Rule-Making Notices
Notice of Hearing
Health Services
Management and Technology and Strategic Finance,
Chs.
DHS 1—
NOTICE IS HEREBY GIVEN that pursuant to sections
46.288 (1) and
227.11 (2) (a), Stats., the Department of Health Services will hold a public hearing on its emergency order and corresponding proposed permanent order revising Chapter
DHS 10, relating to the confidentiality requirements of the Family Care program that prohibit benefit specialists from disclosing personally identifying information about a client without the client's informed consent unless required by law.
Hearing Information
Date and Time
|
Location
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January 27, 2009
Tuesday,
10:00 a.m. to Noon
|
Department of Health Services
1 West Wilson Street
Room 630
Madison, WI 53703
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The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Analysis Prepared by Department of Health Services
Statutes interpreted
Statutory authority
Explanation of agency authority
The department's responsibilities for adult protective services are outlined under s.
55.02, Stats., and include requirements for the department to develop and operate a coordinated, statewide system for protective services and protective placements in cooperation with county departments. Section
55.01 (6r), Stats., defines protective services to include identification of individuals in need of services to keep the individual safe from abuse, neglect or financial exploitation.
The department is required under s.
46.288 (1), Stats., to promulgate as rules prescribing the standards for performance by resource centers and for certification of care management organizations, including requirements for maintaining quality assurance and quality improvement. Section
227.11 (2) (a), Stats., provides the department, as a state agency, with general rulemaking authority interpreting the provisions of any statute enforced or administered by the department if the department considers it necessary to effectuate the purpose of the statute.
Related statute or rule
See the “Statutes interpreted" and “Statutory authority" sections.
Plain language analysis
Chapter
DHS 10 is the department's rule that guides the implementation of the department's Family Care program. Included in these provisions are standards for confidentiality which prohibit disability benefit specialists from disclosing personally identifying information about a client without the client's consent unless required by law. Because disability benefit specialists are permissive reporters, and thus not required to report abuse, neglect, or financial exploitation of elder adults and adults at risk under ss.
46.90 (4) (ar) and
55.043 (1m) (br), Stats., s.
DHS 10.23 (2) (d) 2., effectively prevents disability benefits specialists from making such disclosures.
In the emergency order, and the corresponding proposed permanent order, the department has revised s.
DHS 10.23 (2) (d) 2., by adding language that would permit disability benefit specialists to report abuse, neglect, or financial exploitation of elder adults or adults-at-risk without violating that section's non-disclosure provisions.
Amending s.
DHS 10.23 (2) (d) 2., to allow disability benefit specialists to report abuse, neglect, or financial exploitation under ss.
46.90 (4) (ar) and
55.043 (1m) (br), Stats., would help to ensure that elder adults and adults-at-risk who may have been abused, neglected, or financially exploited are brought to the attention of the abuse, neglect and exploitation response systems outlined under ss.
46.90 and
55.043, Stats.
Comparison with federal regulations
42 USC 3058i (b)
8 (A) directs the state Unit on Aging (DHS-Bureau of Aging and Disability Resources) to promote the development of an elder abuse, neglect, and exploitation (ANE) to, among other requirements, include administrative procedures as may be necessary or appropriate to ensure that the state will deal effectively with ANE cases in the state and, to coordinate the programs with other state and local programs and services for the protection of vulnerable adults, including adult protective services.
Comparison with rules in adjacent states
Illinois
Illinois does not have a program similar to Family Care.
Iowa
Iowa does not have a program similar to Family Care.
Michigan
Michigan does not have a program similar to Family Care.
Minnesota
Minnesota does not have a program similar to Family Care.
Summary of factual data and analytical methodologies
In response to questions concerning the role of resource center disability benefit specialists in protective services, the department reviewed and analyzed its administrative rules and policies and determined that changes were needed to ensure that its administrative rules reflect its responsibilities to coordinate and maintain a protective service system for elder adults and adults-at-risk.
Small Business Impact
The rules do not affect businesses.
Small business regulatory coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
There is a potential increase in costs to counties that would be associated with counties responding to additional reports of abuse, neglect, or financial exploitation generated as a result of disability benefit specialists being able to make such reports. However, it is expected that this impact would be minimal since many other parties can report such incidents so that the impact of this change would only likely affect the timing and source of the report.
Agency Contact Person
Jane A. Raymond, Advocacy & Protection Systems Developer
Department of Health Services
DLTC/Bureau of Aging and Disability Resources
1 West Wilson Street, Room 450
Madison, WI 53702
608-266-2568
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed above. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov. The deadline for submitting comments to the Department is 4:30 p.m. on Tuesday, February 3, 2009.
Text of Proposed Rule
SECTION 1. DHS 10.23 (2) (d) 2., is amended to read:
DHS 10.23 (2) (d) 2. Notwithstanding sub. (7) (b), a benefit specialist may not disclose information about a client without the informed consent of the client, unless required by law
or as permitted under ss. 55.043 (1m) (br) or 46.90 (4) (ar), Stats.
Notice of Hearings
Health Services
NOTICE IS HEREBY GIVEN that pursuant to section
49.45 (2) (a) 11., Stats., the Department of Health Services will hold public hearings to consider the amendment of Chapter
DHS 105, relating to benefits covered by the Wisconsin Medical Assistance program. The proposal relates specifically to the Department of Health Services allowing federally recognized American Indian tribes and bands in Wisconsin to be certified by Wisconsin Medicaid as providers of personal care services.
Hearing Information
Date and Time
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Location
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February 3, 2009
Tuesday
1:00 to 3:00 p.m.
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500 Forest Street
Marathon County Courthouse
Corporation Counsel Conference
Room
Wausau, WI
|
February 4, 2009
Wednesday
10:00 a.m. to Noon
|
1 West Wilson Street
State Office Building
Room B-139
Madison, WI
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Analysis Prepared by Department of Health Services
