Scope Statements
Health Services
Family and Economic Security, Chs.
DHS 101—153
The Governor approved this statement of scope for permanent rules on June 12, 2014.
Rule No.
Relating to
Grants for workplace wellness programs.
Rule Type
Permanent.
Type of Statement of Scope
Original (revised).
1. Finding/Nature Of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rules is to create a process for providing grants under s.
250.21, Stats., as created by
2013 Wisconsin Act 137, to businesses with 50 or fewer employees that provide workplace wellness programs for their employees.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
Section
250.21, Stats., requires the department to award to businesses with 50 or fewer employees, one time grants for up to 30% of the costs, excluding amounts paid to acquire, construct, rehabilitate, remodel, or repair real property, paid during the year, to provide for its employees, a workplace wellness program defined under s.
250.21 (1) (c), Stats., as a health or fitness program that includes health risk assessments and one or more of the following programs or services:
• Chronic disease prevention.
• Weight management.
• Stress management.
• Worker injury prevention programs.
• Health screenings.
• Nutrition education.
• Health or fitness incentive programs.
• Vaccinations.
• Employee physical examinations.
The legislature under s.
250.21 (3), Stats., provides that the maximum amount that the department award to all applicants in any fiscal year is $3,000,000. Section
250.21 (3), Stats., further provides that the department may not award grants for workplace wellness programs in existence before March 15, 2014, and sunsets grant disbursements on December 31, 2018.
The department is required under s.
250.21 (4), Stats., to establish rules to administer workplace wellness program grants. The department proposes to establish, by rule, an application process, application review criteria, and an appeal process for applications that are not approved.
There are no reasonable alternatives to the proposed rulemaking. Section
250.21, Stats., requires the department to promulgate rules to administer the workplace wellness program grants.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
(2) WORKPLACE WELLNESS PROGRAM GRANTS. Subject to the limitations provided under sub. (3) and after the department's approval of the application, from the appropriation account under s.
20.435 (1) (bn), the department shall award a grant to each applicant who provides a workplace wellness program to any of the applicant's employees who are employed at a small business in this state in an amount not to exceed 30 percent of the amount that the applicant paid during the year to provide such a program, not including any amount paid to acquire, construct, rehabilitate, remodel, or repair real property.
(3) LIMITATIONS. The maximum amount of the grants that may be awarded to all applicants in any fiscal year is $3,000,000. No applicant may be awarded a grant under this section for a workplace wellness program in existence before March 15, 2014. No applicant may be awarded more than one grant under this section. No grants may be awarded under this section after December 31, 2018.
(4) ADMINISTRATION. A person wishing to receive a grant under this section shall apply for a grant in the manner prescribed by the department. An applicant shall include with the application an itemized list of the applicant's expenditures for providing a workplace wellness program. The department shall promulgate rules to administer this section.
Section 227.11 (2) (a), Stats. reads: Rule-making authority is expressly conferred on an agency as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that it will take approximately 80 hours to develop the proposed rules. This includes the time required for research and analysis, coordinating advisory committee meetings, rule drafting, preparing any related documents, holding a public hearing, and communicating with affected persons and groups.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rules will impact businesses with 50 or fewer employees that choose to establish a workplace wellness program and apply for a grant, and the employees of such businesses.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There appear to be no existing or proposed federal regulations that address the activities to be regulated by the rules.
8. Anticipated Economic Impact of Implementing the Rule
The proposed rules are anticipated to have little or no economic impact if promulgated.
Contact Person
Jon Morgan, Department of Health Services, Chronic Disease Prevention Unit,
Jonathon.morgan@wi.gov, 608-266-9781.
Susan Uttech, Department of Health Services, Bureau Director, Community Health Promotion, susan.uttech@ wi.gov, 608-267-3561.
Public Service Commission
(PSC Docket # 1-AC-247 )
This statement of scope was approved by the governor on June 23, 2014.
Rule No.
Relating to
Rule Type
Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
Not applicable
2. Description of the Objective of the Rule and Expected Financial Impact
This rulemaking will bring PSC administrative rules into conformance with
2013 Wisconsin Act 274 (Act 274). Any financial impact occurred when the statute was enacted. The rulemaking only conforms the rules where necessary, thus it should not have a financial impact.
3. Description of Existing Policies Relevant to the Rule and New Policies Proposed to be Included in The Rule and Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Currently, when a customer has an arrearage with a municipal utility, the utility has authority to transfer the arrears to the property tax roll for the property where service is provided. This can result in a tenant's arrears becoming the responsibility of the property owner. Section
66.0809, Stats., as amended by Act 274, provides a way in which a landlord can ensure that the responsibility for a tenant's arrears remains with the tenant, by creating a lien against the tenant's assets. The statute also:
• Allows a landlord to tell a municipal electric utility to disconnect a tenant's electric service if past-due charges remain unpaid.
• Requires a municipal utility to, upon request, disclose to a rental unit owner whether a new or prospective tenant has arrears with that utility at a different address.
• Provides that municipal utilities are not required to offer a tenant a deferred payment agreement.
• Allows a municipal utility to adopt application, deposit, disconnection or collection rules that distinguish between customers who own or who rent property.
Currently, disconnection, deposit, deferred payment agreement, and collection rules generally apply the same to all customers, regardless of whether they rent or own a residential dwelling.
4. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11, Stats., authorizes agencies to promulgate administrative rules. Section
196.02 (1), Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section
196.02 (3), Stats., grants the commission specific authority to promulgate rules.
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The Commission estimates that less than 150 hours will be spent developing this rule. No other resources should be necessary.
6. Description of all Entities that may be Impacted by the Rule
Municipal gas, electric and water utilities, tenants, and landlords.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
None.
Contact Person
Joyce M. Dingman
Public Service Commission of Wisconsin
(608) 267-6919
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
This statement of scope was approved by the governor on June 23, 2014.
Rule No.
Relating to
Social worker credential requirements.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective is the correct rules which place a burden on the applicants by going beyond statutory requirements.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The current rule contains a requirement that an applicant for a clinical social worker license must complete their 3,000 hours supervised clinical social work practice in no less than 2 years. The legislature removed the 2 year requirement when it inserted the 3,000 hours requirement. The current rule also requires the 1,000 hours of face-to-face client contact to include DSM diagnosis and treatment of individuals. This is requirement is not in the statutes. Therefore, these two requirements put a higher burden on the applicant than the statutory requirements. The policy proposed is to remove these two requirements.
Wis.
2013 Act 114 created a provision that a credentialing board may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the credentialing board grants or issues. Section
MPSW 5.01 states the examination for social worker or advanced practice social worker may be taken prior to the completion of the required degree upon confirmation from the applicant's school that the applicant is in good standing and is within 6 months of graduation. The current rule goes beyond the statutes by requiring the school to indicate the person is in good standing and limiting the ability of the applicant to decide when to take the test.
The alternative to the proposed policy is to continue with rules which place the threshold above the statutory requirements.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
457.03 (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.
457.03 (3)
Upon the advice of the social worker section, promulgate rules establishing levels of social work practice for individuals with master's or doctoral degrees in social work, in addition to the levels of practice for which certificates are granted under s.
457.08 (2) and
(3), and establishing appropriate educational, training, experience, examination, and continuing education requirements for certification and renewal of a certificate at each level of practice established in rules promulgated under this subsection.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
35 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Social worker, advanced social worker, and clinical social worker applicants.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal. This rule is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
Transportation
The statement of scope for a permanent and an emergency rule was approved by the governor on July 1, 2014.
Rule No.
Relating to
Towing of vehicles.
Rule Type
Permanent and emergency rule.
1. Finding/Nature of Emergency (Emergency Rule Only)
2. Detailed description of the objective of the proposed rule
This rule will create uniform requirements related to the towing of vehicles from certain property, as authorized by
2013 Wisconsin Act 76. A standard notice will be required to mark areas where parking is prohibited. A uniform charge for removal and storage of vehicles will be created, and there will be a uniform process for towing services to follow to alert law enforcement that a vehicle has been towed.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Under existing law, towing a vehicle requires that law enforcement first issue a citation. Under
2013 Wisconsin Act 76, if a vehicle illegally parked in a “properly posted" area, it is unnecessary for law enforcement to issue a citation prior to removal of the vehicle. Per
2013 Wisconsin Act 76, this rule will establish what type of display is necessary to qualify as “properly posted." Chapter
Trans 319 will establish reasonable charges for removal and storage of a vehicle, and create guidelines for towing services to follow to alert law enforcement that a vehicle has been towed.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
These rules are required to be promulgated by
2013 Wisconsin Act 76; Wis. Stats. 349.13 (3m) (e). The department shall promulgate rules establishing all of the following:
1. Reasonable charges for removal and storage of vehicles under this subsection.
2. The form and manner of display of notice necessary to qualify as “properly posted" under par. (a) 2.
3. Guidelines for towing services to notify law enforcement under par. (d) upon removal of a vehicle.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The Department of Transportation (“DOT") estimates that it will take approximately 500 hours, or 0.25 FTE staff, to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings, and communicating with affected persons and groups. DOT will use existing staff to develop this rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule has potential impact on any private property owner who chooses to “properly post" a notice of illegal parking on their property; any member of the motoring public who parks in violation of such a posting; and all towing and recovery services who remove a vehicle under the authority created by
2013 Wisconsin Act 76.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no existing or proposed federal regulations intended to address the activities of the proposed rule.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Under existing law, the charge for removal and storage of vehicles is not uniform. This rule would establish reasonable charges for storage and removal of vehicles under
2013 Wisconsin Act 76. The specific impact of this change will vary by business.
Contact Person
Zachary Wyatt, Division of State Patrol, Bureau of Transportation Safety, (608) 266-0403.
Workforce Development
Worker's Compensation, Chs.
DWD 80—81
This statement of scope was approved by the governor on July 1, 2014.
Rule No.
Relating to
Minor and technical changes to the worker's compensation program.
Rule Type
Permanent.
1. Finding / Nature of the Emergency (Emergency Rule Only)
Not applicable
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule will make changes to ch.
DWD 80, relating to reports by insurance carriers and self-insured employers, vocational rehabilitation training for injured employees, wrap-up insurance, uninsured employer's fund, notice of cancellation, termination and nonrenewal of insurance coverage, and necessity of treatment disputes.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Reports by Insurance Companies and Self-insured Employers
Section
DWD 80.02 (2) identifies the reports that self-insured employers and insurance companies are required to submit to the department for injuries if there is a disability beyond the 3
rd day after the employee leaves work as a result of the accident or disease.
Under the proposed rule, the following amendments will clarify that a self-insured employer or insurance company is required to report to the department when:
• Salary continuation payments to the employee are paid to an employee during the employee's healing period for injuries with disabilities that continue for more than three (3) days.
• Salary continuation payments to the employee are changed to payments for permanent disability.
• Salary continuation payments are reinstated during the employee's healing period.
• The final payment of salary continuation is made during the hearing period.
The proposed rule will also require a self-insured employer or insurance company to submit a final report of the employee's treating practitioner if the employee sustains an eye injury that requires medical treatment on three or more occasions off the employer's premises.
The proposed rule will create guidelines that require a self-insured employer or insurance company to file an update with the department, on form prescribed by the department, and to the newly retained claims handling office or third party administrator, for any open claim with more than 26 weeks of temporary disability, or permanent total disability. The proposed rule will also establish guidelines when the department may require submission of this information for any open claims with less than 26 weeks of temporary disability, or permanent total disability.
In addition, the proposed rule will require a self-insured employer or insurance company to submit to the department, on a form prescribed by the department, on an annual basis within six months of the beginning of a new calendar year any payments for permanent total disability and supplemental benefits made during the previous year.
Vocational Rehabilitation Benefits
Section
DWD 80.49 references outdated terminology related to vocational specialists and retraining plans developed for injured employees pursuing vocational rehabilitation training. The proposed rule will repeal the obsolete terminology and use current terminology to define retraining plans developed for injured employees pursuing vocational rehabilitation training and describe vocational specialists.
Wrap-up Insurance
Section
DWD 80.61 requires the use of department forms WKCA-19.4 W-U and WKCA-19.5 W-U, which are no longer utilized by the department. The proposed rule will repeal the requirement to file forms WKCA-19.4 W-U and WKCA-19.5 W-U which are obsolete and create language to authorize the use of forms prescribed by the department.
Uninsured Employers Fund
Section
DWD 80.62 requires the department to submit to the Governor, and presiding officer of each house of the legislature, a report on the Uninsured Employers Fund on a quarterly basis. Under
1989 Wisconsin Act 64, this requirement sunset on April 15, 1992 and will be repealed.
Notice of Cancellation and Termination of Insurance Coverage
Section
DWD 80.65 identifies specific methods of delivery to the Wisconsin Compensation Rating Bureau when a worker's compensation insurance company gives notice of a cancellation or terminates a policy. The proposed rule will allow methods of delivery which are approved by the department.
The proposed rule will also amend the section title to include nonrenewal of insurance coverage and create statutory cross-references for cancellations, terminations, and non-renewals of insurance policies issued to professional employer organizations and employee leasing companies.
Necessity of Treatment Disputes
Section
DWD 80.73 requires an insurer or self-insured employer to give written notice to a health care provider when the insurer or self-insured employer refuses to pay for treatment costs determined to be unnecessary. The insurer or self-insured employer is required to identify why it believes the treatment was unnecessary, including the organization and credentials of any person who provides supporting medical documentation. The proposed rule will require an insurer or self-insured employer to also include all supporting medical documentation used to determine the treatment unnecessary.
The department did not prepare an analysis of policy alternatives since the proposed rulemaking is only intended to simplify, reduce, or increase the efficiency of certain requirements, or is of a clarifying nature.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The following statutory provisions provide authority for the proposed rulemaking:
“….if the injured employee sustained an eye injury requiring medical treatment on 3 or more occasions off the employer's premises, the department may by rule require the insurer or self-insured employer to submit to the department a final report of the employee's treating practitioner…"
“(1) Subject to this chapter, the department may adopt its own rules of procedure and may change the same from time to time."
“The department shall promulgate rules establishing procedures and requirements for the necessity of treatment dispute resolution process under this subsection, including rules setting the fees under par. (f) and rules establishing standards for determining the necessity of treatment provided to an injured employee…. "
“…The department may provide by rule that the notice of cancellation or termination be given to the Wisconsin compensation rating bureau rather than to the department in a medium approved by the department after consultation with the Wisconsin compensation rating bureau…."
“Every insurance company that transacts the business of compensation insurance, and every employer who is subject to this chapter, but whose liability is not insured, shall keep a record of all payments made under this chapter and of the time and manner of making the payments and shall furnish reports based upon these records and any other information to the department as the department may require by rule or general order, in a format approved by the department."
“The department shall promulgate rules establishing procedures and requirements for the private rehabilitation counseling and rehabilitative training process under this subsection. Those rules shall include rules specifying the procedure and requirements for certification of private rehabilitation counselors."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The estimated time is 120 hours.
6. List with Description of all Entities that May be Affected by the Proposed Rule
Injured employees with worker's compensation claims, worker's compensation insurance companies, self-insured employers, worker's compensation claims handling offices, third party administrators, health care providers and Wisconsin Compensation Rating Bureau.
7. Summary and Preliminary Comparison with Any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule.
There are no existing or proposed federal regulations related to the proposed rules.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rule will have no economic impact locally or statewide. The proposed rule is primarily procedural in nature and will have no economic impact on small businesses.
9. Contact Person
James T. O'Malley, Director, Worker's Compensation Bureau of Legal Affairs, (608) 267-6704, Jim.OMalley@ dwd.wisconsin.gov.
