4. Loss of Eligibility
A local agency is permitted to determine that a parent is no longer eligible for child care funds if the parent fails to make required co-payments or provides false information to the agency about income or other matters affecting eligibility.
5. Recovery of Funds
Rules are added in compliance with 1995 Wis. Act 27 to provide for recovery of funds from a parent if the parent was not eligible for child care funds, and for recovery of an overpayment made to a provider when the provider is responsible for the overpayment.
6. Reimbursement
Local agencies are permitted to reimburse parents under certain circumstances for the cost of health care services or to make funds available to parents for the purchase of child care services, and local agencies are directed when to reimburse child care providers on the basis of authorized units of service or for days of attendance.
7. Authorized Child Care Providers
Local agencies are permitted to make payments, under certain conditions, to child care providers who are not licensed or certified, including:
a. When an AFDC recipient is involved in orientation, enrollment or initial assessment in the JOBS program.
b. When child care is on-site and short-term for parents in training or education programs.
c. When short-term care is needed for a child who is ill and not allowed to receive care from a regulated provider.
8. Higher Rates for Higher Quality Care
Local agencies are required to pay higher for child care to providers who meet higher quality of care standards, as allowed under federal regulations.
9. Reimbursement Rate Categories
Reimbursement rates are required to two age categories and five provider types, a change from earlier policy.
10. Elimination of Rules for Respite Child Care
Rules for respite child care are eliminated, now that there is no longer a separate fund program. The 1995-97 state budget folded funding for respite child care into general community aids allocations for counties.
Publication Date:
June 29, 1996
Effective Date:
July 1, 1996
Expiration Date:
November 28, 1996
Extension Through:
March 27, 1997
2. Rules adopted revising ss. HSS 55.55 to 55.63, relating to certification of child care providers.
Exemption From Finding of Emergency
The Legislature in s. 275 (2) of 1995 Wis. Act 289 directed the
Department to promulgate rules relating to public assistance required under chs. 46, 48 and 49, Stats., as affected by the Acts of 1995, before July 1, 1996, for the period before permanent rules take effect, by using emergency rulemaking procedures but without having to make a finding of emergency. These are public assistance-related rules. They are for certified child care. They will take effect on July 1, 1996.
Analysis
The Department's current rules for certification of family day care providers, in-home day care providers and school-age day care programs are amended by this order to bring the rules into compliance with recent statute changes, in particular the changes made by 1995 Wis. Act 289 in establishing Wisconsin Works (W-2), a new system of assistance for families with dependent children which will replace Aid to Families with Dependent Children (AFDC), and to add needed protections for children, reduce or eliminate unnecessary requirements and clarify the authority of certifying agencies.
Key changes include:
1. Provisional Certification
Modifying standards for provisional certification so that no training is required, in compliance with Act 289 changes in the statutes.
2. Limited Certification
Deleting the category of limited certification, in compliance with Act 289 changes in the statutes.
3. Training for Regular Certification
Deleting the optional requirement to add 5 hours of initial training for regular certification, in order to standardize regulation statewide.
4. Criminal Records Check
Adding requirements for state criminal records checks and FBI criminal record check under certain circumstances, as required by Act 289 changes in the statutes.
5. Certification Fee
Permitting counties and tribal agencies to charge certification fees, as allowed under Act 289, not to exceed licensing fees for family day care centers plus the cost of criminal record checks.
6. Acceptance of Certification
Providing that certification issued by one certifying agency is to be accepted as valid by other certifying agencies.
7. Certification Exemption
Exempting specified child care arrangements from certification because those arrangements are short-term.
8. Sanction Authority
Giving sanction authority to certifying agencies when there is danger to the health, safety or welfare of children in care.
9. School-Age Programs
Adding requirements related to swimming pools and water safety.
Adding requirements for the safety of vehicles transporting children.
Deleting requirements for:
a. Physical exams for children and staff (replaced by a health history requirement).
b. 75 square feet of outdoor space per child.
c. Daily outdoor activities.
d. A place for rest or relaxation.
e. Ongoing communication with the child's parent.
f. Making copies of the certification standards available to all parents.
10. Parochial and Private Schools
Deleting rules related to certification of parochial and private schools since those programs can become licensed in order to receive public child care funding.
11. Parent Checklist
Deleting the rules requirement that parents in certified family day care and in-home day care complete and return a checklist of basic certification standards but permitting counties and tribes to continue to require it.
12. Other New or Changed Rules
a. Clarifying what is acceptable supervision and limiting the number of hours a provider can provide child care per day.
b. Requiring TB tests for all certified providers.
c. Requiring proper hand washing for child care providers and children.
d. Changing the water testing requirement when a public water supply is not available to be a one-time test prior to or within 3 months of initial certification.
e. Requiring certified providers to report relevant information to the certifying agency.
f. Prohibiting consumption of alcoholic beverages or controlled substances on the premises during hours of operation.
g. Prohibiting discrimination.
Publication Date:
June 29, 1996
Effective Date:
July 1, 1996
Expiration Date:
November 28, 1996
Extension Through:
February 28, 1997
3. Rules adopted repealing s. HSS 55.76 (5), created as an emergency rule relating to the administration of child care funds and required co-payments.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
Congress has just enacted welfare reform legislation which makes major changes to the federal welfare system, in many cases replacing federal entitlements with block grants to the states. The Governor has directed the creation of a Child Care Working Group to analyze the impact that the federal legislation will have on child care in Wisconsin and on the Wisconsin works program, and to analyze and identify effective methods and funding sources to increase child care options and expand the availability of affordable child care. Under these circumstances, it is necessary to withdraw the schedule for child care co-payments and the phase-in co-payment formula which were implemented by emergency rule on July 1 of this year. This will avoid the administrative problems and costs that would otherwise be incurred if these rules are changed again as a result of the new federal law.
Publication Date:
August 13,1996
Effective Date:
August 13, 1996
Expiration Date:
November 28, 1996
Extension Through:
March 27, 1997
EMERGENCY RULES NOW IN EFFECT
Health and Family Services
(Health, Chs. HSS 110--)
Rules adopted creating ch. HFS 125, relating to do-not-resuscitate bracelets to alert emergency health care personnel.
Finding of Emergency
The Department of Health and Family Services finds that an emergency exists and that the adoption of the rules is necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
A recent session law, 1995 Wis. Act 200, created ss. 154.17 to 154.29, Stats., relating to a do-not-resuscitate (DNR) order written by the attending physician for a patient who requests the order and who has a terminal condition or a medical condition such that, if the patient were to suffer cardiac or pulmonary failure, resuscitation would be unsuccessful or would cause significant physical pain or harm that would outweigh the possibility of successful restoration of the function for an indefinite period of time. A DNR order directs emergency health care personnel not to attempt cardiopulmonary resuscitation on a patient for whom the order is issued if that person suffers cardiac or respiratory arrest. Emergency health care personnel will know if there is a do-not-resuscitate order in effect if the patient has on his or her wrist a do-not-resuscitate bracelet which has been affixed there by the patient's attending physician or at the direction of the patient's attending physician. Emergency health care personnel are expected to follow a do-not-resuscitate order unless the patient revokes the order, the bracelet appears to have been tampered with or the patient is known to be pregnant.
Section 154.19 (3) (a), Stats., created by Wis. Act 200, permits the Department to establish procedures by rule for emergency health care personnel to use in following do-not-resuscitate orders, and s. 154.27, Stats., as created by Wis. Act 200, requires the Department to establish by rule a uniform standard for the size, color and design of do-not-resuscitate bracelets.
These rules are being published by emergency order because while most Wis. Act 200 provisions have taken effect and do-not-resuscitate orders are being written for patients who are qualified, as defined in s. 154.17 (4), Stats., as created by Wis. Act 200, and request the order, without rules that establish a uniform standard for the bracelets the Department cannot approve bracelets. If the bracelet is not approved by the Department, it cannot be affixed. In the absence of a DNR bracelet on the wrist of a person in cardiac or respiratory arrest, emergency health care personnel ordinarily cannot know that a DNR order is in effect, and so must initiate cardiopulmonary resuscitation which in some cases will contravene a DNR order.
The rules establish a uniform standard for do-not-resuscitate bracelets and a procedure for emergency medical technicians (EMTs), first responders and emergency health care facility personnel to use in following do-not-resuscitate orders.
Publication Date:
January 18, 1997
Effective Date:
January 18, 1997
