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Personal Care Providers
 Program Update Permanent Rule - DHS 105-17 and DHS 106.06
Effective September 1, 2010

PDF Version of DQA 10-025  (PDF, 44 KB)

Date: September 10, 2010 -- DQA Memo 10-025
To: Area Administrators/Human Services Area Coordianators
Area Agencies on Aging
Community Alliance of Providers of  Wisconsin
County Aging  Units/ Directors
County COP Coordinators
County Department of Community Program Directors
County Departments of Developmental Disabilities Services Directors
County Departments of Human Services Directors
County Departments of Social Services Directors
County Waiver Coordinators
Independent Living Centers
Personal Care Providers PCP 06
Residential Services Association of Wisconsin
Tribal Chairpersons
Wisconsin County Human Services Association
Wisconsin Personal Services Association
From: Alfred C. Johnson, Director
Bureau of Technology, Licensing and Education

Otis Woods, Administrator
Division of Quality Assurance

Personal Care Provider Program Update Permanent Rule - DHS 105.17 and 106.06 Effective September 1, 2010 

The purpose of the memo is to provide updated information on the personal care provider rule and processes. On September 1, 2010, permanent rules for s. DHS 105.17 and s. DHS 106.06 went into effect. The emergency rules for s. DHS 105.17 and s. DHS 106.06 are no longer in effect. A limited number of changes were made from the emergency rule for s. DHS 105.17 to the permanent rule for DHS 105.17; these changes are highlighted below.

The following changes were made to s. DHS 105.17, Personal care providers, in response to comments received from stakeholders at public hearing.

DHS 105.17 (1n) (d) 2. was created to allow clients who are not Medicaid recipients to waive the requirement for the 60 day RN supervisory review and visit.

DHS 105.17 (1w) (f) 2. To be consistent with ch. DHS 133, Home Health Agencies rule, this provision was amended to require the agency to provide a written notice of discharge of a client at least 10 working days in advance of discharge, instead of 14 calendar days.

DHS 105.17 (2) ( b) 2. was amended to no longer require physician orders for personal care services for clients who are not Medicaid recipients.

DHS 105.17 (2) (b) 5. was amended to allow for the demonstration of services to the personal care worker to be done by an appropriate person instead of requiring this be done by the registered nurse supervisor.

Additional changes made in the permanent rule include:

DHS 105.17 (1f) was created to require counties, ILCs and tribes or bands to provide identifying information about themselves, and agencies and individuals that provide Medicaid personal care services through a contract with the county, ILC, tribe or band. This data base will allow the Department to organize, store and retrieve information about personal care services provided in Wisconsin for various reporting and planning activities.

DHS 105.17 (5) (ar) was created to require separate approval of branch offices if the Department determines that a branch office, because the volume of services provided or the distance between the branch office and the parent agency, cannot adequately share supervision and administration with the parent agency.

A copy of the complete rule is available at the following link:

Application for Approval and Certification - Questions - Contacts

For information on how to obtain an application for DQA approval and Medicaid certification as a personal care provider and the names and contact information of persons who can answer your questions, please visit the Department of Health Services website at


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Last Updated: September 30, 2011