Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the January 31, 2009, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Health Services
Community Services, Chs.
DHS 30—
Revises Chapter
DHS 83, relating to community-based residential facilities (CBRFs). Effective 4-1-09.
Summary of Final Regulatory Flexibility Analysis
It is anticipated that all CBRFs will experience modest increased costs from one or more of the additional requirements defined above. A number of CBRFs already meet or exceed the requirements set forth in the rule and will not be affected by the rule changes. It is estimated that many of the cost increases would be less than 1% of revenue on a single bed; distributing the cost across all licensed beds further reduces the impact of increased costs to the CBRF.
Approximately 117 of the small Class C CBRFs may be required to install a sprinkler system. The cost to install a sprinkler system at these facilities will likely exceed 3.4% of operating expenses. Should these facilities need to make changes to meet other regulated areas such emergency lighting, increased cost for training, solid doors, higher costs for an administrator, etc, this will most likely exceed the established Department cost criteria of 3.4%. Only 8.5% of all CBRFs appear to be affected by the need for sprinkler systems, the single most costly item in the rule. The affected facilities have other options available to them to address the cost of sprinklers; including downsizing to a 4 bed adult family home, or requesting a waiver from the Department.
The rule may increase costs for CBRFs modestly in several areas, however, changes in administrative reporting requirements may reduce this administrative burden. Based on available data, the increased costs for most CBRFs will be less than the 2005 CPI of 3.4%. The effect on small business CBRFs cannot be clearly defined as there are too many variables. Small CBRFs will experience a larger fiscal impact then larger facilities as the per bed impact for any single item is greater.
Based on the January 2006 data, it is estimated that 892 CBRFs (65% of all CBRFs) are small business with annual revenue less then $5 million or 25 or fewer employees.
Summary of Comments by Legislative Review Committees
No comments were received from the Senate Committee Public Health, Senior Issues, Long Term Care and Privacy.
At the request of the Assembly Committee on Aging and Long Term Care, the Department met with the Committee to answer questions. No further comments were received from the Committee.
Health Services
Revises Chapters
DHS 173,
175,
178, and
195 to
198, relating to tattooing and body piercing establishments, recreational and educational camps, campgrounds, hotels, motels, and tourist rooming houses, restaurants, bed and breakfast establishments, and vending of food. Effective 2-1-09.
Summary of Final Regulatory Flexibility Analysis
The fees and rule changes to chs.
DHS 173,
175,
178,
195,
196,
197, and
198, will affect a substantial number of small businesses, however, the fees and rule changes will not have a significant economic impact on those businesses.
The direct impact of the fee changes on businesses is limited to the fees associated with obtaining initial and renewal licenses or permits or licenses and preinspections to operate an establishment. Licenses or permits and preinspections, and the associated fees are required by the legislature. Reinspection fees, fees for late renewal, fees for operating without a permit or license, for the majority of the entities affected by the changes are also required by the legislature. The department cannot exempt businesses from the fee requirements.
Reinspection fees, fees for late renewal, fees for operating without license or permit only affect an entity if the entity is out of compliance with the state law or regulations. Proposed fees for special condition inspections only affect persons without a license or permit who request inspection or consultation services from the department.
The rules should not add costs in addition to fees to businesses, as the rules are intended to update and clarify existing rules and statutes. The rules do not contain schedules or deadlines for compliance, reporting requirements, operational or performance standards.
Summary of Comments by Legislative Review Committees
No comments were received from the Senate Committee on Public Health, Senior Issues, Long Term Care and Privacy.
The Assembly Committee on Public Health requested a meeting with the Department. No further comments were received.
Occupational Therapists Affiliated Credentialing Board
Revises section
OT 4.04, relating to occupational therapist supervision of occupational therapy assistants. Effective 2-1-09.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
Revises Chapter
PI 37, relating to grants for national teacher certification and master educator licensure. Effective 2-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
