Notice of Hearing
Health & Family Services
(Medical Assistance,
Chs. HFS 101-108)
Notice is hereby given that, pursuant to s. 49.45 (10), Stats., the Department of Health and Family Services will hold a public hearing to consider the amendment of s. HFS 105.39 (4) (b) 3., relating to refresher training in cardiopulmonary resuscitation (CPR) and first aid for drivers of specialized medical vehicles (SMVs) under the Medical Assistance program, and the emergency rule now in effect on the same subject.
Hearing Information
September 1, 1999 Room B139
Wednesday State Office Building
From 10 a.m. to 12 noon 1 West Wilson Street
MADISON, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
The Department's rules for certification of specialized motor vehicle (SMV) providers under the Medical Assistance (MA) program include requirements for SMV drivers. Among current requirements is that each driver must receive training in first aid and cardiopulmonary resuscitation (CPR) before driving a vehicle or serving as an attendant and must receive refresher training in first aid every 2 years and refresher training in CPR annually. The specific requirements for refresher training date from December 1, 1994. When revising its rules for SMV providers earlier in 1994 the Department proposed to require refresher training every 2 years for both first aid and CPR, but at the public hearings on the proposed rules 5 SMV providers said the CPR refresher training should take place annually and the Department agreed and made that its requirement.
Although the American Red Cross CPR training and certification that the person is trained continue to be annual, the equivalent American Heart Association CPR training and certification (the American Heart Association prefers “recognition" to “certification") is now every 2 years. This means that to comply with the Department's current MA rule for SMV drivers, s. HFS 105.39 (4) (b) 3., drivers who receive their training from the American Heart Association must repeat the training each year. That is unnessary for maintenance of American Heart Association certification (recognition) and the time and expense involved is a burden on SMV providers and drivers. The Department is modifying the rule through this order to simply require that drivers maintain CPR certification.
The Department through this order is also changing the requirement for refresher training in first aid from every 2 years to at least every 3 years. That is because the American Red Cross certification in first aid is now for 3 years. A requirement for more frequent refresher training in first aid is a burden in time and expense involved for SMV providers and drivers.
Section HFS 105.39 (4) (b) 3. was amended by emergency order effective July 3, 1999. This permanent order makes the identical changes in the rule.
Text of Rule
SECTION 1. HFS 105.39 (4) (b) 3. is amended to read:
HFS 105.39 (4) (b) 3. Each driver shall receive refresher training in first aid at least every 2
3 years and refresher training in CPR annually shall maintain CPR certification. A driver who is an emergency medical technician licensed under ch. HFS 110, 111 or 112, a licensed practical nurse, a registered nurse or a physician assistant shall be considered to have met this requirement these requirements by completion of continuing education which includes first aid and CPR.
Contact Person
To find out more about the hearing, write, phone or E-mail:
Alfred Matano
Division of Health Care Financing
P.O. Box 309, Room 350
Madison, WI 53701-0309
(608) 267-6848 or,
if you are hearing impaired,
(608) 266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rules received by U.S. mail at the above address no later than September 8, 1999 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
These amendments to the Department's rules for certification of specialized medical vehicle (SMV) providers under the Medical Assistance (MA) program will not affect the expenditures or revenues of state government or local governments.
Section HFS 105.39 (4) (b) 3. currently requires SMV drivers, before driving a vehicle or serving as an attendant in a vehicle, to have basic Red Cross or equivalent training in first aid and cardiopulmonary resuscitation (CPR), and to have refresher training in first aid every 2 years and refresher training in CPR annually.
This order changes the refresher training requirement for first aid to at least every 3 years because the American Red Cross certification in first aid has been changed from 2 years to 3 years. The order changes the CPR refresher training requirement to a requirement that each driver simply maintain CPR certification since the American Heart Association certification (“recognition") in CPR is now for 2 years.
The rule changes will save time and money for some SMV providers whose drivers under current rules must take more frequent training than necessary to maintain certification in CPR or first aid.
In April 1999 there were 191 MA-certified SMV providers. None of them were operated by state government or local governments.
Initial Regulatory Flexibility Analysis
Nearly all of the 191 MA-certified SMV providers are small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. Many of the SMV providers and their drivers will be affected by the amendment of s. HFS 105.39 (4) (b) 3. The amendments change the frequency of required SMV driver refresher training in first aid from every 2 years to at least every 3 years and substitute having the drivers get the refresher training in CPR that they need in order to maintain certification for the requirement that they receive refresher training in CPR annually. Because of this updating of s. HFS 105.39 (4) (b) 3., some SMV providers are likely to realize savings in training costs and providing coverage for drivers taking training because required driver refresher training in first aid and CPR will not be as frequent as it was.
Notice of Hearings
Health & Social Services
(Medical Assistance,
Chs. HFS 101-108)
Notice is hereby given that, pursuant to ss. 49.45 (10) and 49.665 (3), (4) and (5), Stats., the Department of Health and Family Services will hold public hearings to consider the amendment of chs. HFS 101, 102, 103 and 108, Wis. Adm. Code, relating to operation of the BadgerCare health insurance program, and the emergency rules now in effect on the same subject.
Hearing Information
August 26, 1999 Room 40
Thursday State Office Building
From 10 a.m. to 3 p.m. 819 N. 6th Street
MILWAUKEE, WI
August 27, 1999 Room 152-A
Friday State Office Building
From 11 a.m. to 3 p.m. 200 N. Jefferson Street
GREEN BAY, WI
August 30, 1999 Room 123
Monday State Office Building
From 11 a.m. to 3 p.m. 610 Gibson St.
EAU CLAIRE, WI
August 31, 1999 Room 751
Tuesday State Office Building
From 10 a.m. to 3 p.m. 1 West Wilson Street
MADISON, WI
All hearing sites are fully accessible to people with disabilities. For the Madison hearing, parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
This order creates rules relating to how a new program called BadgerCare, established under s. 49.665, Stats., will work. Under BadgerCare, families with incomes up to 185% of the federal poverty level, but not low enough to be eligible for regular Medical Assistance (MA) coverage of their health care costs, and that lack access to group health insurance, are eligible to have BadgerCare pay for their health care costs. This order incorporates the rules for operation of BadgerCare into chs. HFS 101 to 108, the Department's rules for operation of the MA Program.
Benefits under BadgerCare will be identical to the comprehensive package of benefits provided by MA. The existing Wisconsin MA HMO managed care system, including mechanisms for assuring the quality of services, improving health outcomes and settling grievances, will be used also for BadgerCare.
The rules included in this order modify chs. HFS 101 to 108 to accommodate BadgerCare and in the process provide more specificity than s. 49.665, Stats., about the nonfinancial and financial conditions of eligibility for BadgerCare; state who is included in a BadgerCare group and whose income is taken into consideration when determining the eligibility of a BadgerCare group; expand on statutory conditions for continuing to be eligible for BadgerCare; require a BadgerCare group with monthly income above 150% of the federal poverty level to contribute toward the cost of the health care coverage; and set forth how the Department, as an alternative to providing MA coverage, will go about purchasing family coverage offered by the employer of a member of a family eligible for BadgerCare if the Department determines that purchasing that coverage would not cost more than providing MA coverage.
The Department obtained approval for BadgerCare from the federal Health Care Financing Administration (HCFA) on January 22, 1999, effective July 1, 1999, and on July 1, 1999, published emergency rules for the operation of BadgerCare. These are the identical permanent rules to replace the emergency rules.
Contact Person
To find out more about the hearings or to request a copy of the proposed rules, write, phone or E-mail:
Alfred Matano
Division of Health Care Financing
P.O. Box 309, Room 350
Madison, WI 53701-0309
(608) 267-6848 or,
if you are hearing impaired,
(608) 266-1511 (TTY)
