Chapter DHS 107

DHS 107.30(4)(a)8. 8. Durable medical equipment for use in the recipient’s home.

DHS 107.30 Note Note: For more information on non-covered services, see s. DHS 107.03.

DHS 107.30 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; CR 20-039: r. (3) (b) Register October 2021 No. 790, eff. 11-1-21.

DHS 107.31 DHS 107.31 Hospice care services.

DHS 107.31(1) (1) Definitions.

DHS 107.31(1)(a) (a) “Attending physician” means a physician who is a doctor of medicine or osteopathy certified under s. DHS 105.05 and identified by the recipient as having the most significant role in the determination and delivery of his or her medical care at the time the recipient elects to receive hospice care.

DHS 107.31(1)(b) (b) “Bereavement counseling” means counseling services provided to the recipient’s family following the recipient’s death.

DHS 107.31(1)(c) (c) “Freestanding hospice” means a hospice that is not a physical part of any other type of certified provider.

DHS 107.31(1)(d) (d) “Interdisciplinary group” means a group of persons designated by a hospice to provide or supervise care and services and made up of at least a physician, a registered nurse, a medical worker and a pastoral counselor or other counselor, all of whom are employees of the hospice.

DHS 107.31(1)(e) (e) “Medical director” means a physician who is an employee of the hospice and is responsible for the medical component of the hospice’s patient care program.

DHS 107.31(1)(f) (f) “Respite care” means services provided by a residential facility that is an alternate place for a terminally ill recipient to stay to temporarily relieve persons caring for the recipient in the recipient’s home or caregiver’s home from that care.

DHS 107.31(1)(g) (g) “Supportive care” means services provided to the family and other individuals caring for a terminally ill person to meet their psychological, social and spiritual needs during the final stages of the terminal illness, and during dying and bereavement, including personal adjustment counseling, financial counseling, respite care and bereavement counseling and follow-up.

DHS 107.31(1)(h) (h) “Terminally ill” means that the medical prognosis for the recipient is that he or she is likely to remain alive for no more than 6 months.

DHS 107.31(2) (2) Covered services.

DHS 107.31(2)(a) (a) General. Hospice services covered by the MA program effective July 1, 1988 are, except as otherwise limited in this chapter, those services provided to an eligible recipient by a provider certified under s. DHS 105.50 which are necessary for the palliation and management of terminal illness and related conditions. These services include supportive care provided to the family and other individuals caring for the terminally ill recipient.

DHS 107.31(2)(b) (b) Conditions for coverage. Conditions for coverage of hospice services are:

DHS 107.31(2)(b)1. 1. Written certification by the hospice medical director, the physician member of the interdisciplinary team or the recipient’s attending physician that the recipient is terminally ill;

DHS 107.31(2)(b)2. 2. An election statement shall be filed with the hospice by a recipient who has been certified as terminally ill under subd. 1. and who elects to receive hospice care. The election statement shall designate the effective date of the election. A recipient who files an election statement waives any MA covered services pertaining to his or her terminal illness and related conditions otherwise provided under this chapter, except those services provided by an attending physician not employed by the hospice. However, the recipient may revoke the election of hospice care at any time and thereby have all MA services reinstated. A recipient may choose to reinstate hospice care services subsequent to revocation. In that event, the requirements of this section again apply;

DHS 107.31(2)(b)3. 3. A written plan of care shall be established by the attending physician, the medical director or physician designee and the interdisciplinary team for a recipient who elects to receive hospice service prior to care being provided. The plan shall include:

DHS 107.31(2)(b)3.a. a. An assessment of the needs of the recipient;

DHS 107.31(2)(b)3.b. b. The identification of services to be provided, including management of discomfort and symptom relief;

DHS 107.31(2)(b)3.c. c. A description of the scope and frequency of services to the recipient and the recipient’s family; and

DHS 107.31(2)(b)3.d. d. A schedule for periodic review and updating of the plan; and

DHS 107.31(2)(b)4. 4. A statement of informed consent. The hospice shall obtain the written consent of the recipient or recipient’s representative for hospice care on a consent form signed by the recipient or recipient’s representative that indicates that the recipient is informed about the type of care and services that may be provided to him or her by the hospice during the course of illness and the effect of the recipient’s waiver of regular MA benefits.

DHS 107.31(2)(c) (c) Core services. The following services are core services which shall be provided directly by hospice employees unless the conditions of sub. (3) apply:

DHS 107.31(2)(c)1. 1. Nursing care by or under the supervision of a registered nurse;

DHS 107.31(2)(c)2. 2. Physician services;

DHS 107.31(2)(c)3. 3. Medical social services provided by a social worker under the direction of a physician. The social worker shall have at least a bachelor’s degree in social work from a college or university accredited by the council of social work education; and

DHS 107.31(2)(c)4. 4. Counseling services, including but not limited to bereavement counseling, dietary counseling and spiritual counseling.

DHS 107.31(2)(d) (d) Other services. Other services which shall be provided as necessary are:

DHS 107.31(2)(d)1. 1. Physical therapy;

DHS 107.31(2)(d)2. 2. Occupational therapy;

DHS 107.31(2)(d)3. 3. Speech pathology;

DHS 107.31(2)(d)4. 4. Home health aide and homemaker services;

DHS 107.31(2)(d)5. 5. Durable medical equipment and supplies;

DHS 107.31(2)(d)6. 6. Drugs; and

DHS 107.31(2)(d)7. 7. Short-term inpatient care for pain control, symptom management and respite purposes.

DHS 107.31(3) (3) Other limitations.

DHS 107.31(3)(a) (a) Short-term inpatient care.

DHS 107.31(3)(a)1. 1. General inpatient care necessary for pain control and symptom management shall be provided by a hospital, a skilled nursing facility certified under this chapter or a hospice providing inpatient care in accordance with the conditions of participation for Medicare under 42 CFR 418.98.

DHS 107.31(3)(a)2. 2. Inpatient care for respite purposes shall be provided by a facility under subd. 1. or by an intermediate care facility which meets the additional certification requirements regarding staffing, patient areas and 24 hour nursing service for skilled nursing facilities under subd. 1. An inpatient stay for respite care may not exceed 5 consecutive days at a time.

DHS 107.31(3)(a)3. 3. The aggregate number of inpatient days may not exceed 20% of the aggregate total number of hospice care days provided to all MA recipients enrolled in the hospice during the period beginning November 1 of any year and ending October 31 of the following year. Inpatient days for persons with acquired immune deficiency syndrome (AIDS) are not included in the calculation of aggregate inpatient days and are not subject to this limitation.

DHS 107.31(3)(b) (b) Care during periods of crisis. Care may be provided 24 hours a day during a period of crisis as long as the care is predominately nursing care provided by a registered nurse. Other care may be provided by a home health aide or homemaker during this period. “Period of crisis” means a period during which an individual requires continuous care to achieve palliation or management of acute medical symptoms.

DHS 107.31(3)(c) (c) Sub-contracting for services.

DHS 107.31(3)(c)1. 1. Services required under sub. (2) (c) shall be provided directly by the hospice unless an emergency or extraordinary circumstance exists.

DHS 107.31(3)(c)2. 2. A hospice may contract for services required under sub. (2) (d). The contract shall include identification of services to be provided, the qualifications of the contractor’s personnel, the role and responsibility of each party and a stipulation that all services provided will be in accordance with applicable state and federal statutes, rules and regulations and will conform to accepted standards of professional practice.

DHS 107.31(3)(c)3. 3. When a resident of a skilled nursing facility or an intermediate care facility elects to receive hospice care services, the hospice shall contract with that facility to provide the recipient’s room and board. Room and board includes assistance in activities of daily living and personal care, socializing activities, administration of medications, maintaining cleanliness of the recipient’s room and supervising and assisting in the use of durable medical equipment and prescribed therapies.

DHS 107.31(3)(d) (d) Reimbursement for services.

DHS 107.31(3)(d)1. 1. The hospice shall be reimbursed for care of a recipient at per diem rates set by the federal health care financing administration (HCFA).

DHS 107.31(3)(d)2. 2. A maximum amount, or hospice cap, shall be established by the department for aggregate payments made to the hospice during a hospice cap period. A hospice cap period begins November 1 of each year and ends October 31 of the following year. Payments made to the hospice provider by the department in excess of the cap shall be repaid to the department by the hospice provider.

DHS 107.31(3)(d)3. 3. The hospice shall reimburse any provider with whom it has contracted for service, including a facility providing inpatient care under par. (a).

DHS 107.31(3)(d)4. 4. Skilled nursing facilities and intermediate care facilities providing room and board for residents who have elected to receive hospice care services shall be reimbursed for that room and board by the hospice.

DHS 107.31(3)(d)5. 5. Bereavement counseling and services and expenses of hospice volunteers are not reimbursable under MA.

DHS 107.31 History History: Cr. Register, February, 1988, No. 386, eff. 3-1-88; emerg. am. (2) (a) and (3) (d) 1., r. and recr. (3) (a) 3., renum. (3) (d) 2. to 4. to be 3. to 5. and cr. (3) (d) 2., eff. 7-1-88; am. (2) (a), (3) (a) 1. and (d) 1., r. and recr. (3) (a) 3., renum. (3) (d) 2. to 4. to be 3. to 5. and cr. (3) (d) 2., Register, December, 1988, No. 396, eff. 1-1-89; corrections in (1) (a) and (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636.

DHS 107.32 DHS 107.32 Case management services.

DHS 107.32(1) (1) Covered services.

DHS 107.32(1)(a) (a) General.

DHS 107.32(1)(a)1. 1. Case management services covered by MA are services described in this section and provided by an agency certified under s. DHS 105.51 or by a qualified person under contract to an agency certified under s. DHS 105.51 to help a recipient, and, when appropriate, the recipient’s family gain access to, coordinate or monitor necessary medical, social, educational, vocational and other services.

DHS 107.32(1)(a)2. 2. Case management services under pars. (b) and (c) are provided under s. 49.45 (25), Stats., as benefits to those recipients in a county in which case management services are provided who are over age 64, are diagnosed as having Alzheimer’s disease or other dementia, or are members of one or more of the following target populations: developmentally disabled, chronically mentally ill who are age 21 or older, alcoholic or drug dependent, physically or sensory disabled, or under the age of 21 and severely emotionally disturbed. In this subdivision, “severely emotionally disturbed”means having emotional and behavioral problems which:

DHS 107.32(1)(a)2.a. a. Are expected to persist for at least one year;

DHS 107.32(1)(a)2.b. b. Have significantly impaired the person’s functioning for 6 months or more and, without treatment, are likely to continue for a year or more. Areas of functioning include: developmentally appropriate self-care; ability to build or maintain satisfactory relationships with peers and adults; self-direction, including behavioral controls, decisionmaking, judgment and value systems; capacity to live in a family or family equivalent; and learning ability, or meeting the definition of “child with exceptional educational needs” under ch. PI 1 and s. 115.76 (3), Stats.;

DHS 107.32(1)(a)2.c. c. Require the person to receive services from 2 or more of the following service systems: mental health, social services, child protective services, juvenile justice and special education; and

DHS 107.32(1)(a)2.d. d. Include mental or emotional disturbances diagnosable under DSM-III-R. Adult diagnostic categories appropriate for children and adolescents are organic mental disorders, psychoactive substance use disorders, schizophrenia, mood disorders, schizophreniform disorders, somatoform disorders, sexual disorders, adjustment disorder, personality disorders and psychological factors affecting physical condition. Disorders usually first evident in infancy, childhood and adolescence include pervasive developmental disorders (Axis II), conduct disorder, anxiety disorders of childhood or adolescence and tic disorders.

DHS 107.32 Note Note: DSM-111-R is the 1987 revision of the 3rd edition (1980) of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

DHS 107.32(1)(a)3. 3. Case management services under par. (d) are available as benefits to a recipient identified in subd. 2. if:

DHS 107.32(1)(a)3.a. a. The recipient is eligible for and receiving services in addition to case management from an agency or through medical assistance which enable the recipient to live in a community setting; and

DHS 107.32(1)(a)3.b. b. The agency has a completed case plan on file for the recipient.

DHS 107.32(1)(a)4. 4. The standards specified in s. 46.27, Stats., for assessments, case planning and ongoing monitoring and service coordination shall apply to all covered case management services.

DHS 107.32 Note Note: Section 46.27, Stats., has been repealed.

DHS 107.32(1)(b) (b) Case assessment. A comprehensive assessment of a recipient’s abilities, deficits and needs is a covered case management service. The assessment shall be made by a qualified employee of the certified case management agency or by a qualified employee of an agency under contract to the case management agency. The assessment shall be completed in writing and shall include face-to-face contact with the recipient. Persons performing assessments shall possess skills and knowledge of the needs and dysfunctions of the specific target population in which the recipient is included. Persons from other relevant disciplines shall be included when results of the assessment are interpreted. The assessment shall document gaps in service and the recipient’s unmet needs, to enable the case management provider to act as an advocate for the recipient and assist other human service providers in planning and program development on the recipient’s behalf. All services which are appropriate to the recipient’s needs shall be identified in the assessment, regardless of availability or accessibility of providers or their ability to provide the needed service. The written assessment of a recipient shall include:

DHS 107.32(1)(b)1. 1. Identifying information;

DHS 107.32(1)(b)2. 2. A record of any physical or dental health assessments and consideration of any potential for rehabilitation;

DHS 107.32(1)(b)3. 3. A record of the multi-disciplinary team evaluation required for a recipient who is a severely emotionally disturbed child under s. 49.45 (25), Stats.;

DHS 107.32(1)(b)4. 4. A review of the recipient’s performance in carrying out activities of daily living, including moving about, caring for self, doing household chores and conducting personal business, and the amount of assistance required;

DHS 107.32(1)(b)5. 5. Social status and skills;

DHS 107.32(1)(b)6. 6. Psychiatric symptomatology, and mental and emotional status;

DHS 107.32(1)(b)7. 7. Identification of social relationships and support, as follows:

DHS 107.32(1)(b)7.a. a. Informal caregivers, such as family, friends and volunteers; and

DHS 107.32(1)(b)7.b. b. Formal service providers;

DHS 107.32(1)(b)8. 8. Significant issues in the recipient’s relationships and social environment;

DHS 107.32(1)(b)9. 9. A description of the recipient’s physical environment, especially in regard to safety and mobility in the home and accessibility;

DHS 107.32(1)(b)10. 10. The recipient’s need for housing, residential support, adaptive equipment and assistance with decision-making;

DHS 107.32(1)(b)11. 11. An in-depth financial resource analysis, including identification of insurance, veterans’ benefits and other sources of financial and similar assistance;

DHS 107.32(1)(b)12. 12. If appropriate, vocational and educational status, including prognosis for employment, rehabilitation, educational and vocational needs, and the availability and appropriateness of educational, rehabilitation and vocational programs;

DHS 107.32(1)(b)13. 13. If appropriate, legal status, including whether there is a guardian and any other involvement with the legal system;

DHS 107.32(1)(b)14. 14. Accessibility to community resources which the recipient needs or wants; and

DHS 107.32(1)(b)15. 15. Assessment of drug and alcohol use and misuse, for AODA target population recipients.

DHS 107.32(1)(c) (c) Case planning. Following the assessment with its determination of need for case management services, a written plan of care shall be developed to address the needs of the recipient. Development of the written plan of care is a covered case management service. To the maximum extent possible, the development of a care plan shall be a collaborative process involving the recipient, the family or other supportive persons and the case management provider. The plan of care shall be a negotiated agreement on the short and long term goals of care and shall include:

DHS 107.32(1)(c)1. 1. Problems identified during the assessment;