DHA Case No. CWK 220665 (Wis. Div. Hearings and Appeals Dec. 22, 2025) (DHS) ↓ Download PDF Children may be functionally eligible for the CLTS program automatically if they meet certain age and diagnosis requirements. In this case, the petitioner was a five-year-old with autism whose was determined functionally ineligible after an updated functional screen. […] Read more
Tag: ALJ Brian C. Schneider
DHA Case No. HMO 220155 (Wis. Div. Hearings and Appeals Dec. 26, 2025) (DHS) ↓ Download PDF Wisconsin Medicaid does not cover experimental services, a determination the Department makes on its own. In this case, the petitioner requested an Occipital Nerve Block, which was denied as experimental. While recognizing that past decisions have considered experimental […] Read more
DHA Case No. FCP 220319 (Wis. Div. Hearings and Appeals Nov. 17, 2025) (DHS) ↓ Download PDF MCOs must develop service plans that reasonably and effectively address the member’s long-term needs and outcomes while also being cost-effective. In this case, My Choice sought to end the petitioner’s placement in an AFH in favor of a […] Read more
DHA Case No. MDV 220057 (Wis. Div. Hearings and Appeals Nov. 10, 2025) (DHS) ↓ Download PDF A divestment does not affect eligibility if the resource was “transferred exclusively for some purpose other than to become eligible for MA.” In this case, the petitioner gave $5,000 to each of her three daughters (to one for […] Read more
DHA Case No. MGE 219667 (Wis. Div. Hearings and Appeals Oct. 21, 2025) (DHS) ↓ Download PDF When a person receiving SSI and Medicaid loses SSI eligibility because they start receiving SSDI Disabled Adult Child (DAC) payments, the Medicaid program must treat the person as if they were still receiving SSI. In this case, that […] Read more
DHA Case No. CWA 219979 (Wis. Div. Hearings and Appeals Oct. 27, 2025) (DHS) ↓ Download PDF To be eligible for Community Waivers programs, a person must be in one of the target groups—physical disability, frail elder, or developmental disability—in addition to needing a nursing home level of care. In this case, the 21-year-old petitioner […] Read more
DHA Case No. MDD 219938 (Wis. Div. Hearings and Appeals Oct. 23, 2025) (DHS) ↓ Download PDF The MAPP program allows disabled individuals to work but to retain eligibility for MA. In this case, the petitioner lost his SSI and “regular” MA when a new job put him over the substantial gainful activity limit, but […] Read more
DHA Case No. CWA 219663 (Wis. Div. Hearings and Appeals Oct. 13, 2025) (DHS) ↓ Download PDF An IRIS participant may be involuntarily disenrolled if the program cannot ensure the participant’s health and safety. In this case, the petitioner had 25 critical incidents (a critical incident is a medical emergency, law enforcement contact, or hospitalization) […] Read more
DHA Case No. BCS 219613 (Wis. Div. Hearings and Appeals Sep. 26, 2025) (DHS) ↓ Download PDF To be eligible for Wisconsin Medicaid programs, a person must be a resident of Wisconsin. In this case, the 21-year-old petitioner claimed to be a homeless resident of Wisconsin while attending college in Mississippi, where she had an […] Read more
DHA Case No. CWA 219278 (Wis. Div. Hearings and Appeals Sep. 11, 2025) (DHS) ↓ Download PDF Any negative action regarding a person enrolled in Medicaid must be preceded by proper notice. In this case, the petitioner lost her SSI eligibility but the agency never sent a notice before terminating her from IRIS. ALJ Brian […] Read more
DHA Case No. FCP 219093 (Wis. Div. Hearings and Appeals Aug. 25, 2025) (DHS) ↓ Download PDF The Family Care program must generally cover services that reasonably and effectively address the participant’s long-term needs, but those services must also be cost-effective. In this case, the petitioner’s home-delivered meals ended because his plan already included Supportive […] Read more
DHA Case No. CWA 219215 (Wis. Div. Hearings and Appeals Aug. 22, 2025) (DHS) ↓ Download PDF Any negative action regarding a person enrolled in Medicaid must be preceded by proper notice that includes appeal rights. In this case, the petitioner lost her SSI eligibility but the agency never sent a notice with appeal rights […] Read more
DHA Case No. CWA 218656 (Wis. Div. Hearings and Appeals Jul. 30, 2025) (DHS) ↓ Download PDF To be functionally eligible for community waivers programs, an individual must require a “nursing home” level of care and be part of a target group. In this case, the petitioner had a unique diagnosis of Functional Neurologic Disorder/Conversion […] Read more
DHA Case No. CWK 218183 (Wis. Div. Hearings and Appeals Jun. 17, 2025) (DHS) ↓ Download PDF The Children’s Long-Term Support Program (CLTS) can cover health and wellness activities, but services generally cannot be duplicative and payments cannot be made directly to the participant or to another person on behalf of the participant. In this […] Read more
FCP 217987 (06/10/2025)
Petitioner enrolled for 19 days with no services still had to pay cost share
DHA Case No. FCP 217987 (Wis. Div. Hearings and Appeals Jun. 10, 2025) (DHS) ↓ Download PDF A person enrolled in Family Care is required to pay a cost share, though the Department may waive or reduce the requirement if undue financial hardship would result. In this case, the petitioner enrolled in Family Care March […] Read more