Scope statements
Elections Board
Subject
Amend s. ElBd 6.05 regarding the method or manner in which campaign finance reports must be filed in electronic format.
Policy Analysis
Because of the non-availability of electronic filing through the methods provided in the Elections Board's current rule, ch. ElBd 6. the Board seeks to amend its rule to accommodate an alternative electronic filing system, the rule may need to be amended again.
Statutory authority
Staff time required
10 hours.
Health and Family Services
Subject
The Department proposes to amend ch.
HFS 132, relating to the licensure and regulation of nursing homes. The revisions will update the chapter to reflect and incorporate waivers and variances the Department has previously issued to nursing homes. The Department also proposes to eliminate rule provisions that are obsolete due to changes in nursing home standards of practice and state statutes applicable to nursing homes.
Policy Analysis
The Department proposes to revise ch.
HFS 132 to reflect current practice standards, federal regulations, changes to ch.
50, Stats., and previous memos and waivers issued by the Department's Bureau of Quality Assurance. Changes the Department will be proposing relate to the following:
1. Requirements for employees and residents regarding communicable disease issues:
The Department plans to amend provisions relating to communicable disease issues and health certification in ss.
HFS 132.42 (3) (a) and
(4),
132.51 (2) (b) and
132.52 (2) (c). The Department previously has granted waivers of these provisions because they conflict with federal law and do not reflect current nursing home standards of practice.
2. Training requirements in employee development:
The training provisions in s.
HFS 132.44 (1) (b) have been superseded by nurse aide training requirements under both federal regulations (
42 CFR 483.75 (g)) and state law (s.
146.40, Stats.). The rules will be revised to reflect current regulatory and state law provisions.
3. Requirements for medical record staff services:
State personnel requirements for medical records staff are more prescriptive than the corresponding federal requirements. Consequently, the Department previously waived the requirement in s.
HFS 132.45 (3) (b) for a full time records staff employee. The Department also plans to revise the record requirements related to resident assessment documentation because some of those requirements are encompassed in s.
HFS 132.60 (8), under resident care planning.
4. Hospice patients residing in nursing homes:
The Department proposes to update the rules to reflect waivers the Department previously issued relating to hospice patients who elect to receive hospice services while residing in a nursing home.
5. Requirements in the areas relating to “services" including resident care, admission procedures, resident assessment and care planning, medical services, nursing services, dietary services, pharmacy services, dental services and activities:
The Department has waived some of the existing rules because they are more restrictive than applicable federal regulations. The Department proposes to revise the rules to reflect nursing homes' use of the resident assessment instrument as specified in federal regulations. Recent changes to ch.
50, Stats., in several areas, such as nurse staffing, also require changes to the rule provisions.
6. Previously issued waivers relating to the transmittal of medical orders:
The Department previously issued a waiver to nursing homes to allow the transmission of physician or dentist orders through an unlicensed person employed by the physician or dentist or employed at the physician's or dentist's clinic. The Department plans to amend s.
HFS 132.66 (1) (d) to reflect this previously issued waiver allowing physician assistants and nurse practitioners to give orders for skilled care residents for blood, lab, and radiology services. The change will maintain consistency between state and federal requirements.
7. Life safety, design and construction:
The Department proposes to amend s.
HFS 132.812 (1) to reflect changes to the state building code promulgated by the Department of Commerce. Specifically, chs.
Comm 50 to
64 and
69 have changed to chs.
Comm 61 through
65. In addition, the federal Centers for Medicare and Medicaid Services (CMS) formally adopted by reference the 1985 edition of the Life Safety Code. However, the 1985 edition is not reflected in existing s.
HFS 132.82. The Department proposes to amend the rules to reference the 1985 edition of the Life Safety Code.
The provisions in s.
HFS 132.84 regarding staff work stations and communication systems need to be updated to allow nursing facilities to incorporate modern design, new program concepts and current technology in the facility environment. Specifically, the Department is proposing to amend the provisions in s.
HFS 134.84 (3) (c) and
(d) that require the nurse station to be centrally located. The Department also proposes to modify the prescriptive requirements for a hard-wired nurse call system in s.
HFS 134.84 (4). Amending this provision will allow for alternative resident and staff communications systems that are listed and approved by a nationally recognized testing laboratory.
Statutory authority
The Department's authority to promulgate these rule changes is found in s.
50.02 (2) (a), Stats.
Staff time required
The Department estimates it will take approximately six months and 240 hours of staff time to draft the proposed revisions to ch.
HFS 132. During this period, Bureau of Quality Assurance staff will develop and review the proposed changes with a variety of internal and external parties.
Public Service Commission
Subject
Administrative rules relating to the construction and placing into operation of facilities by natural gas utilities. These provisions are in ch.
PSC 133, Wis. Adm. Code.
Policy Analysis
The Commission will consider revisions designed to update rules governing the construction and placing into operation of facilities by natural gas utilities. The current rules chapter sets out when a certificate of authority is required before a natural gas utility may construct facilities, what information is required in an application for a certificate and the procedure for processing an application. The current rules also require a certificate of authority when a natural gas utility seeks to extend service into a new municipality.
The current chapter has not been the subject of a complete review since 1959. Revising the conditions under which a certificate of authority is required will update project code dollar thresholds that trigger the requirement and modernize other conditions that may trigger the requirement.
Statutory authority
Staff time required
The Commission estimates that fewer than 200 hours of staff time will be required to develop the rules. No additional resources are likely to be needed in order to complete this project.
Transportation
Subject
Objective of the rule. The Division of Motor Vehicles accommodates persons who have a disability that limits or impairs the ability to walk. Disabled persons may receive a portable disabled parking identification placard, which allows parking in a specially reserved parking space. Disabled persons pay a fee of $6 per placard, which is good for 4 years. A number of class action lawsuits have been filed against states (including Wisconsin) that charge a fee for disabled parking identification placards. These lawsuits allege that the practice of charging a fee for disabled parking identification placards violates the Americans with Disabilities Act (ADA). A settlement ended the Wisconsin lawsuit. Judge Nichol signed an order dismissing the case. Jason, et al. v. Wisconsin DOT, Case No. 97-CV-3137, Dane County Circuit Court, April 15, 2002. The Department proposes to discontinue charging the placard fee on July 1, 2003, by amending ch.
Trans 130.
Policy Analysis
Currently, DMV charges $6 for a disabled parking placard, which is good for 4 years, as authorized by s.
343.51 (1), Stats., and s.
Trans 130.04 (1), Wis. Adm. Code. Pursuant to a court order and stipulation, DMV will discontinue charging a fee for permanent placards effective July 1, 2003.
Statutory authority
Staff time required
50 hours.
Transportation
Subject
Objective of the rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding 5 highway segments to the network and removing 1 segment. The actual segments being proposed to add to the network are:
STH 121 from USH 53 in Pigeon Falls to STH 95
