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Scope Statements
Children and Families
Safety and Permanence, Chs. DCF 37-59
Subject
Revises Chapter DCF 57, relating to group home determination of need.
Policy Analysis
Any person who receives, with or without transfer of legal custody, 5 to 8 children to provide care and maintenance for those children must obtain a license to operate a group home from the department. To obtain a license to operate a group home, a person must meet the minimum requirements for a license established in chapter DCF 57, meet the background check requirements, pay the license fee, and meet the new determination of need requirement created by 2009 Wisconsin Act 335.
Section 48.625 (1g), Stats., as created by 2009 Wisconsin Act 335, provides that no person may apply for a license to operate a new group home or for an amendment to a license that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources. The department shall promulgate rules to implement this subsection.
The proposed rules will implement the determination of need requirement.
Statutory Authority
Sections 48.625 and 227.11 (2), Stats.
Comparison with Federal Regulations
None
Entities Affected by the Rule
Group home licensees and applicants for a license to operate a group home.
Estimate of Time Needed to Develop the Rule
75 hours.
Employee Trust Funds
Subject
Revises section ETF 10.75, relating to power of attorney.
Objective of the Rule
The Department of Employee Trust Funds proposes to amend s. ETF 10.75 to harmonize the rule with Wisconsin Statutes as amended by 2009 Wisconsin Act 319.
Policy Analysis
ETF is responsible for administering the benefit programs authorized under Chapter 40 of the Wisconsin Statutes. 2009 Wisconsin Act 319 repealed sections 243.07 and 243.10 of Chapter 243 and created Chapter 244 relating to power of attorney. The purpose of this rulemaking is to amend ETF 10.75 to conform the language and statutory references to the statutory changes.
Statutory Authority
Sections 40.03 (2) (i), (t) and 227.11 (2), Stats.
Comparison with Federal Regulations
No existing or proposed federal regulation addresses the contemplated rule changes.
Entities Affected by the Rule
The new rules will affect members, subscribers, their beneficiaries and dependents who have granted power of attorney to one or more individuals or entities.
Estimate of Time Needed to Develop the Rule
State employees will spend an estimated 30 hours to develop these rules.
Employee Trust Funds
Subject
Revises Chapter ETF 52, relating to the administration of the Duty Disability Program under s. 40.65, Stats.
Objective of the Rule
The Department of Employee Trust Funds seeks to clarify the existing rule regarding the administration of the Duty Disability Program and streamline the process of applying for and making determinations regarding the Duty Disability benefit.
Policy Analysis
ETF is responsible for ensuring that the Duty Disability benefit authorized by s. 40.65, Stats., is appropriately administered for participants in the Wisconsin Retirement System. Chapter ETF 52 was promulgated, in its entirety, in 1998. Since that time, the Department has further developed policies and procedures for administering the benefit, and finds that the rules should be amended to incorporate many of these policies and procedures and to clarify how the Duty Disability benefit is administered under the rules.
The proposed rule would amend definitions in s. ETF 50.02 to clarify how the terms are used by the Disability Bureau of ETF. Other provisions that could be amended include, without limitation, ss. ETF 52.04, 52.06, 52.07, 52.08, 52.12, 52.16 and 52.22.
ETF also contemplates creating new rules regarding the Duty Disability benefit to conform with existing policies and procedures of the Disability Bureau of ETF in administering the benefit.
Statutory Authority
Sections 40.03 (2) (i) and 227.11 (2), Stats.
Comparison with Federal Regulations
No existing or proposed federal regulation addresses the contemplated rule changes.
Entities Affected by the Rule
The new rules will affect members in the Duty Disability program as well as those who apply for the program.
Estimate of Time Needed to Develop the Rule
State employees will spend an estimated 75 hours to develop these rules.
Financial Institutions — Banking
Subject
Creates section DFI-Bkg 74.01 (3m), relating to health care billing companies.
Objective of the Rule
The purpose of the rule is to provide a definition of "health care billing companies."
Statutory Authority
Sections 218.04 (7) (d) and 227.11 (2), Stats.
Comparison with Federal Regulations
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