Because the Wisconsin Department of Health Services (“DHS”) receives federal financial assistance, it must comply with federal civil rights requirements as a recipient of that financial assistance and must ensure that its recipients of the federal financial assistance also comply with federal civil rights laws. Accordingly, any organization that receives funds from DHS to administer a federal program (e.g., Medicaid) — that is, all recipients and subrecipients of federal financial assistance—must comply with the federal civil rights laws and must provide assurance of that compliance to the state. This assurance is required through the submission of Letters of Assurance (“LOA”) and, sometimes, maintenance of a State Civil Rights Compliance Plan (“CRCP”).
Wisconsin DHS establishes its requirements for multi-year compliance periods. A new compliance period began on January 1, 2022 and will expire on December 31, 2025. Therefore, all organizations receiving, among other things, Medicaid funds, must now fulfill their LOA and, if applicable, CRCP compliance requirements for the new compliance period. Specifically, a LOA must be submitted to DHS by all organizations receiving any amount of such funds by January 21, 2022 (15 working days after January 1, 2022); organizations with 50 or more employees who receive more than $50,000 in such funding must also complete a CRCP by April 1, 2022. The LOA is filed with DHS; the CRC Plan itself does not get filed with DHS but must be made available for surveyors and upon request.
You can read more about the LOA and CRCP requirements here. You can also find more information, and the required Letter of Assurance form with required appendices, at Wisconsin’s DHS website.
If you have any questions regarding LOAs or CRCPs, please reach out to Robin Sheridan at (414) 721-0469 or rsheridan@wp.hallrender.com or your regular Hall Render attorney.
Special thanks to Capree Graczyk-Mosley for her contribution to this article. Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer an individual’s questions that may constitute legal advice.
