DHS 107.13(1)(b)7.a.a. A physician shall certify and recertify for each applicant or recipient that inpatient services in a psychiatric hospital are or were needed. DHS 107.13(1)(b)7.b.b. The certification shall be made at the time of admission or, if an individual applies for assistance while in a psychiatric hospital, before the agency authorizes payment. DHS 107.13(1)(b)8.a.a. Before a recipient is admitted to a psychiatric hospital or before payment is authorized, the attending physician or staff physician shall document and sign a written plan of care for the recipient or applicant. The physician’s plan of care shall include diagnosis, symptoms, complaints and complications indicating the need for admission; a description of the functional level of the individual; objectives; any orders for medications, treatments, restorative and rehabilitative services, activities, therapies, social services, diet or special procedures recommended for the health and safety of the patient; plans for continuing care, including review and modification to the plan of care; and plans for discharge. DHS 107.13(1)(b)8.b.b. The attending or staff physician and other personnel involved in the recipient’s care shall review each plan of care at least every 30 days. DHS 107.13(1)(b)9.9. ‘Record entries.’ A written report of each evaluation under subd. 6. and the plan of care under subd. 8. shall be entered in the applicant’s or recipient’s record at the time of admission or, if the individual is already in the facility, immediately upon completion of the evaluation or plan. DHS 107.13(1)(c)(c) Eligibility for non-institutional services. Recipients under age 22 or over age 64 who are inpatients in a hospital IMD are eligible for MA benefits for services not provided through that institution and reimbursed to the hospital as hospital services under s. DHS 107.08 and this subsection. DHS 107.13(1)(d)(d) Patient’s account. Each recipient who is a patient in a state, county, or private psychiatric hospital shall have an account established for the maintenance of earned or unearned money payments received, including social security and SSI payments. The account for a patient in a state mental health institute shall be kept in accordance with s. 46.07, Stats. The payee for the account may be the recipient, if competent, or a legal representative or bank officer except that a legal representative employed by a county department of social services or the department may not receive payments. If the payee of the resident’s account is a legally authorized representative, the payee shall submit an annual report on the account to the U.S. social security administration if social security or SSI payments have been paid into the account. DHS 107.13(1)(e)(e) Professional services provided to hospital IMD inpatients. In addition to meeting the conditions for provision of services listed under s. DHS 107.08 (4), including separate billing, the following conditions apply to professional services provided to hospital IMD inpatients: DHS 107.13(1)(e)1.1. Diagnostic interviews with the recipient’s immediate family members shall be covered services. In this subdivision, “immediate family members” means parents, guardian, spouse and children or, for a child in a foster home, the foster parents; DHS 107.13(1)(e)3.3. Electroconvulsive therapy shall be a covered service only when provided by a certified psychiatrist in a hospital setting. DHS 107.13(1)(f)(f) Non-covered services. The following services are not covered services: DHS 107.13(1)(f)1.1. Activities which are primarily diversional in nature such as services which act as social or recreational outlets for the recipient; DHS 107.13(1)(f)2.2. Mild tranquilizers or sedatives provided solely for the purpose of relieving the recipient’s anxiety or insomnia; DHS 107.13(1)(f)4.4. Conditional leave, convalescent leave or transfer days from psychiatric hospitals for recipients under the age of 21; DHS 107.13(1)(f)5.5. Psychotherapy or AODA treatment services when separately billed and performed by masters level therapists or AODA counsellors certified under s. DHS 105.22 or 105.23; DHS 107.13(1)(f)6.6. Group therapy services or medication management for hospital inpatients whether separately billed by an IMD hospital or by any other provider as an outpatient claim for professional services; DHS 107.13(1)(f)7.7. Court appearances, except when necessary to defend against commitment; and DHS 107.13(1)(f)8.8. Inpatient services for recipients between the ages of 21 and 64 when provided by a hospital IMD, except that services may be provided to a 21 year old resident of a hospital IMD if the person was a resident of that institution immediately prior to turning 21 and continues to be a resident after turning 21. A hospital IMD patient who is 21 to 64 years of age may be eligible for MA benefits while on convalescent leave from a hospital IMD. DHS 107.13 NoteNote: Subdivision 8 applies only to services for recipients 21 to 64 years of age who are actually residing in a psychiatric hospital or an IMD. Services provided to a recipient who is a patient in one of these facilities but temporarily hospitalized elsewhere for medical treatment or temporarily residing at a rehabilitation facility or another type of medical facility are covered services.
DHS 107.13 NoteNote: For more information on non-covered services, see ss. DHS 107.03 and 107.08 (4). DHS 107.13(2)(a)(a) Covered services. Except as provided in par. (b), outpatient psychotherapy services shall be covered services when provided by a provider certified under s. DHS 105.22, and when the following conditions are met: DHS 107.13(2)(a)1.1. A strength-based assessment, including differential diagnostic examination, is performed by a certified psychotherapy provider. A physician’s prescription is not necessary to perform the assessment. The assessment shall include: DHS 107.13(2)(a)1.b.b. Diagnosis established from the current Diagnostic and Statistical Manual of Mental Disorders including all 5 axes or, for children up to age four, the current Diagnostic Classification of Mental Health and Developmental Disorders of Infancy and Early Childhood. DHS 107.13(2)(a)1.d.d. The recipient’s strengths, and current and past psychological, social, and physiological data; information related to school or vocational, medical, and cognitive function; past and present trauma; and substance abuse. DHS 107.13(2)(a)1.e.e. The recipient’s unique perspective and own words about how he or she views his or her recovery, experience, challenges, strengths, needs, recovery goals, priorities, preferences, values and lifestyle, areas of functional impairment, and family and community support. DHS 107.13(2)(a)1.f.f. Barriers and strengths to the recipient’s progress and independent functioning. DHS 107.13(2)(a)3.a.a. A provider who is a licensed physician, licensed psychologist, or a licensed and certified advanced practice nurse prescriber who is individually certified under s. DHS 105.22 (1) (a), (b), or (bm) and who is working in an outpatient mental health clinic certified under s. DHS 105.22 or in private practice. DHS 107.13(2)(a)4.b.b. A hospital outpatient mental health clinic on the hospital’s physical premises. DHS 107.13(2)(a)4.h.h. Via telehealth when the provider is in a location that ensures privacy and confidentiality of recipient information and communications. DHS 107.13(2)(a)5.5. The provider who performs psychotherapy shall engage in contact with the recipient in person, via real-time interactive audio-visual telehealth, or real-time interactive audio-only telehealth for at least 5/6 of the time for which reimbursement is claimed under MA. DHS 107.13(2)(c)1.1. Collateral interviews shall be limited to members of the recipient’s immediate family. These are parents, spouse and children or, for children in foster care, foster parents. DHS 107.13(2)(c)2.2. No more than one provider may be reimbursed for the same psychotherapy session, unless the session involves a couple, family group or is a group therapy session. In this subdivision, “group therapy session” means a session not conducted in a hospital for an inpatient recipient at which there are more than one but not more than 10 individuals receiving psychotherapy services together from one or 2 providers. Under no circumstances may more than 2 providers be reimbursed for the same session. DHS 107.13(2)(c)3.3. Emergency psychotherapy may be performed by a provider for a recipient without a prescription for treatment or prior authorization when the provider has reason to believe that the recipient may immediately injure himself or herself or any other person. A prescription for the emergency treatment shall be obtained within 48 hours of the time the emergency treatment was provided, excluding weekends and holidays. Services shall be incorporated within the limits described in par. (b) and this paragraph, and subsequent treatment may be provided if par. (b) is followed. DHS 107.13(2)(c)4.4. Strength-based assessment, including a differential diagnostic evaluation for mental health, day treatment and substance abuse services shall be limited to 8 hours every calendar year per recipient as a unique procedure before prior authorization is required. DHS 107.13(2)(c)5.5. Services under this subsection are not reimbursable if the recipient is receiving community support program services under sub. (6) or psychosocial services provided through a community-based psychosocial service program under sub. (7). DHS 107.13(2)(c)6.6. Professional psychotherapy services provided to hospital inpatients in general hospitals, other than group therapy and medication management, are not considered inpatient services. Reimbursement shall be made to the psychiatrist, psychologist, or advanced practice nurse prescriber billing providers certified under s. DHS 105.22 (1) (a), (b), or (bm) who provide mental health professional services to hospital inpatients in accordance with requirements of this subsection. DHS 107.13(2)(d)(d) Non-covered services. All of the following services are not covered services: DHS 107.13(2)(d)2.2. Psychotherapy for individuals with the primary diagnosis of developmental disabilities, including intellectual disabilities, except when they experience psychological problems that necessitate psychotherapeutic intervention. DHS 107.13(2)(d)3.3. For individuals age 21 and over, psychotherapy provided in a person’s home. DHS 107.13 NoteNote: Section 49.45 (45), Stats., provides for in-home community mental health and alcohol and other drug abuse (AODA) services for individuals age 21 and over. However, these services are available to an individual only if the county, city, town or village in which the individual resides elects to make the services available and agrees to pay the non-federal share of the cost of those services. DHS 107.13(2)(d)4.4. Self-referrals. For purposes of this paragraph, “self-referral” means that a provider refers a recipient to an agency in which the provider has a direct financial interest, or to himself or herself acting as a practitioner in private practice. DHS 107.13(2)(d)5.5. Court appearances except when necessary to defend against commitment. DHS 107.13 NoteNote: For more information on non-covered services, see s. DHS 107.03. DHS 107.13(2m)(2m) The goals of psychotherapy and specific objectives to meet those goals shall be documented in the recipient’s recovery and treatment plan that is based on the strength-based assessment. In the recovery and treatment plan, the signs of improved functioning that will be used to measure progress towards specific objectives at identified intervals, agreed upon by the provider and recipient shall be documented. A mental health diagnosis and medications for mental health issues used by the recipient shall be documented in the recovery and treatment plan. DHS 107.13(3)(3) Alcohol and other drug abuse outpatient treatment services. DHS 107.13(3)(a)(a) Covered services. Outpatient alcohol and drug abuse treatment services shall be covered when prescribed by a physician, provided by a provider who meets the requirements of s. DHS 105.23, and when the following conditions are met: DHS 107.13(3)(a)2.2. Before being enrolled in an alcohol or drug abuse treatment program, the recipient receives a complete medical evaluation, including diagnosis, summary of present medical findings, medical history and explicit recommendations by the physician for participation in the alcohol or other drug abuse treatment program. A medical evaluation performed for this purpose within 60 days prior to enrollment shall be valid for reenrollment; DHS 107.13(3)(a)3.3. The supervising physician or psychologist develops a treatment plan which relates to behavior and personality changes being sought and to the expected outcome of treatment; DHS 107.13(3)(a)5.5. AODA treatment services are performed only in the office of the provider, a hospital or hospital outpatient clinic, an outpatient facility, a nursing home or a school or by telehealth when functionally equivalent to services provided in person; DHS 107.13(3)(a)6.6. The provider who performs AODA treatment services shall engage in contact with the recipient in person, via real-time interactive audio-visual telehealth, or real-time interactive audio-only telehealth for at least 5/6 of the time for which reimbursement is claimed. DHS 107.13(3)(c)1.1. No more than one provider may be reimbursed for the same AODA treatment session, unless the session involves a couple, a family group or is a group session. In this paragraph,“group session” means a session not conducted in a hospital for an inpatient recipient at which there are more than one but not more than 10 recipients receiving services together from one or 2 providers. No more than 2 providers may be reimbursed for the same session. No recipient may be held responsible for charges for services in excess of MA coverage under this paragraph. DHS 107.13(3)(c)2.2. Services under this subsection are not reimbursable if the recipient is receiving community support program services under sub. (6). DHS 107.13(3)(c)3.3. Professional AODA treatment services other than group therapy and medication management provided to hospital inpatients in general or to inpatients in IMDs are not considered inpatient services. Reimbursement shall be made to the psychiatrist or psychologist billing provider certified under s. DHS 105.22 (1) (a) or (b) or 105.23 who provides AODA treatment services to hospital inpatients in accordance with requirements under this subsection. DHS 107.13(3)(c)4.4. Medical detoxification services are not considered inpatient services if provided outside an inpatient general hospital or IMD. DHS 107.13(3)(d)(d) Non-covered services. The following services are not covered services: DHS 107.13(3)(d)2.2. Court appearances except when necessary to defend against commitment; and DHS 107.13 NoteNote: For more information on non-covered services, see s. DHS 107.03. DHS 107.13(3m)(3m) Alcohol and other drug abuse day treatment services. DHS 107.13(3m)(a)(a) Covered services. Alcohol and other drug abuse day treatment services shall be covered when prescribed by a physician, provided by a provider certified under s. DHS 105.25 and performed according to the recipient’s treatment program in a non-residential, medically supervised setting, and when the following conditions are met: DHS 107.13(3m)(a)1.1. An initial assessment is performed by qualified medical professionals under s. DHS 75.24 (11) for a potential participant. Services under this section shall be covered if the assessment concludes that AODA day treatment is medically necessary and that the recipient is able to benefit from treatment; DHS 107.13(3m)(a)2.2. A treatment plan based on the initial assessment is developed by the interdisciplinary team in consultation with the medical professionals who conducted the initial assessment and in collaboration with the recipient; DHS 107.13(3m)(a)3.3. The supervising physician or psychologist approves the recipient’s written treatment plan; DHS 107.13(3m)(a)4.4. The treatment plan includes measurable individual goals, treatment modes to be used to achieve these goals and descriptions of expected treatment outcomes; and DHS 107.13(3m)(a)5.5. The interdisciplinary team monitors the recipient’s progress, adjusting the treatment plan as required.
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Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
administrativecode/DHS 107.13(2)(a)1.b.
administrativecode/DHS 107.13(2)(a)1.b.
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