Ch. DHS 138 NoteNote: Chapter HFS 138 was created as an emergency rule effective November 21, 1990. Chapter HFS 138 was renumbered chapter DHS 138 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 138.01DHS 138.01 Authority and purpose. This chapter is promulgated pursuant to ss. 252.16 and 252.17, Stats., for the purpose of enabling the department to administer a program to subsidize health insurance premium costs for an individual who takes unpaid medical leave or for an individual who is unable to continue his or her employment or must reduce his or her hours because of an illness or medical condition arising from or related to HIV infection.

DHS 138.01 HistoryHistory: Cr. Register, May, 1991, No. 425, eff. 6-1-91; am. Register, July, 1993, No. 451, eff. 8-1-93; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; am. Register, August, 1998, No. 512, eff. 9-1-98.

DHS 138.02DHS 138.02 Applicability. This chapter applies to any individual with HIV infection who is eligible to participate in the subsidy program under this chapter, to the individual’s employer, if the individual is currently employed, or former employer, if the individual is no longer employed, to the individual’s insurer and to the department.

DHS 138.03DHS 138.03 Definitions. In this chapter:

DHS 138.03(1)(1) “COBRA” means the federal consolidated omnibus budget reconciliation act of 1986, PL 99-272.

DHS 138.03(3)(3) “Dependent” means a spouse, domestic partner under ch. 770, Stats., or an unmarried child under the age of 19 years, an unmarried child who is a full-time student under the age of 21 years and who is financially dependent upon the parent, or an unmarried child of any age who is medically certified as disabled and who is dependent upon the parent.

DHS 138.03(4)(a)(a) An active or retired wage, commissioned or salaried earner whose services are or were utilized by the employer who provided health care coverage to the individual by virtue of the individual’s employment.

DHS 138.03(4)(b)(b) A member of a union, trust or association where the member is entitled to health care coverage by virtue of the individual’s membership in the union, trust or association.

DHS 138.03(5)(5) “Employer” means a group policyholder subject to s. 632.897, Stats., or the sponsor of a group health plan subject to 29 USC 1161 to 1168 or 42 USC 300bb-1 to 300bb-8, including a controlled group, partnership or other arrangement under common control, an affiliated service group and employee leasing arrangements.