EMERGENCY RULE BY THE DEPARTMENT OF HEALTH AND FAMILY SERVICES REGARDING HFS 90 – THE BIRTH TO 3 PROGRAM

SECTION 1. HFS 90.06 (1) is renumbered 90.06 (1m).

SECTION 2. HFS 90.06 (1) is created to read:

HFS 90.06 (1) DEFINITIONS. In this section:

(a) "Adjusted annual income" means the income less a deduction of $3,300 for each member of the family participating in the birth to 3 program and each child under 19 years of age with a disability as defined in s. HFS 65.02 (5).

(b) "Annual income" means gross earnings, including money, wages or salary, net income from non-farm self-employment, net income from farm self-employment, as well as unearned income, including social security, dividends, interest on savings or on money loaned, income from estates or trusts, net rental income or royalties, public assistance, pensions or annuities, unemployment compensation, workers' compensation, maintenance (alimony), child support, special needs adoption subsidy, veterans' pensions, and educational grants given for living expenses. Income from self-employment or rent shall be the total net income after expenses. Depreciation on farm, business or rental property and wages paid to members of the family are not expenses. Actual principal payments on capital equipment and depreciated property are an expense.

(c) "Family" means the people who share a residence, and includes at least one child eligible for the birth to 3 program and his or her parent

(d) "Full financial information" means information about parental income, expenses, and assets that the county administrative agency requests to determine the parental cost share.

(e) "Parent" means a child’s adoptive or biological mother or father who has legal responsibility for the child.

(f) "Parental cost share" means an annual amount of money the county administrative agency determines to be due and payable currently from the parents.

SECTION 3. HFS 90.06 (2) (h) is amended to read:

HFS 90.06 (2) (h) Other early intervention services as identified in s. HFS 90.11 (4) are provided in accordance with the IFSP. County administrative agencies shall determine the parental cost share of early intervention services costs not met by third party payers in accordance with par. (i). Parental cost share for early intervention services shall begin with services designated in IFSPs developed or reviewed on or after October 1, 2001.

SECTION 4. HFS 90.06 (2) (i) to (p) are renumbered 90.06 (2) (j) to (q).

SECTION 5. HFS 90.06 (2) (i) is created to read:

HFS 90.06 (2) (i)

1. A parental cost share is determined.

2. The county administrative agency shall have billing and collection responsibility for the parental cost share unless the county administrative agency delegates billing and collection responsibility to a service provider by written agreement specifying the conditions of the delegation.

3. An assessment of the parental cost share for services to an eligible child shall be made by a county administrative agency in the following manner:

a. Determine the annual income of the parents.

b. Determine the adjusted annual income by subtracting from the annual income as determined in subd. par. a. $3,300 for each member of the family participating in the birth to 3 program and each child under 19 years of age with a disability as defined in s. HFS 65.02 (5).

c. Determine the federal poverty threshold for the adjusted annual income and family size.

d. Determine the percent above or below the federal poverty threshold determined in subd. par. c. the family’s adjusted annual income determined in subd. par. b. and assign the parental cost share according to Table HFS 90.06.

Note:
The Federal Poverty Threshold is adjusted yearly and is published annually in the Federal Register. The Department will provide the applicable Federal Poverty Threshold information that is effective January 1 of the coming year. To receive the current Federal Poverty Threshold, contact the Birth to 3 Program Coordinator at the Division of Supportive Living, P.O. Box 7851, Madison, WI 53707, or call 608-267-8276, or fax 608-261-6752.

4. A parent who is informed of his or her rights and who knowingly refuses to provide full financial information shall be liable for the maximum parental cost share.

5. The county administrative agency may not assess a parental cost share for early intervention services if the parents have financial liability for other services subject to the uniform fee system that are provided to the eligible child.

6. The county administrative agency may waive the parental cost share in part or in whole if the county administrative agency determines the goals of an early intervention service would be significantly impaired by the imposition of a parental cost share.

7. The county administrative agency shall ensure parents are informed as early as is administratively feasible of the parents’ rights and responsibilities under the cost share system. The department shall provide sample brochures to county administrative agencies to assist the agencies in informing parents.

SECTION 6. HFS 90.11 (2) (a) 2. is amended to read:

HFS 90.11 (2) (a) 2. The county administrative agency shall provide or arrange for the provision of early intervention core services at no cost to the child’s family and shall provide or arrange for the provision of other early intervention services identified in the child’s IFSP. The county administrative agency shall determine the parental cost share of early intervention services costs not met by third party payers in accordance with s. HFS 90.06 (2) (i).

SECTION 7. HFS 90.11 (4) (intro) is amended to read:

HFS 90.11 (4) OTHER EARLY INTERVENTION SERVICES. A county administrative agency shall provide or arrange for the provision of other early intervention services. The county administrative agency shall determine the parental cost share of early intervention services costs not met by third party payers in accordance with s. HFS 90.06 (2) (i). Parental cost share for early intervention services shall begin with services designated in IFSPs developed or reviewed on or after October 1, 2001. Types of other early intervention services include the following:

SECTION 8. HFS 90.12 (2) (c) is amended to read:

HFS 90.12 (2) (c) For billing a third party. With the parent’s consent, a third party may be billed for early intervention services. The service coordinator shall ensure that the parent, prior to giving consent, is informed of and understands that because of third party billing the parent may incur financial loss, including but not limited to a decrease in benefits or increase in premiums or discontinuation of the policy.

Return to NMemo01-19

Return to Numbered Memos Index