2. Charge a tracking fee in accordance with the following table:
Table DOC 332.20
Income Category
|
Tracking Fee
|
<$800.00
|
$00.00
|
$800.00 - $1500.99
|
$50.00
|
$1501.00 - $2400.00
|
$120.00
|
>$2400.00
|
$240.00
|
a. The department shall publish adjustments to Table DOC 332.20 in the Wisconsin administrative register.
b. If the department proposes to make adjustment to the tracking fee by ten (10) percent or more, the department shall promulgate an administrative rule to make the adjustments. The department will not issue an emergency rule to implement the adjustments under this subsection before providing advance public notice of at least one month.
3. Establish a tracking fee schedule including the following:
a. A grace period for the initial tracking fee payment.
b. A deadline for receipt of each monthly tracking fee payment.
4. Approve procedures for the collection of tracking fees.
5. Provide the person who is required to pay a tracking fee with a copy of the tracking fee payment procedures.
6. Record all costs incurred as part of the tracking cost for monitoring a person on GPS tracking or PPS tracking.
7. Record all tracking fees paid by a person.
8. Provide the person with access to a copy of the record of payments to verify receipt of the payments.
9. Advise the person of nonpayment of tracking fees.
10. Credit the moneys collected to the appropriation account under s.
20.410 (1) (gk), Stats.
11. Audit the record of payments of tracking fees.
(4) Department action when a person on probation, parole, or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee and who is on probation, parole, or extended supervision fails to pay the tracking fee:
(a) Counseling.
(b) Wage assignment.
(c) Review of supervision or custody level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, increase in the security level of custody, or detention in a jail, correctional facility or house of correction.
(d) Issue a recommendation for revocation of parole, probation, or extended supervision for the person's willful failure to pay the tracking fee.
(e) Any other appropriate means of obtaining the tracking fee.
(5) Department action when a person not on probation, parole or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee but who is not on probation, parole, or extended supervision fails to pay the tracking fee:
(a) Wage assignment.
(b) Intercept of the person's Wisconsin income tax refund or Wisconsin lottery winnings.
(c) Submission of the debt to a state contracted collection agency.
(d) Any other appropriate means of obtaining the tracking fee.
Notice of Hearing
Health Services
NOTICE IS HEREBY GIVEN that pursuant to sections
256.15 (9m) and
(13) and
227.11 (2), Stats., Stats., and interpreting sections
256.15 (9m) and
227.11 (2), Stats., Stats., the Wisconsin Department of Health Services will hold a public hearing on its emergency rules and corresponding proposed permanent rules creating Chapter
HFS 119, relating to requiring emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators and to specify the content of the training, qualifications of providers, and frequency with which training is to be completed, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
December 11, 2008
1:00 to 2:00 PM
|
Department of Health Services
1 W. Wilson Street
Room B141
Madison, WI 53701
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov.
The deadline for submitting comments to the Department is 4:30 p.m. on December 11, 2008.
Analysis Prepared By the Department of Health Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
256.15 (13) (a) Stats., permits the department to promulgate rules necessary to administer s.
256.15 relating to licensing, certifying and training emergency medical services personnel.
Section
256.15 (9m), Stats., requires the department to promulgate rules that require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators. Section
256.15 (9m), Stats., also requires the department to specify, in rules, the content of the training, qualifications of providers, and frequency with which training is to be completed.
Section
227.11 (2), Stats., provides state agencies with general rulemaking authority.
Related statute or rule
Section 256.15 (6g), Stats., and chs. HFS 110, 111, 112, and 113 (soon to be renumbered DHS 110, 111, 112, and 113).
Plain language analysis
Section
256.15 (9m), Stats., requires the department to promulgate rules that require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators. Section
256.15 (9m), Stats., also requires the department to specify, in rules, the content of the training, qualifications of providers, and frequency with which training is to be completed.
Emergency medical services professionals already generally receive instruction on the use of automated external defibrillators as part of their standard training and certification. The requirements, however, are not in administrative rules.
Comparison with federal regulations
There appear to be no existing or proposed federal regulations that address the activities to be regulated under the proposed rules.
Comparison with rules in adjacent states
Iowa:
Iowa, under 131 IAC, requires emergency medical services personnel to maintain current written recognition given for training and successful course completion of CPR which includes training on the use of an AED.
Illinois:
Illinois, under 77 Ill. Adm. Code 525.300 and 525.400, requires the department of public health to approve courses that meet the course objectives for the American Heart Association or the American Red Cross courses and that require at least the same number of hours for completion. To be recognized as an AED user in Illinois the code requires an individual to be trained as an instructor in the use of AEDs, or be licensed to practice medicine in all its branches under Illinois statute. These requirements are comparable to the requirements under this rule where training in the use of an AED is to be provided by the American Heart Association, American Red Cross, and other organizations who have similar training objectives, except that the proposed rule does not require emergency medical professionals to be trained as instructors, or be licensed to practice medicine.
Michigan:
Michigan, under Mich. Adm. Code R. 325, requires emergency medical services personnel to have a department of community health-approved cardiac pulmonary resuscitation (CPR) program for a health care provider or highest equivalent level of training. This rule is similar to the training approved and required for emergency medical professional under the proposed rule. The training required under the proposed rule is at the professional level of training which is intended for persons in the health care field.
Minnesota:
Minnesota does not have administrative rules that are similar to the proposed rules.
Summary of factual data and analytical methodologies
Emergency medical services professionals are already required by the department to receive instruction on the use of AEDs as part of their standard training for licensure and certification. The requirements, however, are not in administrative rules. Section
256.15 (9m), Stats., requires the department to promulgate rules that require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators. Section
256.15 (9m), Stats., also requires the department to specify, in rules, the content of the training, qualifications of providers, and frequency with which training is to be completed.
Small Business Impact
The fiscal effect of the proposed rules on private and public sector ambulance service providers who employ emergency medical services professionals should be minimal, as the emergency medical professionals and instructors are already required by the department to receive the instruction required under s.
256.15 (9m), Stats. However, the fiscal effect may vary and depends on whether the provider or the individual pays for the course. Instruction on the use of AEDs is generally taught in a course that combines CPR and AED training. The cost of a certification course at one of the approved providers, e.g. the American Heart Association, American Red Cross, American Safety and Health Institute, American Academy of Orthopedic Surgeons, and Medic First Aid is approximately $50. Instruction is required at least every two years under the proposed rule.
Small business regulatory coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
The fiscal effect of the proposed rule on the department
is expected to be minimal. The fiscal effect of the proposed rules on private and public sector ambulance service providers who employ emergency medical services professionals should also be minimal, as the emergency medical professionals and instructors are already required by the department to receive the instruction required under s.
256.15 (9m), Stats. However, the fiscal effect is varied and depends on whether the provider or the individual pays for the course. Instruction on the use of AEDs is generally taught in a course that combines CPR and AED training. The cost of a certification course at one of the approved providers, e.g. the American Heart Association, American Red Cross, American Safety and Health Institute, American Academy of Orthopedic Surgeons, and Medic First Aid is approximately $50.
Copies of Proposed Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or from the department by contacting the person listed below.
Contact Person
Brian D. Litza, EMS Section Chief
1 W. Wilson St., Room 133
Madison, WI 53701
(608) 261-6870
Notice of Hearing
Military Affairs —
Wisconsin Emergency Management
NOTICE IS HEREBY GIVEN that pursuant to authority vested in Wisconsin Emergency Management and State Emergency Response Commission in ss.
227.17 and
227.18, Stats., Wisconsin Emergency Management will hold public hearings to consider an order adopting emergency rules and a permanent rule to amend ss.
WEM 1.03 and
1.04 (7) (a) to
(j) in order to establish fee revisions to facilities housing hazardous chemicals, hazardous substances and extremely hazardous substances as defined in s.
WEM 1.02 (5).
Hearing Information
The first hearing will be held:
Date: Thursday, December 18, 2008
Time: 9:30 a.m.
Location: Wisconsin Emergency Management
2400 Wright St.
Witmer Hall
Madison, WI 53704
The second hearing will be held:
