The Department licenses approximately 340 private and 60 government owned nursing homes to accept patients with specific categories of health care needs. Skilled nursing facilities (SNFs) and intermediate care facilities (ICFs) provide primarily medical care to restore individuals to their rehabilitative potential. Institutions for mental diseases (IMDs) serve residents with psychotic and nonpsychotic mental illness. Ninety percent of these homes are skilled nursing facilities that generally have a permanent core staff of registered or licensed practical nurses and other staff who provide the elderly, and other individuals, with nursing and personal care services that include assistance with activities of daily living such as bathing, toilet use, eating and dressing, skin care, rehabilitative services for mental illness, and special treatment such as tracheostomy care, ostomy care, respiratory treatment, and tube feedings. Analysis of the data compiled in the Wisconsin Department of Health and Family Services, Division of Public Health, Bureau of Health Information and Policy Wisconsin Nursing Homes and Residents, 2004 (PPH 5374-04) September 2005 suggests that at least 40% of all licensed facilities have 85 or fewer beds and average gross annual revenues below $5 million assuming a 100% occupancy rate and annual per bed charges of $56,000. Approximately 81% of these beds are in privately owned facilities. The department approximates, however, that only about 10% of the privately owned facilities meet the definition of small business because some of these facilities are part of large corporations owning several facilities and employing more than 25 employees.
Through this rulemaking order the Department proposes to do the following:
Repeal or revise outdated or overly prescriptive rule provisions;
Repeal provisions that are duplicative of the regulations that are already stated in and monitored under ch.
50, Stats.,
42 CFR 483, or chs.
Comm 61 to
65;
Create rule provisions requiring applicants for nursing home licensure to disclose, in the application, the qualifications of any person with authority to manage the nursing home; any occurrences requiring closure of a residential or health care facility and relocating its residents; and any financial difficulties that a person or business entity connected with the nursing home has had in operating a residential or health care facility; and
Create a quality assurance and improvement committee to distribute funds as allowed under ss.
49.499 (2m), Stats., to nursing homes for innovative projects that improve the efficiency and cost effectiveness of operating a nursing home and that improve the quality of life of residents.
The Department does not expect the new application requirements to result in any increase in costs and believes that the proposed removal of outdated, prescriptive, and duplicative provisions from ch.
HFS 132 will make it easier for nursing homes to achieve and maintain compliance, provide care to residents, and ensure that residents are protected from unanticipated closures due to financial instability of nursing home licensees. The proposed creation of the quality assurance committee and subsequent distribution of funds under s.
49.499 (2m), Stats., is expected to not only improve residents quality of life in nursing homes, but is expected to stimulate innovation and competition within and among nursing homes in a way that will result in cost effective, high quality care to residents.
Pursuant to criteria adopted by the Department, the proposed rule may affect a substantial number of small businesses because at least 10% of the nursing homes affected by the proposed rules may be considered small businesses. However, the proposed rules will not have a significant economic impact on these nursing homes because the proposed rules do not include increased reporting, design or operational standards, or capital requirements and none of the proposed changes are expected to increase operating expenditures, including annualized capital expenditures, or reduce revenues by more than the 2005 consumer price index (CPI) of 3.4%. Any costs that may be associated with the additional application requirements most likely will not meet or exceed the 2005 CPI. The proposed removal of outdated, prescriptive, and duplicative provisions are expected to lower costs for all nursing homes.
Therefore, the Department concludes that the proposed rules may affect a substantial number of small businesses that are nursing homes, but the proposed rules will not have an adverse significant economic impact on those businesses.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
The proposed rules will not affect state or local government costs and will not have a significant economic impact on the private sector.
Obtaining Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at
http://adminrules.wisconsin.gov or by contacting the contact person listed below.
Contact Person
Otis Woods, Director
Department of Health and Family Services
Bureau of Quality Assurance
1 West Wilson, Room 1150
P.O. Box 2969
Madison, WI 53701-2969
phone: (608) 267-7185, fax: (608) 267-0352
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2) (intro.),
23.091,
23.11 (1),
23.22 (2) (b) 1.,
23.28 (3),
27.01 (2) (j) and
227.11 (2) (a), Stats., interpreting ss.
23.09 (2) (intro.),
23.091,
23.11 (4),
23.17,
23.175,
23.22 (2) (a),
23.28 (3),
23.293,
27.01 (2) (i) and
(j) and
28.04 (2), Stats., the Department of Natural Resources will hold a public hearing on the creation of s.
NR 45.04 (1) (g), Wis. Adm. Code, relating to the regulation of firewood entering and exiting Department lands. The rule prohibits a person from possessing firewood that originates from greater than 50 miles from the campground on that property where the wood would be used, or the property itself if there is no campground, or from outside the borders of the state of Wisconsin. Firewood from sources approved by the Wisconsin Department of Agriculture, Trade and Consumer Protection is allowable. Firewood includes all wood, processed or unprocessed, meant for use in a campfire. The purpose of this rule is to regulate firewood entering properties managed by the Department to reduce the risk of introduction and spread of emerald ash borer and other invasive insects and diseases of trees.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any small business that sells firewood for use on state lands
b. Description of reporting and bookkeeping procedures required: Any recordkeeping procedures for small business will be established by the Department of Agriculture, Trade and Consumer Protection
c. Description of professional skills required: None
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Wednesday, July 5, 2006 at 7:00 p.m.
Video conference participation will be available at:
Room MAC137, UW-Green Bay
2420 Nicolet Drive
Green Bay
Room 227, Pyle Center
702 Langdon Street
Madison
Room 220, UW-Wausau
518 South 7th Avenue
Wausau
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dr. Andrea Diss Torrance at (608) 264-9247 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
This rule regulates the movement of firewood into department properties to reduce the risk of introduction and spread of emerald ash borer (EAB) and other invasive pests and diseases of trees. This rule would prohibit firewood from sources greater than 50 miles from the campground or from outside the boundaries of the state of Wisconsin from entering Department properties. Firewood from sources approved by the WI DATCP would be allowable. Workload to institute this rule includes:
• development of criteria for allowable firewood with DATCP;
• asking if firewood is being brought into the campsite and from where during the check in process;
• confiscating and destroying prohibited firewood, estimated increase in LTE costs of $1,050 (1 hour per day, 7 days per week for 15 weeks) annually for 8 major state parks = $8,400 (the Department will have a better estimate of this workload later in the summer of 2006 with the implementation of the emergency rule and the results of a survey of instate campers on their transport of firewood);
• working with local firewood dealers to ensure supplies of safe, affordable firewood at campgrounds; and
• communicating the new rule and reasons for it.
There are no estimated fiscal effects on county, city, village, town, school district, technical college district or sewerage districts from these rules. We do not anticipate significant costs to the private sector from this rule.
There are no estimated long-term fiscal impacts associated with the rule. Expenses associated with public education and information will be concentrated in the first 2 years of the program. After 3-4 years it is anticipated the public will have received the message and costs for notification will decrease.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the rule may be submitted via U.S. mail to Dr. Andrea Diss Torrance, Bureau of Forest Science, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until July 10, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Dr. Diss Torrance.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create chs.
RL 164 and
165 relating to a code of conduct and renewal requirements for substance abuse professionals.
Hearing Date, Time and Location
Date: June 27, 2006
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 122
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 3, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes interpreted:
Statutory authority:
Section 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats.
Explanation of agency authority:
The Department of Regulation and Licensing has the authority under s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., to create rules for the transfer of credentialing authority of substance abuse counselors, clinical supervisors and prevention specialists to the Department from the Department of Health and Family Services.
Related statute or rule:
Subchapter VII of chapter 440, Stats.
Plain language analysis:
2005 Wisconsin Act 25 created Subchapter VII of chapter 440, Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists. This Act transferred the certification and regulation of Alcohol and Other Drug Abuse (AODA) counselors from the Department of Health and Family Services to the Department of Regulation and Licensing, effective January 1, 2006. This proposed rule-making order creates rules relating to requirements for renewal, as well as the bases for discipline for substance abuse counselors, clinical supervisors and prevention specialists.
SECTION 1 defines “department" and “substance abuse professional" and as well establishes a uniform definition of unprofessional conduct for all substance abuse professionals certified by the Department of Regulation and Licensing.
SECTION 2 establishes the authority granted to the department (as the credentialing authority for substance abuse professionals) by Wis. Stat. §
440.08 (3) (b), to impose additional requirements for renewals 5 years after expiration of a certificate, in order to assure competency of the applicant.
Summary of, and comparison with, existing or federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.
