS 107.36(1)(b)(b) Speech, language, hearing and audiological services. Speech, language, hearing and audiological services for a recipient with a speech, language or hearing disorder that adversely affects the individual’s functioning are covered school-based services. These services include evaluation and testing to determine the individual’s need for the service, recommendations for a course of treatment and treatment. The services may be delivered to an individual or to a group of 2 to 7 individuals. The services shall be performed by or under the direction of a speech and language pathologist licensed by the department of public instruction under s. PI 34.0475 or by an audiologist licensed by the department of public instruction under s. PI 34.090, and shall be identified in the recipient’s IEP. DHS 107.36(1)(c)(c) Occupational therapy services. Occupational therapy services which identify, treat, or compensate for medical problems that interfere with age-appropriate functional performance are covered school-based services. These services include evaluation to determine the individual’s need for occupational therapy, recommendations for a course of treatment, and rehabilitative, active or restorative treatment services. The services may be delivered to an individual or to a group of 2 to 7 individuals. The services shall be performed by or under the direction of an occupational therapist licensed by the department of public instruction under s. PI 34.091 and shall be identified in the recipient’s IEP. DHS 107.36(1)(d)(d) Physical therapy services. Physical therapy services which identify, treat, or compensate for medical problems are covered school-based services. These services include evaluation to determine the individual’s need for physical therapy, recommendations for a course of treatment, and therapeutic exercises and rehabilitative procedures. The services may be delivered to an individual or to a group of 2 to 7 individuals. The services shall be performed by or under the direction of a physical therapist licensed by the department of public instruction under s. PI 34.093 and shall be prescribed by a physician when required by the physical therapists affiliated credentialing board and identified in the recipient’s IEP. DHS 107.36(1)(e)(e) Nursing services. Professional nursing services relevant to the recipient’s medical needs are covered school-based services. These services include evaluation and management services, including screens and referrals for treatment of health needs; treatment; medication management; and explanations given of treatments, therapies and physical or mental conditions to family members or school district or CESA staff. The services shall be performed by a registered nurse licensed under s. 441.06, Stats., or a licensed practical nurse licensed under s. 441.10, Stats., or be delegated under nursing protocols pursuant to ch. N 6. The services shall be prescribed or referred by a physician or an advanced practice nurse as defined under s. N 8.02 (1) with prescribing authority granted under s. 441.16 (2), Stats., and shall be identified in the recipient’s IEP. DHS 107.36(1)(f)(f) Psychological counseling and social work services. Psychological counseling and social work services relevant to the recipient’s mental health needs with the intent to reasonably improve the recipient’s functioning are covered school-based services. These services include testing, assessment and evaluation that appraise cognitive, emotional and social functioning and self-concept; therapy or treatment that plans, manages and provides a program of psychological counseling or social work services to individuals with psychological or behavioral problems; and crisis intervention. The services may be delivered to an individual or to a group of 2 to 10 individuals. The services shall be performed by a school psychologist, school counselor or school social worker licensed by the department of public instruction under ch. PI 34. The services shall be identified in the individual’s IEP. DHS 107.36(1)(g)(g) Developmental testing and assessments under IDEA. Developmental testing and assessments under the individuals with disabilities education act (IDEA), 20 USC 1400 to 1485, are covered school–based services when an IEP results. These services include evaluations, tests and related activities that are performed to determine if motor, speech, language or psychological problems exist, or to detect developmental lags for the determination of eligibility under IDEA. The services are also covered when performed by a therapist, psychologist, social worker, counselor or nurse licensed by the department of public instruction under ch. PI 34, as part of their respective duties. DHS 107.36(1)(h)(h) Transportation. Transportation services provided to individuals who require special transportation accommodations are covered school–based services if the recipient receives a school–based service other than transportation on the day transportation is provided. These services include transportation from the recipient’s home to and from school on the same day if the school–based service is provided in the school, and transportation from school to a service site and back to school or home if the school–based service is provided at a non–school location, such as at a hospital. Transportation shall be performed by a school district, CESA or contracted provider. The service shall be included in the IEP. The covered service that the recipient is transported to and from shall meet MA requirements for that service under ch. DHS 105 and this chapter. DHS 107.36(1)(i)(i) Durable medical equipment. Durable medical equipment except equipment covered in s. DHS 107.24 is a covered service if the need for the equipment is identified in the recipient’s IEP, the equipment is recipient-specific, the equipment is not duplicative of equipment the recipient currently owns and the equipment is for the recipient’s use at school and home. Only durable medical equipment related to speech-language pathology, physical therapy or occupational therapy will be covered under the school based services benefit. The recipient, not the school district or the CESA, shall own the equipment. DHS 107.36(2)(a)(a) Age limit. School-based services may only be provided to MA-eligible recipients between 3 and 21 years of age, or for the school term during which an MA-eligible recipient becomes 21 years of age. DHS 107.36(2)(b)(b) Medically necessary. School-based services shall be medically necessary. In this paragraph “medically necessary” has the meaning prescribed in s. DHS 101.03 (96m) and in addition means services that: DHS 107.36(2)(b)1.1. Identify, treat, manage or address a medical problem or a mental, emotional or physical disability; DHS 107.36(2)(b)4.4. Are referred or prescribed by a physician or advanced practice nurse, as defined under s. N 8.02 (1), with prescribing authority granted under s. 441.16 (2), Stats., where appropriate, or a psychologist, where appropriate. DHS 107.36(3)(3) Non-covered services. Services not covered as school-based services are the following: DHS 107.36(3)(b)(b) Services that are strictly educational, vocational or pre-vocational in nature, or that are otherwise without a defined medical component; DHS 107.36(3)(h)(h) General research and evaluation of the effectiveness of school programs; DHS 107.36(3)(i)(i) Administration or coordination of gifted and talented programs or student assistance programs; DHS 107.36(3)(j)(j) Kindergarten or other routine screening provided free of charge unless resulting in an IEP or IFSP referral; DHS 107.36 HistoryHistory: Emerg. cr. eff. 6-15-96; cr. Register, January, 1997, No. 493, eff. 2-1-97; correction in (2) (b) 3. made under s. 13.93 (2m) (b) 7., Stats., Register February 2002 No. 554; CR 03-033: am. (1) (a) 4., (b) to (i), (2) (a) and (b) 2. Register December 2003 No. 576, eff. 1-1-04; corrections in (1) (a) 2., (b), (c), (d), (f), (g) and (2) (b) 3. made under s. 13.93 (2m) (b) 7., Stats., Register October 2004 No. 586; corrections in (1) (a) 3., (h), (2) (b) (intro.), and (3) (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; correction in (1) (b) to (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755; correction in (1) (b) made under s. 35.17, Stats., Register August 2022 No. 800.
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Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
administrativecode/DHS 107.36(3)(e)
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