2. Each physician shall submit his or her monthly data to the department within 30 calendar days following the close of the reporting period. The department shall provide instructions on submission in a data submission manual.
3. The department may grant an extension of the deadline specified under subd. 2. only when the physician or physician's qualified vendor adequately justifies to the department the physician's or physician's qualified vendor's need for additional time. In this subdivision, “adequate justification" means a delay due to a strike, fire, natural disaster or catastrophic computer failuresystem malfunction. A physician or physician's qualified vendor desiring an extension shall submit a request for an extension in writing to the department at least 10 calendar days prior to the date that the data are due. The department may grant an extension for up to 30 calendar days.
4. a. To ensure confidentiality of the data is maintained, physicians using qualified vendors to submit data shall provide to the department an originalevidence of a signed trading partner agreement that has been signed and notarized bybetween the qualified vendor and the physician in a format specified within the data submission manual.
b. A Physiciansphysician or his or her delegated representative shall be accountable for their
his or her qualified vendor's failure to submit and edit data in the format required by the department.
5. A health care provider that is not a hospital or ambulatory surgery center shall, before submitting information required by the department under this chapter, convert any names of an insured's payer or other insured's payer to a payer category code as specified by the department in it'sits data submission manual.
6. A health care provider or qualified vendor may not submit information that uses any of the following as a patient account number:
(c) 2. If the physician submitsThe department may not retain or release any of the following data elements, the department shall immediately return the information to the physician, or, if the department subsequently discovers the data, the department shall permanently destroy, delete or make non-identifiable the data from its database if the department receives the elements:
SECTION 41. HFS 120.14 (1) (c) 3. is renumbered 120.14(1) (c) 4m. and amended to read:
HFS 120.14 (1) (c) 4m. If the data submitted by a physician or qualified vendor passes the department's editing processes, the department shall send a data profile to the physician or their qualified vendor indicating what has been sent and an affirmation statement. The physician or their qualified vendor shall review the profile and verify the accuracy of the profile's data.
SECTION 42. HFS 120.14 (1) (c) 4. b. is amended to read:
HFS 120.14 (1) (c) 4. b. The physician or the physician's qualified vendor shall correct all data errors
resulting from checks performed under this paragraphidentified by the department as requiring correction via either the department's, physician's or qualified vendor's data editing system and complete resubmissions of the corrected
shall return corrected data to the department within 15 calendar days after the physician's or the physician's qualified vendor's receipt ofreceived the data summary.
SECTION 43. HFS 120.14 (1) (c) 4. c. is repealed.
SECTION 44. HFS 120.14 (1) (c) 5. (intro) and b., 9., (e) 1. and 4. and (3) (b) 2. are amended to read:
HFS 120.14 (1) (c) 5. The physician or his or her delegated representative shall review the final data profile for accuracy and completeness and shall supply the department within 30 calendar days from the day the data is due to the bureau of health information office with the following:
b. A signed affirmation statement. Physicians A physician or the physician's delegated representative submitting affirmation statements to the department electronically shall use a digital signature approved by the department and returned by the physician or the physician's delegated representative during the timeframes for data submission specified by the department. A physician's or the physician's delegated representative's signature on the electronic data affirmation statement represents the physician's or the physician's delegated representative's acknowledgment that the data is accurate and the data submitter may no longer submit revised data.
9. The department may grant an extension for up to 15 calendar days beyond the 15 calendar days specified in subd. 4. b. if the physician or the physician's qualified vendor adequately justifies to the department the physician's need for additional time. In this subdivision, “adequate justification" means a delay due to a strike, fire, natural disaster or catastrophic computer failuresystem malfunction.
(e) 1. Physicians practicing anytime during calendar year 1998 and submitting claims data to the department electronically to any payer shall continue to submit their practice data to the department electronically.
4. The department shall report all exceptions granted by the department under subd. 3. to the board of health care information.
(3) (b) 2. The department may grant an extension of a deadline specified in subd. 1. for submission of information only when the physician adequately justifies to the department the physician's need for additional time. In this subdivision, “adequate justification'' means a delay due to a labor strike, fire, natural disaster or catastrophic computer failuresystem malfunction. A physician or physician's qualified vendor desiring an extension shall submit a request for an extension in writing to the department at least 10 calendar days prior to the date that the data are due. The department may grant an extension for up to 30 calendar days. Physicians who have been granted an extension by the department shall submit their data directly to the department.
SECTION 45. HFS 120.15 (3) (b) is amended to read:
HFS 120.15 (3) (b) The department may grant an extension of a deadline specified in par. (a) for submission of health care provider information only when the health care provider adequately justifies to the department the health care provider's need for additional time. In this paragraph, “adequate justification" means a delay due to a labor strike, fire, natural disaster or catastrophic computer
failuresystem malfunction. A health care provider desiring an extension shall submit a request for an extension in writing to the department at least 10 calendar days prior to the date that the data are due. The department may grant an extension for up to 30 calendar days. Health care providers who have been granted an extension by the department shall submit their data directly to the department.
SECTION 46. HFS 120.20 (3) (b) is amended to read:
HFS 120.20 (3) (b) Data collected under ss. HFS
120.12120.11 to 120.16 shall not be subject to inspection, copying or receipt as specified in the open record provisions under s.
19.35 (1), Stats.
SECTION 47. HFS 120.21 (1) (a) is amended to read:
HFS 120.21 (1) (a) The annual hospital fiscal year survey.
SECTION 48. HFS 120.22 (1) (a) 1. is amended to read:
HFS 120.22 (1) (a) 1. The annual hospital fiscal year survey.
SECTION 49. HFS 124.05 (3) (h) is amended to read:
HFS 124.05 (3) (h) Cancer reporting. Every hospital shall report to the department all malignant neoplasms that are diagnosed by the hospital diagnoses and all malignant neoplasms diagnosed elsewhere if the individual is subsequently admitted to the hospital. The hospital shall report of each malignant neoplasm shall be made on a form prescribed or approved by the department prescribes or approves and shall be submittedsubmit the report to the department within 6 months after the diagnosis is made or within 6 months after the individual's first admission to the hospital if the neoplasm is diagnosed elsewhere, as appropriate. In this paragraph,“ malignant neoplasm" means an in situ or invasive tumor of the human body, but does not include a squamous cell carcinoma or basal cell carcinoma arising in the skin or an in situ carcinoma of the cervix uteri.
SECTION 50. HFS 124.12 (5) (b) 11. is amended to read:
HFS 124.12 (5) (b) 11. A statement specifying categories of personnel duly authorized to accept and implement medical staff orders. All orders shall be recorded and authenticated. All verbal and telephone orders shall be authenticated by the prescribing member of the medical staff in writing within 2472 hours of receipt.
SECTION 51. HFS 132.42 (3) (a) is amended to read:
HFS 132.42 (3) PHYSICAL HEALTH CERTIFICATIONS. (a) New employees. Every employee shall be certified in writing by a physician or physician extender as having been screened for tuberculosis infection and being free from clinically apparent communicable disease within 90 days before beginning workprior to employment for evidence of infection.
SECTION 52. HFS 132.42 (4) is repealed and recreated to read:
HFS 132.42 (4) DISEASE SURVEILLANCE AND CONTROL. When an employee or prospective employee has a contagious infection, he or she may not perform employment duties in the nursing home until the nursing home makes safe accommodations to prevent the infection's spread.
Note: The Americans with Disabilities Act and Rehabilitation Act of 1973 prohibits the termination or non-hiring of an employee based solely on an employee having an infectious disease, illness or condition.
SECTION 53. HFS 132.44 (1) (b) is repealed.
SECTION 54. HFS 132.51 (2) (b) 1. is repealed and recreated to read:
HFS 132.51 (2) (b) 1. 'Communicable disease management.' The nursing home shall have the ability to manage persons with communicable disease the nursing home admits or retains.
SECTION 55. HFS 132.52 (2) (c) is amended to read:
HFS 132.52 (2) (c) Receipt of certification in writing from a physician or physician extender that the person is free of airborne or other communicable tuberculosisdisease and clinically apparent communicable disease, or an order for procedures to treat and limit the spread of any
communicable disease the person may be found to have.
SECTION 56. HFS 132.66 (1) (d) is repealed.
SECTION 57. HFS 133.03 (8) (b) is amended to read:
HFS 133.03 (8) (b) If a home health agency wants to contest a department action specified in par. (a), it shall file a written request for a hearing under s.
227.44, Stats., with the department of administration's division of hearing
s and appeals within 10 days of receipt of notice of the contested action.
SECTION 58. HFS 134 (title) is amended to read:
HFS 134 Facilities for the Developmentally DisabledServing People with Developmental Disabilities
SECTION 59. HFS 134.11 is amended to read:
HFS 134.11 Authority and purpose. This chapter is promulgated under the authority of s.
50.02 (2) and
(3), Stats., to provide conditions of licensure for facilities that primarily serve
developmentally disabled personspeople with developmental disabilities who require active treatment. This chapter is intended to protect and promote the health, safety and well–being of residents of these facilities.
SECTION 60. HFS 134.12 (1) is amended to read:
HFS 134.12 Scope. (1) APPLICABILITY.
All facilities that provide care primarily for developmentally disabled persons who require active treatment, including facilities owned and operated by the state, a county, a municipality or another public body, are subject to this chapter. A facility that is regulated as a community-based residential facility defined in s.
50.01 (1), Stats., or a nursing home, defined in s.
50.01 (3), Stats., on July 1, 1988 is subject to this chapter rather than to ch.
HFS 83 or
132 if it is a facility
for the developmentally disabledserving people with developmental disabilities.
SECTION 61. HFS 134.13 (7) and (note), (10) (a), (12), (13), (17) and (39) (intro) are amended to read:
HFS 134.13 (7) “Center for the developmentally disabled" means a department-operated residential institution for the care of developmentally disabled personspeople with developmental disabilities.
Note: There are 3 state centers for developmentally disabled personspeople with developmental disabilities in Wisconsin: Central Center, Northern Center and Southern Center.
(10) (a) Eligible for registration as a dietitian by the commission on dietetic registration of the American dietetic association under its requirements in effect on January 17, 1982
and certified with the state of Wisconsin under s. 448.78, Stats.; or
(12) “Facility" means a facility for the developmentally disabledserving people with developmental disabilities.
(13) “FDD" or “facility for the developmentally disabledserving people with developmental disabilities" means a residential facility with a capacity of 3 or more residents in which nursing care is provided to any resident and which primarily serves residents who are developmentally disabledhave developmental disabilites and who require and receive active treatment.
(17) “Interdisciplinary team" means the persons employed by a facility or under contract to a facility who are responsible for planning the program and delivering the services relevant to a resident's care needswho possess the knowledge, skills and expertise necessary to accurately identify the comprehensive array of the client's needs and design a program that is responsive to those needs.
(39) (intro) “QMRP" or “qualified mental retardation professional" means a person who has specialized training in mental retardation or at least one year of experience in treating or working with mentally retarded personspeople with mental retardation or other developmental disabilities, and is one of the following:
SECTION 62. HFS 134.14 (1), (2) (a) (intro) and (5m) are amended to read:
HFS 134.14 Licensure. (1) APPLICATION. Application for a license to operate a facility for the developmentally disabledserving people with developmental disabilities shall be made on a form provided by the department.
(2) (a) A new facility for the developmentally disabled may not have more than 16 residents, except that:
(5m) ANNUAL REPORT. Every 12 months, on a schedule determined by the department, a facility
for the developmentally disabled licensee shall submit a report to the department in the form and containing the information that the department requires, including payment of the fee required under s.
50.135 (2) (a), Stats. If a complete report is not timely filed, the department shall issue a warning to the licensee. If the licensee of a facility
for the developmentally disabled who has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the license.
SECTION 63. HFS 134.815 (1) and (2) (a) are amended to read:
HFS 134.815 Fees for plan reviews. (1) REQUIREMENT. Before the start of any construction or remodeling project for a facility
for the developmentally disabled, the plans for the construction or remodeling shall be submitted to the department, pursuant to s.
HFS 134.84 (1), for review and approval by the department. The fees established in this section shall be paid to the department for providing plan review services.
(2) FEE SCHEDULE. (a)
General. The department shall charge a fee for the review under s.
HFS 134.812 of plans for a facility
for the developmentally disabled capital construction or remodeling project. The fee shall be based in part on the dollar value of the project, according to the schedule under par. (b), and in part on the total gross floor area in the plans, in accordance with par. (c). The total fee for plan review is determined under par. (d). Fees for review of partial plans, for revision of plans, for extensions of plan approval, and for handling and copying, and provisions for the collection and refund of fees are found in par. (e).
SECTION 64. Table HFS 134.82 (title) is amended to read:
Table HFS 134.82 LIFE SAFETY CODE REQUIREMENTS FOR FACILITIES FOR THE DEVELOPMENTALLY DISABLEDSERVING PEOPLE WITH DEVELOPMENTAL DISABILITIES
SECTION 65. HFS 144.03 (2) (b), (c) and (e) and footnotes 1. and 4. to Table 144.03-A are amended to read:
HFS 144.03 (2) (b) Immunization against measles, mumps and rubella shall have been received on or after the date of the first birthday. A dose received 4 days or less before the first birthday is acceptable.
(c) Exceptions may be made in requirements for the fourth dose of DTP/DT/DTaP/Td vaccine and the fourth dose of polio vaccine. Students who receive the third dose of either of these vaccines after their fourth birthday are not required to receive a fourth dose of that vaccine. A dose received 4 days or less before the 4th birthday is acceptable.
(e) Exceptions may be made in requirements for Hib vaccine. Students who began the Hib series at 12 to 14 months are only required to receive 2 doses at least 2 months apart. Students who received one dose of Hib at 15 months of age or after are not required to obtain additional doses. A dose received 4 days or less before 15 months of age is acceptable.
Table 144.03-A Footnote 1. For kindergarten only, at least one dose to be received after 4 years of age unless medically contraindicated. A dose received 4 days or less before the fourth birthday is acceptable.
4. At least one dose to be received after 12 months of age unless medically contraindicated. A dose received 4 days or less before the first birthday is acceptable.
SECTION 66. HFS 145.05 (2), (3) and (4) (note) are amended to read:
HFS 145.05 (2) Local health officers shall follow the methods of control set out in section 9 under each communicable disease listed in the 16th
17th edition (1995)(2000) of Control of Communicable Diseases Manual, edited by Abram S. BenensonJames Chin, published by the American Public Health Association, unless specified otherwise by the state epidemiologist. Specific medical treatment shall be prescribed by a physician or an advanced practice nurse prescriber.
(3) Any person licensed under ch.
441 or
448, Stats., attending a person with a communicable disease shall instruct the person in the applicable methods of control contained in
Control of Communicable Diseases Manual,
16th17th edition
(1995)(2000), edited by
Abram S. BenensonJames Chin, published by the American Public Health Association, unless specified otherwise by the state epidemiologist, and shall cooperate with the local health officer and the department in their investigation and control procedures.
(4) Note: The handbook, Control of Communicable Diseases Manual, 16th17th edition (1995)(2000), edited by Abram S. BenensonJames Chin, is on file in the Department's Division of Public Health, the Revisor of Statutes Bureau and the Secretary of State's Office, and is available for purchase from the American Public Health Association, 1015 Fifteenth St., NW, Washington, DC 20005.
SECTION 67. HFS 155 is repealed.
SECTION 68. TCB 1.04 (1) (d) 1. b. is amended to read:
TCB 1.04 (1) (b) 1. b. Create more adverse attitudes toward smoking among 15 percent of the target population within 6 months of initiating the campaign messagea 10 percent change in attitudes, beliefs and knowledge of identified tobacco-related issues. Issues may include secondhand smoke, the dangers of tobacco, tobacco addiction cessation and the roles of the tobacco industry.
SECTION 69. TCB 1.07 (1) (a) is amended to read:
TCB 1.07 (1) (a) Purchasing tobacco use cessation medications without written permission from the grant manager.
Fiscal Estimate
The Department's proposed changes will not have a fiscal effect.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as defined in s.
227.114 (1) (a), Stats.
Notice of Hearings
Notice is hereby given that, pursuant to ss.
254.47 (4) and
254.68, Stats., the Department of Health and Family Services will hold public hearings to consider the proposal to repeal HFS 196 Appendix chapter 12, subpart, 12-202.11 (C); to amend HFS 196 Appendix chapter 12, subpart 12-101.12 (A), (C), and (D), 12-201.11 (A) to (D), 12-202.11 (B) and (Note), 12-202.12, 12-401.11 (A) and (Note); to repeal and recreate HFS 196 Appendix chapter 12, subparts12-201.12 and 12-201.13, 12-301.11 and (Note), 12-401.11 (B) and (C), and 12-402.11 and (Note); to create HFS 196 Appendix chapter 12, subpart 12-302.11, relating to certification of food managers.
