Tag: ALJ Brian C. Schneider

DHA Case No. CWA 221759 (Wis. Div. Hearings and Appeals Mar. 25, 2026) (DHS) ↓ Download PDF When deciding whether to approve a budget amendment, the Division of Medicaid Services (DMS) considers whether the requested service is necessary, cost-effective, and not duplicative of other services. In this case, the petitioner requested a budget amendment to […] Read more

DHA Case No. FCP 221947 (Wis. Div. Hearings and Appeals Mar. 24, 2026) (DHS) ↓ Download PDF The Family Care program provides residential services only if they are cost-effective or the member’s health and safety cannot be adequately safeguarded in their own home. In this case, the petitioner’s guardian requested he be placed in an […] Read more

DHA Case No. CWK 221868 (Wis. Div. Hearings and Appeals Mar. 23, 2026) (DHS) ↓ Download PDF The Children’s Long-Term Support program will not pay for home modifications that are “of a general utility and not of direct or remedial benefit to the CLTS recipient.” In this case, the petitioner asked that her patio be […] Read more

DHA Case No. CWA 221054 (Wis. Div. Hearings and Appeals Mar. 3, 2026) (DHS) ↓ Download PDF The IRIS program may include support broker services. A support broker “supports a participant in directing personal assistance services and services budgets” and “assists the participant in planning, securing, and directing self-supports” (essentially, helping a person maintain public […] Read more

DHA Case No. CWA 220503 (Wis. Div. Hearings and Appeals Mar. 9, 2026) (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 had been receiving daily living skills training since 2019 but still required 24-hour support, and […] Read more

DHA Case No. FCP 220671 (Wis. Div. Hearings and Appeals Mar. 31, 2026) (DHS) ↓ Download PDF An individual’s functional eligibility for Family Care is determined by a functional screen, an interview that scores the person’s ability to perform tasks independently. In this case, the petitioner was determined functionally ineligible after a yearly renewal screen […] Read more

DHA Case No. FCP 221622 (Wis. Div. Hearings and Appeals Mar. 19, 2026) (DHS) ↓ Download PDF In the Family Care program, the services provided must reasonably and effectively address all long-term needs to assist the client to be as self-reliant and autonomous as possible, but it must also be cost-effective. In this case, the […] Read more

DHA Case No. MGE 221661 (Wis. Div. Hearings and Appeals Feb. 20, 2026) (DHS) ↓ Download PDF The state must maintain Medicaid coverage while completing regularly scheduled renewals as long as the renewal is received before the end of the month the renewal is due. In this case, the petitioner was enrolled in Family Care […] Read more

DHA Case No. MPA 220854 (Wis. Div. Hearings and Appeals Feb. 17, 2026) (DHS) ↓ Download PDF When considering a prior authorization request, DHS must consider medical necessity, appropriateness, cost, alternatives, and whether the service is an effective and appropriate use of available services. In this case, the petitioner requested prior authorization for a power […] Read more

DHA Case No. MKB 221000 (Wis. Div. Hearings and Appeals Feb. 17, 2026) (DHS) ↓ Download PDF To qualify as disabled for the Katie Beckett program, a child must have an impairment that causes “marked and severe functional limitations.” In this case, the petitioner had autism and ADHD, was in an age-appropriate grade in school, […] Read more

DHA Case No. MDV 221203 (Wis. Div. Hearings and Appeals Feb. 9, 2026) (DHS) ↓ Download PDF One exception to the usual divestment rule is if the transfer was made without the intent to qualify for Medicaid. In this case, the petitioner transferred about $110,000 to her son over the five-year look-back, but because he […] Read more

DHA Case No. CWK 221161 (Wis. Div. Hearings and Appeals Feb. 9, 2026) (DHS) ↓ Download PDF Respite care is a service covered by the Children’s Long-Term Support Program (CLTS), but respite care payments are not allowed to a parent or a primary caregiver in the participant’s household. In this case, the agency discovered that […] Read more

DHA Case No. BCS 221175 (Wis. Div. Hearings and Appeals Feb. 4, 2026) (DHS) ↓ Download PDF When applying for MAPP, an applicant may be determined presumptively disabled. A presumptive disability decision stands until the DDB makes a final disability determination, at which point IM must send a manual notice. In this case, the petitioner […] Read more

DHA Case No. FCP 219708 (Wis. Div. Hearings and Appeals Feb. 17, 2026) (DHS) ↓ Download PDF To be eligible for full services through an MCO, a Family Care member must require a “nursing home” level of care. In this case, the petitioner was enrolled in Family Care with Lakeland as her MCO, had an […] Read more

DHA Case No. MRA 70/21384 (Wis. Div. Hearings and Appeals Mar. 30, 1998) (DHS) ↓ Download PDF The Medicaid Eligibility Handbook defines a “community spouse” as someone who is both married to an institutionalized person and not living in a medical institution for 30 or more days. In this case, the petitioner resided in a […] Read more