DHA Case No. MGE 220759 (Wis. Div. Hearings and Appeals Jan. 23, 2026) (DHS) ↓ Download PDF The deductions available in calculating patient liability are limited and do not include any allowance for estimated income tax payments or withholding. In this case, the petitioner was granted a six-month home expense deduction but asked that his […] Read more
Tag: ALJ Kate J. Schilling
DHA Case No. FCP 219586 (Wis. Div. Hearings and Appeals Jan. 16, 2026) (DHS) ↓ Download PDF Participants in Family Care have the right to appeal any adverse benefit determination. In this case, the petitioner’s MCO involuntarily ended her ability to self-direct her services and claimed this was not appealable because it was not an […] Read more
DHA Case No. FCP 220016 (Wis. Div. Hearings and Appeals Dec. 8, 2025) (DHS) ↓ Download PDF Medicaid appeals must be filed within 45 days of the date of the notice of action. In this case, the petitioner was sent a cost share notice on April 11 but did not file an appeal until September […] Read more
DHA Case No. CWA 219687 (Wis. Div. Hearings and Appeals Nov. 13, 2025) (DHS) ↓ Download PDF While ADRCs do not have primary responsibility for assisting people with Medicaid applications, they are contracted to provide general assistance, including assistance with obtaining verification. In this case, the ADRC faxed verification documents for the petitioner to Income […] Read more
DHA Case No. BCS 219426 (Wis. Div. Hearings and Appeals Oct. 15, 2025) (DHS) ↓ Download PDF Medicaid recipients are entitled to at least 10 days’ notice before any adverse action. In this case, the petitioner failed to provide verification due August 4, so on August 5 the agency issued a notice terminating benefits as […] Read more
DHA Case No. FCP 218531 (Wis. Div. Hearings and Appeals Sep. 4, 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 agency denied the petitioner’s request for coverage of a health […] Read more
DHA Case No. CWA 218425 (Wis. Div. Hearings and Appeals Aug. 11, 2025) (DHS) ↓ Download PDF Prevocational services may be funded through IRIS, but the participant must have a goal of community-integrated employment. In this case, the petitioner received prevocational services for three years as part of his IRIS budget (and it appears he […] Read more
DHA Case No. CWA 217836 (Wis. Div. Hearings and Appeals Jul. 1, 2025) (DHS) ↓ Download PDF An IRIS participant may be involuntarily disenrolled for mismanagement of budget authority or employer authority. In this case, the petitioner was disenrolled because his family caregivers continually billed excess hours for supportive home care, overspending his budget by […] Read more
DHA Case No. CWA 217205 (Wis. Div. Hearings and Appeals May 13, 2025) (DHS) ↓ Download PDF To be functionally eligible for home and community based long term care services, an individual must require a “nursing home” level of care. In this case, the petitioner’s condition improved after a bone marrow transplant; an updated functional […] Read more
DHA Case No. MGE 216321 (Wis. Div. Hearings and Appeals May 9, 2025) (DHS) ↓ Download PDF An MA recipient has a right to a fair hearing when aggrieved by an action or inaction of the Department or a county when the county is acting as the agency which administers an income maintenance program. In […] Read more
DHA Case No. BCS 216832 (Wis. Div. Hearings and Appeals Apr. 7, 2025) (DHS) ↓ Download PDF The agency must mail a notice of adverse action at least 10 days prior to the effective date. In this case, the petitioner never received a notice that her BadgerCare Plus renewal was due, but the agency did […] Read more
DHA Case No. BCS 216544 (Wis. Div. Hearings and Appeals Mar. 14, 2025) (DHS) ↓ Download PDF Certain payments to live-in care providers under the Family Care and IRIS programs do not count as income for BadgerCare Plus eligibility. In this case, the petitioner argued his $2,797 monthly income should not be counted under these […] Read more
DHA Case No. MGE 216346 (Wis. Div. Hearings and Appeals Feb. 28, 2025) (DHS) ↓ Download PDF An individual is financially eligible for EBD Medicaid if the total value of all non-exempt liquid assets does not exceed $2,000. In this case, the petitioner’s daughter and representative failed to complete a renewal and then, months later, […] Read more
DHA Case No. MGE 218539 (Wis. Div. Hearings and Appeals Aug. 20, 2025) (DHS) ↓ Download PDF It is well-settled precedent that beneficiaries must be given at least 10 days advance notice prior to an adverse action, such as a reduction or termination in benefits. In this case, the petitioner lost her eligibility for SSI […] Read more
DHA Case No. CWA 217265 (Wis. Div. Hearings and Appeals Jul. 22, 2025) (DHS) ↓ Download PDF IRIS benefits may be backdated if agency error causes unreasonable delay. In this case, the petitioner admittedly failed to complete her renewal timely, resulting in a gap in benefits and needing to re-enroll with a new Fiscal Employer […] Read more