The Wisconsin Department of Health Services proposes an order to: repeal DHS 10.36 (2) (b) and (Note), 10.62 (1) (b) (intro.), 1., and 2., (3) (a) and (b), 82.06 (2m) (Note), 101.03 (7), (30), (78s), (170s), (172s), 102.01 (5) (h), 102.03 (3) (c), 103.03 (1) (f) 5., 103.04 (5) (b) to (e), 103.05 (1) (c) to (e), (5) (a), 103.085 (1) (d) 5., (e) 1., (2), (4) and (5), 103.087 (1) (b) 3., (d) 1. and 2., (e), Table 103.087, 103.09 (3) (a), 103.11 (1) (c) 5. (Note), 107.06 (3) (b) 1., 107.09 (4) (L) and (Note), 107.11 (5) (t), 107.13 (2) (a) 6. and 7., and (b), (3) (a) 4. and 7. and (b), 108.02 (9) (d) 3. b., (11) (a) (Note), (12) (f) 2. and (Note), (15) (a) (Note), 108.03 (4), 116.03 (13), 118.02 (2) (b) and (c), 118.03 (13) and (14), 150, 163 Appendices A to I, 182.03 (8), 251.03 (6); renumber DHS 10.33 (1) (a) to (d), 103.05 (5) (b), 103.11 (1) (d); renumber and amend DHS 10.62 (1) (intro.), 10.62 (3) (intro.), 101.02 (129m), 102.03 (3) (d), 103.03 (2), 103.09 (3) (b), 103.11 (1) (intro.), (1) (a) to (c); consolidate, renumber, and amend DHS 103.04 (5) (title) and (a), 103.087 (1) (d) (title) and 1.; amend DHS 1.065 (1) (b), (3) (intro.), 10.11 (intro.), (1) and (7), 10.12 (8), 10.13 (3), (16), 10.21 (1) (a), 10.23 (3) (a) 2. c., (6) (a) 2. (intro.) and a., 10.31 (1) (a), 10.33 (2) (c) (title), 2. to 5., (d) (title) and (intro.), 10.36 (1) (a) and (b) (intro.), 10.74, 13.05 (4) (c), 40.07 (2) (a) 2., 82.06 (2m), 83.24 (3) (a), 83.30, 89.26 (3) (c) 2., 89.27 (3) (d), 89.29 (1m), 89.32 (12), 89.35 (3), 89.52 (1), 101.03 (1), (6), (8), (15), (17r), (17t), (17w), (20), (23), (38), (41) (intro.), (a), (b), (c) 1. to 6., (52), (65), (94r), (95), (96), (97), (149m), (152m), 102.01 (intro.), (1), (5) (a), (b) (intro.), 1., 2. (intro.), and a. to d., 102.03 (1), (3) (intro.), (a), (b), 102.03 (3) (e), (f), (g), (h), 102.04 (3) (intro.), (a) to (d), 103.01 (1) (a), 103.01 (1) (title), (a), (b) (title), (intro.), 1. and 2., 103.03 (1) (b) 3. and 4., 103.03 (1) (f) (title), (intro.), and 1., 3. (intro.), 5. (intro.), c., 6., 8., (4) (a) 1. and 2., (b), 103.04 (1) (b), (2), (3) (a) and (b), 103.04 (6) (title), (a), and (b), 103.04 (1) (intro.) and (a), 103.06 (15) (a), 103.07 (1) (b) (intro.) and 1., (2) (g), 103.08 (2) (a) 2., (b), (c) 1. to 3., 103.085 (title), (1) (a), (b) 1. to 4., (1) (c), Table 103.085, (d) 1., (e) (intro.) and 2., (f), , (3) (a), (b) (intro.), (c) 1., 103.087 (1) (b) 1. and 2., (c) 1. and 4., (f) 2., (g) 5., (i) 2., 103.09 (3) (c), 103.11 (title), (1) (title), (2) (a) (intro.), (a) 2., (b) to (d), 104.01 (9) (b) 2. g., (12) (a) 1. (intro.) and c. to q., 105.075, 105.34 (intro.), 107.112 (2) (a), 107.113 (2) (intro.) and (a), (3) (a), (4) (f), 107.12 (1) (b), (c), (d) 1. and 2., (e) 1., and (4) (a), 107.24 (2) (c) 1., 4. to 6., 108.02 (9) (d) (title) 1., 2. (intro.) and a. to d., 3. (intro.) and a., c., (10) (intro.) and (a), (b), (c) 1. a. to c., 2., 6., (d), (11) (a), (12) (a) 2., 4., 5., (b) 2. a. to c., (15) (a), 116.02 (2) to (4), 116.03 (11) and (12), 116.04 (1), (2) (a) (intro.) and 1. and 2., (b), (c) (3) (a) and (Note), (4), (5) (c) and (d), 118.02 (2) (a), (e), 118.03 (16) (g) and (h), (25) (intro.) and (a) and (b), and (28) to (30), 118.06 (3) (b) 1. a. (Note), 118.07 (1) (a) to (c), and 118.09 (2) (title) and (b), and (3) (intro.), 124.09 (6) (b), 124.39 (3) (b), 132.13 (4) (intro.), 134.13 (9) (intro.), 134.52 (2) (c), 143.68 (2), 153.02 (17), 163.03 (61), 182.03 (10); repeal and recreate DHS 102.01 (4), (7), 102.04 (1), 103.03 (1) (f) 2., 3. a. and b., 4., 103.04 (7), 103.05 (1) (b), 103.085 (3) (b) 1. to 3., (c) 2., 103.087 (1) (f) 1., 103.09 (2), 103.11 (2) (a) 1., 104.01 (12) (a) 1. a. and b., 107.11 (2), 107.113 (1), 118.03 (11); create DHS 10.11 (1m), 10.13 (14s), 10.23 (6) (a) 2. f. and g., 10.33 (1) (a) and (b), 10.42 (2) (am), 10.43 (2) (k), 101.03 (38m), 101.02 (129m) (a) to (c), 102.03 (1g), (1r), 102.03 (3) (d) 1. and 2., 102.03 (3) (j), 102.035, 102.036, 102.04 (5), 103.01 (1) (c) and (d), 103.01 (3), 103.03 (1) (b) 2m., 103.03 (1) (b) 5. to 8., (f) 2m., 103.03 (1) (f) 3. c. and d., 3m., 4g., 4r., (fm), (2) (a) to (e), (2m), (4) (a) 3. to 5., 103.04 (3) (bg) to (br), (8) (b) 4.,103.085 (1) (b) 5., 103.085 (1) (cm), (3) (c) 3., 103.087 (1) (f) 2., bm., (h) 3. e., 103.09 (3) (b) 1. and 2., 103.11 (1e), (1m), and (1s), (2) (bm), 107.11 (2m), 108.02 (9) (d) 4. to 8., 116.04 (3) (Note 2), 118.03 (10d), (10j), relating to the 2021 biennial review of rules under s. 227.29, Stats. RULE SUMMARY
Statutes interpreted
Statutory authority
DHS 82: Sections 50.02 (2) (am) 1. and 227.11 (2), Stats.
DHS 118: Sections 256.25 (2) and 227.11 (2), Stats.
DHS 163: Sections 250.04 (7), 250.041, 254.115, 254.15, 254.167, 254.172, 254.176 (1) and (3), 254.178 (2), and 254.179, and 227.11 (2), Stats. Explanation of agency authority
Under s. 227.29 (1) (a) to (e), Stats., the Department is required to complete an agency review of rules and enactments on a biennial basis and make changes to: unauthorized rules, as defined in s. 227.26 (4) (a), together with a description of the legislation that eliminated the agency's authority to promulgate any such rule; rules for which the authority to promulgate has been restricted, together with a description of the legislation that restricted that authority; rules that are obsolete or that have been rendered unnecessary, together with a description of why those rules are obsolete or have been rendered unnecessary; rules that are duplicative of, superseded by, or in conflict with another rule, a state statute, a federal statute or regulation, or a ruling of a court of competent jurisdiction, together with a citation to or the text of any such statute, regulation, or ruling; or rules that the agency determines are economically burdensome. Explanation of agency authority for each rule chapter in the proposed rules is as follows:
DHS 1: Chapter DHS 1 interprets s. 46.03 (18), Stats., which directs the Department to establish a uniform system of fees for certain services provided or purchased by the Department or certain county departments. The Department is also directed to make collections, determine ability to pay, enforce or compromise liability and to delegate some of these responsibilities to counties. Chapter DHS 1 is therefore necessary to effectuate the purposes of the interpreted statute and to comply with s. 227.10 (1) and (2m), Stats. DHS 10: Sections 46.286 (4) to (7), 46.287 (2) (a) 1. (intro.), 46.288, 50.02 (2) (d) direct the Department to implement rules for the family care, which is a Medicaid long-term care program that helps families arrange for appropriate long-term care services for family members for adults with physical or developmental disabilities. The rules include financial eligibility criteria and cost sharing requirements. DHS 13: Section 140.40 (4g) and (4r), Stats., direct the Department to protect clients served in specified Department-regulated programs by establishing a process for reporting allegations of abuse or neglect of a client or misappropriation of client's property to the Department, establishing a process for the investigation of those allegations and establishing the due process rights of persons who are subjects of the investigations. DHS 40: Section 51.42 (7) (b), Stats., directs the Department to promulgate rules governing the provision of community mental health services. The Department determines and monitors standards and requirements to administer services for community mental health, developmental disabilities, alcoholism, and drug abuse. DHS 82: Section 50.02 (2) (am) Stats., directs the Department to establish certification standards for the operation of adult family homes in order to protect and promote the health, safety, and welfare of persons residing in and receiving care and maintenance in those homes. DHS 83: Section 50.02 (2), Stats., directs the Department to develop and establish regulations and standards for the care, treatment or services, and health, safety, rights, welfare, and comfort of residents in community-based residential facilities. DHS 89: Section 50.034, Stats., directs the Department to establish standards and procedures for the certification or registration of residential care apartment complexes in order to promote the health and safety of persons residing in and receiving services from those facilities. DHS 101–108: Section 49.45 (10) Stats., permits the Department to establish rules for the purpose of administering medical assistance in Wisconsin. Eligibility for BadgerCare under s. 49.665, Stats., was superseded by BadgerCare Plus under s. 49.471(3) (a), Stats. Section 49.471, Stats., includes requirements for implementing BadgerCare Plus, and s. (12) (a) 1., Stats., permits the Department to “promulgate any rules necessary for and consistent with its administrative responsibilities under this section, including additional eligibility criteria.” DHS 116: Section 253.12 (3) (a), Stats., gives the Department authority to promulgate rules to implement the Wisconsin birth defect prevention and surveillance system established by s. 253.12, Stats. DHS 118: Section 256.25 (2), Stats., directs the Department to promulgate rules to develop and implement a statewide trauma care system. DHS 124: Section 50.36 (1), Stats., requires that the Department use and enforce the conditions for Medicare participation for hospitals as the minimum standards that apply to hospitals, and permits the Department to promulgate, adopt, amend, and enforce additional rules and standards for the construction, maintenance, and operation of hospitals that are necessary to provide safe and adequate care and treatment of hospital patients and to protect the health and safety of patients and employees. DHS 134: Sections 50.02 (2) and (3), Stats., give the Department authority to promulgate rules to provide conditions of licensure for facilities that primarily serve people with developmental disabilities who require active treatment. DHS 150: Section 250.21 (4), Stats., directs the Department to promulgate rules to administer granting grants from the appropriation under s. 20.435 (1) (bn), Stats., to reimburse small businesses for cost incurred in establishing a workplace wellness program for those employed in Wisconsin. DHS 153: Sections 49.685 (8) (c) and 49.687 (1), Stats., direct the Department to promulgate rules to implement a program of reimbursement for the cost of blood products and supplies for use in the home care of residents of Wisconsin who have hemophilia. DHS 163: Section 254.172, Stats., permits the Department to promulgate rules governing lead hazard reduction that the Department determines are consistent with federal law. Section 254.176, Stats., allows the Department to establish by rule certification requirements for any person who performs lead hazard reduction or lead management activity or who supervises the performance of any lead hazard reduction or lead management activity. Section 254.178, Stats., requires that the Department promulgate rules establishing requirements for the accreditation of lead training courses and approval of lead instructors. Section 254.179, Stats., requires the Department to promulgate rules for certifying dwellings as lead-safe or lead-free, including the standards that must be met for issuance of a lead-free or lead-safe certificate and the period of validity of the certificate. DHS 182: Section 254.151, Stats., directs the Department to promulgate rules to establish criteria and procedures for the award of annual project grants from appropriations under s. 20.435 (1) (ef), Stats., to local health departments or non-profit agencies working in collaboration with local health departments on projects aimed at preventing lead poisoning or exposure to lead. DHS 251: Section 49.02 (7m), Stats., directs the Department to promulgate rules to provide: (1) Procedures for a county relief agency to obtain a relief block grant; (2) Standards for county relief agencies to follow in making eligibility determinations under s. 49.015, Stats.; (3) Standards for waiver of an eligibility requirement under s. 49.015 (3) (b), Stats.; and (4) Procedures for appealing eligibility determinations. Related statute or rule
Sections 227.11 (2) and 227.29, Stats. Related state and federal statutes or rules are cited, as applicable, in the plan language analysis for each rule chapter. Plain language analysis
The Department has identified needed administrative rule changes under s. 227.29, Stats., and based on information provided to the Department by the Legislative Reference Bureau. The Department proposes to make changes to all of the rules identified below. DHS 1, relating to uniform fees, liability and collections:
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