Wisconsin Legislature: 002 - CR 16-087 Rule Text

Comparison with rules in adjacent states

Illinois:

Effective May 4, 2016, all federally certified hospitals, hospices, nursing homes and intermediate care facilities for individuals with intellectual disabilities must comply with the 2012 edition of the LSC.

Iowa:

Michigan:

Minnesota:

Summary of factual data and analytical methodologies

The department relied on the following sources to draft the proposed rule and to determine the impact on home health agencies.

• The 2012 Economic Census – Wisconsin Geographic Series, compiled by the U.S. census bureau every 5 years for each year ending in “2” and “7” and contains the latest available economic data compiled on businesses located in Wisconsin.

• Criteria adopted by the department and approved by the Wisconsin Small Business Regulatory Review Board to determine whether the department’s proposed rules have a significant economic impact on a substantial number of small businesses. Pursuant to the department’s criteria, a proposed rule will have a significant economic impact on a substantial number of small businesses if at least 10% of the businesses affected by the proposed rules are small businesses and if operating expenditures, including annualized capital expenditures, increase by more than the prior year’s consumer price index or reduces revenues by more than the prior year’s consumer price index. For the purposes of this rulemaking, 2016 is the index year. The consumer price index is compiled by the U.S. Department of Labor, Bureau of Labor Statistics. The rate for hospital services is 6.0 percent. The rate for hospice, nursing home and facilities serving people with developmental disabilities is 3.7 percent.

• DHS databases including the ASPEN Information System which contains demographic, licensing, program, and compliance history of all hospitals, hospices, nursing homes and facilities serving people with developmental disabilities in Wisconsin.

• Data reported in the department’s, Division of Public Health, Bureau of Health Information Policy publication, Wisconsin Home Health

Agencies and Patients, 2005, (PPH 5354-05) February 2007.

Analysis and supporting documents used to determine effect on small business

All hospitals, hospices, nursing homes and facilities serving people with developmental disabilities are subject to chs. DHS 124, DHS 131, DHS 132, DHS 134, and ch. 50, Stats. If a health care provider participates as a provider in the Medicaid and Medicare programs, the health care provider is also subject to 42 CFR 482 for hospitals, 42 CFR 418 for hospices and 42 CFR 483 for nursing homes and facilities serving people with developmental disabilities. The department determined that hospitals, nursing homes and facilities serving people with developmental disabilities are not considered small businesses. However, there are 21 hospices in Wisconsin that provide in-patient care and would be subject to this proposed rule. The department determined that 3, or 14 %, of these hospices may be considered small businesses.

In addition, pursuant to s. 227.114 (2), Stats., the department considered the methods for reducing the impact of proposed rule revisions on small businesses. The department believes that proposed rule revisions will result in simplified and consistent compliance with the requirements.

Effect on small business

Based on the foregoing analysis, the rules are anticipated to have little to no economic impact on small businesses.

Statement on quality of agency data

The data sources used to draft the rules and analyses are accurate, reliable and objective and are listed in the Summary of Factual Data and Analytical Methodologies section of this rule order.

Agency contact person

Patricia Benesh

Patricia.Benesh@wisconsin.gov

Phone: (608) 264-9896

Place where comments are to be submitted and deadline for submission

Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin State Legislature’s Administrative Rules website http://docs.legis.wisconsin.gov/code.

RULE TEXT

SECTION 1. DHS 124.28 (2) is amended to read:

DHS 124.28 (2) Life safety code. Facilities shall meet the applicable provisions of the 2012 2000 edition of the Life Safety Code (LSC).

SECTION 2. DHS 131.38 (2) is amended to read:

DHS 131.38 (2) Life safety code. Facilities shall meet the applicable provisions of the 2012 2000 edition of the Life Safety Code (LSC).

SECTION 3. DHS 132.82 (1) is amended to read:

DHS 132.82 (1) Applicability. Facilities shall meet the applicable provisions of the 2012 2000 edition of the life safety code.

SECTION 4. DHS 134.82 (1) is amended to read:

DHS 134.82 (1) Applicability. Facilities shall meet the applicable provisions of the 2012 2000 edition of the life safety code.

SECTION 5. EFFECTIVE DATE: These rules shall take effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22 (2), Wis. Stats.