Scope Statements
Children and Families
Subject
Revises Chapters
DCF 52,
54, and
57, relating to rates charged by residential care centers, group homes, and child welfare agencies.
Policy Analysis
Effective January 1, 2011, under s.
49.343, Stats., as amended by
2009 Wisconsin Acts 28,
71, and
335, the department will establish the per client rate that a residential care center for children and youth or a group home may charge for its services, and the per client administrative rate that a child welfare agency may charge for the administrative portion of its treatment foster care services. In establishing rates for a placement specified in s.
938.357 (4) (c) 1. or
2., Stats., the department shall consult with the Department of Corrections. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department will determine the foster care levels of care to which this rate regulation applies.
By October 1, annually, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for treatment foster care services provided in the next year. The department shall review the proposed rate and audit the provider submitting the proposed rate to determine whether the proposed rate is appropriate to the level of services to be provided, the qualifications of the provider to provide those services, and the reasonable and necessary costs of providing those services. In reviewing a proposed rate, the department shall consider all of the following factors:
•
Changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.
•
Changes in the consumer price index for all urban consumers, U.S. city average, for the medical care group, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.
•
Changes in the allowable costs of the residential care center for children and youth, group home, or child welfare agency based on current actual cost data or documented projections of costs.
•
Changes in program utilization that affect the per client rate or per client administrative rate.
•
Changes in the department's expectations relating to service delivery.
•
Changes in service delivery proposed by the provider and agreed to by the department.
•
The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client rate or per client administrative rate for services.
•
Whether the agency is accredited by a national accrediting body that has developed child welfare standards.
•
Changes in any state or federal laws, rules, or regulations that result in any change in the cost of providing services, including any changes in the minimum wage.
•
Competitive factors.
•
The availability of funding to pay for the services to be provided under the proposed rate.
•
Any other factor relevant to the setting of a rate that the department may determine by rule.
If the department determines that a proposed rate submitted is appropriate, the department shall approve the proposed rate. If the department does not approve a proposed rate, the department shall negotiate with the provider to determine an agreed to rate. If after negotiations a rate is not agreed to, the department and the provider shall engage in mediation under a rate resolution procedure promulgated by rule to arrive at an agreed to rate. If after mediation a rate is not agreed to, the department shall order a rate for the service after considering the factors listed above. A provider may appeal the rate set by the department as a contested case under ch.
227 by filing with the department a request for a hearing within 30 days after the date of the order.
The department shall promulgate rules providing for all of the following:
•
Standards for determining whether a proposed rate is appropriate to the level of services to be provided, the qualifications of a provider to provide those services, and the reasonable and necessary costs of providing those services.
•
Factors for the department to consider in reviewing a proposed rate.
•
Procedures for reviewing proposed rates, including procedures for ordering a rate when negotiations and mediation fail to produce an agreed to rate.
The department has created an advisory committee consisting of representatives of purchasers; county departments; the Bureau of Milwaukee Child Welfare; tribes; consumers; and a statewide association of private, incorporated family and children's social service agencies representing all groups of providers that are affected by the rate regulation process. The committee will advise the department on the development of the proposed rules and the implementation of rate regulation for residential care centers for children and youth, group homes, and child welfare agencies.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Residential care centers for children and youth, group homes, child welfare agencies, counties, and tribes.
Estimate of Time Needed to Develop the Rule
500 hours.
Contact Information
Mary Morse
Child Welfare Licensing Section
Bureau of Permanence and Out-of-Home Care
Phone: (608) 266-0415
Commerce
Subject
Creates Chapter
Comm 9, relating to movable soccer goals and revises Chapters
Comm 83 to
85, relating to private sewage systems.
Objective of the Rule
One objective of the potential rule-making projects is to establish or revise administrative rules regarding buildings, building components or structures affected by legislation enacted during the 2009-2010 legislative session. This includes mandates under:
The rule-making project regarding private sewage systems may also involve technical revisions to address code inconsistencies and new technologies.
The objectives of these rule projects may be incorporated into more than one package and may include revisions to other chapters of department administrative rules affected by the proposal.
Policy Analysis
Under the statutory authority of chapters 101 and 145, Stats., the department has the responsibility to protect public health, safety and welfare in the design and construction of public buildings, places of employment and one- and 2- family dwellings and their components. The department has established building and construction codes that establish minimum standards for the protection of public health, safety and welfare.
Currently, the Department has no administrative rules governing soccer goals.
The primary alternative would be to delay the rule-making process. This delay would reduce the public benefits that would otherwise occur by beginning these projects now and would not be consistent with the implementation timelines mandated in the legislation.
Statutory Authority
Chapters
101,
145 and
167, Stats., as affected by 2009 legislation.
Comparison with Federal Regulations
