Analysis and supporting documents used to determine effect on small business
The Department collected public comments in regards to economic impact from August 6, 2018 to August 20, 2018. The Department also established an advisory committee comprised of representatives from Jackson, Portage, Marathon, Walworth, Green and Outagamie counties, as well as a representative from the Department of Children and Families. The advisory committee held nine open meetings in 2016 and 2017. The Department also reviewed policies and procedure materials from the Western Region of Integrated Care Consortia (Jackson, Monroe and La Crosse counties), Portage, Walworth, Green, Lafayette, Outagamie, and Marathon County.
Effect on small business
The proposed rule does not affect small business.
Agency contacts
Barry Kasten
Administrative Rule Coordinator
Division of Enterprise Services
(608) 266-0314
Statement on quality of agency data
The Department did not rely upon any data in preparing the proposed rule.
Place where comments are to be submitted and deadline for submission
[See PDF for proper formatting of the rule]
RULE TEXT
SECTION 1. DHS 1 (Title) is repealed and recreated to read:
UNIFORM FEES, LIABILITY AND COLLECTIONS
SECTION 2. DHS 1.01 is repealed and recreated to read:
DHS 1.01 Authority and purpose.
This chapter is authorized by s. 227.11 (2) and interprets ss. 46.03 (18) and 46.10, Stats., to establish a system for determining fees, liability, billing, and collection practices for services. SECTION 3. DHS 1.02 is repealed and recreated to read:
DHS 1.02 Definitions.
“Administratively unfeasible” means the cost of collection would likely exceed the fee established for a service.
“Client” means a person who has received services.
“Collection period” means the period of time calculated for each unit of service, which begins on the day a service is provided and ends as provided in ss. 893.87, 893.40, Stats., when the liability has been paid in full, or as provided under any other applicable statute of limitations. The cause of action accrues the month the service is provided. “County department” means any of the following:
(a)
A county department of social services under ss. 46.215, 46.22, or 46.23, Stats.(b)
A county department of community programs under s. 51.42, Stats.(c)
A county department of developmental disabilities services under s. 51.437, Stats.“Department” means the department of health services.
“Fee” means the amount established for a service under s. DHS 1.03. “Minor” means a person under 18 years of age.
“Parent” means any of the following:
(d)
A person who has legal custody under Wisconsin law of a minor client who receives services, or who had legal custody under Wisconsin law of a minor at the time services were provided, unless a court determined or ordered that the person is not liable or otherwise responsible for their payment.(e)
A resident of the state appointed guardian of a child by a foreign court who brought a child into this state for the purpose of adoption.“Services” means services provided to a person by the department or a county department, or care, maintenance, services and supplies described in s. 46.10 (2), Stats., except: (f)
Services provided by the department or a county department under ch. 48, subch. III or ch. 49, Stats.(g)
Community-based juvenile delinquency-related services.(h)
Juvenile correctional services.(i)
Services provided to courts.(j)
Outreach, information, and referral services.(k)
Services for which the department or a county department determines fee collection would be administratively unfeasible, or assignment of liability for the service would prevent accomplishing the purpose of the service.(l)
Any other services for which the department or a county department may not legally assess a fee, establish liability, or collect payment. “Spouse” means any of the following:
(m)
A person who is currently married, as recognized by Wisconsin law, to a person who received services. (n)
A person who was married, as recognized by Wisconsin law, to a person who received services at the time services were provided. SECTION 4. DHS 1.03 is repealed and recreated to read:
DHS 1.03 Fees.
(1)
The department shall establish fees for services provided. Fee schedules are updated annually each fall for use in the following calendar year. The maximum monthly payment schedule is calculated using the Consumer Price Index for the Midwest region, gross monthly income, and number of persons living in the family.(1)
(2)
Fees for services provided by the county department under s. 51.42, Stats., shall be established and approved annually by a county board of supervisors. (2)
SECTION 5. DHS 1.04 is repealed and recreated to read:
DHS 1.04 Liability.
(1)
GENERAL. Unless otherwise provided by law, the following persons are liable for services provided to a client:(o)
A client who is not a minor. (r)
A person that a court determines or orders to be liable or otherwise responsible for payment of services provided to a minor. (s)
Any other persons liable as provided under s. 46.10, Stats. AMOUNT OF LIABILITY. The amount of liability of any person under sub. (1) for services provided to a client shall be based upon the fee established under s. DHS 1.03, subject to subs. (4) and (5). ENFORCEMENT. The department may bring action to declare the liability of any person or entity under sub. (1), or to enforce payment toward such liability.
WAIVER.
(3)
The client receives Medical Assistance.
The client receives Social Security Disability or Supplemental Security Income.
4
NON-COMPLIANCE. The liability of a person under sub. (1) may not be waived as provided in sub. (4) if the department determines that the person does any of the following:
