Section DHS 10.34 - Financial eligibility and cost sharing(1) DEFINITIONS. In this section:(a) "Actual maintenance costs" means the sum of the following:1. Shelter costs determined according to s. 49.455(4) (d) 1 and 2., Stats.2. An amount equal to the maximum food stamp allotment for a household of one under 7 USC 2017.3. An allowance for clothing as determined by the department.(b) "Certification period" means a 12-month period for which financial eligibility and cost sharing requirements for the family care benefit are determined for a non-MA eligible person.(c) "Consumer price index" means the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor.(d) "Earned income" has the meaning given under s. DHS 101.03(51).(e) "Unearned income" has the meaning given under s. DHS 101.03(180).(2) INDIVIDUALS ELIGIBLE FOR MEDICAL ASSISTANCE. A person who is eligible for medical assistance under ch. 49, Stats., and chs. DHS 101 to 108 is financially eligible for the family care benefit. Cost sharing requirements for the family care benefit for a medical assistance-eligible person are those that apply under ch. 49, Stats., and chs. DHS 101 to 108.(3) INDIVIDUALS NOT ELIGIBLE FOR MEDICAL ASSISTANCE.(a)Conditions of financial eligibility. Eligibility under this subsection is effective beginning July 1, 2000. For persons who are not eligible for medical assistance, financial eligibility and cost sharing requirements for the family care benefit shall be determined pursuant to applicable provisions of s. 46.286(1) (b) and (2), Stats., and this chapter. The maximum cost-sharing requirement for a non-MA-eligible person shall be determined by a county agency using a uniform financial eligibility and cost-sharing screening prescribed by the department. A non-MA-eligible person is financially eligible for the family care benefit if the projected cost of the person's care plan exceeds the person's maximum cost-sharing requirement.(b)Calculation of maximum cost share requirement at initial determination and annual re-determination of eligibility. A non-MA-eligible family care enrollee shall contribute to the cost of his or her care an amount that is calculated as provided under this section. Treatment of assets, including assets in trusts, and income shall be as provided under ss. 49.454 and 49.47, Stats., and ss. DHS 103.06 and 103.07 unless specified otherwise in this section. All dollar amounts specified in this section shall be updated annually based on changes in the consumer price index. The following calculation shall determine the applicant's or enrollee's maximum cost-sharing requirement: 1. Determine total countable assets according to ss. 49.454 and 49.47, Stats., and s. DHS 103.06. If the applicant or enrollee is legally married, include the countable assets of both members of the couple.2. Determine monthly net countable assets by subtracting from total countable assets the following allowances, as applicable, and dividing the result by 12: a. Subject to subd. 6., if the applicant or enrollee is a family care spouse, the amount of the community spouse resource allowance under s. 49.455(6) (b), Stats.b. If the person resides in a nursing home, community-based residential facility or adult family home, an allowance of $9,000.c. If the person resides in his or her own home, including a residential care apartment complex or in the private home of a relative or other person, an allowance of $12,000.3. Determine countable monthly income by adding together all of the following: a. Monthly unearned income less a $20 disregard from unearned income, or if the person has less than $20 of unearned income, the remainder from earned income.b. Total monthly earned income, less the first $200, and then less two-thirds of any remaining earned income.4. Add together the monthly net countable assets and the countable monthly income.5. Deduct from the amount calculated under subd. 4. all of the following:a. Subject to subd. 6., if the person is a family care spouse, the community spouse monthly income allowance under s. 49.455(4) (b), Stats.b. The amount of any payments the person is required to pay by court order.c. If the person resides in a nursing home, community-based residential facility or adult family home, a personal maintenance allowance of $65.d. If the person resides in his or her own home, including a residential care apartment complex or the home of another person, a personal maintenance allowance equal to the greater of the combined benefit amount available under 42 USC 1381 to 1383 and s. 49.77(3s), Stats., or actual maintenance costs, as defined under sub. (1) (a), up to the maximum personal maintenance allowance for persons receiving home and community-based waiver services funded under 42 USC 1396(b) or (c). e. If the person resides in a medical institution, the monthly cost of maintaining a homestead property when the applicant or enrollee can reasonably be expected to return within 6 months or the anticipated absence of the applicant or enrollee from the home is for more than 6 months but there is a realistic expectation, as verified by a physician, that the person will return to the home. The monthly cost shall not exceed the SSI payment level for one person living in that person's own household.f. The average monthly out-of-pocket cost of necessary medical or remedial care, including health insurance premiums and cost-sharing requirements for other state or federal programs.g. An allowance for dependents who live in the home of the person or the person's community spouse equal to the allowance payable under s. 49.455(4) (a) 3, Stats.h. Any special allowances approved by the department. 6. If both members of a married couple are family care spouses, the community spouse resource allowance under subd. 2. a. and the community spouse monthly income allowance under subd. 5. a. may be included in the calculation of cost share for either spouse, but not for both. (c)Recalculation of maximum cost-sharing requirement during a certification period. When changes in income, assets or cost of care necessitate a re-determination of a person's maximum cost-sharing requirement during a certification period as described in par. (f), the calculation for the remainder of the certification period shall be the same as under par. (b) except that the amount already incurred and paid by the person from countable assets during the certification period shall be added to the amount under par. (b) 4.(d)Treatment of assets. In determining financial eligibility and cost sharing requirements for the family care benefit, the department or the county agency shall treat assets, including assets in trusts, according to ss. 49.454 and 49.47(4) (b), Stats., and s. DHS 103.06, except as follows: 1. All funds in an independence account shall be considered as an exempt asset. In this subdivision, "independence account" means one or more separate accounts at a financial institution, approved by the department, that are in the sole ownership of the client, and that consist solely of savings, and dividends or other gains derived from those savings, from earned income received after application for the family care benefit.2. Spousal impoverishment provisions under s. DHS 10.35 apply.(e)Treatment of income. In determining financial eligibility and cost sharing requirements for the family care benefit, the department or the county agency shall treat income according to applicable provisions of s. 49.47(4) (c), Stats., and s. DHS 103.07 except that worker's compensation cash benefits under ch. 104, Stats., and unemployment insurance benefits received under ch. 108, Stats., shall be treated as earned income for purposes of par. (b) 3. b.(f)Certification period. Cost sharing requirements as determined under this section shall be in effect for a full 12-month certification period except as follows: 1. An enrollee shall report, within 10 days of the change, increases in assets that exceed a total of at least $1000 in a calendar month.2. At any time, an enrollee may report decreases of any amount in assets other than decreases resulting from payment of required cost sharing under this section.3. An enrollee shall report any change in income within 10 days of the change.4. Cost-sharing requirements shall be re-determined whenever any of the following occurs: a. Reported changes in income, assets, or both, would result in a lower cost-sharing requirement.b. Countable assets increase more than $1000 in a calendar month.c. Monthly income increases by any amount.(4) PAYMENT OF COST SHARE REQUIRED.(a) Except as provided in par. (b), a person who is required to contribute to the cost of his or her care but who fails to make the required contributions is ineligible for the family care benefit. Individuals who do not make the required contributions under this paragraph shall not be deemed ineligible for the family care benefit until the first day of the month following the end of the emergency period defined in subsection (1) (B) of section 1135 (g) of the Social Security Act, 42 USC 1320b-5(g) (1) (B), and declared by the United States Secretary of Health And Human Services in relation to the COVID-19 pandemic.Note: Par. (a) is amended by CR 21-081 effective the first day of the month after the emergency period, as defined in section 1135 (g) (1) (b) of the Social Security Act, 42 USC 1320b-5(g) (1) (B) and declared in response to the COVID-19 pandemic, ends, to read:
(a) Except as provided in par. (b), a person who is required to contribute to the cost of his or her care but who fails to make the required contributions is ineligible for the family care benefit.(b) If the department or its designee determines that the person or his or her family would incur an undue financial hardship as a result of making the payment, the department may waive or reduce the requirement. Any reduction or waiver of cost share shall be subject to review at least every 12 months. A reduction or waiver under this paragraph shall meet all of the following conditions: 1. The hardship is documented by financial information beyond that normally collected for eligibility and cost-sharing determination purposes and is based on total financial resources and total obligations.2. Sufficient relief cannot be provided through an extended or deferred payment plan.3. The person is notified in writing of approval or denial within 30 days of providing necessary information to the department or its designee. Note: The forced sale of a family residence or cessation of an education program for a person or his or her family member are examples of genuine hardships under this provision. Reductions or waivers of cost sharing requirements are generally restricted to situations where services are provided for a relatively long term, when deferred payments will not provide sufficient relief.
(c) A CMO shall collect or monitor the collection of its enrollees' cost sharing payments. If an enrollee does not meet his or her cost sharing obligations, the CMO shall notify the resource center in the county in which the enrollee resides. The resource center, directly or through arrangement with the county agency, shall notify the enrollee that he or she will be ineligible on a specified date unless cost sharing obligations are met. If the client has not paid the cost share amount due by the date specified, the county agency shall determine the person to be ineligible and disenroll the person from the CMO.(d) Until an enrollee is disenrolled, a CMO remains responsible for provision of services in the enrollee's plan of care and for payment to providers for those services.Wis. Admin. Code Department of Health Services DHS 10.34
Cr. Register, October, 2000, No. 538, eff. 11-1-00; CR 04-040: am. (3) (a) Register November 2004 No. 587, eff. 12-1-04; corrections in (1) (d), (e), (2), (3) (b) (intro.), 1., (d) (intro.) and (e) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.Amended by, EmR2121: emerg. r. (4) (a), eff. 8-5-21; CR 21-081: am. (4) (a) Register May 2022 No. 797, eff. 6-1-22, am. (4) (a) eff. the first day of the month after the emergency period, as defined in section 1135 (g) (1) (b) of the Social Security Act, 42 USC 1320b-5(g) (1) (B) and declared in response to the COVID-19 pandemic, end; correction in (4) (a) made under s. 35.17, Stats., Register May 2022 No. 797, eff. 6/1/2022