Scope Statements
Employee Trust Funds
Subject
Revises section
ETF 11.15 (4), relating to the agent for service of process upon the boards that are attached to the department.
Objective of the Rule
The proposed rule concerns designation of persons who will be able to accept service of process for the boards in matters pertaining to a pending appeal.
Policy Analysis
Currently, only three positions are designated by rule to receive service on behalf of the board: the chief counsel of the department and the division administrator or program director administering the program which pertains to the underlying appeal to the board.
This rulemaking is prompted by the desire to improve and simplify the procedure for receipt of service of process upon the boards attached to the department and by changes within the department's legal services office. By increasing the number of persons who are authorized to accept such service, the department will enhance customer service and allow staff to locate more easily an appropriate person to receive service. Two additional positions are designated to accept service for the board: the deputy secretary and the secretary of the department, or his or her designees. The names of the persons designated to accept service shall be disclosed upon request. Also, the proposed rule will eliminate the specific designation of a chief counsel of the department and change that position to be the general counsel.
Statutory Authority
Comparison with Federal Regulations
No specific federal regulation is implicated by this rulemaking. There is no impact on the provisions of the Internal Revenue Code regulating qualified pension plans. Similarly, there is no impact on Wis. Stat. s.
40.015, which requires that the Wisconsin Retirement System be maintained as a qualified plan.
Entities Affected by the Rule
The proposed rule would affect the various boards attached to the department and the department itself.
Estimate of Time Needed to Develop the Rule
The Department estimates that state employees will spend 20 hours to develop this rule.
Health Services
Subject
Revises Chapters
DHS 105 and
106, relating to certification of personal care agencies under the Wisconsin Medical Assistance program.
Objective of the Rule
To establish standards for certification of personal care providers under the Medical Assistance program.
Policy Analysis
A proposal currently being considered by the Wisconsin Legislature as part of the biennial budget bill, AB 75, seeks to specify the entities whose personal care services may be reimbursable by Medical Assistance.
In anticipation of the legislation, the department intends to propose standards by which to certify personal care providers other than county agencies, home health agencies, tribes and Independent Living Centers that want to directly bill and be reimbursed by the Medical Assistance program for the personal care services provided to recipients of Medical Assistance. In addition to promulgating permanent rules, the department may, as authorized under proposed AB 75, use emergency rules to make the standards immediately effective so that existing personal care providers that currently bill the Medical Assistance program through one of the types of agency listed above, may begin to directly bill as soon as possible after the effective date of the legislation, in the event their billing agency discontinues Medicaid certification as a personal care agency.
Statutory Authority
Comparison with Federal Regulations
Section
440.167 of 42 CFR provides the requirements for providing personal care services to Medicaid recipients. Section
440.167 does not provide detail on the types of agencies that are allowed to provide personal care services or to directly bill the Medicaid program for reimbursement.
Entities Affected by the Rule
Personal care agencies, including Independent Living Centers (ILCs), home health agencies, county agencies, federally recognized American Indian tribes and bands in Wisconsin, entities that currently contract with these agencies to perform personal care services, and managed care organizations may be affected by the proposed rules.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take approximately 150 hours of staff time to develop the proposed rules.
Contact Information
Al Matano
(608) 267-6848
Health Services
Subject
Revises Chapter
DHS 163, relating to certification for identification, removal and reduction of lead-based paint hazards.
Objective of the Rule
To enable the Department to administer and enforce newly promulgated Environmental Protection Agency (EPA) regulations under
40 CFR 745 Subparts E, L, and Q for abating lead-based paint hazards instead of the EPA. The new EPA regulations address lead-paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in pre-1978 housing and child occupied facilities. The EPA regulations require that building owners and occupants receive information on lead-based paint hazards before renovations begin; that individuals performing renovations are properly trained; that renovators and renovation firms are certified; that proper work practices be followed during renovation activities; and that cleaning verification is conducted when work is completed. The EPA regulations would directly regulate renovation activities conducted for remuneration in pre-1978 housing and child-occupied facilities.
Policy Analysis
The Department is currently authorized by EPA to administer and enforce a lead-based paint hazard reduction certification and accreditation program. To meet the EPA standards and receive EPA authorization to administer and enforce the new lead renovation regulations in pre-1978 housing and child occupied facilities, the Department must implement rules that are consistent with and as protective as the EPA regulations. If Wisconsin does not apply for program authorization, the EPA will administer the program in Wisconsin under the federal regulations. Wisconsin companies and individuals would be required to comply with federal regulations and pay fees directly to the federal program for certification and accreditation, in addition to complying with state lead laws and rules, and fees under ch.
DHS 163.
Authorization by EPA for Wisconsin to implement the new regulations would avoid the unnecessary complexity of overlapping state and federal regulations. The Department and local agencies are in a better position to protect the health and safety of Wisconsin citizens than is the EPA, by providing more direct technical assistance, oversight and outreach. Only minor revisions to ch.
DHS 163 will be necessary to meet the EPA requirements because ch.
DHS 163 already incorporates training courses, disciplines and certifications that are similar to those promulgated by EPA under
40 CFR 745 Subpart E.
The Department intends to revise its training courses for lead-safe renovators and lead sampling technicians; update language to reflect EPA terminology; and add work practice requirements, including pre-renovation notification to owners, recordkeeping, and cleaning verification protocols for renovation activities.
In October 2009, the EPA will begin accepting applications and fees for training and certification under the new federal lead abatement requirements that take effect in April 2010. The Department may implement emergency rules to modify ch.
DHS 163 in order to preserve Wisconsin's jurisdiction over its lead abatement program before the proposed permanent rules can become effective and before EPA begins accepting applications and fees from Wisconsin renovators in October 2009.
Statutory Authority
Comparison with Federal Regulations
40 CFR Part 745 Subpart E, Residential Property Renovation. Subpart E contains requirements for the provision of pre-renovation information distribution to property owners and occupants, firm and renovator certification, work practice standards for renovation, recordkeeping and enforcement. DHS 163 currently includes some, but not all, similar provisions with the EPA rule. DHS 163 does not include any pre-renovation information distribution requirements. DHS 163 provisions for certification of individuals and companies conducting renovation activities are similar to the EPA language, but some revisions are necessary to be consistent with the EPA. These revisions include making mandatory for all regulated renovation activities certifications that are currently optional in DHS 163.
40 CFR Part 745 Subpart L, Lead-Based Paint Activities. Subpart L contains training course accreditation requirements for the lead renovator and dust sampling technician courses. DHS 163 includes provisions for the accreditation of similar courses, the lead-safe work and lead sampling courses, but revisions are necessary to bring the curricular requirements in DHS 163 into compliance with the EPA course requirements as described in Subpart L.
Entities Affected by the Rule
Renovation contractors (including remodelers, painters, carpenters, building trades), rental property owners and managers, child-occupied facility operators including childcare centers and pre-schools, and schools.
Estimate of Time Needed to Develop the Rule
Estimated staff time to develop the rule: 300 hours. This includes time to staff the lead technical advisory committee required under s.
254.174, Stats.
