Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The rules will impact small businesses that are or will be conducting remediations of petroleum product contaminations, if reimbursement from the PECFA fund is intended.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules will require submittal of standardized forms for (1) classifying PECFA occurrences that have been reported to the Department of Natural Resources but have not been closed, as of the effective date of the rule; (2) requesting reimbursement for usual and customary costs; (3) periodically reporting progress for site investigations; (4) submitting bids for performing remediations or investigations; and (5) periodically reporting progress in completing work covered by bidding.
3. Types of professional skills necessary for compliance with the rules.
The rules will not require any new or additional professional skills for compliance.
Fiscal Estimate
There is no effect on state or local government.
The proposed rules and an analysis of the rules are available on the Internet at the Web site for petroleum products and PECFA at commerce.wi.gov. Paper copies may be obtained without cost from Renee Dickey at the Department of Commerce, Bureau of PECFA, P.O. Box 7837, Madison, WI 53707-7837, or at
rdickey@commerce.state.wi.us, or at telephone (608) 264-8765 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Notice of Hearing
Health and Family Services
(Management, Technology, etc., Chs.
HFS 1—)
(Community Services, Chs.
HFS 30—)
(Health, Chs.
HFS 110—)
NOTICE IS HEREBY GIVEN that pursuant to sections
46.286 (4) to
(7),
46.287 (2) (a) 1. (intro.),
46.288,
48.67,
49.797 (7),
50.02 (2) and
(3),
50.36 (1) and
(2),
50.95,
51.61 (5) and
(9),
146.40 (4g) and
(4r),
157.01,
227.11 (2),
250.04 (7), and
254.13, Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed order to revise several HFS codes, relating to family care; reporting and investigation of caregiver misconduct; residential care centers for children and youth; child-placing agencies; day camps for children and day care programs established by school boards; group foster care; shelter care for children; community-based residential care facilities; patient rights and resolution of grievances; hospitals; hospices; embalming standards; reporting blood test results; and electronic benefits transfer.
Hearing Information
Date and Time
|
Location
|
July 12, 2004
Monday
10:00 a.m. to 1:00 p.m.
|
Dept. of Health and Family
Services
Wilson Street State Office
Building
1 W. Wilson St., Rm. B272
Madison, WI
|
The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that 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 given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments may be submitted at the public hearing, or in lieu of attending a public hearing written comments can be submitted by regular mail or email to the contact person listed below. Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet website at the web address listed below. The deadline for submitting comments is 4:30 p.m., on July 20, 2004.
Analysis Prepared by the Department of Health and Family Services
The proposed rulemaking order contains a variety of minor and technical changes relating to chs.
HFS 10
, family care; HFS 13, reporting and investigation of caregiver misconduct; HFS 52, residential care centers for children and youth, HFS 54, child-placing agencies; HFS 55, day camps for children and day care programs established by school boards; HFS 57 group foster care; HFS 59, shelter care for children; HFS 83, community-based residential care facilities; HFS 94, patient rights and resolution of grievances; HFS 124, hospitals; HFS 131, hospices; HFS 136, embalming standards; HFS 181, reporting blood test results; and HFS 252, electronic benefits transfer.
In order to keep the Department's body of the administrative code updated, the Department proposes to make a variety of minor and technical changes to a number of its administrative rules. The Department is issuing these changes in a single order to conserve limited agency resources.
Summary of Proposed Changes
HFS 10, Family Care - The Department proposes to revise HFS 10 to create a definition of “action" and “appeal" in reference to acts taken by an aging and disability resource center or county economic support unit; to create a definition of “frail elder"; to revise the definition of “requires ongoing care, assistance or supervision"; to simplify the description of a “family care target group"; to correct the usage of the term “screen" versus “screening" relating to eligibility; to change the reference concerning the council on long-term care; to replace the word “complaints" with the word “appeals" and to make miscellaneous word changes; to update notes and internal cross-references; to expand the circumstances for notification of due process and hearing rights; to clarify when a fair hearing may be had; and to include an additional provision on client rights.
HFS 13, Reporting and investigation of caregiver misconduct - The Department proposes to revise HFS 13 to change the definition of “non-client resident" to have the meaning specified in s.
50.065 (1) (cn), Stats.; to remove the requirement that the Department send notices of decisions on caregiver misconduct by certified mail; and to adjust the time within which the subject of a substantiation decision of caregiver misconduct can request a hearing.
HFS 52, Residential care centers for children and youth - The Department proposes to revise HFS 52 to create or update notes to include the Department's website address and or list of field office addresses; to remove citations to individual sections of the Wisconsin Commercial Building Code; and to remove the time interval within which building inspections are required.
HFS 54, Child-placing agencies - The Department proposes to revise HFS 54 to create or update notes to include the Department's website address and or list of field office addresses; to include a requirement that agencies comply with federal, state, and local laws and license provisions; to identify the reasons that a license may be denied, revoked, suspended or enforcement actions and license conditions may be implemented; to include a provision requiring licensees to observe the patient rights under s.
51.61, Stats.; and to include the prohibition under s.
48.60, Stats., that disallows placements of a child in an agency by the Department or Department of Corrections, if a Department review fails to show the need for additional placement resources.
HFS 55, Day camps for children and day care programs established by school boards - The Department proposes to revise HFS 55 to require staff training on sudden infant death syndrome, if the camp is licensed to care for children under 1 year of age; to remove citations to individual sections of the Wisconsin Commercial Building Code; to create a note explaining the USDA Child and Adult Care Food Program meal pattern requirements; to update Appendix A, field office locations; to create Appendix B, relating to meal patterns for children 1-12 years of age; to create a provision to ban smoking on the premises as defined in the rule; and to clarify an internal cross reference in s.
55.44 (5) (d).
HFS 57, Group foster care - The Department proposes to revise HFS 57 to create or update notes to include the Department's website address and or list of field office addresses; to include a provision requiring licensees to observe the patient rights under s.
51.61, Stats; and to include a requirement that licensees comply with federal, state, and local laws and license provisions.
HFS 59, Shelter care for children - The Department proposes to revise HFS 59 to include a requirement that licensees comply with federal, state, and local laws and license provisions; to remove citations to individual sections of the Wisconsin Commercial Building Code; to include a provision requiring licensees to observe the patient rights under s.
51.61, Stats.; to identify the reasons that a license may be denied, revoked, suspended, an enforcement action taken, or when license conditions may implemented.
HFS 83, Community-based residential care facilities - The Department proposes to revise HFS 83 to remove the requirement that controlled substances be destroyed by using U.S. drug enforcement agency (DEA) procedures and the related note.
HFS 94, Patient rights and resolution of grievances - The Department proposes to revise HFS 94 to create or update notes to include the Department's website address and or list of field office addresses.
HFS 124, Hospital - The Department proposes to revise HFS 124 to clarify provisions on infection control; to create a definition for “automated dispensing system; to revise the definition of “dietician"; to update references to the life safety code; and to update the provisions for critical access hospital bed complement.
HFS 131, Hospices - The Department proposes to revise HFS 131 to update references to the life safety code.
HFS 136, Embalming standards -The Department proposes to revise HFS 136 to include medical schools and mortuary schools locations where embalming may occur.
HFS 181, Reporting of blood test results - The Department proposes to revise HFS 181 relating to accessibility and the reporting responsibilities for blood sample test results. These changes clarify the role of the Department in communicating blood sample test results with health care providers.
HFS 252, Electronic benefit transfer - The Department proposes to revise HFS 252 to amend the definition of “coupon" and “IPV" (“intentional program violation"); to increase the time within which a recipient can contact customer service for dispute resolution; and to remove the requirement that food stamp groups moving out of Wisconsin have electronic food stamp benefits converted to paper coupons.
Initial Regulatory Flexibility Analysis
Some of the rules contained in this order affect small business; however, the proposed revisions to these rules are minor or technical and have little to no substantive effect on those regulated by these rules. Consequently, no costs to the private sector are anticipated.
Fiscal Estimate
The Department believes that the changes proposed in the associated rulemaking order will not have a fiscal effect.
Copies of Rule and Contact Person
A copy of the full text of the rules and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov. At this website you can also register to receive email notification whenever the Department posts new information about this rulemaking and, during the public comment period, you can submit comments on the rulemaking order electronically and view comments that others have submitted about the rule.
A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting the Department's representative listed below:
Notice of Hearing
Health and Family Services
(Community Services, Chs.
HFS 30—)
NOTICE IS HEREBY GIVEN that pursuant to Sections
48.67 and
227.11 (2) (a), Stats., interpreting Chs.
115 and
118 and ss.
46.036,
48.02 (1) and
(12),
48.023,
48.57,
48.619,
48.625,
48.627,
48.63,
48.64,
48.66,
48.67,
48.68,
48.685,
48.69,
48.70,
48.715,
48.74,
48.78,
48.981 (1) (d),
(2),
(3) and
(7),
48.988,
48.989,
49.857 (2),
51.30 (4),
51.61,
73.0301,
121.53 (1),
165.83 (1) (b),
227.51 (3),
252.04,
346.62,
346.63,
347.48 (1),
347.48 (2m),
448.01 (5) and
(6),
450.01 (15),
457.08,
938.02 (13),
938.34 (4h), and
948.02 (10m), Stats., the Department of Health and Family Services will hold a public hearing to consider the repeal and recreation of licensing standards relating to group foster homes for children and affecting small businesses.
Hearing Information
The public hearing will be held:
Date & Time Location
July 26, 2004 DCFS Southern Regional Office
Monday Rm 156
1:00 p.m. to 4:00 p.m 2917 International Lane
. Madison, WI
The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that 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 given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments may be submitted at the public hearing, or in lieu of attending a public hearing written comments can be submitted by regular mail or email to the contact person listed below. Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet website at the web address listed below.
Deadline for Comment Submission
The deadline for submitting comments is 4:30 p.m., on August 2, 2004.
Analysis Prepared by the Department of Health and Family Services
In Wisconsin, 120 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 ss.
48.988 and
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. Licensure requirements and standards for operating a group home are set forth in ch.
HFS 57, Wis. Adm. Code. Chapter
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 Department proposes provisions related to all of the following:
•Staffing levels and staff qualifications.
•The roles and responsibilities of sponsoring agencies.
• Caregiver background checks.
•Child abuse and neglect reporting responsibilities.
•Admission criteria, individual service plan components, and documentation and review standards.
•Behavior management policies.
•Physical plant, and safety and health of children and youth in care.
•Medical care.
•Policies and procedures for discharging residents.
• Respite care.
•Care for custodial parents and expectant mothers.
•Care for children six years of age and younger.
•Serious incident reporting.
•Patient rights under s.
51.61, Stats., and ch.
HFS 94. Inspections, complaint investigations, and enforcement actions.
Effect on Small Business (Initial Regulatory Flexibility Analysis)
The proposed rule will affect applicants for licensure and the 120 group homes currently licensed by the Department. Section
48.625, Stats., allows individuals, profit and non-profit corporations, and privately owned licensed child welfare agencies to operate a group home so long as the person or entity is licensed by the Department. A majority of the licensed group homes are operated by private entities. The remaining number of group homes is operated by licensed county agencies.
Fiscal Estimate
Licensing rules for group foster homes for children are currently in effect. The proposed revisions will not affect state operations regarding the licensure of these programs or the responsibilities of DHFS staff in licensing, investigating or monitoring of these programs.
For More Information
A copy of the full text of the rules and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov. At this website you can also register to receive email notification whenever the Department posts new information about this rulemaking and, during the public comment period, you can submit comments on the rulemaking order electronically and view comments that others have submitted about the rule.
A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting the Department's representative listed below:
Kimberly Hahn
DCFS, Bureau of Regulation and Licensing
