Plisch v. DHFS

1. Mildred Plisch appeals a judgment affirming a decision of the Wisconsin Department of Health & Family Services to commence Plisch's benefits on March 1, 2000, not February 1, 2000 as she contends.1 She argues that the Marathon County Department of Social Services violated its own policy regarding removal from a waiting list for terminally ill patients, contrary to the Community Options Program (COP) Manual. She seeks a refund of the $3,650 fee she paid to a community based residential facility for her care in February 2000. We conclude that the department correctly construed and applied the waiting list rules.

2. Plisch was a resident of a community based residential facility funded in part by the department through COP. The county is responsible for administering COP funds based on State guidelines. The guidelines are stated in the COP manual and allow each county to establish procedures for removing applicants placed on the waiting list. Placement on the list occurs when the county has committed its funding for the year.

3. Plisch applied for COP funded services in May 1999. Although she was determined eligible, she was placed on the waiting list. In January 2000, her doctor diagnosed her condition as terminal. On February 11, 2000, her husband submitted a letter from her doctor verifying her terminal illness. After meeting with Plisch and her husband, a social worker developed an "Individual Service Plan" setting forth the resources and services Plisch would receive and their costs. Under the plan, the start date for Plisch's COP services was March 1, 2000.

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By the Court. Judgment affirmed for the Defendant.

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C.L.