There is no reasonable alternative to the proposed rulemaking.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
The department may develop, establish and enforce standards for the care, treatment, health, safety, welfare and comfort of patients by home health agencies and for the maintenance and operation of home health agencies which, in the light of advancing knowledge, will promote safe and adequate care and treatment of such patients by home health agencies.
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 will spend approximately 200 staff hours for rulemaking.
6. List with description of all entities that may be affected by the proposed rule:
The entities that may be affected by the proposed rule are home health agencies, the Wisconsin Association for Home Health Care, Inc., physician assistants, and home health agency patients.
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:
Federal regulations under 42 CFR 484.18, in pertinent part, require that medical care in home health agencies be supervised by a physician. Both physician assistants and advanced nurse prescribers must act under the supervision or in collaboration with the physician. The regulations also otherwise establish the conditions for participation in the Medical Assistance program. The department’s proposal is to revise ch. DHS 133 to reflect the recent change in the definition of home health services under s. 50.49 (1) (b), Stats., which now include services provided under the care of a physician assistant, in addition to those provided under the care of a physician or advanced nurse prescriber. 8. Anticipated economic impact of implementing the rule:
The proposed rule is anticipated to have little to no economic impact if promulgated.
Contact Person:
Rosie Greer
608-266-1279
