Wis. Admin. Code Department of Administration-Division of Hearings and Appeals § HA 3.02 - Definitions

Current through March 28, 2022

In this chapter:

(1) "Administrative law judge" means an administrative hearing examiner employed by the division of hearings and appeals.
(2) "Agency" means a county department of social services under s. 46.215 or 46.22, Stats., a county department of human services under s. 46.23, Stats., or a tribal agency which administers medicaid, food stamps, social services or public assistance programs.
(3) "COP" means the long term support community options program under s. 46.27, Stats.
(4) "Costs motion" means a request by a prevailing party under s. 227.485, Stats., for a department to pay the costs incurred in connection with a contested case.
(5) "Department" means the Wisconsin department of health services, the Wisconsin department of children and families, the Wisconsin department of workforce development or the Wisconsin department of administration.
(6) "Division" means the division of hearings and appeals.
(7) "Food stamps" means an assistance program under the Food Stamp Act of 1977, as amended, 7 USC 2011 to 2029.
(8) "Fair hearing" or "hearing" means a de novo proceeding before an impartial administrative law judge in which the petitioner or the petitioner's representative presents the reasons why the agency or department action or inaction in the petitioner's case should be corrected.
(9) "Katie Beckett waiver program" means the medicaid eligibility program authorized by 42 USC 1396a1902(e) (3).
(10) "Low Income Home Energy Assistance Program" or "LIHEAP" means the federally designated program under 42 USC 8621 as amended, and s. 16.27, Stats., which provides benefits and services to assist low-income households with the costs of energy used for home heating.
(11) "Managed care entity" means an organization which makes available to an enrolled participant health care services provided by providers selected by the organization and which has a contractual arrangement with the department of health services for the provision of services to medicaid enrollees.
(12) "Medicaid" means the medical assistance program under ss. 49.43 to 49.47 and 49.49 to 49.497, Stats., and chs. DHS 101 to 108.
(13) "Medicaid waiver services" means home and community-based services provided under ss. 46.27, 46.275, 46.277, and 46.278, Stats.
(14) "Petitioner" means a person on whose behalf a request for a hearing has been filed.
(15) "Public assistance" means a program, such as, but not limited to, LIHEAP, kinship care under s. 48.57(3m) and (3p), Stats., caretaker supplement under s. 49.775, Stats., or state supplements under s. 49.77, Stats., which provides cash benefits to needy individuals and which is administered by a department or by an agency for a department. "Public assistance" does not mean the Wisconsin works program under ss. 49.141 to 49.161, Stats.
(17) "Secretary" means the secretary of the department of workforce development, the secretary of the department of health services, the secretary of the department of children and families, or the secretary of the department of administration or their designees.
(18) "Social services" means services, other than under local county-funded programs, which are provided by agencies or the departments to individuals, or paid for by agencies or the departments on behalf of individuals, such as, but not limited to, the Alzheimer's family and caregiver support program under s. 46.87, Stats., or the family support program under s. 46.985, Stats.

Note: Section 46.985, Stats., was repealed by 2015 Wis. Act 55.

(19) "Wisconsin works" or "W-2" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, Stats.

Notes

Wis. Admin. Code Department of Administration-Division of Hearings and Appeals § HA 3.02
Cr. Register, November, 1999, No. 527, eff. 12-1-99; corrections in (5), (10) to (12), (17) made under s. 13.92(4) (b) 6 and 7., Stats., Register February 2013 No. 686. Amended by, correction in (18) (Note) made under s. 13.92(4) (b) 7., Stats., Register March 2017 No. 735, eff. 4/1/2017 Amended by, correction made under s. 35.17, Stats., Register October 2018 No. 754, eff. 11/1/2018

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