Statutory authority
Section
48.67 Wis. Stats.
Staff time required
About 120 hours of staff time to research, write and review the proposed changes to the licensing rules.
Health and Family Services
Subject
The repeal and recreation of ch.
HFS 57 relating to Group Foster Homes for Children.
Policy analysis
In Wisconsin, 121 group foster homes provide residence, care and services to children, adolescents and some young adults to age 19, if full-time in school and completing their high school education. The children, youth and young adults residing in group foster homes are under juvenile court jurisdiction and have one or more of the following conditions: emotional or behavioral disorders; drug, alcohol or other substance abuse problems; difficulty acquiring life skills; or a developmental disability.
Placements into group foster homes occur from youth correctional facilities and institutions, county human service or social service agencies and via the interstate compact for placement of children under s.
48.988 and s.
48.989, Stats.; or are made by courts or parents.
The Department is responsible under ss.
48.625,
48.66 and
48.67, Stats., for the licensure and supervision of group foster homes for children on the basis of requirements for issuance of a license and standards for operation of a group foster home. These requirements are set forth in ch.
HFS 57, Wis. Adm. Code.
HFS 57 has not undergone any significant revision since its original promulgation in 1976. The proposed rules seek to update ch. HFS 57 to bring it into compliance with current drafting standards, statutes and other rules and will add new provisions which support the intent of s. 48.67, Stats., to protect the health, safety and welfare of children.
While the current group foster home rule addresses areas related to personnel, care of children, physical plant and environment, the service needs of children and youth have changed considerably since the original promulgation of the group foster home standards in 1976. The complex treatment-related needs and level of services required by children and youth currently being placed in group foster homes necessitates a revision of licensing standards.
The new rule proposal will include requirements related to:
•
Minimum staffing levels and staff qualifications;
•
The roles and responsibilities of sponsoring agencies;
•
Caregiver background checks in accordance with s.
48.685, Stats.;
•
Child abuse and neglect reporting responsibilities in accordance with s.
48.981 (2), Stats.;
•
Admission criteria, individual service plan components and documentation and review standards;
•
Behavior management policies that specify appropriate and specific methods of behavior management, including the use of appropriate crisis intervention techniques;
•
Physical plant, safety and health of children and youth in care;
•
The provision of healthcheck services not provided by a private insurer and obtaining written consents for medical and emergency medical care;
•
Policies and procedures for discharge of residents that provide for preparation, aftercare and recommendations for post-discharge services;
•
Special provisions for group foster homes providing respite care services;
•
Special provisions for group foster homes licensed to care for custodial parents and expectant mothers (“Second Chance Homes");
•
Special provisions for group foster homes licensed to care for children under the age of six years;
•
Reporting serious incidents (including but limited to: death, serious illness or injury to a child; reportable abuse or neglect; serious incidents requiring law enforcement services; suicide attempts; outbreaks of communicable disease; significant physical plant damage) to the Department;
•
Patient rights under s.
51.61, Stats., and ch.
HFS 94, Wis. Adm. Code; which allow specific children's rights, protections and grievance procedures;
•
Provisions allowing for inspections, complaint investigations and enforcement actions by the Department.
Statutory authority
The Wisconsin Department of Health and Family Services is given authority to revise these rules in ss.
48.67 and in 227.11
(2) (a), Stats.
Staff time required
The Department anticipates taking about 18 months to develop and promulgate the ch.
HFS 57 rules. The Department estimates that approximately 2,500 hours of Department staff time will be necessary. Principal staffing will be provided by the Department's Division of Children and Family Services' (DCFS) Bureau of Regulation and Licensing (BRL) including the Bureau Director, the Child Welfare Program Specialist, the licensing supervisors and the licensing staff, with input from representatives from the Department's Office of Legal Counsel and other divisions.
The Department will form an advisory group with representation from the Department, group foster care providers and professional organizations. In addition, as the Department develops sections of the rules, the sections will be shared with representative groups of providers for review and comment and with regional and statewide forums and groups representing numerous stakeholders. These opportunities for public input would proceed and would be in addition to ch.
227 Stats., formal public hearings.
Health and Family Services
Subject
The Department proposes to repeal and recreate ch.
HFS 124, relating to standards for the construction, maintenance and operation of hospitals. The revisions will update the chapter to recognize changes in hospital service delivery and technology, reflect current federal requirements and reflect recent changes to ch.
50, Stats.
Policy analysis
Existing Department policies in ch.
HFS 124 need to be updated in a variety of areas to reflect current standards of hospital care and practice, federal regulations, recent changes to ch.
50, Stats., ch.
HFS 12, relating to caregiver background checks, forthcoming revisions to chs.
DOC 50,
51 and
52, and previously issued memos and waivers from the Department's Bureau of Quality Assurance. Through this rulemaking initiative, the Department anticipates proposing a wide variety of changes, including the following:
1. Updating definitions to reflect current use of terminology.
2. Clarifying the department's approval process and enforcement authority.
3. Updating requirements regarding discharge planning, patient rights, use of volunteers, post mortem examinations, tagging of bodies, cancer reporting, tuberculosis testing and control, medical records, pharmaceutical and clinical services, fire protection and critical access hospitals.
4. Requiring hospitals to develop and implement a Patient Safety Program.
5. Updating the construction plan review fee table to reflect current practice.
Statutory authority
Statutory authority to promulgate these rules is derived from s.
50.36 (1) and
(2) (b), Stats.
Staff time required
The Department estimates that it will take approximately 2 years and 1,280 hours of staff time to complete a draft of the rule. The extended timeframe will permit Bureau of Quality Assurance staff to develop and work with an advisory body of key external interested parties to discuss the existing ch. HFS 124 and assist with formulating the proposed new chapter of rules.
Insurance
Subject
Regarding s.
Ins 3.39 (34), Wis. Adm. Code, relating to Medicare Supplement Insurance Requirements.
Policy analysis
Objective of the rule. To implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act which was amended to comply with the Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act (BIPA). The amendments clarify guarantee issue rights. In addition, the Office will be reviewing pertinent sections of
Ins. 3.39 and potentially modifying s. Ins. 3.39, Wis. Adm. Code, as they relate to time periods for underwriting and alternative benefits within products.
The majority of s.
Ins 3.39, Wis. Adm. Code has been drafted in compliance with the NAIC Model Acts. As the federal requirements frequently change, so too must the Model Act and s.
Ins 3.39. The amendment contained within the Model Act will bring Wisconsin in compliance with current federal regulation. There are no alternatives than to comply with the federal regulation.
Statutory authority
Staff time required
A small working committee of existing staff will be needed for the modifications. The modifications will take an estimated 200 hours for rule development.
Natural Resources
Subject
Creation of ch.
NR 169 regarding a dry cleaner environmental response fund program.
Policy analysis
2001 Wis. Act 16 included significant statutory language changes that will affect the implementation of the Dry Cleaner Environmental Response Fund Program. This is a funding program for responding to, investigating and remediating contamination caused by the discharge of dry cleaning chemicals. Chapter
NR 169, the rule for implementing this program, has been in place since February, 2000. Those rules were developed with a Dry Cleaning Rulemaking Advisory Group, comprised of several members of the Governor's Council, as well as other interested parties.
These rule revisions will focus on the statutory changes, prioritization of sites, as well as improvements to the contracting portion of the program. Where possible, streamlining and simplification will be incorporated into the rule.
Statutory authority
Staff time required
The Department will need approximately 500 hours.
Natural Resources
Subject
Revision of ch.
NR 150, Environmental Analysis and Review Procedures for Department Actions.
Policy analysis
Chapter
NR 150, the Department's rule guiding implementation of the Wisconsin Environmental Policy Act (WEPA) was last comprehensively updated in 1987. Significant changes have taken place since then with respect to the Department's statutory authorities and the extent to which the Department has incorporated the elements of the environmental analysis (WEPA) process into its various resource planning, management and permit review procedures. In addition, the Department has many more years of experience to help shape its understanding of the potential environmental effects and level of public interest attendant to its resource management and regulatory activities. These changes necessitate revisions to ch.
NR 150. A primary goal of the revision process will be to further streamline the Department's procedures to eliminating duplicative and unproductive work and increasing the Department's focus on cumulative and ecosystem level environmental effects.
Statutory authority
Staff time required
The Department will need approximately 250 hours.
Natural Resources
Subject
Ch.
NR 173 regarding establishment of the brownfields green space grant program.
Policy analysis
This rule describes the requirements for a new brownfields green space grant program. The 2001-2003 biennial budget authorized the Department to award $1 million in grants that will be given to local governments to remediate sites that will have a long-term public benefit, including the preservation of green space, the development of recreational areas or the use of a property by the local government. This rule will include details about the eligibility requirements, scoring criteria, application procedures, and other administrative requirements necessary to administer this grant program.
Statutory authority
Staff time required
The Department will need approximately 750 hours.
Public Instruction
Subject
Milwaukee Parental Choice Program (MPCP).
Policy analysis
