Wisconsin Administrative Code

DHS 147.09 Exceptions to requirements. Except with regard to the requirement that all awards be matched at a ra- the chapter was last published.

DHS 148.01 Authority and purpose. This chapter is promulgated under the authority of s. 255.056, Stats., to establish and maintain a drug repository program under which unused drugs and supplies may be donated to a participating medical facility or pharmacy and dispensed to any W…

DHS 148.02 Applicability. (1) This chapter applies to the department and any person who donates, receives, dispenses or otherwise participates or wishes to participate in the drug repository program. (2) Over-the-counter medications and supplies not used to administer drugs such …

DHS 148.03 Definitions. In this chapter: (4) XDepartmentY means the Wisconsin department of health services. (5) XDispenseY has the meaning given in s. 450.01 (7), Stats. (6) XDistributeY has the meaning given in s. 450.01 (8), Stats. (7) XDistributorY has the meaning given in s.…

DHS 148.04 Requirements for participation by pharmacies and medical facilities. (1) ELIGIBILITY. To be eligible for participation in the drug repository program a pharmacy or medical facility shall be in compliance with all applicable federal and state laws, and administrative ru…

DHS 148.05 Recipient eligibility requirements. Any Wisconsin resident is eligible to receive drugs or supplies under the chapter was last published. DHS 148.05 WISCONSIN ADMINISTRATIVE CODE the drug repository program in the order of priority established under s. DHS 148.07 (4). …

DHS 148.06 Donations of drugs and supplies. (1) PERSONS ELIGIBLE TO DONATE DRUGS OR SUPPLIES. Any one of the following persons may donate legally obtained drugs or supplies to a drug repository, if the drugs or supplies meet the requirements under sub. (2), as determined by a pha…

DHS 148.07 Dispensing requirements. (1) Drugs and supplies shall be dispensed by a licensed pharmacist consis- 2 tent with the requirements in s. 450.11, Stats., and ch. Phar 7 or a practitioner consistent with the requirements in ch. Med 17. (2) The pharmacist shall inspect drug…

DHS 148.08 Handling fees. A drug repository may charge the recipient of a drug or supply a handling fee of no more than 300% of the Medicaid dispensing fee for each drug or supply dispensed. Note: The Medicaid dispensing fee can be found in the Wisconsin Medicaid Pharmacy Handboo…

DHS 148.09 Distribution of donated drugs and supplies. (1) Drug repositories may distribute drugs and supplies donated under the drug repository program to other repositories if requested by a participating repository. (2) A drug repository that has elected not to dispense donate…

DHS 148.10 Sale of donated drugs or supplies. Donated drugs and supplies may not be sold.

DHS 148.11 Recordkeeping requirements. (1) DONOR AND RECIPIENT FORMS. Drug repository donor and recipient forms shall be maintained for at least 5 years. (2) DESTRUCTION OF DONATED DRUGS OR SUPPLIES. A record of destruction of donated drugs and supplies that are not dispensed und…

DHS 149.01 Authority and purpose. This chapter is adopted pursuant to ss. 46.016, 227.11 (2) (a) and 253.06 (5) (a), Stats., and a state plan under s. 253.03, Stats., and 7 CFR 246. This chapter establishes the criteria for approval of grocery stores and pharmacies as authorized …

DHS 149.02 Applicability. This chapter applies to applicants for WIC vendor authorization, authorized vendors, WIC participants, applicants for WIC program benefits, and persons serving as proxies for participants.

DHS 149.03 Definitions. In this chapter: (1) XAbove-50-percent vendorY means an authorized vendor who derives more than 50 percent of annual food sales revenue from WIC checks. It includes vendor applicants applying for an initial authorization who estimate they will derive more …

DHS 149.04 Food distribution centers. Food distribution centers shall comply with this chapter and s. 253.06, Stats.

DHS 149.05 Minimum requirements for vendor authorization. A vendor may be eligible to become an authorized vendor, remain an authorized vendor, or be eligible for renewal as an authorized vendor if all of the following conditions are met: (1) The vendor is located in Wisconsin. (…

DHS 149.06 Application requirements. (1) Only persons who meet the eligibility requirements under s. DHS 149.05 may apply for authorization. An eligible person who wishes to apply for authorization shall apply to the state WIC office on an application form obtained from the state…

DHS 149.07 Action on application. (1) INITIAL AUTHORIZATION. Within 60 days after receipt by the state WIC office of a fully and accurately completed application for initial authorization, state WIC office staff shall approve or deny the application after doing all of the followi…

DHS 149.08 Vendor responsibilities. (1) COMPLIANCE WITH FEDERAL, STATE AND LOCAL REQUIREMENTS. An authorized vendor shall comply with all of the following: (a) The WIC program requirements specified in this chapter, s. 253.06, Stats., and 7 CFR 246. (b) Applicable federal, state …

DHS 149.09 Monitoring of vendors. (1) The state WIC office or the state WIC office designee may monitor a vendor at any time during a contract period including compliance buys, inventory audits, or routine on-site inspections. (2) When, during the course of a single monitoring, t…

DHS 149.10 Mandatory vendor disqualification. (1) MANDATORY PERMANENT DISQUALIFICATION. (a) 1. The state WIC office shall permanently disqualify a vendor from participation in the WIC program if the vendor is convicted of providing cash in exchange for a WIC check or of selling a…

DHS 149.11 Discretionary vendor sanctions. (1) UP TO ONE YEAR DISQUALIFICATION. The state WIC office may send a warning letter to the vendor, require training for designated vendor personnel, require implementation of a corrective action plan, require payment of a forfeiture, req…

DHS 149.12 Civil money penalty in lieu of disqualification. (1) Under s. DHS 149.10 (2) to (4), if the state WIC office determines that disqualification of the authorized vendor would result in inadequate participant access, the state WIC office shall impose a civil money penalty…

DHS 149.13 Recoupment. The state WIC office may recoup excess payments made to the vendor, as verified by the state WIC office, resulting from the vendor[s violation of s. DHS 149.10. If a recoupment is imposed, the state WIC office shall also impose an enforcement assessment of …

DHS 149.14 Reciprocal food stamp program actions. (1) The state WIC office shall disqualify from the WIC program a vendor who is disqualified from the food stamp program. (2) The state WIC office shall impose a civil money penalty in lieu of a disqualification for a food stamp di…

DHS 149.15 Written notice. The state WIC office shall begin an adverse action, including disqualification, denial, or imposition of a civil money penalty, forfeiture, recoupment or enforcement assessment by serving upon the vendor a written notice of the action which shall includ…

DHS 149.16 Voluntary withdrawal or non-renewal of agreement. Except as provided in the discretionary sanctions listed in s. DHS 149.11, the state WIC office may not accept an authorized vendor[s voluntary withdrawal from the WIC program, or use non-renewal of the vendor contract …

DHS 149.17 Summary suspension. If the department finds that public health, safety or welfare imperatively requires the chapter was last published. 7 DEPARTMENT OF HEALTH SERVICES emergency action and incorporates a finding to that effect in its order, summary suspension of WIC au…

DHS 149.18 Vendor and food distribution centers appeals. (1) (a) A vendor or food distribution center may appeal an adverse action by requesting a hearing or an abbreviated review. Vendor appeals are governed by this section and 7 CFR 246.18, subch. III of ch. 227 and s. 253.06 (…

DHS 149.19 Conditions of eligibility. In order to be certified or remain certified as a participant to receive WIC benefits, an individual shall meet all of the following requirements: (1) Is an infant, a child under age 5, pregnant, breastfeeding or a postpartum woman who is wit…

DHS 149.20 Notification of participant responsibilities. (1) CERTIFICATION APPOINTMENTS. During each certification appointment the local project shall do all of the following: (a) Inform each applicant, participant, or parent/guardian that the chapter was last published. DHS 149.…

DHS 149.21 Denial or disqualification. (1) If the local project determines that an applicant does not meet all of the eligibility requirements for the WIC program, the local project shall notify the applicant or his or her parent/guardian in writing of the ineligibility, the reas…

DHS 149.22 Repayments. (1) If the local project determines that a participant has received or disposed of WIC benefits fraudulently, the local project shall provide written notice to the participant or parent/guardian of the intent to recover the funds. Such notification shall in…

DHS 149.23 Terminating or suspending WIC benefits due to shortage of funds. If the state WIC office determines that due to a shortage of funds for the WIC program, a participant[s WIC program benefits will be terminated or suspended, the local project shall issue a notice to the …

DHS 149.24 Mandatory participant or proxy disqualification. (1) MANDATORY ONE YEAR DISQUALIFICATION. (a) Except as provided in par. (b), the local WIC project shall disqualify a participant and the participant[s proxy and other family members from the WIC program for one year if …

DHS 149.25 Participant appeals. (1) ACTIONS APPEALABLE. An applicant or participant may appeal any of the following actions by the local project: (a) Denial of an application for participation in the WIC program. (b) Disqualification from the WIC program. (c) Request for repaymen…

DHS 15.01 Authority and purpose. This chapter is promulgated under the authority of s. 50.14 (5) (b), Stats., to establish procedures and other requirements necessary for levying and collecting the monthly assessment imposed under s. 50.14 (2), Stats., on all licensed beds in int…

DHS 15.02 Definitions. In this chapter: (1) XAssessmentY means a tax that is determined, levied, collected and paid according to this chapter and s. 50.14, Stats., including any applicable interest and penalties. (3) XDepartmentY means the Wisconsin department of health services.…

DHS 15.03 Facilities not subject to assessment. Facilities located outside the state are excluded from assessments imposed under this chapter and s. 50.14, Stats.

DHS 15.04 Assessment calculation. (1) ASSESSEvery facility that is not excluded under s. DHS 15.03 shall pay an assessment per licensed bed as prescribed by s. 50.14, Stats., and as calculated pursuant to this section and s. 50.14, Stats. The amounts of the assessment per license…

DHS 15.05 Deficiency and refund determinations. The department may conduct office or field audits or both to determine any assessment or refund due. The department and facilities under this chapter have authority and obligations in the same manner described in s. 77.59 (1) to (5)…

DHS 15.06 Interest and penalties. Assessments are subject to interest and penalties in the same manner and amounts described in s. 77.60 (1) to (7), (9) and (10), Stats. History: Cr. Register, May, 1993, No. 449, eff. 6-1-93.

DHS 15.07 Administration and due dates. (1) A facility shall provide the department with the data necessary for the calculation of the assessment on forms prescribed by the department, shall retain records supporting that data, and shall tender payment for the assessment in accor…

DHS 15.08 Collection of delinquent assessments. The department may collect delinquent assessment payments in a manner comparable to that described in s. 77.62, Stats. History: Cr. Register, May, 1993, No. 449, eff. 6-1-93. the chapter was last published.

DHS 15.09 Appeals. If a facility contests any action of the department under this chapter or s. 50.14, Stats., the facility may submit a request for hearing to the department of administrations division of hearings and appeals. The request for hearing shall be in writing and shal…

DHS 151.01 Purpose. This chapter establishes the mechanism for the allocation of family planning funds appropriated to the department of health services pursuant to section 927 (18) (kp), ch. 418, laws of 1977. History: Cr. Register, May, 1979, No. 281, eff. 6-1-79; correction ma…