# Wis. Admin. Code DHS § 105.17: Personal care providers > Wisconsin · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_17 ## Section - **Citation:** Wis. Admin. Code DHS § 105.17 - **Heading:** Personal care providers - **Jurisdiction:** Wisconsin - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Wisconsin Administrative Code / DHS / Chapter DHS 105 / § DHS 105.17 ## Text Personal care providers. (1) Definitions. In this section: (a) “Client” means an individual who receives personal care services from an entity certified or required to be certified under this section, irrespective of whether that individual is a medicaid recipient. (ag) “Delegated act” means an act that is delegated to an RN or L.P.N. by a physician, podiatrist, dentist or optometrist. (am) “Freestanding personal care agency” means an entity described in s. 49.45 (42) (d) 3. e. , Stats. (b) “Legal representative” means a person who is any of the following: 1. A guardian as defined under s. 54.01 (10) , Stats. 2. A person appointed as a health care agent under an activated power of attorney for health care under ch. 155 , Stats. 3. A person appointed as an agent under a durable power of attorney under s. 243.07 , 1989 Stats., executed on or before April 28, 1990. 4. A parent of a minor child. (c) “Principal” means an administrator, a person with management responsibility for the applicant, an officer or person owning directly or indirectly 5% or more of the shares or other evidences of ownership of a corporate applicant, a partner in a partnership which is an applicant, or the owner of a sole proprietorship which is an applicant. (1c) Requirements. For MA certification, a personal care provider shall be one of the following types of entities and shall meet applicable certification requirements: (a) A home health agency licensed under s. 50.49 , Stats., and ch. DHS 133 . (b) A county department established under s. 46.215 , 46.22 or 46.23 , Stats. (d) An independent living center as defined in s. 46.96 (1) (ah) , Stats. (e) A federally recognized American Indian tribe or band in Wisconsin. (f) A freestanding personal care agency. (1e) Contracting, planning and coordination; fit and qualified. A personal care provider shall do all of the following: (a) Possess the capacity to enter into a legally binding contract. 5 , 46.22 or 46.23 , Stats. (d) An independent living center as defined in s. 46.96 (1) (ah) , Stats. (e) A federally recognized American Indian tribe or band in Wisconsin. (f) A freestanding personal care agency. (1e) Contracting, planning and coordination; fit and qualified. A personal care provider shall do all of the following: (a) Possess the capacity to enter into a legally binding contract. (b) Present a proposal to the department to provide personal care services that does all of the following: 1. Documents cost-effective provision of services. 2. Documents a quality assurance mechanism and quality assurance activities. 3. Demonstrates that employees possess knowledge of and training and experience with special needs, including independent living needs, of the client group or groups receiving services. (c) Provide a written plan of operation describing the entire process from referral through delivery of services and follow-up. (d) Cooperate with other health and social service agencies in the area and with interested community referral groups to avoid duplication of services and to provide coordination of personal care services to clients. (e) Be fit and qualified. All of the following factors are relevant to a determination by the department whether the applicant is fit and qualified for purposes of this paragraph: 1. Any adverse action against the applicant or any principal by a licensing agency of any state that resulted in denial, suspension, injunction, or revocation of a license to operate a human services or health care agency or facility. 2. Any adverse action against the applicant or any principal initiated by a state or federal agency based on non-compliance that resulted in civil money penalties, termination of a provider agreement, suspension of payments, or the appointment of temporary management of a facility or agency. 3 on, injunction, or revocation of a license to operate a human services or health care agency or facility. 2. Any adverse action against the applicant or any principal initiated by a state or federal agency based on non-compliance that resulted in civil money penalties, termination of a provider agreement, suspension of payments, or the appointment of temporary management of a facility or agency. 3. Any conviction of the applicant or any principal for a crime involving neglect or abuse of patients or of the elderly or involving assaultive behavior or wanton disregard for the health or safety of others, or any act of abuse under s. 940.285 or 940.295 , Stats., or similar law in another jurisdiction. 4. Any conviction of the applicant or any principal for a crime related to the delivery of personal care or other health care-related services or items, or for providing personal care or other health care-related services without a license or other form of permission required by law. 5. Any conviction of the applicant or any principal for a crime involving a controlled substance under ch. 961 , Stats., or similar law in another jurisdiction. 6. Any conviction of the applicant or any principal for a crime involving a sexual offense. 7. Any prior financial failure of the applicant or any principal that resulted in bankruptcy or in the closing of a human services or health care agency or facility or the relocation or discharge of such an agency’s or facility’s patients. 8. Any unsatisfied judgment against the applicant or any principal or any debts that are at least 90 days past due. (f) Adopt written policies, procedures and documents that outline agency operations. (g) Adopt a statement detailing the services to be provided. (h) Oversee the management of the agency. (i) Appoint an administrator. elocation or discharge of such an agency’s or facility’s patients. 8. Any unsatisfied judgment against the applicant or any principal or any debts that are at least 90 days past due. (f) Adopt written policies, procedures and documents that outline agency operations. (g) Adopt a statement detailing the services to be provided. (h) Oversee the management of the agency. (i) Appoint an administrator. (j) Provide for a substitute administrator to act in the absence of the administrator. If it is necessary to immediately terminate an administrator or if the agency loses an administrator for other reasons, employ or name a qualified replacement as soon as possible within 90 days of the vacancy. (k) Notify the department in writing within 10 days of any appointment or change of the administrator or the substitute administrator. (L) Notify the department in writing within 10 days of a change in the location of the agency or contact information for the personal care provider. (1f) Provision of information. A county, independent living center or federally recognized American Indian tribe or band personal care provider shall provide, in a format approved by the department, identifying information about the county, independent living center or federally recognized American Indian tribe or band and those agencies and individuals that provide Medicaid personal care services through a contract with the county, independent living center or federally recognized American Indian tribe or band. (1g) Finances; accounting; recordkeeping; billing. A personal care provider shall do all of the following: (a) Cash flow. Document adequate resources to maintain a cash flow sufficient to cover operating expenses for 60 days. (b) Accounting methods. Document a financial accounting system that complies with generally accepted accounting principles. ederally recognized American Indian tribe or band. (1g) Finances; accounting; recordkeeping; billing. A personal care provider shall do all of the following: (a) Cash flow. Document adequate resources to maintain a cash flow sufficient to cover operating expenses for 60 days. (b) Accounting methods. Document a financial accounting system that complies with generally accepted accounting principles. (c) Recordkeeping. Maintain all of the following records: 1. Written personnel policies. 2. Written job descriptions. 3. A written plan of operations indicating the entire process from making referrals through delivery of services and follow-up. 4. A written statement defining the scope of personal care services provided, including the population being served, service needs and service priorities. 5. A written record of personal care workers’ training. 6. Workers’ time sheets. 7. Contracts with workers and other agencies. 8. Records of supervisory visits. (cm) Electronic visit verification. The provider is required to capture and retain EVV records. (d) Billing. Bill the medical assistance program for services covered under s. DHS 107.112 . (1k) Administrator and administrator qualifications. (a) The administrator of a personal care agency shall meet all of the following requirements: 1. Be at least 21 years of age. 2. Have the ability to fulfill the job requirements, respond to the needs of the clients, and manage the personal care agency. ## Nearby sections - [Wis. Admin. Code DHS § 105.01 Introduction](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_01.md) - [Wis. Admin. Code DHS § 105.02 Requirements for maintaining certification](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_02.md) - [Wis. Admin. Code DHS § 105.03 Participation by non-certified persons](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_03.md) - [Wis. Admin. Code DHS § 105.04 Supervision of provider assistants](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_04.md) - [Wis. Admin. Code DHS § 105.05 Physicians and assistants](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_05.md) - [Wis. Admin. Code DHS § 105.06 Dentists and dental hygienists](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_06.md) - [Wis. Admin. Code DHS § 105.07 General hospitals](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_07.md) - [Wis. Admin. Code DHS § 105.08 Skilled nursing facilities](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_08.md) - [Wis. Admin. Code DHS § 105.09 Medicare bed requirement](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_09.md) - [Wis. Admin. Code DHS § 105.10 SNFs and ICFs with deficiencies](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_10.md) - [Wis. Admin. Code DHS § 105.11 Intermediate care facilities](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_11.md) - [Wis. Admin. Code DHS § 105.12 ICFs for individuals with intellectual disabilities or individuals with related conditions](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_12.md) - [Wis. Admin. Code DHS § 105.14 Adult day care centers](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_14.md) - [Wis. Admin. Code DHS § 105.15 Pharmacies](https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_15.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WI_ADC_DHS_105_17. Check the current official text before relying on it. Not legal advice.