Section DHS 73.06 - Development of service agreements(1) REQUIREMENT FOR NEGOTIATED AGREEMENT. Except when a county department expects services to be provided for less than 30 days, after an assessment and case plan have been completed and within 2 weeks after the initiation of service by the service provider, an agreement or agreements on services to be provided the participant shall be negotiated.(2) PARTICIPANT EMPLOYMENT OF SERVICE PROVIDER. If the service provider is employed by the participant or participant's representative, there shall be 2 service agreements unless the county department and the participant or participant's representative decide that a single agreement is preferable. A single agreement involving the county department, participant or participant's representative and service provider shall cover all required items in the 2 agreements. If there are 2 agreements, they shall be the following: (a) A signed agreement between the county department and the participant or participant's representative, which shall set out in writing: 1. The specific services that will be provided;2. The amount of funds the county department will provide;3. Procedures for transfer of funds by the county department;4. A requirement that any service provider employed by the participant or participant's representative shall be qualified on the basis of experience, training or both to perform required tasks, and that any training needed by the service provider shall be completed within 6 months after beginning employment or after February 1, 1993 whichever is later; and5. That the county department or a vendor for the county department shall act as fiscal agent for the participant or participant's representative for the purpose of performing the tasks required to comply with wage, benefit and tax laws applicable to the employer, unless the participant or participant's representative makes an informed, knowing and voluntary waiver of the use of a fiscal agent; and(b) Except as provided in sub. (3), a signed agreement between the participant or participant's representative and the service provider, which shall set out in writing:1. The services the service provider will perform;2. The service provider's normal schedule of work or a specification of how scheduling will be accomplished;3. When and how any training needed by the service provider will be furnished and completed;4. The service provider's rate of compensation; and5. Verification and payment procedures to be followed consistent with s. DHS 73.09(1) to (3).(3) EXEMPTIONS. The service agreement between the participant or participant's representative and service provider under sub. (2) (b) is not required when: (a) The services provided are limited to household care;(b) The services are provided by the spouse of the participant or by the parent of a minor participant; or(c) The services are for the purpose of providing respite care.(4) COUNTY DEPARTMENT OR VENDOR AGENCY EMPLOYMENT OF SERVICE PROVIDER.(a) If the service provider is employed by the county department or a vendor agency, there shall be either a single signed agreement among the participant or participant's representative, the county department and, where applicable, the vendor agency, or separate signed agreements, one between the participant or participant's representative and the county department and the other between the participant or participant's representative and the vendor agency.(b) The agreement or agreements required under par. (a) shall contain at least the content specified in sub. (2) (a) 1. to 4. and (b), except that verification and payment procedures under sub. (2) (b) 5. and training arrangements under sub. (2) (b) 3. may be omitted if these do not directly involve the participant and are covered elsewhere either in written policy of the county department or in its contract with the vendor agency. Wis. Admin. Code Department of Health Services DHS 73.06
Cr. Register, January, 1993, No. 445, eff. 2-1-93.