Analysis Prepared by the Department of Health and Family Services
Nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes are required to comply with s.
55.14, Stats., relating to involuntary administration of psychotropic medication to an individual pursuant to court ordered protective services.
Section
50.02 (2) (ad), Stats., requires the Department to promulgate rules that require these facilities to provide, to the Department, information necessary to determine the facilities' compliance with s.
55.14, Stats.
The Department proposes to revise chs.
HFS 83,
88,
89,
132, and
134 consistent with the requirements of s.
50.02 (2) (ad), Stats., by requiring facilities to report information to the Department about the facility's involuntary administration of psychotropic medication to clients. Definitions of “involuntary administration of psychotropic medication"; “protest"; and “psychotropic medication" from s.
55.14 (1) (a),
(c) and
(d) Stats., are included in each rule to assist in interpreting the rule requirement and to reduce cross-referencing to the statute.
Effect on Small Business (Initial Regulatory Flexibility Analysis)
Affected Industry Description.
The proposed rules will affect nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes. These entities are included in the North American Industry Classification System (NAICS) Health Care and Social Assistance sector, (sector 62) and further defined in sub-sector 623 Nursing and Residential Care Facilities. Industries in the Nursing and Residential Care Facilities sub-sector generally provide residential care combined with either nursing, supervisory, or other types of care as required by the residents.
Overall, the NAICS 2002 data reports nearly 2,200 facilities in Wisconsin will be affected by these rule changes. These facilities received $2.7 Billion in revenue in 2002 and employed 72,000 people, and are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships. Using several sources including published monthly rates for various health care providers, DHFS databases, and standard industry published ratios, the Department estimates that 1,180 of the 2,200 (53 percent) facilities listed in NAICS data are small businesses. The following is an analysis of each facility type:
Community-Based Residential Facilities (CBRF)
Community-based residential facilities provide care, treatment and services above the level of room and board, but not including nursing care. These services include supervision and supportive services included leisure time activities, community activities, health monitoring, medication administration, and transportation services. Community-based residential facilities represent approximately 60 percent of the NAICS establishments, 30 percent of the $2.7 Billion in annual receipts, and 33 percent of the 72,000 employees in this sub-sector.
Data obtained from the Adult Programs Information System (APIS) database on March 22, 2007 records 1,390 CBRFs as currently licensed to operate in Wisconsin. Approximately 680 (48 percent) of the facilities have 5 to 8 licensed beds and meet the definition of small business. CBRFs are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships.
Adult Family Homes (AFH)
Adult Family Homes are places where 3 or 4 adults live and receive care and treatment above the level of room and board, but not including nursing care. These services include supervision, recreational activities, assistance with activities of daily living and health monitoring.
Adult family homes represent approximately 33 percent of the NAICS establishments and approximately 6 percent of the $2.7 Billion in annual receipts in this sub-sector. Data obtained from the Adult Programs Information System (APIS) database on March 22, 2007 records 1,069 AFHs as currently licensed to operate in Wisconsin. This is an increase from 688 facilities since 2002. All adult family homes are licensed for 3 or 4 beds and meet the definition of small business. AFH entities are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships.
Residential Care Apartment Complexes (RCAC)
Residential care apartment complexes are facilities that provide independent apartments with an individual lockable entrance and exit, a kitchen, an individual bathroom, sleeping area. RCACs provide no more than 28 hours of supportive, personal and nursing services per week to their tenants.
RCACs represent approximately 147 of the NAICS establishments, employing 2,400, and $95 Million in annual receipts in this sub-sector during 2002. Data obtained from the Adult Programs Information System (APIS) database on March 22, 2007 records 205 RCACs as currently registered or licensed to operate in Wisconsin. Approximately 25 percent of the RCACs meet the definition of small businesses. RCAC entities are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships.
Nursing Homes
The Department licenses approximately 340 private and 60 government owned nursing homes. Nursing homes primarily provide medical care and nursing services to restore individuals to their rehabilitative potential. The Department estimates that 10% of the privately owned facilities meet the definition of small business.
Facilities for the Developmentally Disabled (FDD)
Facilities in this sub-sector provide residential care to people with developmental disabilities. The care provided is a mix of health and social services, with an emphasis on active treatment for habilitation. The Department currently records 22 licensed FDDs. Various governmental agencies operate 14 FDDs, four are non-profit entities, two are owned by individuals, one for-profit corporation and one limited liability corporation. Based on available Department data, 4 FDDs (18 percent) meet the definition of small business with 30 or fewer beds.
Reporting requirement
Nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes are required to comply with s.
55.14, Stats., relating to involuntary administration of psychotropic medication to an individual pursuant to court ordered protective services. Section
50.02 (2) (ad), Stats., requires the Department to promulgate rules that require these facilities to provide, to the Department, information necessary to determine the facilities' compliance with s.
55.14, Stats. The Department proposes to revise chs.
HFS 83,
88,
89,
132, and
134 consistent with the requirements of s.
50.02 (2) (ad), Stats., by requiring facilities to report to the Department about the facility's compliance under s.
55.14, Stats.
The Department estimates that it will take facilities an additional 15 minutes per client who receives involuntary administration of psychotropic medications, to provide the additional information; less if the facility does not administer psychotropic medications. Based on a 15 minute assessment per client, the direct salary and fringe cost of compliance should be about $8 annually per client who involuntarily receives the medication. The time required to complete the reports will increase incrementally with the number of individuals who are administered psychotropic medications involuntarily. The number of clients who may be subject to involuntary administration of psychotropic medication under s.
55.14, Stats., is unknown. All facilities are assumed to have adequate administrative or nursing personnel to comply with the proposed rule; there would not be a need to hire additional staff. The costs of compliance with the proposed rules for any facility should not increase operating expenditures, or decrease revenues by more than the 2006 consumer price index of 3.2 percent.
The costs identified above result from the creation of s.
50.02 (2) (ad), Stats., in
2005 Act 264, rather than this proposed rule
.
Pursuant to the foregoing analysis, the proposed rule will affect a substantial number of small businesses, but the rule would not have a significant economic impact on those businesses.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
State and county government operated, and privately owned nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes are required to comply with s.
55.14, Stats., relating to involuntary administration of psychotropic medication to clients. Section
50.02 (2) (ad), Stats., requires the Department to promulgate rules that require these facilities to provide, to the Department, information necessary to determine the facilities' compliance with s.
55.14, Stats.
The proposed rules would require facilities to report the required information on forms provided by the Department at intervals determined by the Department. This would require the Department to review the information submitted by the facilities and may require the Department to conduct follow-up investigations to determine compliance. Any costs associated with these increased responsibilities would be minimal and can be absorbed within the existing budget.
The Department estimates that it will take facilities an additional 15 minutes per client who receives involuntary administration of psychotropic medications, to provide the additional information; less if the facility does not administer psychotropic medications. Based on a 15 minute assessment per client, the direct salary and fringe cost of compliance should be about $8 annually per client who involuntarily receives the medication. The time required to complete the reports will increase incrementally with the number of individuals who are administered psychotropic medications involuntarily. The number of clients who may be subject to involuntary administration of psychotropic medication under s.
55.14, Stats., is unknown. All facilities are assumed to have adequate administrative or nursing personnel to comply with the proposed rule; there would not be a need to hire additional staff. The costs of compliance with the proposed rules for any facility should not increase operating expenditures, or decrease revenues by more than the 2006 consumer price index of 3.2 percent.
The costs identified above result from the creation of s.
50.02 (2) (ad), Stats., in
2005 Act 264, rather than this proposed rule.
Obtaining Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wis. Adm. Rules Website at:
http://adminrules.wisconsin.gov or by contacting the person listed below.
Contact Person
Pat Benesh
Department of Health and Family Services
Division of Quality Assurance
1 West Wilson Street, Room 1150
Madison, WI 53701-7185
Phone: (608) 264-9896 fax, (608) 267-0352
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
23.09 (2) (intro.),
23.091,
23.11 (1),
23.22 (2) (a) and
(b) 6.,
27.01 (2) (j),
29.041,
227.11 (2) (a) and
227.24 (1) (a), Stats., interpreting ss.
23.09 (2) (intro.),
23.22 (2) (a),
29.014 (1),
29.041 and
227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. FH-25-07(E) which revises chs.
NR 19 and
20, Wis. Adm. Code, pertaining to control of fish diseases and invasive species. This emergency order was published on May 2, 2007 and revised Natural Resources Board Emergency Order FH-22-07(E) which took effect on April 7, 2007. This rule will aid the Department in controlling the spread of viral hemorrhagic septicemia virus (VHS) in the following ways: Natural Resources Board Emergency Order FH-25-07(E) does the following:
1. Clarifies definitions of “live fish" and “live fish eggs" for purposes of the previously adopted emergency rules.
2. Clarifies the prohibition of the transport of live fish away from waters of the Great Lakes and Mississippi River drainages by stating that the prohibition also includes any fish possessed on those waters of the banks or shores of those waters.
3. Clarifies and expands what equipment must be drained of water after removal from waters within the Great Lakes and Mississippi River drainages.
4. Expands the emergency measures to ban the use of potentially infected fish, fish by-products and fish meal as bait in crayfish traps.
5. Clarifies limitations on use of imported live bait by permitting the use of imported live bait from Minnesota or Iowa on the Mississippi River and allowing minnows that die during a fishing trip to be considered live bait for purposes of these rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
June 11, 2007 Auditorium, Logan High School
Monday 1500 Ranger Drive
at 5:00 p.m. La Crosse
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Comments and Copy of Rule
The emergency rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 15, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the emergency rule and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearing
Natural Resources
(Air Pollution Control, Chs.
NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 (1),
285.27 (2) (a) and
227.14 (1m) (a), Stats., interpreting ss.
285.11 (6),
285.27 (2) (a) and
227.14 (1m) (a), Stats., the Department of Natural Resources will hold a public hearing on amendments to ch.
NR 484 and the creation of NR 460, Appendix JJJJ and ch.
NR 465, subch. III, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants for paper and other web surface coating processes. The U.S. EPA promulgated the national emission standards for hazardous air pollutants (NESHAP) for the surface coating of paper and other web on December 4, 2002. Section
285.27 (2) (a), Stats., requires the Department to promulgate NESHAP into the administrative code.
The proposed rule will regulate the emissions of hazardous air pollutants from facilities which are major sources of federal HAPs and which conduct surface coating of paper and other web (affected sources). These include facilities which manufacture the following products: pressure-sensitive tapes and labels, flexible vinyl, photographic film, decorative and industrial laminates, abrasive products and specialty papers. The rule specifies emission limits for organic HAP and operating limits for emission control devices.
Existing affected sources had until December 5, 2005 to achieve compliance. Thus all existing sources must be in compliance by now. New or reconstructed affected sources must achieve compliance “immediately upon start-up". Sources have until their final compliance date to reduce HAP emissions below the major source level and thereby avoid the rule. Sources may also become a synthetic minor HAP source to avoid the rule by obtaining the complying with a federally enforceable permit that restricts HAP emissions prior to the final compliance date.
The proposed rule is identical to the federal NESHAP, except for punctuation, capitalization, numbering, and non-substantive wording and organizational changes made to accommodate state rule form and style requirements and, in some cases, to improve clarity.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any small business which is a major source of HAP emission and which operates one or more web coating lines will be affected by the rule.
b. Description of reporting and bookkeeping procedures required: All affected sources must submit initial notifications, notification of compliance status, and semiannual compliance reports. All affected sources must develop a startup, shutdown and malfunction (SSM) plan. All affected sources must keep all records and documentation relevant to compliance with the rule, including copies of all notifications and reports submitted, performance test results, monitoring data and SSM plans.
c. Description of professional skills required: An environmental scientist or environmental engineer with knowledge of organic HAP emissions, web coating operations, performance testing, air pollution control technologies, compliance strategies and environmental regulations would have the professional skills necessary to ensure compliance with the proposed rule.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
June 12, 2007 Room 511, GEF #2
Tuesday 101 South Webster Street
at 3:00 p.m. Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608) 266-2856 or by e-mail at
Robert.Eckdale@wisconsin.gov with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Comments and Copy of Rule
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-08-07. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Eric Mosher, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
Eric.Mosher@wisconsin.gov. Comments may be submitted until June 29, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2856.
Notice of Hearing
Public Service Commission
NOTICE IS GIVEN That the Public Service Commission of Wisconsin proposes an order to revise chs.
PSC 111 and
112, Wis. Adm. Code, relating to information to be included in an electric utility construction application, as a result of
2003 Wisconsin Act 89. Pursuant to s.
227.16 (2) (b), Stats., the Commission will hold a public hearing in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, on
Thursday, June 21, 2007 at 9:30 a.m. This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.
Analysis Prepared by Public Service Commission
Statute interpreted: s.
196.491, Stats.
A. Objective of the Rule
This rulemaking docket has been initiated to allow the Commission to revise provisions in Chapters
PSC 111 and
112 as a result of statutory changes enacted in
2003 Wisconsin Act 89. Act 89 revised statutory provisions relating to utility construction projects and agency review of the applications for authority to proceed with utility construction projects.
B. Analysis of the Proposed Revisions
Act 89 directs the Commission to promulgate rules to specify information to be included in an application to construct a high-voltage transmission line that may be eligible for expedited review by the Commission. Act 89 also creates new priorities for siting electric transmission lines, and requires utilities to consider using brownfield sites to the extent practicable. Additionally, this rulemaking considers other revisions to rules relating to the application process to reflect Act 89 provisions. These revisions include information needed to conduct a joint environmental review with the Department of Natural Resources, various construction related terminology, allowing utilities to begin urgently necessary work in case of emergency, and the provision of complete construction applications to area clerks and libraries.
