Scope statements
Corrections
Subject
Chapter DOC 348 (Huber Facilities)--Relating to huber facilities and work camps.
Policy Analysis
The objective of the rule is to amend:
  physical environment requirements to be consistent with industry standards for equipment, materials, and space allocation;
  fire safety requirements to be consistent with Department of Commerce (formerly, Department of Industry, Labor and Human Relations) regulations; and
  provisions relating to medical records, health screening, and diet.
In addition, the objective of the rule is to create:
  variance language similar to s. DOC 350.16;
  requirements for written policies and procedures similar to s. DOC 350.17; and
  minimum standards for work camps in accordance with s. 303.10, Stats.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule, and an analysis of policy alternatives:
Chapter DOC 348 sets forth with specificity the physical environment and space allocation requirements for jails and houses of correction. The rule will:
  revise physical requirements by identifying equipment and materials commensurate with inmate security risk, industry standards, and level of supervision;
  establish a minimum square footage requirement for day room, multi-purpose, and sleeping space per occupant;
  establish the maximum length of stay in receiving cells and holding rooms;
  incorporate Department of Commerce requirements for natural lighting and door and lock controls.
Chapter DOC 348 contains minimum fire safety standards. The rule will:
  remove the requirement for self contained breathing apparatus;
  require jails to develop fire protection and evacuation policies and procedures in conjunction with local fire departments;
  make fire inspection requirements consistent with Department of Commerce rules; and
  require documentation of inspection requests, completed inspections, and staff training on facility fire protection and evacuation policies and procedures and equipment.
Chapter DOC 348 contains policies and procedures and minimum standards relating to health care. The rule will:
  establish requirements for health care space within the secure perimeter of new or substantially remodeled jail or house of correction;
  require the development of policies and procedures for the housing of inmates who have contagious diseases, including physical plant requirements which meet Department of Commerce and federal OSHA standards;
  require the development of policies and procedures for the laundering of inmate clothing, including underclothing; and
  clarify the definition of health care and medical care for inmates.
Currently, ch. DOC 348 does not contain a provision for variance. The rule will provide for variance language which is similar to the provision under s. DOC 350.16.
Currently, ch. DOC 348 does not contain requirements for written policies and procedures. The rule will require written policies and procedures similar to the requirement under s. DOC 350.17.
1995 Act 281 created the concept of work camps. The rule will define and establish minimum standards for this type of facility.
The alternatives to the proposed policy would result in not clarifying or updating existing rule provisions.
Statutory authority
Sections 301.36, 301.37, and 303.10, Stats.
Staff time required
The Department estimates that it will take approximately 100 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.
Health and Family Services
Subject
To repeal, to renumber, to renumber and amend, to amend, to repeal and recreate, or to create rules in chs. HFS 101 to 108 relating to Medicaid providers.
Policy Analysis
The rule will enhance provisions in chs. HFS 101 to 108, to control fraud and abuse by Medicaid providers. While the existing code clearly prohibits fraud and abuse, this rulemaking effort will include new or enhanced mechanisms concerning provider certification and decertification, successor liability, surety bonds, overpayment recovery, and provider records. The rulemaking effort will implement ss. 49.45 (2) (a) 10. 11. 12. and (b) 6m. 7. 8. and 9., 49.45 (3) (g) and (h), and 49.45 (21), Stats.
Statutory authority
The department's authority to create these rules is found in ss. 49.45 (2) (a) 10. c., 11. b., 12. b. and (b) 6m., 7. 8. and 9., s. 49.45 (3) (g) 2.and (h) 1n., 49.45 (21) (e), and s. 227.11 (2) Stats.
Staff time required
Approximately 60 hours.
Health and Family Services
Subject
To repeal, to renumber, to renumber and amend, to amend, to repeal and recreate, or to create rules relating to Wis. Admin. Code ch. HFS 178 relating to campgrounds.
Policy Analysis
The Department of Health and Family Services (Department) or designated local health departments administer and enforce the licensing of all public campgrounds under Wis. Admin. Code ch. HFS 178. The Department has not significantly modified ch. HFS 178 since 1985. Since then the camping industry has changed significantly to require modifying the existing rules.
To ensure the development of appropriate rule modifications, the Department will convene a committee of industry and regulatory personnel to advise the Department.
The Department is proposing the following changes:
1.   Update Wis. Admin. Code s. HFS 178.03, to include a definition of primitive camping, and update the current definitions of camping, camping units and permanent structures. New definitions will be proposed to reflect changes in the camping industry.
2.   Correct the “Note" to Wis. Admin. Code s. HFS 178.07. The address of the State Lab of Hygiene has changed from 465 Henry Mall, Madison, Wisconsin, to 2601 Agricultural Drive, Madison, Wisconsin.
3.   Remove the “Note" under Wis. Admin. Code s. HFS 178.08 (1). Regulations regarding public sewer connections were taken out of Wis. Admin. Code ch. Comm. 83, and are currently handled at the local level.
4   Change the references in the code from the Department of Industry, Labor and Human Relations, to the Department of Commerce.
Loading...
Loading...
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.