Scope statements
Health and Family Services
Subject
The Department proposes to modify ch.
HFS 132, relating to the licensure and regulation of nursing homes and ch.
HFS 134, relating to the licensure and regulation of facilities serving people with developmental disabilities. These administrative rule chapters have many similar requirements and both are administered by the Department's Bureau of Quality Assurance (BQA.) Given the similarity of provisions in both chapters, the Department proposes to promulgate these rule modifications through a single “long-term care facility" rulemaking order.
Policy analysis
The existing policies in chapters HFS 132 and 134 need updating to reflect changes that have occurred in service delivery and technology, and changes in applicable federal or state law. More specifically, the Department intends to propose rules that include the following changes:
Updating the terms defined in both chapters to reflect current use of terminology. The Department will propose changes to current definitions based on suggestions made by BQA program staff, professional healthcare associations and other interested parties.
Eliminating obsolete rule provisions to reflect current standards of care and practice. The Department will propose amending s.
HFS 132.31 (1) (k), entitled “Rights of residents; Abuse and restraints" and s.
132.60 (6) (b), entitled “Resident care; Physical and chemical restraints; Orders required" to reflect federal regulatory language and recent research that has shown that restraints can be more harmful than helpful.
Updating the rules to reflect and incorporate waivers and variances previously issued by the Department. The Department has previously waived some of the existing provisions in chs.
HFS 132 and
HFS 134 because they conflict with federal law and do not reflect current nursing home standards of practice. The Department will reflect these waivers and variances in rule.
Updating the life safety, design and construction information where applicable. The federal Centers for Medicare and Medicaid Services has formally adopted, by reference, the 2000 edition of the Life Safety Code (LSC) of the National Fire Protection Association (NFPA.) All health care facilities referenced in the federal regulation are required to comply by September 11, 2003. Adoption of the 2000 edition removes all prior editions of the LSC, specifically the 1967, 1973, 1981 and 1985 editions of the NFPA 101 from the federal register. The Department also intends to update the physical plant requirements in both chapters.
Finally, the Department will take this opportunity to also propose making a variety of minor, technical changes that have little or no substantive effect on those regulated by the rules. Examples of these types of changes include correcting outdated agency names or addresses, spelling errors, and cross-references.
Statutory authority
The Department's authority to promulgate these rule changes is found in s.
50.02 (2) (a), Stats.
Staff time required
The Department anticipates that about 160 hours of staff time will be required to draft the proposed rulemaking order.
Health and Family Services
Subject
The Department proposes to make minor or technical changes to a variety of its administrative rules in a single rulemaking order. The 2003 Omnibus Order will cover proposed changes to the following Department administrative rule chapters:
HFS 10, relating to family care;
HFS 13, relating to reporting and investigation of caregiver misconduct;
HFS 52, relating to residential care centers for children and youth;
HFS 54, relating to child-placing agencies;
HFS 55, relating to day camps for children and day care programs established by school boards;
HFS 57, relating to group foster care;
HFS 59, relating to shelter care for children;
HFS 83, relating to community-based residential care facilities;
HFS 94, relating to patient rights and resolution of grievances;
HFS 124, relating to hospitals;
HFS 131, relating to hospices;
HFS 132, relating to nursing homes;
HFS 134, relating to facilities for the developmentally disabled;
HFS 136 relating to embalming standards;
HFS 145, relating to control of communicable diseases;
HFS 181, relating to reporting of blood test results; and
HFS 252, relating to electronic benefit transfer.
Policy analysis
Administrative rules have the full force and effect of law. Administrative rulemaking, also known as "rule promulgation," is an agency function that has been delegated to the agency by the legislature. Agency rulemaking is governed by subchapter II of ch.
227, Stats. Given that agency-issued rules impose legal requirements on others or set legal conditions for others so the agency can administer programs authorized by statute, the process of permanent rulemaking by agencies is methodical and lengthy.
For a variety of reasons, the Department periodically needs to make minor revisions to its administrative rules. Often, the revisions have little or no substantive effect on those regulated by the rules. While such revisions may be made as part of larger, substantive modifications to a particular chapter of rules, the time and expense associated with a rule promulgation effort usually precludes such minor, individual chapter changes. Therefore, the Department plans to issue, as a single proposed rulemaking order, minor changes to a variety of chapters of its administrative rules.
Statutory authority
Staff time required
The Department anticipates that about 80 hours of staff time will be required to draft, review and revise the proposed rulemaking order.
Natural Resources
Subject
The Department is proposing to amend s.
NR 50.09, the portion of ch.
NR 50 that deals with the snowmobile trail grants program. Specifically, the Department proposes to change the shape, color and size of the snowmobile directional arrow used in marking snowmobile trails. The Department will also take the opportunity to update an older rule provision regarding the maximum per mile reimbursement rate for maintenance to match the amount currently outlined in statute.
Policy analysis
The various signs used in the snowmobile trail program have been referenced in the administrative code since the late 70's. With the exception of two signs, the trail blazer and the directional arrow, the federal Manual on Uniform Traffic Control Devices (MUTCD) has served as the basis for the shape and color of the snowmobile trail signage. Historically, the minimum sizing of the signs was reduced so as not to cause confusion for motorists in the vicinity of snowmobile trails, i.e., along field edges, road crossings, etc. Over the last several years, the Department has been receiving comments on the difficulty of distinguishing the difference between the 6" x 6" trail blazer and the 9" x 9" directional arrow, both orange in color and a diamond in shape. Perhaps it's a comment on the changes in visual acuity of a “graying" snowmobile enthusiast population. This issue has also been highlighted by the popularity of the introduction and use of 12" x 12" yellow/black chevron signs in higher speed sweeping corners and sharp turn situations. After a number of discussions within the organized snowmobile community, there has been consensus that a change from a 9" x 9" orange/black diamond with arrow symbol to a 6" x 12" yellow/black rectangle with arrow symbol would increase both visibility and recognition of the sign. This change would also bring the directional arrow shape and color of the sign into conformance with the MUTCD.
The statutes currently specify that the per mile maximum for maintenance is $250. The existing rule contains a provision a reference to the maximum as $200. The rule will be changed to remove the incorrect figure and replace it with a reference to the statutorily defined amount.
Statutory authority
Staff time required
Approximately 73 hours will be needed by Department staff to promulgate and implement the proposed rule changes. Staff anticipates seeking authorization for a public hearing in January 2004 and seeking adoption of the rule changes in May 2004.
Revenue
Subject
Section
Tax 2.49, relating to apportionment of net business income of interstate finance companies
Objective of the rule. The objectives of the proposed rule are to:
• Reflect law changes relating to the apportionment of income by financial organizations.
• Provide an apportionment formula for brokerage houses and underwriters.
• Address changes in the financial services industry that make it difficult to apply the current rule to the financial services industry as it exists today.
Policy analysis
The department is using the current rule to apportion the income of financial organizations other than brokerage houses and underwriters. New policies are being proposed to reflect law changes requiring financial organizations to use an apportionment formula consisting solely of a sales factor and including brokerage houses and underwriters in the definition of a financial organization. In addition, a new policy is being proposed to conform to methods used by other states to allocate receipts received by financial institutions among the states. If the rules are not changed, they will be incorrect in that they will not reflect current law, including the legislative directive to promulgate new rules for financial organizations.
Statutory authority
Staff time required
The department estimates it will take approximately 200 hours to develop this rule order
Transportation
Subject
Objective of the Rule. Chapter
Trans 233, relating to division of land abutting a state trunk highway or connecting highway, was revised effective February 1
, 2001. WisDOT has been working cooperatively with many affected interests and legislators to refine the implementation of ch.
Trans 233 through a four-step process, in brief:
• Education, Training, Meetings
• Specific Responses to Questions
• Uniform Implementation
• Refine Rule As Necessary
This proposed rule revision is intended to implement conceptual agreements by WisDOT for clarification or modification of the rule as part of this continuing cooperative process “for the safety of entrance and departure from the abutting [highways] and for the preservation of the public interest and investment in the [highways]."
Policy analysis
Chapter
Trans 233 was established in 1956 and required amendments in 1999 for consistency with existing laws, new developments in land use and transportation planning principles, and for clarification and uniformity. In 2001, Trans 233 was amended again in response to WisDOT's cooperative efforts with many affected interests and legislators to refine the implementation of Trans 233. The objective of this revision is to promulgate agreements reached with many affected interests and legislators. This rule amendment will incorporate portions of WisDOT's Facilities Development Manual that implement ch.
Trans 233, will require transportation impact analyses in certain circumstances, and will clarify that a land divider is not required to submit plans for a conceptual review prior to dividing land.
Statutory authority
Staff time required
DEVELOP THE RULE:
Approximately 3 days for each member of an 6-member development team to continue meeting with the public and consider the proposed rule after it is drafted, and 4 days for initial and 2 days for final policy articulation and drafting by two persons. There will be coordination required with interest groups in order to obtain review and comment and establish appropriate public hearing(s) at convenient locations. Other reviews and approvals will be handled in the normal course of WisDOT business.
Transportation
Subject
Objective of the Rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding 3 highway segments to the network. The actual segments being proposed are:
STH 60 from USH 12 at Sauk City to USH 14 at Spring Green
STH 60 from USH 18 at Bridgeport to USH 61 at Boscobel
STH 39 from USH 151 at Mineral Point to USH 18 at Edmund
Policy analysis
Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to deal with changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes. The Department has received a request from Con-Way Central Express in Stoughton, WI, to add these highway segments.
Statutory authority
Section. 348.07 (4), Stats.
Staff time required
It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
Workforce Development
Subject
Chapter
DWD 80, Worker's Compensation.
Policy analysis
The rule will make the following changes:
• Require self-insured employers and insurance companies to submit supplemental reports for all reported claims regardless of whether they meet the lost-time definition.
• Require self-insured employers and insurance companies to provide notice of denial to the department and employees for claims that are initially reported and paid but later denied.
• Repeal the requirement that insurers and self-insured employers provide copies of notice of investigation of claims to the department and clarify that the notice of denial or investigation of claims is to be sent to the employee, along with a statement advising the employee of the right to a hearing before the department and if additional medical or other information is needed to complete the investigation.
• Allow the department to require self-insured employers and insurance carriers to submit all or selected information in reports or amendments to reports to be filed via electronic, magnetic, or other media satisfactory to the department.
• Establish when payment for compensation for permanent disability must begin in cases in which the self-insured employer or insurance carrier concedes liability but disputes the extent of permanent disability.
• Allow the department to seek reimbursement from uninsured employers for claim administration expenses when payments are made from the Uninsured Employers Fund.
• Permit insurance carriers to give notice of cancellation or termination of insurance policies to the Wisconsin Compensation Rating Bureau by facsimile machine transmission, electronic mail, or any electronic, magnetic, or other medium approved by the department.
• Require self-insured employers and insurance carriers to raise disputes over liability or the extent of disability affecting the reasonableness of fee determinations and give notice within 30 days after receiving a completed bill from a healthcare provider unless there is good cause for the delay in providing this notice.
• Require self-insured employers and insurance carriers to raise disputes over liability or the extent of liability affecting the necessity of treatment and give notice within 60 days after receiving a bill from the healthcare provider unless there is good cause for the delay in providing this notice.
Statutory authority
Staff time required
75 hours.
