Counties, ILCs and federally recognized American Indian tribes or bands will be required to provide, in a format approved by the Department, identifying information about the personal care provider and those agencies and individuals that provide Medicaid personal care services through a contract with the personal care provider. This information will enable the Department to develop and maintain a data base of certified personal care providers to organize, store and retrieve information about personal care services provided in Wisconsin for various reporting and planning activities. The proposed rule does not include home health agencies because the Department already collects this information from home health agencies through the license application process and the annual report. It is estimated that the average time to complete this information will be 30 minutes at an estimated cost of $14.
Minimize Risk of Infection
The first substantive revision requires agencies to provide staff training and proper supplies to minimize the risk of infection and to monitor for compliance. This requirement is expected to result in minimal costs to providers because many personal care providers in Wisconsin already provide staff training and monitoring to meet current standards of practice and Centers for Disease Control (CDC) guidelines. Any provider that does not meet this standard is able to access information from CDC's web site to train their staff and start their monitoring program. Additional costs for sundry supplies (e.g., gloves, masks, etc.) are expected to be minimal.
Communicable disease screening
Personal care providers will be required to ensure that employees are screened for the presence of clinically apparent communicable diseases, including tuberculosis, within 90 days before the employee has direct client contact. This standard is similar to employee health screening requirements for nursing homes, home health agencies, hospices, hospitals, facilities for the developmentally disabled and restaurants. The Journal of American Medical Association (April 19, 2000) identifies health care workers as a group at risk for acquiring tuberculosis. Pulmonary tuberculosis is a contagious disease that is usually spread through the coughing and sneezing of an infected person. Transmission of the infection usually occurs only after prolonged exposure. It is important for persons in high risk groups to be tested to ensure they are free from infectious disease to prevent exposure and spread of the disease to clients and to identify the need for treatment.
The average time to complete the pre-employment screening is estimated to be 30 minutes, at an estimated cost of $14 per employee. Although not required by rule, this may encourage providers to complete a tuberculosis skin test, at an average cost of $50 each.
Training and Orientation
The rules will require an estimated additional 4 hours of training and orientation for personal care workers (PCWs) and registered nurses. It is estimated that the average hourly rate is $28.00 salary and fringe. Estimated per staff costs are $116 per affected employee.
The proposed rules require the completion of a discharge summary for all clients. It is estimated that a registered nurse will need 10 minutes to complete this requirement. The per-client cost is estimated at $7 ($40 per hour salary and fringe x 10 minutes).
Small Business Impact
The proposed rule will affect at least 10% of the small businesses affected by the rule, but the rules will not have a significant negative economic impact on those businesses.
Small business regulatory coordinator
A copy of the full fiscal estimate may be obtained from the department's contact person listed below upon request.
Agency Contact Person
Pat Benesh, Quality Assurance Program Spec-Senior
Division of Quality Assurance
1 West Wilson St., Room 534
Madison, WI 53701
Notice of Hearings
Fish, Game, etc., Chs. NR 1
NOTICE IS HEREBY GIVEN That pursuant to ss. 23.091
, 23.09 (2) (intro)
, 23.11 (1)
, 23.28 (3)
, 27.01 (2) (j)
, 27.01 (10) (b)
, 227.11 (2) (a)
and 23.33 (4) (b)
, Stats., the Department of Natural Resources, hereinafter the Department, will hold a public hearing on a rule revising Chapter NR 45
, relating to the use of department properties.
Chapter NR 45
, Wis. Adm. Code, which is the principle rule governing the conduct of visitors to the properties and facilities owned, acquired by easement, or leased by the department. The rule revision contains a number of fee changes relative to camping, and an increase in commercial use permit fees to address the continued costs of providing quality services. The proposed rule will also clarify the term “edible fruits" for collection, removing invasive plants without a permit, collection of dead and down wood below the ordinary high water mark, evictions from state properties, allowing designated roads in northern state forest properties as ATV route when authorized by the property master plan, allowing uncased bows and firearms when crossing the Glacial Drumlin state trail adjacent to the Lake Mills wildlife area when engaged in legal hunting. The rule also addresses launching of motor boats on portions of a water body when there are restrictions on the property's master plan, fee waivers for state park admission for holders of National park service pass program, requirement of vehicle admission fee at Parfey's Glen state natural area and creates a ban on glass containers at Straight Lake state park and prohibits the launching of motorboat and gasoline powered ice augers on Straight and Rainbow lakes and establishes the creation of a slow-no-wake area in the “narrows" of the Dells of the Wisconsin river. This also includes housekeeping changes regarding the Department's property management rules.
Date and Time
May 17, 2010 - Monday
at 5:00 p.m., with the record held open until at least 6:00 p.m.
DNR Executive Offices
101 S. Webster Street
Madison, WI 53707
May 18, 2010 - Tuesday
at 5:00 p.m., with the record held open until at least 6:00 p.m.
Woodruff Town Hall
1418 1st Avenue
Woodruff, WI 54568
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Andy Janicki in writing at the Department of Natural Resources, P. O. Box 7921, 101 S. Webster St., LF/6, Madison, WI 53707; by E-mail to Andrew.Janicki@ wisconsin.gov or by calling (608) 267-7490. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of proposed rules and fiscal estimate
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the Administrative Rules System Web site at http://adminruleswisconsin.gov.
If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting: Kathryn Fitzgerald, Department of Natural Resources, LF/6, PO Box 7921, 101 S. Webster Street, Madison, WI 53707 or by calling (608) 267-2764.
Submittal of Written Comments
Comments on the proposed rule must be received on or before May 21, 2010. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to: Kathryn Fitzgerald, Department of Natural Resources, LF/6, 101 S. Webster Street, Madison, WI 53707 or by calling (608) 267-2764.
Analysis Prepared by Department of Natural Resources
, 23.09 (2) (intro)
, 23.11 (4)
, 23.28 (3)
, 23.33 (4) (b)
, 27.01 (2) (i)
, 27.01 (10) (f)
and 28.04 (2)
Explanation of agency authority
In addition to the general authority granted by s. 227.11 (2) (a)
, Stats., to implement and interpret its statutory authority, the Department of Natural Resources has specific grants of rule making authority in chs. 23
, Stats., to manage its properties.
Related statute or rule
All Wisconsin DNR property management regulations are found in this chapter.
Plain language analysis
Chapter NR 45
is the principal rule governing the conduct of visitors to the properties and facilities owned, acquired by easement, or leased by the Department of Natural Resources (DNR). This chapter is reviewed and revisions proposed by staff on a regular basis. This rule revision contains a number of fee and policy changes relative to camping and other uses of DNR land. The increased fees address the continued costs of providing quality services.
An amended rule clarifies that collection of edible plants without a permit is for personal consumption, clarify the term “edible fruits," and remove the prohibition on collecting edible fruit on state natural areas.
The definitions include the Coulee Experimental state forest as a “northern state forests" so that the code provisions governing the northern state forests cover this property. An amended rule prohibits fires on the Coulee Experimental state forest.
A created rule makes it permissible to remove invasive plants without a permit.
A created rule prohibits the collection of dead and down wood located below the ordinary high water mark of the northern flowage properties for ecological and aesthetic purposes.
An amended rule governs evictions from DNR lands to prevent an evicted individual from entering a different state park, forest, or recreation area for a specified period after being evicted in order to alleviate law enforcement problems.
An amended rule clarifies that contractual agreements permit concessions or special events rather than commercial use permits.
An amended rule allows DNR to designate roads within northern state forest properties as ATV routes when the property master plan authorizes this use.
An amended rule clarifies that the exception to the requirement that firearms must be unloaded and enclosed in a case only applies on the portions of a property that are open to hunting.
A created rule allows uncased bows and firearms when crossing the Glacial Drumlin State Trail adjacent to lands that are part of the Lake Mills Wildlife Area.
An amended rule permits camping on state-owned sandbars on the Lower Chippewa River and limits the number of campers at the Turtle Flambeau Scenic Waters Area group campsites.
A created rule prohibits the launching or removal of motorboats on those portions of waterbodies located within DNR properties when the property's master plan restricts the use of motorboats.
An amended rule reorganizes the list of fee areas at state forests and eliminates two fee areas from the list.
An amended rule repeals the fee waivers for state park admission for holders of the National Park Service pass program. Instead, waivers will be given utilizing general statutory authority and guidance found in internal policy documents.
An amended rule categorizes all state forest campgrounds as type “A" to allow for an increase in camping fees per s. 27.01 (10)
An amended rule increases camping fees by $3.00 due to local market conditions for Rock Island State Park and 5 state forest campgrounds as allowed by NR 45.12(2)(b)5.
An amended rule increases the fee for commercial use permits, and for use of the indoor group camp at Wyalusing State Park.
A created rule establishes fees, based on site amenities including the number of electrical pedestals, for the new outdoor group campground at Council Grounds State Park.
An amended rule repeals specified rates for renting entire campgrounds at Devil's Lake State Park.
A created rule establishes a slow-no-wake area in the “narrows" of the Dells of Wisconsin River State Natural Area for public safety reasons.
An amended rule establishes closed hours for the newly acquired Gibraltar Rock State Natural Area for safety reasons.
An amended rule allows the addition of state natural areas to areas where vehicle admission receipts are required, adds Parfrey's Glen State Natural Area to the list of properties requiring a vehicle admission fee, and allows people to explore beyond the end of the designated trail at Parfey's Glen State Natural Area in response to the loss of an established trail due to flooding.
A created Rule establishes rules of conduct at Yellowstone Lake Wildlife Area's shooting range and defines the term “range officer."
A created rule establishes rules to implement the master plan for Straight Lake State Park including a ban on glass containers, a motorboat prohibition on Straight and Rainbow Lake, and a prohibition of gasoline powered ice augers.
A created rule establishes special event and boat mooring fees at Lakeshore State Park and operations of the marina.
A created rule prohibits target shooting within the Thornapple River sturgeon spawning area in Rusk County for public safety reasons.
Comparison with federal regulations
These rules are consistent with the requirements for land that is acquired or managed all or in part with Pittman Roberts, Sport Fish Restoration, and Land and Water Conservation Act funding.
Comparison with rules in adjacent states
Information pertinent to camping fees in state forests:
Family campsite fees range from $10 per night to $20 per night.
Illinois pricing varies by location.
There is no mention of fee differentials due to market forces.
Family campsite fees range from $12 per night to $18 per night.
Minnesota sets a range of pricing for different types of state parks.
Minnesota prices their "Familiar Favorites" campsites at the $18 fee.
Family campsite fees in Iowa range from $11 to $16 per night.
Iowa charges a camping differential fee based on the time of year.