DHS 107.03(16)(16) Services provided to recipients when outside the United States, except Canada or Mexico; DHS 107.03(17)(17) Separate charges for the time involved in completing necessary forms, claims or reports; DHS 107.03(18)(18) Services provided by a hospital or professional services provided to a hospital inpatient are not covered services unless billed separately as hospital services under s. DHS 107.08 or 107.13 (1) or as professional services under the appropriate provider type. No recipient may be billed for these services as non-covered; DHS 107.03(19)(19) Services, drugs and items that are provided for the purpose of enhancing the prospects of fertility in males or females, including but not limited to the following: DHS 107.03(19)(a)(a) Artificial insemination, including but not limited to intra-cervical and intra-uterine insemination; DHS 107.03(19)(c)(c) Infertility testing, including but not limited to tubal patency, semen analysis or sperm evaluation; DHS 107.03(19)(d)(d) Reversal of female sterilization, including but not limited to tubouterine implantation, tubotubal anastomoses or fimbrioplasty; DHS 107.03(19)(e)(e) Fertility-enhancing drugs used for the treatment of infertility; DHS 107.03(19)(g)(g) Office visits, consultations and other encounters to enhance the prospects of fertility; and DHS 107.03(20)(20) Surrogate parenting and related services, including but not limited to artificial insemination and subsequent obstetrical care; DHS 107.03(23)(23) Drugs, including hormone therapy, associated with transsexual surgery or medically unnecessary alteration of sexual anatomy or characteristics; DHS 107.03 NoteNote: In Flack v. Wisconsin Dep’t of Health Servs, 395 F. Supp. 3d 1001 (W.D. Wis. 2019), the United States District Court for the Western District of Wisconsin held that ss. DHS 107.03 (23) and (24) and 107.10 (4) (p) violated the Equal Protection Clause of the Fourteenth Amendment, s. 1557 of the Affordable Care Act, and the federal Medicaid Act. The court in Flack permanently enjoined the department from enforcing those provisions. DHS 107.03 NoteNote: In Flack v. Wisconsin Dep’t of Health Servs, 395 F. Supp. 3d 1001 (W.D. Wis. 2019), the United States District Court for the Western District of Wisconsin held that ss. DHS 107.03 (23) and (24) and 107.10 (4) (p) violated the Equal Protection Clause of the Fourteenth Amendment, s. 1557 of the Affordable Care Act, and the federal Medicaid Act. The court in Flack permanently enjoined the department from enforcing those provisions. DHS 107.03(25)(25) Impotence devices and services, including but not limited to penile prostheses and external devices and to insertion surgery and other related services; and DHS 107.03 HistoryHistory: Cr. Register, February, 1986, No. 362, eff. 3-1-86; emerg. r. and recr. (15), eff. 8-1-88; r. and recr. (15), Register, December, 1988, No. 396, eff. 1-1-89; emerg. am. (15), eff. 6-1-89; am. (15), Register, February, 1990, No. 410, eff. 3-1-90; am. (10), (12), (16) and (17), cr. (18), Register, September, 1991, No. 429, eff. 10-1-91; am. (17) and (18), cr. (19) to (26), Register, January, 1997, No. 493, eff. 2-1-97; correction in (13) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 2000, No. 538; CR 20-039: am. (12) Register October 2021 No. 790, eff. 11-1-21; CR 22-043: am. (1) Register May 2023 No. 809, eff. 6-1-23. DHS 107.035DHS 107.035 Definition and identification of experimental services. DHS 107.035(1)(1) Definition. “Experimental in nature,” as used in s. DHS 107.03 (4) and this section, means a service, procedure or treatment provided by a particular provider which the department has determined under sub. (2) not to be a proven and effective treatment for the condition for which it is intended or used. DHS 107.035(2)(2) Departmental review. In assessing whether a service provided by a particular provider is experimental in nature, the department shall consider whether the service is a proven and effective treatment for the condition which it is intended or used, as evidenced by: DHS 107.035(2)(a)(a) The current and historical judgment of the medical community as evidenced by medical research, studies, journals or treatises; DHS 107.035(2)(b)(b) The extent to which medicare and private health insurers recognize and provide coverage for the service; DHS 107.035(2)(c)(c) The current judgment of experts and specialists in the medical specialty area or areas in which the service is applicable or used; and DHS 107.035(2)(d)(d) The judgment of the MA medical audit committee of the state medical society of Wisconsin or the judgment of any other committee which may be under contract with the department to perform health care services review within the meaning of s. 146.37, Stats.