Wisconsin Administrative Code › Department of Administration-Division of Hearings and Appeals › Chapter HA 3 - Procedure And Practice For Fair Hearings › Section HA 3.02 - Definitions

Current through June 24, 2024
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.