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50.065, Stats., making Appendix A incomplete and outdated.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.
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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.
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2007 Wisconsin Act 20 repealed ss. 50.033 (2r), (2s) and (2t), Stats., making the provisions in ss.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 and (4) no longer valid.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 These requirements were repealed under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.
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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.
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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).
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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.
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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.
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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.
Hearing Information
The hearing will be held:
Date: August 13, 2010
Time: 1:00 PM
Location: Events Room
State Revenue Building
2135 Rimrock Road
Madison, Wisconsin
Handicap access is available at the hearing location.
Copies of Proposed Rules
A copy of the full text of the proposed rule order and the full fiscal estimate may be obtained at no cost by contacting the department. See Agency Contact Person listed below.
Submission of Written Comments
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown under Agency Contact Person listed below no later than August 20, 2010, and will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Revenue
Statutes interpreted
Sections
71.01 (5g),
71.19,
71.22 (2m),
71.255,
71.63 (3m) and
(3r),
71.68 (2),
71.775,
71.80 (20) and
(23),
73.029,
77.982 (2), and
77.9941 (4), Stats.
Statutory authority
Explanation of agency authority
Section
73.029, Stats., provides that the department may require electronic funds transfer only by promulgating rules. Section
227.11 (2) (a), Stats., provides that each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
Plain language analysis
The proposed rule order will:
•
Expand the taxes, fees, and other amounts required to be paid or deposited using electronic funds transfer (EFT) and the returns, reports, and refund claims the department may require be filed electronically.
•
Provide further interpretation and explanation of the statutory provisions for disclosure of related entity expenses and the related addition and subtraction modifications.
•
Provide additional guidance with respect to the statutory provisions for pass-through entity withholding tax.
Comparison with federal regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule order.
Comparison with rules in adjacent states
Illinois:
