Hearing Information
April 6, 2010
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MADISON
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Tuesday
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GEF 1 Building
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1:30 p.m.
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201 E. Washington Avenue, H206
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Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is wheelchair accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at a hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Copies of Proposed Rule
A copy of the proposed rules is available at
http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen, Office of Legal Counsel
Department of Children and Families
201 E. Washington Avenue
Madison, WI 53707
Phone: (608) 267-9403
Submission of Written Comments
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov web site no later than April 7, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Children and Families
Statutory authority
Statutes interpreted
Related statutes or rules
NA.
Explanation of agency authority
Under s.
48.983, Stats., as affected by
2009 Wisconsin Acts 28 and
82, a county, private agency, or Indian tribe may apply to the department for an annual grant that will be used to operate a home visiting program to prevent child abuse and neglect and promote healthy birth outcomes.
The home visiting program will provide case management services that will begin when a woman who is eligible for Medical Assistance is pregnant if an assessment indicates the presence of risk factors for poor birth outcomes or child abuse and neglect. Services will generally continue until the child is 3 years old. One of the purposes for which the grant may be used is to reimburse a case management provider for the amount of the allowable charges under the Medical Assistance program that is not reimbursed by the federal government. The grants may also be used for flexible funds for appropriate expenses of each participating family, worker training activities, and a grantee's start-up costs and capacity building.
The minimum amount of a grant is $10,000. The county, private agency, or Indian tribe shall agree to match at least 25% of the grant amount annually in funds or in-kind contributions. The department shall determine the amount of a grant awarded to a county, private agency, or Indian tribe in excess of $10,000 based on the need for a grant, as determined by a formula that the department shall promulgate by rule. The formula shall determine need based on the number of births that are funded by Medical Assistance in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes, in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe.
Summary of the proposed rule
The minimum amount of a grant is $10,000. The department shall determine the amount of an initial grant awarded to a county, private agency, or Indian tribe in excess of the minimum amount based the following weighted criteria applied to the population in that county, the area in which the private agency is providing services, or the reservation of that Indian tribe:
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The number of births that are funded by Medical Assistance shall be weighted 40%.
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The rates of poor birth outcomes shall be considered as follows:
° The infant mortality rate shall be weighted 10%.
° The premature birth rate shall be weighted 10%.
° The rate of low birth weights shall be weighted 10%.
•
The level of racial or ethnic disproportionality in poor birth outcomes shall be weighted 30%, with each factor weighted 10%.
Summary of factual data and analytical methodologies
Despite a steady decline in the white infant mortality rate over the last 20 years, the black infant mortality rate has essentially remained the same.
The UW-Extension website has a directory of home visiting programs in Wisconsin at
http://www.uwex.edu/ces/ flp/homevisit/directory/index.cfm.
Comparison with rules in adjacent states
Other states fund home visiting programs with purposes that include promoting healthy birth outcomes and preventing child abuse and neglect. The formulas for distributing the funds are not in rule.
Comparison with federal regulations
None.
Analysis used to determine effect on small businesses
Private agencies are eligible to apply for a grant.
Small Business Impact
The proposed rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Kim Eithun
Division of Safety and Permanence
Phone: (608) 261-7836
Notice of Hearings
Health Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
250.04 (1),
(2) (a), and
(7),
254.74 (1) and
(1g), and
254.85 (1), and
(2), Stats., the Department of Health Services will hold a public hearing on emergency rules and proposed permanent rules to consider revisions to Chapters
DHS 195 and
197, relating to carbon monoxide detectors in hotels, motels, tourist rooming houses and bed and breakfast establishments, and affecting small businesses.
Hearing Information
Date and Time
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Location
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April 21, 2010
10:00am to 2:00pm
April 23, 2010
10:00am to 2:00pm
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Southeastern Regional Office
Conference Room
819 N. 6th Street, Room 40
Milwaukee, WI 53202
State of Wisconsin
Dept. of Health Services
1 W. Wilson Street
Room B139
Madison, WI 53703
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April 27, 2010
10:00am to 2:00pm
April 28, 2010
10:00am to 2:00pm
April 30, 2010
10:00am to 2:00pm
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Northern Regional Office
Conference Room
2187 North Stevens Street Suite C
Rhinelander, WI 54501
Northeastern Regional Office
Conference Room
200 North Jefferson Street Room 152A
Green Bay, WI 54301
Western Regional Office
Conference room 123
610 Gibson Street
Eau Claire, WI 54701
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Accessibility
English
DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting James Kaplanek at 608-261-8361. You must make your request at least 7 days before the activity.
Spanish
DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con James Kaplanek al número 608-261-8361. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau James Kaplanek ntawm 608-261-8361. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Copies of the Proposed Rule
A copy of the rules may be obtained from the department at no charge by downloading the documents from
www.adminrules.wisconsin.gov or by contacting:
James Kaplanek
Bureau of Environmental and Occupational Health
Phone: 608-261-8361
Submission of Written Comments
Comments may be submitted to the agency contact person listed above or to the Wisconsin Administrative Rules Website at
www.adminrules.wisconsin.gov until
April 30, 2010, 4:30 p.m.
Analysis Prepared by Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
•
Section
227.11 (2) (a), Stats., permits state agencies to exercise general rulemaking authority to interpret the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
•
Section
250.04 (1),
(2) (a), and
(7), Stats., designates DHS as having general responsibility for the public's health, gives DHS all powers necessary to fulfill its duties, and authorizes DHS to enforce and promulgate rules and orders governing the duties of local public health departments that effect public health.
•
Section
254.74 (1) (a) and
(d), Stats., provides DHS with authority to administer and enforce laws relating to lodging and food protection and any other laws relating to public health and safety in hotels, motels, tourist rooming houses, and bread and breakfast establishments.
•
Section
254.74 (1) (am), Stats., requires DHS to promulgate rules under which DHS would conduct inspections of sealed combustion units as required under s.
101.149 (5) (c), Stats. and issue orders for compliance as specified under s.
101.149 (8) (a), Stats.
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Section
254.74 (1g), Stats., requires DHS to inspect hotels, motels, tourist rooming houses, and bed and breakfast establishments to ensure compliance with s.
101.149 (2) and
(3), Stats.
•
Section
254.85 (1), and
(2), Stats., authorizes DHS to enter the premises of lodging establishments to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed for enforcement of rules or statutes, and to issue orders to protect the public health safety and welfare.
Related statute or rule
