DHA Case No. MGE 214870 (Wis. Div. Hearings and Appeals Nov. 19, 2024) (DHS) ↓ Download PDF One exception to the usual divestment rule is if the individual intended to dispose of the resource at fair market value. In this case, the petitioner’s husband had “invested” $275,000 in an online scam, for which the county […] Read more
Tag: 5.05 Home and Community-Based Waivers Long-Term Care
DHA Case No. MGE 215065 (Wis. Div. Hearings and Appeals Nov. 1, 2024) (DHS) ↓ Download PDF For a single person, up to $1,500 can be exempted as a “burial fund” to the extent other exempt burial assets (burial trusts, life-insurance funded burial contracts, exempt life insurance policies, and burial insurance) do not exceed that […] Read more
DHA Case No. MGE 215261 (Wis. Div. Hearings and Appeals Oct. 21, 2024) (DHS) ↓ Download PDF Community Waivers members who are eligible for any other full-benefit Medicaid program (such as MAPP) are put in Group A and have no cost share; otherwise, they are put in Group B or B Plus and do have […] Read more
DHA Case No. FCP 212977 (Wis. Div. Hearings and Appeals May 13, 2024) (DHS) ↓ Download PDF When an MCO seeks to reduce services, it has the burden of proof to show the need for the change. In this case, Inclusa sought to restrict the petitioner’s non-medical transportation to see movies in the community to […] Read more
DHA Case No. FCP 212237 (Wis. Div. Hearings and Appeals May 9, 2024) (DHS) ↓ Download PDF Family Care may cover home modifications such as ramps and lifts to provide safe access to the home, reduce risk of injury, and facilitate independence and self-reliance. In this case, the petitioner was an 81-year-old woman unable to […] Read more
DHA Case No. FCP 211691 (Wis. Div. Hearings and Appeals Mar. 20, 2024) (DHS) ↓ Download PDF To be functionally eligible for Community Waivers long-term care programs, a person must fall into one of the target groups (frail elder, physical disability, or developmental disability) in addition to needing a nursing home level of care. In […] Read more
DHA Case No. CWA 211701 (Wis. Div. Hearings and Appeals Mar. 5, 2024) (DHS) ↓ Download PDF Services provided through the IRIS program must generally be cost-effective and necessary to achieve a long-term care outcome. In this case, the petitioner’s request for twice-weekly mowing was denied. Although she claimed this was necessary to maintain a […] Read more
DHA Case No. FCP 211227 (Wis. Div. Hearings and Appeals Feb. 15, 2024) (DHS) ↓ Download PDF In the Family Care program, MCOs must provide medically necessary services that reasonably and effectively address the participant’s long-term care outcomes. In this case, the petitioner wanted to attend a summer camp that cost $2,970. His MCO denied […] Read more
DHA Case No. CWA 211232 (Wis. Div. Hearings and Appeals Feb. 6, 2024) (DHS) ↓ Download PDF IRIS participants who fail to comply with program requirements or lose functional eligibility may be disenrolled. In this case, the petitioner needed to complete an annual long-term care functional screen but failed to respond to “multiple attempts” by […] Read more
DHA Case No. CWA 211033 (Wis. Div. Hearings and Appeals Feb. 6, 2024) (DHS) ↓ Download PDF To be functionally eligible for the IRIS program, a person must have a long-term care functional screen that determines them to need a “nursing home” level of assistance with activities of daily living (ADLs) and instrumental activities of […] Read more
DHA Case No. CWA 210988 (Wis. Div. Hearings and Appeals Feb. 5, 2024) (DHS) ↓ Download PDF IRIS participants who fail to comply with program requirements or lose functional eligibility may be disenrolled. In this case, the petitioner needed to complete an annual long-term care functional screen but failed to respond to twelve phone calls […] Read more
DHA Case No. CWA 211040 (Wis. Div. Hearings and Appeals Feb. 2, 2024) (DHS) ↓ Download PDF A budget amendment may be denied if it requests services that are duplicative of services already provided. In this case, the petitioner, an 18-year-old with Down Syndrome, requested a budget amendment to allow her to attend a 9-month […] Read more
DHA Case No. CWA 211308 (Wis. Div. Hearings and Appeals Jan. 25, 2024) (DHS) ↓ Download PDF IRIS participants choose needed supports and services to meet long-term care outcomes as identified in an Individual Support and Services Plan. In this case, the petitioner (a 29-year-old with autism) sought a budget amendment to pay for therapeutic […] Read more
DHA Case No. CWA 210734 (Wis. Div. Hearings and Appeals Jan. 5, 2024) (DHS) ↓ Download PDF IRIS can pay for an already-trained service dog, but not an untrained dog or an emotional support dog. In this case, the petitioner requested funding to buy an untrained dog and then train it as a service animal. […] Read more
DHA Case No. FCP 210801 (Wis. Div. Hearings and Appeals Jan. 3, 2024) (DHS) ↓ Download PDF To be functionally eligible for Family Care, a person must fall into one of the program’s target groups in addition to needing a nursing home level of care. In this case, the petitioner was diagnosed with schizophrenia and […] Read more