Wednesday 1 West Wilson Street
9:00 AM – 11:00 AM Madison, WI
The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Deadline for Comment Submission
Written comments for this rule that are submitted using the Department's website or which the Department receives by mail or email to the contact person listed below, no later than 4:30 p.m., Wednesday, July 7, 2004 will be given the same consideration as testimony presented at the hearing.
Purpose of Rulemaking
This proposed rulemaking order contains a variety of revisions to 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. Both of these chapters have not been substantially revised for over 10 years. These administrative rule chapters have many similar requirements and both are administered by the Department's Bureau of Quality Assurance. 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.
The Department is proposing these changes for several general reasons. First, the Department wants to modify some errors and ambiguities in the existing rules that have little or no substantive effect on entities regulated under these chapters. Second, it wants to eliminate rules that have become outdated due to changes in federal regulations or related state or federal laws. Third, some existing policies in these rules need to be updated to recognize changes in service delivery and technology. For example, the proposed language for the “Resident and Staff Communication" section replaces the prescriptive requirements of the conventional hard-wired nurse call system. The new language incorporates a generic allowance to provide a means for residents to communicate with facility staff that can be activated from the residents' rooms. The Department will also be encouraging nursing facilities to adopt modern design and new program concepts by proposing to eliminate the requirement for a centralized nurse station. Another example is the Department's proposal for new standards for pain management issues. Currently, no federal regulations specifically address pain management issues. Adopting rules that reflect and expand on current knowledge in this area will facilitate a nursing home's ability to better meet the needs of its residents. Fourth, the Department wants to eliminate overly prescriptive rules where possible. Finally, the Department is striving to make the rules more reflective of and compatible with comparable federal regulations.
Statutory Authority
The Department's authority to amend and create these rules is found in s.
50.02 (2) (a), Stats.
Statutes Interpreted
Fiscal Estimate
Generally the rule changes relieve regulatory requirements, eliminate rules and expand definitions. It is assumed that easing and/or eliminating rules would have a positive effect on the regulated entity.
The proposed s.
HFS 132.46 (7) requires nursing homes to create a 'Quality Assessment and Assurance Committee' of at least 5 members to meet quarterly. This appears to add a modest administrative task however, this increase will be offset with the repealing of s.
HFS 132.65 (3) (a) that required a Pharmacy committee.
The proposed s.
HFS 132.82 and
134.82 (1) adopts the federal Life Safety Code 2000. These standards may require some facilities to make repairs/upgrades. However, the rules provide an alternative solution to avoid costs to the facilities.
The fiscal impact on small business as defined in s.
227.114 (1), Stats., is listed as having no fiscal impact on the private sector. Available department statistics show only 2 of the current 443 licensed nursing homes and FDDs as small business entities and it is indeterminate if the rule changes will affect those 2 facilities.
Effect on Small Business
The fiscal impact on small business as defined in s.
227.114 (1), Stats., will be minimal. As described previously in this order, the majority of the proposed rule revisions either eliminate rules and prescriptive language, expand and update definitions for current terminology, or ease an existing standard. In addition, no new anticipated small business impact will be associated with the parallel Wisconsin proposed adoption of the 2000 edition of the Life Safety Code.
For More Information
A copy of the full text of the rule and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov. At this website, you can also register to receive email notification whenever the Department posts new information about this rulemaking. During the public comment period, you can submit comments on the rulemaking order and view comments that others have submitted about the rule.
A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting:
Cheryl Bell-Marek, Quality Assurance Program
Specialist-Senior
Department of Health and Family Services
Bureau of Quality Assurance
1 West Wilson Street, Room 950
P.O. Box 2969
Madison, WI 53701-2969
phone: 608-264-9896, fax: 608-267-7119
