Subject
Creates Chapter
Comm 135, relating to food processing plant and food warehouse investment credit.
Objective of the Rule
The proposed rules would implement the provisions of
2009 Wisconsin Act 295 that relate to certifying applicants and allocating to them tax credits for investments in food processing plants and food warehouses.
Policy Analysis
The Department has rules for several other programs associated with tax credits, but none of those programs relate specifically to investments in food processing plants and food warehouses.
The proposed rules are expected to address: (1) the eligibility requirements for applicants; (2) the documentation that must be submitted by applicants to become certified as eligible for the investment credit, and to receive acceptance of incurred expenses; (3) the Department's response to the submitted documentation; and (4) filing a claim with the Department of Revenue for the corresponding tax credit.
The alternative of not promulgating these rules would conflict with the directive in section
560.2056 (4) of the Statutes that requires this promulgation, in consultation with the Department of Revenue.
Statutory Authority
Comparison with Federal Regulations
Neither the Department nor the Department of Revenue is aware of any existing or proposed federal tax credits that are similar to these tax credits.
Entities Affected by the Rule
The proposed rules may affect entities that incur expenses relating to modernization or expansion of food processing plants or food warehouses.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 40 to 60 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
Subject
Creates Chapter
Comm 139, relating to rural outsourcing grants.
Objective of the Rule
The proposed rules would implement the provisions of
2009 Wisconsin Act 265 that relate to awarding grants to businesses for outsourcing work to rural municipalities.
Policy Analysis
The Department has rules for several other programs associated with economic and business development grants, but those programs are not targeted specifically to grants to businesses for outsourcing work to rural municipalities.
The proposed rules are expected to address (1) the eligibility requirements for applicants and projects; (2) the documentation that must be submitted by applicants; (3) the Department's response to the submitted documentation; and (4) the Department's use of any funds that are not applied for by the end of the 2009-11 fiscal biennium.
The alternative of not promulgating these rules would conflict with the directive in SECTION 45 (1) (b) in
2009 Wisconsin Act 265 that requires this promulgation.
Statutory Authority
Comparison with Federal Regulations
No similar existing or proposed federal regulations or programs were found through review of the Code of Federal Regulations and pertinent federal agency Web sites – including at the US Department of Agriculture, the US Department of Commerce, the US Economic Development Administration, and the US Small Business Administration.
Entities Affected by the Rule
The proposed rules may affect businesses that incur expenses relating to outsourcing work to rural municipalities.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 40 to 60 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Health Services
Management and Technology and Strategic Finance,
Chs.
DHS 1—
Community Services, Chs.
DHS 30—
Health, Chs.
DHS 110—
Subject
Revises Chapter
DHS 12, relating to caregiver background checks and Appendix A, relating to offenses affecting caregiver eligibility.
Revises Chapter
DHS 83, relating to community-based residential facilities.
Revises Chapter
DHS 88, relating to licensed adult family homes.
Revises Chapter
DHS 124, relating to hospitals.
Revises Chapter
DHS 127, relating to rural medical centers.
Revises Chapter
DHS 148, relating to cancer and chronic disease drug repository program.
Repeals Chapter
DHS 165, relating to laboratory certification.
Objective of the Rule
To update, correct or remove outdated rule provisions and cross-references.
Policy Analysis
DHS 12
Chapter
DHS 12, Appendix
A is a list of Wisconsin crimes and other offenses that the legislature under s.
50.065, Stats., determined either require rehabilitation review approval before a person may work as a caregiver, reside as a non-client resident at or contract with an entity, or that act to permanently bar a person from receiving approval to be a foster parent. Over the years, the legislature has revised the crimes and offenses listed in s.
50.065, Stats., making Appendix A incomplete and outdated. To ensure that the list of crimes and offenses now listed by the department in Appendix A is available to the public in an accurate and timely manner, the department intends to repeal Appendix A and publish the list of crimes and offenses affecting caregiver eligibility on the department's website at dhs.wisconsin.gov.
The department intends to update the list of entities, as defined under s.
50.065, which are subject to the caregiver background law, make other minor changes, and clarify rule provisions.
DHS 83
The department intends to amend ch.
DHS 83 to clarify and correct certain provisions in the rule relating to health monitoring, administrator training, resident assessment, doors and construction type, make other minor changes, clarify rule provisions and to update charts, references and links.
DHS 88
2007 Wisconsin Act 20 repealed ss. 50.033 (2r), (2s) and (2t), Stats., making the provisions in ss. DHS 88.06 (1) (a) 4. and (4) no longer valid. Chapter
DHS 88.06 (1) (a) 4. and (4) requires an adult family home to provide information and referral of a prospective resident to the aging and disability resource center. These requirements were repealed under
2007 Wisconsin Act 20. The department intends to remove the information and referral requirements from ch.
DHS 88.
Section
DHS 88.10 (5) (b) relating to resident grievance procedures contains an incorrect cross-reference concerning patient storage space. The department intends to correct the cross-reference.
DHS 124
Section DHS 124.14 (3) (a) 16. relating to anatomical gifts contains a cross-reference to s. DHS 124.05 (3) (i) 1. which was repealed in a recent revision of ch. DHS 124. The department intends to correct the cross reference.
DHS 127
Chapter
DHS 127.02 (2)
defines an
ambulatory surgery center to have the meaning given in s. 49.45 (6r) (a) 1., Stats.
1997 Wisconsin Act 252 repealed s. 49.45 (6r), Stats., making the definition no longer valid. The department intends to amend the definition of ambulatory surgical center at s.
DHS 127.02 (2), by adopting the federal definition given under
42 CFR 416.2, which defines an ambulatory surgical center (ASC) to mean any distinct entity that operates exclusively for the purpose of providing surgical services to patients not requiring hospitalization, has an agreement with the Centers of Medicare and Medicaid Services (CMS) to participate in Medicare as an ASC, and meets the conditions set forth in subparts B and C. Subparts B and C of
42 CFR 416.2 are the general conditions, requirements and specific conditions for coverage for ambulatory surgical services.
DHS 148
2009 Wisconsin Act 142, effective March 18, 2010, removes certain barriers to donating prescription drug samples and expands the drug repository program to allow individuals to donate unused prescription medications that are in the original packaging, not just drugs to treat cancer and other chronic diseases as previously specified. The department intends to amend ch.
DHS 148 to reflect these changes
.
DHS 165
The Department proposes to repeal ch.
DHS 165 because the department has no statutory authority for the rule. In Wisconsin, laboratories are monitored under federal regulations contained in
42 CFR 493 and
42 CFR 1310 to
405.1317.
Statutory Authority
Sections
50.02 (2),
50.033 (2),
50.065 (1) (ag) 1. a.,
(2) (d),
(4),
(5) and
(6) (b) and
(c),
50.36 (1),
50.51 (2),
227.11 (2), and
255.056 (7), Stats.
Comparison with Federal Regulations
Chapter DHS 12, Caregiver Background Checks. There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Chapter DHS 83, Community-Based Residential Facilities. There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Chapter DHS 88, Licensed Adult Family Homes. There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Chapter DHS 124, Hospitals. There appear to be no existing or proposed federal regulations that address clinical records to be maintained for anatomical gifts.
Chapter DHS 127, Rural Medical Centers. There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Chapter DHS 148, Cancer and Chronic Disease Drug Repository Program. The proposed rules are affected by
21 CFR 200-
299,
21 CFR 1300-
1302, and
21 CFR 1304-
1308. These regulations constitute the Food and Drug Administration (FDA) and Drug Enforcement Agency (DEA) regulations that will affect the type of medications that can to be donated to the drug repository.
Entities Affected by the Rule
The proposed rule will affect community-based residential facilities, adult family homes, hospitals, rural medical centers, pharmacists, pharmacies, advocacy organizations, trade associations, and entities regulated under chs.
DHS 34,
35,
36,
40,
61,
63,
75,
82,
83,
85,
88,
89,
105,
124,
127,
131,
132,
133, and
134.
Estimate of Time Needed to Develop the Rule
The Department of Health Services estimates that approximately 100 hours of staff time will be required to promulgate the proposed rules.
Contact Information
Pat Benesh
Division of Quality Assurance
Phone: (608) 264-9896
Health Services
Subject
Revises Chapter
DHS 120, relating to health information.
Objective of the Rule
To create rules governing how individually identifiable cancer registry information may be disclosed to persons conducting research on cancer, cancer prevention or cancer control.
Policy Analysis
Section
255.04 (3) (c), Stats., as created by
2009 Wisconsin Act 28 (the state's biennial budget) permits the dissemination of individually identifiable state cancer registry information to qualified researchers upon request. The request must include a written application, documentation of IRB approval and fee payment to the department, for the purpose of studying cancer, cancer prevention, or cancer control or performing other cancer research.
