Section DHS 10.31 - Application and eligibility determination(1) DEFINITION. In this section, "agency" means any county agency, or any resource center that is not a county agency, that is responsible for all or part of determination of functional, financial, and other conditions of eligibility for the family care benefit.(2) GENERAL REQUIREMENT. Application for the family care benefit shall be made and reviewed in accordance with the provisions of this chapter.(3) ACCESS TO INFORMATION. The agency shall provide information to persons inquiring about or applying for the family care benefit as required under s. DHS 10.23 (2) (c) and (h).(4) APPLICATION. (a)Making application. Any person in the target population served by resource centers may apply for a family care benefit. Application for the family care benefit requires that a person apply for financial, non-financial and functional eligibility. Financial and non-financial eligibility determination shall be made by the income maintenance agency serving the county or tribe in which the person resides. Functional eligibility determination shall be made by the resource center serving the county or tribe in which the person resides.(b)Signing the application. The applicant or the applicant's legal guardian, authorized representative or, where the applicant is incapacitated, someone acting responsibly for the applicant, shall sign each application form. The signature may be provided using electronic methods identified by the department as constituting a signature.Note: Par. (b) is amended by CR 21-081 and CR 22-026 effective upon the termination of the Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the 1915 (c) Family Care program waiver, to read:
(b) Signing the financial and non-financial eligibility application. The applicant or the applicant's legal guardian, authorized representative or, where the applicant is incapacitated, someone acting responsibly for the applicant, shall sign each application form. The signatures of 2 witnesses are required when the applicant signs the application with a mark.Note: This provision allows anyone acting responsibly for a person who is incapacitated to begin the application process for financial assistance with the costs of long-term care services. Other decisions regarding receipt of health or long-term care services, including placement in a long-term care facility, require consent of the individual or authorization by a person or court with the specific authority to make treatment or placement decisions.
(5) VERIFICATION OF INFORMATION. A financial and non-financial eligibility application for the family care benefit shall be denied when the applicant or enrollee is able to produce required verifications but refuses or fails to do so. If the applicant or enrollee is not able to produce verifications or requires assistance to do so, the agency taking the application may not deny assistance but shall proceed immediately to assist the person to secure necessary verifications.(6) ELIGIBILITY DETERMINATION. (a)Decision date for financial and non-financial eligibility. Except as provided in par. (b), as soon as practicable, but not later than 30 days from the date the agency receives a financial and non-financial eligibility application that includes at least the applicant's name, address, unless the applicant is homeless, and signature, the agency shall determine the applicant's financial and non-financial eligibility and cost sharing requirements for the family care benefit. If the applicant is the spouse of a family care member, the agency shall notify both spouses in accordance with the requirements of s. 49.455(7), Stats.(am)Decision date for functional eligibility. Except as provided in par. (b), as soon as practicable, but not later than 30 days from the date the resource center receives verbal acceptance from the applicant to proceed with the functional screen, the resource center will determine the applicant's functional eligibility for the family care benefit.(b)Notice. The agency shall notify the applicant in writing of its determination. If a delay in processing the financial and non-financial eligibility application or determining functional eligibility occurs because of a delay in securing necessary information, the agency shall notify the applicant that there is a delay in processing the application. Communications with the applicant, either orally or in writing, in the attempt to obtain the missing information shall serve as notice of the delay. If the delay is not resolved within 30 days following this notice to the applicant of the missing information, the agency shall notify the applicant in writing of the delay in completing the determination, specify the reason for the delay, and inform the applicant of their right to appeal the delay by requesting a fair hearing under s. DHS 10.55.(7) ENROLLMENT. The agency shall complete and transmit, as directed by the department, all enrollment forms and materials required to enroll persons who are eligible and who choose to enroll in a care management organization.(8) FRAUD. When the agency director or designee has reason to believe that an applicant or enrollee, or the representative of an applicant or enrollee, has committed fraud, the agency director or designee shall refer the case to the district attorney.Wis. Admin. Code Department of Health Services DHS 10.31
Cr. Register, October, 2000, No. 538, eff. 11-1-00; CR 04-040: am. (6) (a) Register November 2004 No. 587, eff. 12-1-04.Amended by, EmR2121: emerg. am. (4) (b), eff. 8-5-21; CR 21-081: am. (4) (b) Register May 2022 No. 797, eff. 6/1/2022Amended by, am. (4) (b) eff. upon the termination of the Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the 1915 (c) Family Care program waiver; CR 22-026: am. (4) (a), (b), (5), (6) (a), cr. (6) (am), am. (6) (b) Register May 2023 No. 809, eff. 6/1/2023