Section DHS 68.10 - Hearing(1) JURISDICTION. Any household or individual participating in the program or caregiver may appeal the following actions by an administering agency: (a) Denial of an application to participate in a program.(b) The calculation of funds to be paid to or expended for a household or a person with dementia living in a residential facility and participating in the program.(c) Reduction, suspension, limitation or termination of goods and services provided under this chapter.(d) Change of provider of goods and services provided under this chapter.(e) Change of method of payment for goods and services provided under this chapter.(f) Change of the maximum amount payable in a calendar year to or on behalf of any participating person with dementia.(2) NOTIFICATION OF APPEAL RIGHTS. At the time an administering agency takes any of the actions under sub. (1), it shall inform the household, individual participating in the program, any caregiver, and any guardian or protective payee, in writing, of the right to a hearing under this chapter and of the procedure for requesting a hearing. (3) REQUEST FOR HEARING. A household or individual participating in the program or caregiver wishing to contest an action under sub. (1) shall file a written request for a hearing with the department of administration's division of hearings and appeals within 45 days after the date of the action for which review is sought. A hearing request shall be considered filed on the date of receipt by the division of hearings and appeals. Note: The mailing address of the Office of Administrative Hearings is P.O. Box 7875, Madison, Wisconsin 53707-7875.
(4) ARRANGEMENTS FOR A HEARING. In response to a request for a hearing under this section, the director of the office of administrative hearings shall appoint a hearing examiner, set a date for the hearing and notify the parties at least 10 days before the hearing of the date, time and place of the hearing and of the procedures to be followed.Wis. Admin. Code Department of Health Services DHS 68.10
Cr. Register, March, 1989, No. 399, eff. 4-1-89.Amended by, CR 17-032: am. (1) (a) to (f) Register June 2018 No. 750, eff.7/1/2018