Chapter DHS 152

DHS 152.06 Note Note: The mailing address of the Office of Administrative Hearings is P.O. Box 7875, Madison, Wisconsin 53707.

DHS 152.06(3)(g) (g) A provider shall accept the amount paid under this section for the service as payment in full and may not bill the patient for any amount by which the charge for the service exceeds the amount paid for the service under this section.

DHS 152.06(3)(h) (h) The department shall use common methods employed by managed care programs and the medical assistance program to contain costs, including prior authorization and other limitations regarding health care utilization and reimbursement.

DHS 152.06 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; cr. (8), r. and recr. Table, Register, May, 1992, No. 437, eff. 6-1-92; emerg. r. and recr. Table cr. (6) (d), eff. 9-1-93; r. and recr. Register, December, 1994, No. 468, eff. 1-1-95; CR 04-051: cr. (3) (g) and (h) Register November 2004 No. 587, eff. 12-1-04.

DHS 152.065 DHS 152.065 Patient liability.

DHS 152.065(1) (1) Calculation.

DHS 152.065(1)(a) (a) A certified patient’s liability to contribute toward the cost of treatment shall be calculated as follows:

DHS 152.065(1)(a)1. 1. If the patient’s estimated total family income for the current year exceeds 300% of the federal poverty guidelines, the patient is liable to obligate or expend a portion of that income, as specified in sub. (2), to pay the medical expenses for treatment of kidney disease before the CRD program will provide assistance in paying for treatment;

DHS 152.065(1)(a)2. 2. The patient is liable for any deductible under sub. (3);

DHS 152.065(1)(a)3. 3. The patient is liable for a coinsurance amount based on the amount reimbursable by the CRD program and family size and income in accordance with sub. (4) and Table 152.065;

DHS 152.065(1)(a)4. 4. The sum of the patient’s deductibles under sub. (3) and coinsurance obligation under sub. (4) in a year may not exceed the applicable percentage of income limit in sub. (5) unless the annual deductibles under sub. (3) are greater; and

DHS 152.065(1)(a)5. 5. In addition, the patient is liable for a copayment amount under sub. (6) when the pharmacy bills the CRD program.

DHS 152.065(1)(b) (b) If there are 2 or more certified patients in the same family, the family’s liability shall be limited to the liability of one member of the family.

DHS 152.065(2) (2) Income deductible. A certified patient whose estimated total family income in the current year is at or above 200% of the federal poverty guidelines shall obligate or expend the following percentage of that income to pay the cost of medical treatment for the chronic renal disease before the CRD program will provide assistance in paying for the cost of treatment:

DHS 152.065(2)(a) (a) When total family income is from 200% to 250% of the federal poverty guidelines, 0.50% of that income.

DHS 152.065(2)(b) (b) When total family income is more than 250% but not more than 275% of the federal poverty guidelines, 0.75% of that income.

DHS 152.065(2)(c) (c) When total family income is more than 275% but not more than 300% of the federal poverty guidelines, 1.0% of that income.

DHS 152.065(2)(d) (d) When total family income is more than 300% but not more than 325% of the federal poverty guidelines, 1.25% of that income.

DHS 152.065(2)(e) (e) When total family income is more than 325% but not more than 350% of the federal poverty guidelines, 2.0% of that income.

DHS 152.065(2)(f) (f) When total family income is more than 350% but not more than 375% of the federal poverty guidelines, 2.75% of that income.

DHS 152.065(2)(g) (g) When total family income is more than 375% but not more than 400% of the federal poverty guidelines, 3.5% of that income.

DHS 152.065(2)(h) (h) When total family income is more than 400% of the federal poverty guidelines, 4.5% of that income.

DHS 152.065(3) (3) Medicare-equivalent deductibles.

DHS 152.065(3)(a) (a) An amount equal to the medicare part A deductible, as defined under 42 USC 1395e and 42 CFR 409.82, shall be assessed all certified patients for the first inpatient hospital stay in a 12-month period.

DHS 152.065(3)(b) (b) An amount equal to the medicare part B deductible, as defined under 42 USC 1395L (b), shall be assessed all certified patients for the first outpatient visit in a 12-month period.

DHS 152.065(4) (4) Patient coinsurance.

DHS 152.065(4)(a) (a) The coinsurance amount which a patient pays to the provider as part of the cost of treatment of the patient’s chronic renal disease shall be based on the amount reimbursable by the program.

DHS 152.065(4)(b) (b) A patient’s coinsurance amount shall be determined at the time the patient is certified for coverage and redetermined annually thereafter.

DHS 152.065(4)(c) (c) The amount of a patient’s coinsurance shall be related to family size and income, rounded to the nearest whole dollar, and expressed as a percentage of the charges for treatment in accordance with the schedule in Table 152.065.

DHS 152.065(5) (5) Limit on liability.

DHS 152.065(5)(a) (a) Each patient’s liability in a year for medicare-equivalent deductibles under sub. (3) and coinsurance under sub. (4) may not exceed the following applicable percentage of the family’s income, rounded to the nearest whole dollar, unless the annual deductibles under sub. (3) are greater:

DHS 152.065(5)(a)1. 1. For an income of up to $10,000, 3%;

DHS 152.065(5)(a)2. 2. For an income of $10,001, to $20,000, 4%;

DHS 152.065(5)(a)3. 3. For an income of $20,001 to $40,000, 5%;

DHS 152.065(5)(a)4. 4. For an income of $40,001 to $60,000, 6%;

DHS 152.065(5)(a)5. 5. For an income of $60,001 to $80,001, 7%;

DHS 152.065(5)(a)6. 6. For an income of $80,001 to $100,000, 9%; and

DHS 152.065(5)(a)7. 7. For an income of $100,001 and over, 10%.

DHS 152.065(5)(b) (b) The limit on liability under par. (a) does not include the income deductible under sub. (2).

DHS 152.065(6) (6) Patient copayment. When a pharmacy directly bills the chronic renal disease program for a prescription received by an ESRD patient, the patient is responsible for a $7.50 copayment amount for each generic drug and a $15.00 copayment amount for each brand name drug.

DHS 152.065(7) (7) Estate recovery.

DHS 152.065(7)(a) (a) An heir or beneficiary of the estate of a patient or a patient’s surviving spouse may apply to the department for a waiver of an estate claim filed by the department pursuant to s. 49.682 or 49.849, Stats. The criteria for granting waivers in s. DHS 108.02 (12) (b) shall apply to applications under this subsection. All of the procedures and rights in s. DHS 108.02 (12) (b) to (e) shall apply to this subsection.

DHS 152.065(7)(b) (b) For purposes of applying s. DHS 108.02 (12) (b) to (e) to this subsection the following definitions apply:

DHS 152.065(7)(b)1. 1. “Beneficiary” means any person nominated in a will to receive an interest in property other than in a fiduciary capacity;

DHS 152.065(7)(b)2. 2. “Decedent” means a deceased patient or the deceased surviving spouse of a patient who received benefits that are subject to recovery under s. 49.682 or 49.849, Stats.;

DHS 152.065(7)(b)3. 3. “Heir” means any person who is entitled under the statutes of intestate succession, ch. 852, Stats., to an interest in property of a decedent;

DHS 152.065(7)(b)4. 4. “Recipient” means a patient who received reimbursement under s. 49.48, Stats.; and

DHS 152.065(7)(b)5. 5. “Waiver applicant” means a beneficiary or heir of a decedent who requests the department to waive an estate claim filed by the department pursuant to s. 49.682 or 49.849, Stats.

DHS 152.065(7)(c) (c) The department may make adjustments to and settle estate claims filed under s. 49.682 or 49.849, Stats., to obtain the fullest amount practicable.

- See PDF for table

- See PDF for table

DHS 152.065 Note Note: To illustrate how a patient’s coinsurance liability is calculated, assume that the family has 2 members and an annual income of $38,000, and that a bill has been received for treatment in the amount of $600. The patient would be liable for 16% of that bill, or $96.

DHS 152.065 History History: Cr. Register, December, 1994, No. 468, eff. 1-1-95; emerg. cr. (7), eff. 11-1-95; cr. (7), Register, April, 1996, No. 484, eff. 5-1-96; CR 02-070: am. (6) Register October 2002 No. 562, eff. 11-1-02; CR 04-051: am. (2) and (6), cr. (2) (f) to (h) Register November 2004 No. 587, eff. 12-1-04; corrections in (7) (a) and (b) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; corrections in (7) (a), (b) 2., 5., (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2013 No. 696.

DHS 152.07 DHS 152.07 Standards for renal transplantation centers.

DHS 152.07(1) (1) General. To be reimbursed by the CRD program, renal transplantation centers shall comply with the standards in this section.

DHS 152.07(2) (2) Staffing. A renal transplantation center shall have the following staff:

DHS 152.07(2)(a) (a) A transplant surgeon;

DHS 152.07(2)(b) (b) A nephrologist;

DHS 152.07(2)(c) (c) Other physicians licensed in Wisconsin or, if employed by an ESRD unit approved under this chapter in a border state, in that state, with experience in the following specialties: cardiology, endocrinology, hematology, neurology, infectious disease, orthopedics, pathology, psychiatry, nuclear medicine, radiology, urology, immunology, anesthesiology, gastroenterology, vascular surgery, pediatrics if pediatric patients are under care, neurosurgery and cardiovascular surgery;

DHS 152.07(2)(d) (d) A nurse;

DHS 152.07(2)(e) (e) A dietitian; and

DHS 152.07(2)(f) (f) A social worker.

DHS 152.07(3) (3) Services. The hospital housing the renal transplantation center shall:

DHS 152.07(3)(a) (a) Be approved under ss. 50.32 to 50.39, Stats., and ch. DHS 124, meet all the requirements of 42 USC 1395x (e) and be a certified medicare provider;

DHS 152.07(3)(b) (b) Be approved under 42 USC 1395rr (b);

DHS 152.07(3)(c) (c) Have laboratory services approved for participation in medicare and under 42 CFR 493 (CLIA) available for cross-matching of recipient serum and donor lymphocytes for preformed antibodies by an acceptable technique on a 24-hour emergency basis. Other available laboratory services shall include:

DHS 152.07(3)(c)1. 1. Suitable maintenance of recipient sera and typing reagents;

DHS 152.07(3)(c)2. 2. Phenotyping for donors and recipients;

DHS 152.07(3)(c)3. 3. Updating and retyping for human lymphocyte antigens (HLA);

DHS 152.07(3)(c)4. 4. Screening of recipient sera for preformed antibodies with a suitable lymphocyte panel;

DHS 152.07(3)(c)5. 5. Testing the mixed lymphocyte cultures to determine cellularly defined antigens;

DHS 152.07(3)(c)6. 6. ABO blood grouping and typing;

DHS 152.07(3)(c)7. 7. Unusual pathogen culturing, fungal cultures, tissue cultures and tuberculosis cultures;

DHS 152.07(3)(c)8. 8. Immunofluorescence and electron microscopy;

DHS 152.07(3)(c)9. 9. Urine glucose, protein, and microscopy;

DHS 152.07(3)(c)10. 10. Complete blood count (CBC) and platelet count;

DHS 152.07(3)(c)11. 11. Blood gases and blood pH;

DHS 152.07(3)(c)12. 12. Serum calcium, potassium, phosphorous, and glucose;

DHS 152.07(3)(c)13. 13. Blood urea nitrogen (BUN), creatinine, serum glutamic-oxaloacetic transaminase (SGOT), serum glutamic-pyruvic transaminase (SGPT), lactic dehydrogenase (LDH) and prothrombin time; and

DHS 152.07(3)(c)14. 14. Spinal fluid and bone marrow exams;

DHS 152.07(3)(d) (d) Have available other support services, including physical therapy, pharmacy, inhalation therapy, blood banking, dialysis, nerve conduction, cardiac catheterization, electroencephalography, diagnostic ultrasound, angiography and diagnostic radioisotopic scanning;

DHS 152.07(3)(e) (e) Participate in a patient registry program; and

DHS 152.07(3)(f) (f) Provide outpatient services for the evaluation, care and follow-up of renal transplantation patients.

DHS 152.07(4) (4) Physical design. In regard to physical design, the renal transplantation center shall:

DHS 152.07(4)(a) (a) Provide a minimum of 10 beds to accommodate patients before and after transplantation; and

DHS 152.07(4)(b) (b) Have rooms on the unit designed to provide isolation or segregation from patients with an infection or a communicable disease.

DHS 152.07(5) (5) Equipment and supplies. In regard to equipment and supplies, the renal transplantation center shall have:

DHS 152.07(5)(a) (a) Donor kidney preservation equipment on the premises or available under arrangement or agreement, with donor kidneys preserved by currently acceptable medical methods; and

DHS 152.07(5)(b) (b) Emergency resuscitation equipment available on the premises.