1. (1) General. Unless otherwise provided by law, the following persons are liable for services provided to a client:

   1. (a) A client who is not a minor.
   2. (b) A spouse.
   3. (c) A parent.
   4. (d) A person that a court determines or orders to be liable or otherwise responsible for payment of services provided to a minor.
   5. (e) Any other persons liable as provided under s. 46.10, Stats.
2. (2) Amount of liability. The amount of liability of any person under sub. (1) for services provided to a client shall be based upon the fee established under s. DHS 1.03, subject to subs. (4) and (5).
3. (3) Enforcement. The department may bring action to declare the liability of any person or entity under sub. (1), or to enforce payment toward such liability.

4. (4) Waiver.

   1. (a) The department or a county department may permanently waive the liability for a service rendered to a client for any of the following reasons:

      1. 1. The client receives Medical Assistance.
      2. 2. The client receives Social Security Disability or Supplemental Security Income.
      3. 3. No payments are required under s. DHS 1.05 (4).
      4. 4. The liability is for a service, meeting the exception in s. DHS 1.02 (9) (f).
   2. (b) Any liability that is waived under par. (a) shall be documented as provided in s. DHS 1.05 (5) (e).

5. (5) Non-compliance. The liability of a person under sub. (1) may not be waived as provided in sub. (4) if the department determines that the person does any of the following:

   1. (a) Refuses to complete a financial responsibility form or to provide documentation required to verify information provided in a financial responsibility form.

   2. (b) Intentionally misrepresents any information provided in a financial responsibility form.

      Note: The financial responsibility form is available by accessing: https://www.dhs.wisconsin.gov/forms/f8/f80130.pdf.

6. (6) Cost-share exception. Subsections (1) to (3) do not apply to an individual who is required to meet department cost-sharing requirements under s. 49.45 (18), Stats., for receiving services from community based residential facilities or any other assisted living facility.

History

History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1) (intro.) and (a), renum. (1) (d) and (e) to be (1) (g) and (h), r. and recr. (1) (g), cr. (1) (d) to (f), Register, November, 1979, No. 287, eff. 1-1-80; am. (1) (d) (intro.) and (2) (e), cr. (2) (f), Register, September, 1984, No. 345, eff. 10-1-84; am. (1) (intro.), (g) 1. and 2., r. and recr. (1) (d) and (2) (a), Register, December, 1987, No. 384, eff. 1-1-88; CR 19-020: r. and recr. Register December 2019 No. 768, eff. 1-1-20.