Summary of factual data and analytical methodologies
The department relied on requirements set forth in s. 49.45 (9r) (e), Stats. Analysis and supporting documents used to determine effect on small business
The department published a solicitation in the Administrative Register from September 6, 2022 to September 20, 2022, in which it requested comments on the economic impact of the proposed rule.
Effect on small business
Based on the economic impact public commenting period and the analysis provided in fiscal estimate and economic impact analysis, the proposed rule is anticipated to have little to no economic impact on small businesses.
Agency contact person
Statement on quality of agency data
The data used by the Department to prepare these proposed rules and analysis comply with s. 227.14 (2m), Stats. 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 notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
SECTION 1. DHS 107.24 (4) (c) 1. is amended to read:
DHS 107.24 (4) (c) 1. Oxygen. Prescriptions for oxygen shall provide the required amount of oxygen flow in liters;.
SECTION 2. DHS 107.24 (4) (c) 2. is renumbered DHS 107.24 (4) (c) 2. (intro.) and amended to read:
DHS 107.24 (4) (c) 2. Durable medical equipment which is personalized in nature or custom-made for a recipient and is to be used by the recipient on an individual basis for hygienic or other reasons. These items are orthoses, prostheses including hearing aids or other assistive listening devices, orthopedic or corrective shoes, special adaptive positioning wheelchairs and electric wheelchairs and complex rehabilitation technology. For coverage and reimbursement of a special adaptive positioning wheelchair or electric wheelchair shall be justified by the diagnosis and prognosis and the occupational or vocational activities of the resident recipient; and , complex rehabilitation technology shall be prescribed by a physician, require prior authorization to establish medically necessity, and meet all complex rehabilitation standards under sub. (3) (i). In order to be covered for a recipient who is a nursing home resident, the complex rehabilitation technology shall do at least one of the following:
SECTION 3. DHS 107.24 (4) (c) 2. a. to c. are created to read:
DHS 107.24 (4) (c) 2. a. Contribute to the recipient’s independent completion of activities of daily living.
b. Support the recipient’s occupational, vocational, or psychosocial activities.
c. Provide the recipient the independent ability to move about the facility, or to attain or retain self-care.
SECTION 4. DHS 107.24 (4) (c) 3. is repealed.
SECTION 5. Effective date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats. Wisconsin Department of Health Services
Kirsten Johnson, Secretary-designee
