Ch. HFS 133
S. HFS 133.02 (6g) had a correction made under
s. 13.93 (2m) (b) 7., Stats.
Final Regulatory Flexibility Analyses
Ch. AB 2 - The distribution of arts challenge initiative incentive grant funds.
Summary of Final Regulatory Flexibility Analysis:
The 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. ETF 20 - Rehired annuitants.
Summary of Final Regulatory Flexibility Analysis:
The provisions of the proposed rule will have no direct adverse effect on small businesses.
Summary of Comments:
No comments reported.
3.
Health and Family Services
(CR 00-1)
Ch. HFS 82 - Non-expiring licenses for a variety of medical care facilities.
Summary of Final Regulatory Flexibility Analysis:
The rule changes will not affect small businesses as defined in s. 227.114 (1) (a), Stats.
Comments of Legislative Standing Committees
No comments were received.
4.
Health and Family Services
(CR 00-52)
Chapter HFS 12 — Relating to caregiver background checks.
Summary of Final Regulatory Flexibility Analysis:
These rules apply to the following “agencies:" the Department, county social services and human services departments that license foster homes for children or carry out adoption home studies, child-placing agencies that do the same, and school boards that contract for a day care program. These rules also apply to the following licensed, certified, registered or approved “entities:"
• emergency mental health service programs;
• mental health day treatment services for children;
• community mental health programs
• developmental disability programs;
• community support programs;
• certified community alcohol and other drug abuse (AODA) prevention and treatment programs;
• family day care centers for children;
• group day care centers for children;
• day camps for children;
• foster homes and treatment foster homes for children;
• group homes for children;
• shelter care facilities for children;
• child-placing agencies;
• ambulance service providers;
• 3-4 bed adult family homes certified or licensed by the Department;
• residential care apartment complexes (formerly called assisted living facilities);
• community-based residential facilities (CBRFs);
• nursing homes and facilities for the developmentally disabled;
• hospice programs;
• home health agencies, including those that provide personal care services;
• rural medical centers; and
• hospitals.
• child-caring institutions;
• county-certified family day care providers; and
• day care providers contracted through local school boards.
Many of the entities are small businesses as “small businesses" is defined in s.227.114 (1) (a), Stats. This includes about 1/3 of the community mental health and AODA programs; nearly all the 2,665 family day care centers; nearly 1/3 of the 2,269 group day care centers; 12 of the 80 private child-placing agencies; most of the 2,800 foster homes and 10% of the 140 group homes; 25 of 450 ambulance service providers; 7 of 45 residential care apartment complexes; 600 of 1,120 CBRFs; 96 of 472 nursing homes; most of the hospice programs; and 115 of 191 home health agencies.
The revised rules minimize repetition of ss. 48.685 and 50.065, Stats., and are designed to supplement those statutes by providing guidance on:
• Sanctions associated with the acts committed under the Caregiver Law;
•Determining whether an offense is substantially related to client care;
• Reporting responsibilities; and
• The conduct of rehabilitation review.
However, the requirements found in the rules are either taken from the statutes that the rules implement, ss. 48.685 and 50.065, Stats., as created by 1997 Wis. Act 27 and amended by 1997 Wis. Act 237 and 1999 Wis. Act 9, or those statutes direct the Department to specify the requirements. The Department has not proposed more lenient provisions for small businesses as to do so would circumvent the results the statutes seeks to achieve.
Comments of Legislative Standing Committees:
No comments were received.
Ch. Ins 17 - Annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2000.
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.
Chs. NR 216, 300, 405, 406, 408 & 411 - Fee refund or “permit guarantee" program required by s. 209.05, Stats.
Summary of Final Regulatory Flexibility Analysis:
The Department does not believe the proposed rule revisions will have a significant economic impact on small businesses. The proposed processing timelines, and the potential refund of fees, would have a beneficial impact on those small businesses that apply for permits under these provisions.
Summary of comments by Legislative Review Committees:
The rules were reviewed by the Assembly committee on Environmental and the Senate committee on Agriculture, Environmental Resources and Campaign Finance Reform. There were no comments.
S. Tax 2.32 - Recycling surcharge.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule order does not have a significant economic impact an a substantial number of small businesses.
Summary of Comments:
No comments were reported.
8.
Technical College System Board
(CR 00-44)
Ch. TCS 16 - Grants for students.
Summary of Final Regulatory Flexibility Analysis:
The 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.
Chs. Trans 101-104 & 117 - Demerit point system and graduated driver license restriction extensions.
