Scope Statements
Commerce
Subject
Revises Chapter
Comm 34, relating to zip lines — amusement rides.
Objective of the Rule
The objective of the rule is to update chapter Comm 34, Amusement Rides, to include minimum standards for the design, construction, operation and maintenance of zip lines to reflect current industry safety practices.
Policy Analysis
To protect public safety and health, Chapter
Comm 34 establishes minimum standards and practices for the design, construction, installation, operation, inspection and maintenance of amusement rides. The code also specifically addresses bungee jumping operations and go-kart, dune buggy and all-terrain vehicle operations, but it does not address zip lines, which typically consist of a pulley suspended on a cable mounted on an incline. Zip lines are designed to enable a user propelled by gravity to traverse from the top to the bottom of the inclined cable, usually made of stainless steel, by holding on or attaching to the freely moving pulley. The provisions of chapter Comm 34 apply retroactively to existing amusement rides.
The alternative of not revising the code would result in no rules and not being up-to-date with current industry practices, therein, possibly exposing zip line riders to potential safety and health risks.
Statutory Authority
Entities Affected by the Rule
The rule will affect any entity, private or public, that owns and operates existing zip lines, including those that are part of larger rope courses. The rule will also affect any entity which proposes to design and install a new zip line either individually or as part of a rope course.
Comparison with Federal Regulations
The US Consumer Product Safety Commission under the Consumer Product Safety Act has jurisdiction over portable amusement rides. The commission has not developed any specific standard for portable amusement rides. At times the commission has issued various safety bulletins regarding operation, repair, maintenance or set-up for specific rides, but a web search found nothing related to zip lines or rope courses.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 200 hours will be needed to perform the review and develop any needed rule changes. This time includes forming and meeting with an advisory council, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Health Services
(Formerly Health and Family Services)
Management, Technology and Strategic Finance,
Chs.
HFS 1—
Subject
Revises Chapter
HFS 10, Family Care, relating to confidentiality requirements prohibiting disclosure of personally identifying information about a client without the client's informed consent.
Policy Analysis
Chapter
HFS 10, is the department's rule that guides the implementation of the department's Family Care program. Included in these provisions are standards for confidentiality which prohibit disability benefit specialists from disclosing personally identifying information about a client without the client's consent unless required by law. Because disability benefit specialists are permissive reporters, and thus not required to report abuse, neglect, or financial exploitation of elder adults and adults at risk under ss.
46.90 (4) (ar) or
55.043 (1m) (br), Stats., s.
HFS 10.23 (2) (d) 2., effectively prevents disability benefit specialists from making such disclosures.
The department's responsibilities for adult protective services are outlined under s.
55.02, Stats., and include requirements for the department to develop and operate a coordinated, statewide system for protective services and protective placements in cooperation with county departments. Section
55.01 (6r), Stats., defines protective services to include identification of individuals in need of services to keep the individual safe from abuse, neglect or financial exploitation.
The department intends to revise s.
HFS 10.23 (2) (d) 2., to add language that would permit disability benefit specialists to report abuse, neglect, or financial exploitation of elder adults and adults-at-risk without violating that section's non-disclosure provisions.
Statutory Authority
Entities Affected by the Rule
Elder adults and disabled adults, aging and disability resource centers, counties, elder adults/adults-at-risk agencies, and disability benefit specialists and their supervising attorneys.
Comparison with Federal Regulations
42 USC 3058i (b)
8 (A), directs the state Unit on Aging (DHS/Bureau of Aging and Disability Resources) to promote the development of an elder abuse, neglect, and exploitation (ANE) to, among other requirements, include administrative procedures as may be necessary or appropriate to ensure that the state will deal effectively with ANE cases in the state and, to coordinate the programs with other state and local programs and services for the protection of vulnerable adults, including adult protective services.
Estimate of Time Needed to Develop the Rule
40 hours
Contact Person
Jane Raymond
Bureau of Aging and Disability Resources
608-266-2568
Insurance
Subject
Revises sections
Ins 17.01 (3),
17.28 (3) (c) and
(6), Wis. Adm. Code, relating to fiscal 2010 fund fees, provider classifications, and mediation panel fees and affecting small business.
Objective of the Rule
To establish the annual fees that participating health care providers must pay to the Injured Patients and Families Compensation Fund as required by s.
655.27 (3), Wis. Stat., for the fiscal year beginning, July 1, 2009. The proposed rule will update the listing of provider specialities (ISO Codes) by assessment class and will establish the mediation panel fees for fiscal year 2010 commencing July 1, 2009.
Policy Analysis
Existing policies are set forth in the statutes cited in the next section and in the rules themselves.
Statutory Authority
Entities Affected by the Rule
All health care provider participants in the Fund as set forth in s.
655.002 (1), Wis. Stats.
Comparison with Federal Regulations
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Estimate of Time Needed to Develop the Rule
100 hours estimated state employee time to promulgate this rule; other resources will include the review and recommendation of the board's actuarial committee based on the analysis and recommendation of the fund's actuaries and the director of state courts.
Insurance
Subject
Revises section
Ins 17.26 (3) (c), Wis. Adm. Code, relating to future medical expense accounts.
Objective of the Rule
