The department formed an advisory committee to help develop the proposed rules. The committee included: one or more representatives from the Wisconsin Manufacturers and Commerce, Wisconsin – National Federation of Independent Business, Wellness Council of Wisconsin, local health departments, Eau Claire Chamber of Commerce, American Heart Association, YMCA, and M3 Insurance. The committee met three times and recommended the content contained in the rules and the related application form. The committee used the knowledge of the group to comply with the law in s. 250.21, Stats., and to make the process easy for small businesses, as defined in s. 250.21 (1), (b), Stats., to apply. The committee reviewed other state rules and processes and used an example from Massachusetts as a starting point to help draft the department’s application form. When deciding to propose, under s. DHS 150.04 (1) (a), that the department award grants for “costs paid in any 12-month period during the grant funding period” instead of “costs paid during the year” as provided in s. 250.21 (2), Stats., the department considered the entire statute and determined that paying costs in ‘any 12-month’ period within the grant funding period is more practical and administratively feasible in that the department would avoid any delays in processing applications and distributing the grants that may be caused by department staffing and workload issues. Moreover, the intent of the statute is met by using an ‘any 12-month’ period. The statute states that funding can be provided for costs between March 15, 2014 and December 31, 2018, so it is unlikely that ‘during the year’ is based on a state fiscal year, which is a July to June period. Small businesses would lose months of possible reimbursement if interpreted that way. The same is true if reimbursement is tied to a calendar year. A floating 12-month period meets the intent and is within the language of s. 250.21, Stats., whether the costs were paid by an applicant ‘during the year’ or in ‘any 12-month’ period between March 15, 2014 and December 31, 2018, because an applicant can only receive a one-time grant of no more than 30% of costs paid for a workplace wellness program that is provided between March 15, 2014 and December 31, 2018. The department’s authority to provide grants for costs that arise in ‘any 12-month’ period during the “grant funding period”, defined in proposed rule s. DHS 150.02 (5) as the period beginning on March 15, 2014 and ending on December 31, 2018, derives from s. 227.11 (2) (a), Stats., which permits the department to “…promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute....” Analysis and supporting documents used to determine effect on small business
The proposed rules will impact businesses with 50 or fewer employees that choose to establish a workplace wellness program and apply for a grant, and the employees of such businesses. The proposed rules do not impose regulatory or other requirements on businesses, including small businesses, beyond those required under s. 251.20, Stats. Applying for a workplace wellness grant is voluntary and involves a minimum time commitment to complete the application form. Thus, costs to complete the application are negligible. Effect on small business
The proposed rules do not impose requirements on businesses, including small businesses.
Agency contact person
Statement on quality of agency data
To prepare the text and analysis of the proposed rules, the department relied on the language in ss. 227.11 (2) and 250.21, Stats. Information about the average costs per employee for a comprehensive workplace wellness program was received from Dee Edington, PhD., University of Michigan, a highly respected wellness program ROI expert. Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov after the hearing is scheduled. RULE TEXT
SECTION 1. DHS 150 is created to read:
Chapter DHS 150 (title) DHS 150 GRANTS FOR WORKPLACE WELLNESS PROGRAMS DHS 150.01 Authority and purpose. This chapter is promulgated under the authority of s. 250.21, Stats., to establish a process for awarding grants from the appropriation under s. 20.435 (1) (bn), Stats., to reimburse small businesses for costs incurred in establishing a workplace wellness program for their employees employed in this state. DHS 150.02 Definitions. In this chapter:
(1) “Applicant” means the small business or that person’s agent applying for a workplace wellness grant under this chapter.
(2) “Complete application” means the workplace wellness grant application form on which all of the required questions on the application form have been answered.
(3) “Department” means the department of health services.
(4) “Excluded costs” means any costs paid by a small business to acquire, construct, rehabilitate, remodel, or repair real property to provide a workplace wellness program to its employees employed in this state.
Note: Section 250.21 (2), Stats., prohibits the awarding of grants for costs to acquire, construct, rehabilitate, remodel, or repair real property to provide a workplace wellness program. (5) “Grant funding period” means the period beginning on March 15, 2014 and ending on December 31, 2018.
(6) “Small business” has the meaning given in s. 250.21 (1) (b), Stats. Note: Section 250.21 (1) (b), Stats., reads: “Small business” means a business that has 50 or fewer employees. (7) “State fiscal year” means the annual period commencing on the first day of July and ending on the succeeding June 30th.
(8) “Workplace wellness program” has the meaning given in s. 250.21 (1) (c), Stats. (9) “Workplace wellness program grant” or “grant” means the grant specified under s. 250.21, Stats. DHS 150.03 Application requirements. (1) Only a small business is eligible to apply for a workplace wellness program grant.
(2) To apply for a workplace wellness program grant, the applicant shall apply on an application form supplied by the department. The applicant shall complete the application fully and accurately, including the required questions for contact information; program components; affirmation, and expenditure report. The applicant shall submit the application to the department. Applications must be received by October 31, 2018 in order to be reimbursed before the grant funding period ends on December 31, 2018.
(3) If requested by the department, the applicant shall provide to the department a receipt for the costs submitted under sub. (2).
Note: An application for a workplace wellness grant can be completed online at http://www.dhs.wisconsin.gov/physical-activity/Worksite/index.htm. A paper application can be obtained from the department by download at http://www.dhs.wisconsin.gov/physical-activity/Worksite/index.htm or by submitting a written request to Chronic Disease Unit, 1 W. Wilson St, Room 218, Madison, WI 53703. DHS 150.04 Department action on grant application. (1) The department shall accept grant applications on a continuous basis throughout the grant funding period. Upon receipt of an application, the department shall do all of the following:
(a) Except as provided under par. (b) and sub. (2), issue the small business a grant of 30% of its costs paid in any 12-month period, during the grant funding period, to provide a workplace wellness program, or $15,000 whichever is less, within 60 calendar days after receiving a complete application for a grant under s. DHS 150.03 (2). (b) Review and make award decisions on applications in the order that the applications are received. If an application for a grant is received after the $3,000,000 appropriation account under s. 20.435 (1) (bn), Stats., is depleted for the state fiscal year, the application shall be considered received on the first day of the next state fiscal year. If an application for a grant received in a state fiscal year depletes the $3,000,000 appropriation account without being fully paid because the amount of the grant would be greater than the remaining funds in that state fiscal year, the department shall pay the balance from the appropriation account of the following state fiscal year. (c) Request the applicant to provide any missing information or documentation if an application for a grant is not a complete application.
(2) The department may not award a grant under this section if any of the following circumstances apply:
(a) The grant funding period has expired.
(b) The costs submitted for reimbursement are outside the grant funding period.
(c) The costs submitted for reimbursement are excluded costs.
(d) The department previously awarded the small business a grant under this chapter.
(e) The application is not a complete application.
(f) The applicant fails to provide the department with a receipt for costs requested under s. DHS 150.03 (3). (g) The workplace wellness program was in existence before March 15, 2014.
SECTION 2. EFFECTIVE DATE: This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22 (2), Stats.
