DHS 1.04(1) (1) General. Unless otherwise provided by law, the following persons are liable for services provided to a client:

DHS 1.04(1)(a) (a) A client who is not a minor.

DHS 1.04(1)(b) (b) A spouse.

DHS 1.04(1)(c) (c) A parent.

DHS 1.04(1)(d) (d) A person that a court determines or orders to be liable or otherwise responsible for payment of services provided to a minor.

DHS 1.04(1)(e) (e) Any other persons liable as provided under s. 46.10, Stats.

DHS 1.04(2) (2) Amount of liability. The amount of liability of any person under sub. (1) for services provided to a client shall be based upon the fee established under s. DHS 1.03, subject to subs. (4) and (5).

DHS 1.04(3) (3) Enforcement. The department may bring action to declare the liability of any person or entity under sub. (1), or to enforce payment toward such liability.

DHS 1.04(4) (4) Waiver.

DHS 1.04(4)(a) (a) The department or a county department may permanently waive the liability for a service rendered to a client for any of the following reasons:

DHS 1.04(4)(a)1. 1. The client receives Medical Assistance.

DHS 1.04(4)(a)2. 2. The client receives Social Security Disability or Supplemental Security Income.

DHS 1.04(4)(a)3. 3. No payments are required under s. DHS 1.05 (4).

DHS 1.04(4)(a)4. 4. The liability is for a service, meeting the exception in s. DHS 1.02 (9) (f).

DHS 1.04(4)(b) (b) Any liability that is waived under par. (a) shall be documented as provided in s. DHS 1.05 (5) (e).

DHS 1.04(5) (5) Non-compliance. The liability of a person under sub. (1) may not be waived as provided in sub. (4) if the department determines that the person does any of the following:

DHS 1.04(5)(a) (a) Refuses to complete a financial responsibility form or to provide documentation required to verify information provided in a financial responsibility form.

DHS 1.04(5)(b) (b) Intentionally misrepresents any information provided in a financial responsibility form.

DHS 1.04 Note Note: The financial responsibility form is available by accessing: https://www.dhs.wisconsin.gov/forms/f8/f80130.pdf.

DHS 1.04(6) (6) Cost-share exception. Subsections (1) to (3) do not apply to an individual who is required to meet department cost-sharing requirements under s. 49.45 (18), Stats., for receiving services from community based residential facilities or any other assisted living facility.

DHS 1.04 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) (intro.) and (a), renum. (1) (d) and (e) to be (1) (g) and (h), r. and recr. (1) (g), cr. (1) (d) to (f), Register, November, 1979, No. 287, eff. 1-1-80; am. (1) (d) (intro.) and (2) (e), cr. (2) (f), Register, September, 1984, No. 345, eff. 10-1-84; am. (1) (intro.), (g) 1. and 2., r. and recr. (1) (d) and (2) (a), Register, December, 1987, No. 384, eff. 1-1-88; CR 19-020: r. and recr. Register December 2019 No. 768, eff. 1-1-20.

DHS 1.05 DHS 1.05 Billing.

DHS 1.05(1) (1) General. Each month during the collection period, the department or county department shall, as applicable, issue a billing statement that indicates any outstanding liability to each of the following:

DHS 1.05(1)(a) (a) A client who is not a minor.

DHS 1.05(1)(b) (b) Each parent.

DHS 1.05(1)(c) (c) Each authorized representative under sub. (3).

DHS 1.05(2) (2) Third-party payers. The department or a county department shall file a claim with any third-party payers in a manner consistent with s. Ins 3.40. Medical Assistance shall be the payer of last resort.

DHS 1.05(3) (3) Authorized representative. Upon receipt of proof of any such relationship, billing statements shall be issued to a legal representative of a client, including a guardian of the estate, a representative payee, or any other person or entity authorized by law or through the client’s written consent, to receive such information.

DHS 1.05(4) (4) Amount. The monthly payment amount established in s. DHS 1.03 (1) billed and subject to collections, if any, shall be based upon liability established under this chapter, the maximum monthly payment schedule, and ability to pay. All of the following apply in determining the monthly payment amount: