Ch. HSS 83 - Community-based residential facilities (CBRFs) for adults.
Summary of Final Regulatory Flexibility Analysis:
More than half of the 1120 community-based residential facilities (CBRFs) in the state are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
The rules are being updated, with requirements clarified and further developed and new requirements added, in the interests of better protecting residents and promoting their well-being.
There are about 15,000 residents of the 1120 CBRFs. All residents need supervision and help with daily living, although generally not care provided by nursing staff. Because of their vulnerability, they need to be protected from harm and there must be assurances that their care needs are met and their interests are safeguarded. The Department's rules establish expectations for the protection and care of CBRF residents, and enforcement of the rules is intended to help assure protection and good care. Standards and procedures must apply equally to all facilities, varying only on the basis of the care needs and capabilities of residents.
At the Department's public hearings on the proposed rules there were a number of comments that relate to CBRFs as small businesses even though no hearing participant asked for regulatory relief specifically on small business grounds. Concerns were raised about the costs of implementing the revised rules and, in particular, about the costs of training, meeting minimum staffing requirements, complying with detailed medication procedures and adding heat detectors to smoke detection systems in existing facilities. Hearing participants recommended that documentation and reporting requirements be reduced, that past education, training and experience be accepted in place of required training and that individual training plans not be required for CBRF staff members.
In response to concerns and suggestions of public hearing participants, the Department deleted some documentation and reporting requirements; exempted CBRF administrators with at least 2 years of experience from most training requirements; permitted substitution of pertinent education, training and experience of other staff for required training; limited the individual training plan requirement to lead or sole resident care staff; reduced the minimum staffing requirements at night and on weekends; and gave more time to existing facilities to add heat detectors to their smoke detection systems. Changes made in training requirements following the hearings will reduce training costs.
Summary of Comments of Legislative Committees:
The Senate committee on Health, Human Services and Aging held a legislative public hearing on the proposed rule on May 11, 1994 and requested the Department on May 13, 1994 to make unspecified modifications in the rules. The Assembly Committee on Children and Human Services held a legislative public hearing on the proposed rules on May 16, 1994 and the same day requested the Department to make unspecified modifications in the rules.
Following the public hearings, the chairpersons of the two standing committees established a workgroup to review comments received on the proposed rules at the hearings and to recommend to the Department changes in proposed ch. HSS 83. the Department submitted resulting modifications of the rules to the standing committees in December, 1994. These included taking out most specified minimum staff-to-resident ratios; reducing initial required training for resident care staff from 68 hours to 56 hours; permitting a CBRF to do its own staff training on the basis of a Department-approved plan; expanding the list of persons exempt from some or all of the required initial training; changing the resident nursing care limit without waiver from no more than 3 hours a day for 30 days to no more than 3 hours a day for 90 days, and adding the possibility of a waiver of this limit for certain residents; changing the requirement for quarterly review by a pharmacist of a resident's medications to at least every 12 months by either a physician or a pharmacist; requiring that services for a terminally ill resident be provided by a hospice or home health agency only if the resident needs more than 3 hours of care a week; for an involuntary discharge or transfer, adding a requirement for Department review if requested by the resident or that person's guardian; and adding requirements for criminal records checks of license applicants and prospective employes.
SS. HSS 201.30 (1) and 201.303 - Participation of Aid to Families with Dependent Children (AFDC) recipients in the AFDC Benefit Cap Demonstration Project.
Summary of Final Regulatory Flexibility Analysis:
These rules relate to county and tribal administration of a federal and state program. They will not directly affect small businesses as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
7.
Industry, Labor & Human Relations
(CR 96-5)
S. Ind 80.60 (4) - Self-Insurance application fees.
Summary of Final Regulatory Flexibility Analysis:
There are approximately 175 non-public self-insured. None are small businesses.
Summary of Comments of Legislative Standing Committees:
No comments were received.
8.
Industry, Labor & Human Relations
(CR 96-6)
S. Ind 80.62 - Uninsured employers fund.
Summary of Final Regulatory Flexibility Analysis:
The rule will affect employers who operate illegally without proper worker's compensation insurance coverage. The rule requires these employers to cooperate with the Department in its investigation of a claim by an employe by providing records and other documents. There are no specific reporting requirements.
Summary of Comments of Legislative Standing Committees:
No comments received.
9.
Industry, Labor & Human Relations
(CR 96-24)
S. Ind 80.15 - Payment after an order.
Summary of Final Regulatory Flexibility Analysis:
The rule has no impact on small business.
Summary of Comments of Legislative Standing Committees:
No comments received.
SS. Ins 3.455 and 3.46 - Requirements for long term care insurance sold in Wisconsin.
Summary of Final Regulatory Flexibility Analysis:
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees:
The legislative standing committees had no comments on this rule.
Ch. NR 120 - Nonpoint source pollution abatement program.
Summary of Final Regulatory Flexibility Analysis:
Participation in the nonpoint source pollution abatement program is voluntary except that participation is required in designated critical sites where voluntary participation has not reach the water quality goals after 36 months notification. The proposed rule revisions will primarily affect counties, municipalities, landowners and land operators.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. On November 29, 1995, the Assembly Natural Resources Committee held a public hearing. At that hearing, the Committee voted to consider modifications to the rule. After discussions with the Department, on April 17, 1996, the Committee voted not to request any modifications.
S. NR 19.30 - Requiring criminal history checks on all volunteer all-terrain vehicle, boating, bowhunter, hunter education and snowmobile safety instructors.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule doe snot regulate small business.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. No request for modification was received.
S. NR 1.52 - Policy on promulgation of environmental quality standards.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules do not regulate businesses in Wisconsin. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. On April 17, 1996, the Assembly Committee on Natural Resources held a public hearing. No request for modifications was received.
S. NR 19.02 - Requiring a handling fee for certain approvals required for hunting, trapping or fishing.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules does not regulate businesses; therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The proposed rules were reviewed by the Assembly Natural Resources Committee and the Senate Environment and Energy Committee. There were no comments.
Ch. NR 28 - Wild ginseng.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule doe snot have a significant economic impact on a substantial number of small businesses. If the proposed rule were not adopted and the U.S. Fish and Wildlife Service were to no longer approve the export of Wisconsin wild ginseng, the impact on certain small businesses would be significant.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on natural Resources and the Senate Committee on Environment and Energy. On April 17, 1996, the Assembly Committee on Natural Resources held a public hearing. No request for modifications was received.
Ch. RL 7 - Impaired professionals procedure.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. RL 1 - Procedures to review denials of credentials.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments reported.
Ch. RL 4 - Examination fees, refunds and fees for test reviews.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
