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 Pat Benesh al número 608-264-9896. 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 Pat Benesh ntawm 608-264-9896. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Submittal of Written Comments
Comments may be submitted to the agency contact person that is listed below until August 26, 2010, 4:30 p.m.
Copies of 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:
Pat Benesh, Quality Assurance Program Spec-Senior
Division of Quality Assurance
1 West Wilson Street, Room 534
Madison, WI 53701
Phone: 608-264-9896
Fax: 608-267-0352
Analysis Prepared by Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
50.02 (2), Stats., authorizes the department to develop regulations and standards for the care, treatment, health, safety, rights, welfare and comfort of residents in community-based residential facilities for the construction, general hygiene, maintenance and operation to promote safe and adequate accommodations, care and treatment of residents and to promulgate rules consistent with this section.
Section
50.033 (2), Stats., authorizes the department to establish rules for the operation of licensed adult family homes designed to protect and promote the health, safety and welfare of adults receiving care and maintenance.
Section
50.065 (1) (ag) 1. a. (2) (d),
(4),
(5) and
(6) (b) and
(c), Stats., authorizes the department to establish standards for caregivers to protect from harm clients served by department-regulated entities by requiring uniform background screening of persons regulated and persons who are employees of or under contract to regulated entities or who are a nonclient resident of regulated entities.
Section
50.36 (1), Stats., authorizes the department to promulgate rules and standards for the operation of a hospital necessary to provide safe and adequate care and treatment and to protect the health and safety of patients in hospitals.
Section
50.51 (2), Stats., authorizes the department to promulgate rules for the operation of rural medical centers and standards that are designed to protect and promote the health, safety, rights and welfare of patients who receive health care services in rural medical centers.
Section
227.11 (2) (a), Stats., allows agencies to promulgate rules interpreting the provision of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Section
255.056 (7), Stats., authorizes the department to promulgate rules for medical facilities and pharmacies to accept and dispense donated drugs or supplies including standards for accepting and dispensing donated drugs or supplies, eligibility criteria for individuals to receive donated drugs or supplies, the maximum handling fee that a medical facility or pharmacy may charge for accepting, distributing, or dispensing donated drugs or supplies and drugs that are ineligible for donation.
Related statute or rule
See the “Statutes Interpreted" section.
Plain language analysis
•
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 also intends to update the list of entities, as defined under s.
50.065, Stats., which are subject to the caregiver background law, clarify rule provisions and correct a cross reference.
•
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 and to update charts, cross-references and links. The department also intends to update Appendix A which lists contact information for the Division of Quality Assurance, Bureau of Assisted Living, Regional Offices.
•
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. Section
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 and reference the grievance resolution procedures in ch.
DHS 94. The department also intends to update Appendix A which lists contact information for the Division of Quality Assurance, Bureau of Assisted Living, Regional Offices.
•
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 and refer to the patient's health agent as defined in s.
157.06 (2) (a), Stats. The department also intends to repeal the outdated standard in Appendix A, Food and Nutrition Board, National Academy of Sciences, Recommended Daily Dietary Allowances, revised in 1980, and amend the reference to the standard in DHS 124.16 (5) (c).
•
Section
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.
•
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.
•
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.
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.
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 affect the type of medications that can to be donated to the drug repository.
Chapter
DHS 165, Laboratory Certification.
Comparison with rules in adjacent states
Illinois:
Not applicable.
Iowa:
Not applicable.
Michigan:
Not applicable.
Minnesota:
Not applicable.
Summary of factual data and analytical methodologies
The department reviewed statutes, Acts, and the rules presented in this order to determine which rules needed to be repealed or revised.
Small Business Impact
The rules will not have a fiscal effect on businesses.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
None.
Private sector fiscal effect
None.
Long-range fiscal implications
None known.
Agency Contact Person
Pat Benesh, Quality Assurance Program Spec-Senior
Division of Quality Assurance
1 West Wilson Street, Room 534
Madison, WI 53701
Phone: 608-264-9896
Fax: 608-267-0352
Notice of Hearing
Revenue
NOTICE IS HEREBY GIVEN That pursuant to ss.
73.029 and
227.11 (2) (a), Stats., the Department of Revenue will hold a public hearing to consider rules revising Chapters
Tax 1,
2, and
3, relating to electronic funds transfer; original and amended corporation franchise and income tax returns; information returns and wage statements; returns of persons other than corporations; the recycling surcharge; estimated tax requirements; addback and disclosure of related entity expenses; pass-through entity withholding; and the dividends received deduction for corporations.
