DHA Case No. CWA 220576 (Wis. Div. Hearings and Appeals Feb. 17, 2026) (DHS) ↓ Download PDF DHS has an obligation to ensure the IRIS program meets certain federal standards, such as the requirement that settings where home and community-based services are provided have the qualities listed in 42 C.F.R. §441.301(c)(4). In this case, the […] Read more
Tag: ALJ Teresa A. Perez
DHA Case No. CWK 220881 (Wis. Div. Hearings and Appeals Feb. 6, 2026) (DHS) ↓ Download PDF To be functionally eligible for the Children’s Long-Term Support Program, a child with a developmental disability who needs intermediate care must demonstrate substantial functional limitations in three areas. In this case, the petitioner was a 7-year-old with autism who […] Read more
DHA Case No. CWA 220708 (Wis. Div. Hearings and Appeals Feb. 2, 2026) (DHS) ↓ Download PDF IRIS participants are assigned budgets based on their Long-Term Care Functional Screens, which they must generally stay within (or request a budget amendment). In this case, petitioner received 10 home-delivered meals per week due, in part, to chronic […] Read more
DHA Case No. MGE 220279 (Wis. Div. Hearings and Appeals Jan. 28, 2026) (DHS) ↓ Download PDF To be eligible for Wisconsin Medicaid, a person must be a Wisconsin resident. In this case, the petitioner initially resided in an nursing home in Wisconsin and attempted to exempt more than $1,500 in burial funds. When the […] Read more
DHA Case No. MAP 220544 (Wis. Div. Hearings and Appeals Jan. 9, 2026) (DHS) ↓ Download PDF Payment of a monthly premium is a condition of eligibility for MAPP, though a member may ask for a temporary hardship waiver that cannot exceed 12 months “for the same hardship reason.” In this case, the petitioner provided […] Read more
DHA Case No. FCP 220551 (Wis. Div. Hearings and Appeals Jan. 9, 2026) (DHS) ↓ Download PDF MCOs may not deny a service that is reasonable and necessary, and in an amount, scope, and duration needed to cost-effectively support the member’s long-term care outcomes. In this case, the petitioner lived in a 1-2 bed adult […] Read more
DHA Case No. BCS 220537 (Wis. Div. Hearings and Appeals Jan. 9, 2026) (DHS) ↓ Download PDF Neither the administrative code nor the federal regulations include a right to a fair hearing regarding an agency’s failure to close a case promptly when asked to do so by a benefit recipient. In this case, the petitioner […] Read more
DHA Case No. FCP 220498 (Wis. Div. Hearings and Appeals Jan. 5, 2026) (DHS) ↓ Download PDF Services provided through the Family Care program must be cost-effective. In this case, the petitioner lived at an AFH and attended a nearby adult day service program that proved very beneficial. When he moved to a different AFH, […] Read more
DHA Case No. CWA 221013 (Wis. Div. Hearings and Appeals Feb. 25, 2026) (DHS) ↓ Download PDF IRIS funds approved through the budget amendment process must be used for the requested service and cannot be transferred to a different service or service type, or a different provider type. In this case, the petitioner was enrolled […] Read more
DHA Case No. CWK 221068 (Wis. Div. Hearings and Appeals Feb. 20, 2026) (DHS) ↓ Download PDF A “Notice of Action” must be provided to CLTS participants at least fifteen days before a reduction or termination of services, which participants have the right to appeal. In this case, the petitioner’s respite services were terminated effective […] Read more
DHA Case No. MGE 220918 (Wis. Div. Hearings and Appeals Feb. 6, 2026) (DHS) ↓ Download PDF The MEH says a faxed application received after business hours is considered filed on the next business day, but a 2023 fair hearing decision—adopted as final by the DHS secretary—concluded it should be considered filed the day it […] Read more
MAP 219995 (01/27/2026)
Regular, recurring expenses did not justify extension of MAPP premium waiver
DHA Case No. MAP 219995 (Wis. Div. Hearings and Appeals Jan. 27, 2026) (DHS) ↓ Download PDF Payment of a monthly premium is a condition of eligibility for MAPP, though a member may ask for a temporary hardship waiver that cannot exceed 12 months “for the same hardship reason.” Regular, recurring expenses that are not […] Read more
DHA Case No. MRA 220384 (Wis. Div. Hearings and Appeals Jan. 7, 2026) (DHS) ↓ Download PDF In general, all gross income is counted when determining eligibility and cost share for Family Care. In this case, the petitioner was enrolled in Institutional MA and allocated the maximum amount of income to her community spouse, who […] Read more
DHA Case No. CWA 220139 (Wis. Div. Hearings and Appeals Jan. 2, 2026) (DHS) ↓ Download PDF To be functionally eligible for the IRIS program, an individual must belong to one of the following target groups (in addition to needing a nursing home level of care): frail elderly, adult with a physical disability, or adult […] Read more
DHA Case No. FCP 220397 (Wis. Div. Hearings and Appeals Dec. 29, 2025) (DHS) ↓ Download PDF The Family Care program, through MCOs, must generally provide services that reasonably and effectively address all of the recipient’s long-term needs and outcomes, assist the recipient to be as self-reliant and autonomous as possible, and are cost effective. […] Read more