Tag: ALJ Jason M. Grace

DHA Case No. FCP 219735 (Wis. Div. Hearings and Appeals Nov. 24, 2025) (DHS) ↓ Download PDF The Family Care program must generally provide services that reasonably and effectively address the participant’s long-term needs but are also cost-effective. In this case, the petitioner requested community-based day habilitation services to “remain active and busy in order […] Read more

DHA Case No. CWK 219831 (Wis. Div. Hearings and Appeals Nov. 20, 2025) (DHS) ↓ Download PDF CLTS policy requires advance notice of any adverse action at least 15 days before the effective date. In this case, the petitioner was found functionally ineligible and the notice was sent by the county only six days before […] Read more

DHA Case No. CWA 218862 (Wis. Div. Hearings and Appeals Sep. 19, 2025) (DHS) ↓ Download PDF IRIS participants may be disenrolled if they cannot or will not address health and safety concerns. In this case, the petitioner lived with his parents/guardians who themselves were aging and having health problems that were impeding their ability […] Read more

DHA Case No. CWA 218438 (Wis. Div. Hearings and Appeals Sep. 18, 2025) (DHS) ↓ Download PDF Prevocational services may be funded through IRIS, but services in sheltered workshop settings are excluded and the participant must have a goal of community-integrated employment. In this case, the petitioner received prevocational services for 11 years in a […] Read more

DHA Case No. MQB 218814 (Wis. Div. Hearings and Appeals Sep. 12, 2025) (DHS) ↓ Download PDF Rental income is generally countable income for MA eligibility. In this case, the petitioner’s SLMB+ benefits ended when his caregiver moved in and began paying $650/mo. towards his mortgage payment. Although the petitioner claimed the payment was made […] Read more

DHA Case No. CWK 218372 (Wis. Div. Hearings and Appeals Aug. 11, 2025) (DHS) ↓ Download PDF Achild in the Children’s Long-Term Support (CLTS) program must be recertified annually, including an updated functional screen. In this case, the petitioner (a 12-year-old diagnosed with ADD and ADHD) was found functionally ineligible at her recertification, based on […] Read more

DHA Case No. MGE 218652 (Wis. Div. Hearings and Appeals Jul. 30, 2025) (DHS) ↓ Download PDF A participant must maintain MA eligibility to remain enrolled in the Family Care program. In this case, the petitioner submitted his renewal and all verification timely, but the agency mistakenly disenrolled him. ALJ Jason Grace ordered Family Care […] Read more

DHA Case No. CWA 217818 (Wis. Div. Hearings and Appeals Jun. 17, 2025) (DHS) ↓ Download PDF Aperson enrolled in IRIS is required to pay a cost share as a condition of eligibility. In this case, the petitioner had $7,000 in unpaid cost share and was denied re-enrollment in IRIS because he was unable to […] Read more

DHA Case No. CWA 217677 (Wis. Div. Hearings and Appeals Jun. 9, 2025) (DHS) ↓ Download PDF To be functionally eligible for the IRIS program, an individual must require a “nursing home” level of care. In this case, the petitioner needed assistance with dressing and used adaptive equipment for bathing; he also needed assistance with […] Read more

DHA Case No. MGE 216220 (Wis. Div. Hearings and Appeals May 27, 2025) (DHS) ↓ Download PDF A participant in Institutional MA may have their patient liability reduced to allow them to pay medical or remedial expenses. In this case, the petitioner was given a medical/remedial expense deduction to pay an outstanding nursing home bill, […] Read more

DHA Case No. FCP 216638 (Wis. Div. Hearings and Appeals Feb. 20, 2025) (DHS) ↓ Download PDF Aperson is functionally eligible for Community Waivers long-term care programs if, among other criteria, the person cannot safely or appropriately perform 5 or more IADLs. In this case, the petitioner’s functional screen clearly indicated she needed help with […] Read more

DHA Case No. CWA 215724 (Wis. Div. Hearings and Appeals Jan. 10, 2025) (DHS) ↓ Download PDF A person is functionally eligible for Community Waivers long-term care programs if, among other criteria, the person cannot safely or appropriately perform 5 or more IADLs or 4 IADLs and has a cognitive impairment. In this case, the […] Read more

DHA Case No. FCP 217755 (Wis. Div. Hearings and Appeals Jul. 11, 2025) (DHS) ↓ Download PDF Family Care MCOs must provide services that reasonably and effectively address all of the member’s long-term needs and outcomes while being cost-effective. In this case, the petitioner’s MCO sought to end his placement in an Adult Family Home, […] Read more

DHA Case No. CWA 217260 (Wis. Div. Hearings and Appeals Jul. 8, 2025) (DHS) ↓ Download PDF IRIS members may be disenrolled if they move to an ineligible living setting. In this case, the petitioner lived in his car for nine months before being disenrolled and did not have a plan to transition to an […] Read more

DHA Case No. MGE 215302 (Wis. Div. Hearings and Appeals Jun. 2, 2025) (DHS) ↓ Download PDF The agency is required to verify income, assets, and divestments, both at application and at renewals. The applicant or member has the primary responsibility to provide verification and resolve questionable information. In this case, the petitioner’s authorized representatives […] Read more