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 The emergency rules for s. DHS 105.17 and s. DHS 106.06 are no longer in effect.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: http://www.legis.state.wi.us/rsb/code/dhs/dhs101.html
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 http://www.dhs.wisconsin.gov/rl_DSL/PCAs/PCAregs.htm
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Last Updated: September 30, 2011