Chapter DHS 153

DHS 153.07(3)(c) (c) The amount of a participant’s coinsurance shall be related to family size and to family income rounded to the nearest whole dollar, in accordance with the schedule in Table 153.07.

DHS 153.07(3)(d) (d) The amount that a patient pays in coinsurance annually may not exceed the following applicable percentage of the family’s income, rounded to the nearest whole dollar:

DHS 153.07(3)(d)1. 1. For an income of up to $10,000, 3%;

DHS 153.07(3)(d)2. 2. For an income of $10,001 to $20,000, 4%;

DHS 153.07(3)(d)3. 3. For an income of $20,001 to $40,000, 5%;

DHS 153.07(3)(d)4. 4. For an income of $40,001 to $60,000, 6%;

DHS 153.07(3)(d)5. 5. For an income of $60,001 to $80,000, 7%;

DHS 153.07(3)(d)6. 6. For an income of $80,001 to $100,000, 9%; and

DHS 153.07(3)(d)7. 7. For an income of $100,001 and over, 10%.

DHS 153.07(4) (4) Participant copayment. When a pharmacy directly bills the hemophilia home care program for a prescription received by a program participant, the participant is responsible for a $7.50 copayment amount for each generic drug and a $15.00 copayment amount for each brand name drug.

DHS 153.07(5) (5) Estate recovery.

DHS 153.07(5)(a) (a) An heir or beneficiary of the estate of a participant or a participant’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 153.07(5)(b) (b) For purposes of applying s. DHS 108.02 (12) (b) to (e) to this subsection the following definitions apply:

DHS 153.07(5)(b)1. 1. “Beneficiary” means any person nominated in a will to receive an interest in property other than in a fiduciary capacity;

DHS 153.07(5)(b)2. 2. “Decedent” means a deceased participant or the deceased surviving spouse of a participant who received benefits that are subject to recovery under s. 49.682 or 49.849, Stats.;

DHS 153.07(5)(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 153.07(5)(b)4. 4. “Recipient” means a participant who received reimbursement under s. 49.685, Stats.; and

DHS 153.07(5)(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 153.07(5)(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.

Table 153.07
Patient Coinsurance Liability for the Direct Cost of Treatment

DHS 153.07 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 153.07 History History: Cr. Register, December, 1994, No. 468, eff. 1-1-95; emerg. cr. (5), eff. 11-1-95; cr. (5), Register, April, 1996, No. 484, eff. 5-1-96; CR 02-070: am. (4) Register October 2002 No. 562, eff. 11-1-02; CR 04-051: am. (2) and (4), cr. (2) (f) to (h) Register November 2004 No. 587, eff. 12-1-04; corrections in (5) (a) and (b) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; corrections in (5) (a), (b) 2., 5., (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2014 No. 696.

DHS 153.08 DHS 153.08 Standards for comprehensive treatment centers.

DHS 153.08(1) (1) Compliance. A comprehensive hemophilia treatment center shall comply with the standards in this section.

DHS 153.08(2) (2) Staffing. A comprehensive hemophilia treatment center shall have the following staff:

DHS 153.08(2)(a) (a) A physician director.

DHS 153.08(2)(a)1. 1. The physician director shall be a physician licensed in Wisconsin and certified by the American board of internal medicine or American board of pediatrics or equivalent certifying body, with specialized training in hematology.

DHS 153.08(2)(a)2. 2. The responsibilities of the physician director shall include organizing and coordinating the administrative functions of the comprehensive hemophilia treatment center; delegating duties and establishing a formal means of accountability for those involved in patient care; participating in the development, negotiation and implementation of agreements into which the center may enter; maintaining records and submitting any required reports to the department; providing medical supervision; and developing written home care training policies and procedures and supervising their implementation.

DHS 153.08(2)(b) (b) Specialists on staff.

DHS 153.08(2)(b)1. 1. The center shall have a multidisciplinary staff which shall include a hematologist, internist, pediatrician, orthopedic surgeon, oral surgeon or dentist, radiologist, physical therapist, registered nurse, social worker and financial counselor.

DHS 153.08(2)(b)2. 2. The multidisciplinary staff and the physician director shall develop patient maintenance programs and shall provide services, including the training of patients in home care, access to the necessary psychosocial evaluations and referrals and assistance in securing reimbursement.

DHS 153.08(2)(c) (c) Specialists available. The center shall arrange for the availability of a nutritionist, psychiatrist or psychologist, and an educational, vocational or rehabilitation counselor, as needed.

DHS 153.08(3) (3) Facilities. A comprehensive hemophilia treatment center shall be approved under ss. 50.32 to 50.39, Stats., and ch. DHS 124, and shall meet all of the requirements of s. 1861 (e) of the Social Security Act of 1935, as amended, including having an agreement to participate in the federal Medicare program.

DHS 153.08(4) (4) Services. A comprehensive hemophilia treatment center shall provide all of the following:

DHS 153.08(4)(a) (a) Training in home care self-infusion techniques for hemophilia patients and their parents or guardians. This training shall include instructing the patient and whoever assists the patient in how to use the products, equipment and supplies necessary for home care treatment;

DHS 153.08(4)(b) (b) A written maintenance program for each home care hemophilia patient. The maintenance program shall be reviewed by the multidisciplinary staff every 6 months and shall accompany the patient in inter-facility transfer;

DHS 153.08(4)(c) (c) Blood products and home care supplies, including plasma factor concentrate, cryoprecipitate and fresh frozen plasma. Blood products and supplies may be provided directly or under agreement;

DHS 153.08(4)(d) (d) Emergency medical services 24-hours a day and 7 days a week for home care patients who need medical services; and

DHS 153.08(4)(e) (e) Services of a laboratory certified under 42 CFR 493 capable of testing for plasma factor deficiency and for the presence of inhibitors to one or more clotting factors. Laboratory services may be provided directly or under agreement.

DHS 153.08 Note Note: The department of health services regulates laboratories testing human specimens under agreement with the federal department of health and human services for compliance with 42 CFR 493.

DHS 153.08(5) (5) Availability of a grievance mechanism for patients. A center shall have a written grievance procedure and shall provide a copy to each patient. A patient shall be permitted to file a grievance.

DHS 153.08(6) (6) Documentation. All comprehensive hemophilia treatment centers and other providers shall maintain the following records:

DHS 153.08(6)(a) (a) Agreements with individual patients regarding home care, as described under s. DHS 153.03 (3);

DHS 153.08(6)(b) (b) Agreements with persons or organizations for payment which may be made, directly or indirectly, by the hemophilia home care program;

DHS 153.08(6)(c) (c) Billings and records which are the subject of the billings, as are necessary to disclose fully the nature and extent of the billings; and

DHS 153.08(6)(d) (d) Any and all prescriptions necessary to disclose the nature and extent of blood products and supplies provided and billed for under the program.

DHS 153.08 History History: Cr. Register, December, 1994, No. 468, eff. 1-1-95; corrections in (3) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; correction in (4) (e) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667.