Michigan does not have a program similar to Family Care.
Minnesota
Minnesota does not have a program similar to Family Care.
Summary of factual data and analytical methodologies
In response to questions concerning the role of resource center disability benefit specialists in protective services, the department reviewed and analyzed its administrative rules and policies and determined that changes were needed to ensure that its administrative rules reflect its responsibilities to coordinate and maintain a protective service system for elder adults and adults-at-risk.
Small Business Impact
The rules do not affect businesses.
Small business regulatory coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
There is a potential increase in costs to counties that would be associated with counties responding to additional reports of abuse, neglect, or financial exploitation generated as a result of disability benefit specialists being able to make such reports. However, it is expected that this impact would be minimal since many other parties can report such incidents so that the impact of this change would only likely affect the timing and source of the report.
Agency Contact Person
Jane A. Raymond, Advocacy & Protection Systems Developer
Department of Health Services
DLTC/Bureau of Aging and Disability Resources
1 West Wilson Street, Room 450
Madison, WI 53702
608-266-2568
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed above. 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 Tuesday, February 3, 2009.
Text of Proposed Rule
SECTION 1. DHS 10.23 (2) (d) 2., is amended to read:
DHS 10.23 (2) (d) 2. Notwithstanding sub. (7) (b), a benefit specialist may not disclose information about a client without the informed consent of the client, unless required by law
or as permitted under ss. 55.043 (1m) (br) or 46.90 (4) (ar), Stats.
Notice of Hearings
Health Services
NOTICE IS HEREBY GIVEN that pursuant to section
49.45 (2) (a) 11., Stats., the Department of Health Services will hold public hearings to consider the amendment of Chapter
DHS 105, relating to benefits covered by the Wisconsin Medical Assistance program. The proposal relates specifically to the Department of Health Services allowing federally recognized American Indian tribes and bands in Wisconsin to be certified by Wisconsin Medicaid as providers of personal care services.
Hearing Information
Date and Time
|
Location
|
February 3, 2009
Tuesday
1:00 to 3:00 p.m.
|
500 Forest Street
Marathon County Courthouse
Corporation Counsel Conference
Room
Wausau, WI
|
February 4, 2009
Wednesday
10:00 a.m. to Noon
|
1 West Wilson Street
State Office Building
Room B-139
Madison, WI
|
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.
Analysis Prepared by Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
49.45 (2) (a) 11., Stats., requires the Department to promulgate rules establishing criteria for certification of providers of medical assistance.
Related statute or rule
Section
49.45 (42), Stats., describes the circumstances under which personal care services are paid for by Wisconsin Medicaid.
Plain language analysis
The Department proposes to amend ch.
HFS 105 to allow federally recognized American Indian tribes and bands in Wisconsin to be certified by Wisconsin Medicaid as providers of personal care services. The proposed amendments would increase the number of providers available in Wisconsin to provide personal care services.
The Department believes that the proposed change is necessary in order to allow tribal government agencies to become personal care agencies, thereby providing tribal members access to culturally sensitive personal care providers in their own communities.
Comparison with federal regulations
The section of the Code of Federal Regulations which provides the regulatory authority to provide personal care services under the Medicaid program is
42 CFR § 440.167. The federal regulations are less detailed than the proposed rule and existing Wisconsin regulations concerning personal care services provided to Medicaid recipients.
Comparison with rules in adjacent states
Illinois
Wisconsin offers personal care as an optional Medicaid state plan service, but Illinois does not. Illinois does offer some types of personal care services under waivers.
Iowa
Wisconsin offers personal care as an optional Medicaid state plan service, but Iowa does not. Iowa does offer some types of personal care services under waivers.
Michigan
Both Michigan and Wisconsin offer personal care as an optional Medicaid state plan service.
Minnesota
Both Minnesota and Wisconsin offer personal care as an optional Medicaid state plan service.
Summary of factual data and analytical methodologies
The Home Care Consumer Advisory Committee and the Home Care Advisory Committee advise the Department on issues relating to home health care.
Small Business Impact
The proposed change does not affect small business.
Fiscal Estimate
The rule will provide the authority for the Department to certify federally recognized American Indian tribes in Wisconsin as providers of personal care services under Wisconsin Medicaid. The proposed amendment will allow a new category of agency to be certified as a provider of personal care services under the Wisconsin Medicaid program, thus increasing the number of providers available in Wisconsin to provide personal care services. To the extent there is a fiscal impact, it will result from increased utilization of these services due to the increased availability of providers.
Agency Contact Person
Al Matano
Division of Health Care Access and Accountability
P.O. Box 309
Madison, WI 53702
608-267-6848
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed above. 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 Wednesday, February 18, 2009.
Text of Proposed Rule
SECTION 1. DHS 105.17 (1) (intro.) is amended to read:
DHS 105.17 (1) (intro.).
Requirements. For MA certification, a personal care provider shall be a home health agency licensed under s.
50.49, Stats., and ch.
DHS 133, a county department established under s.
46.215,
46.22 or
46.23, Stats., a county department established under s.
51.42 or
51.437, Stats., which has the lead responsibility in the county for administering the community options program under s.
46.27, Stats.,
or an independent living center as defined in s.
46.96 (1) (ah), Stats.
, or a federally recognized American Indian tribe or band in Wisconsin. A certified provider shall:
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
NOTICE IS HEREBY GIVEN That pursuant to ss.
227.11 (2) (a) and
285.11 (1) and
(6), Stats., the Department of Natural Resources will hold a public hearing on creating and amending rules in ss.
NR 421.07 and
439.075, Wis. Adm. Code, relating to the application of reasonably available control technology for volatile organic compound emissions from certain operations within the synthetic organic chemical manufacturing industry. The State Implementation Plan developed under s.
285.11(6), Stats., is revised.
Hearing Information
The hearing will be held on:
January 28, 2009 Rooms 140-141
Wednesday DNR Southeast Region Headquarters
at 1:30 P.M. 2300 North Dr. Martin Luther King
Jr. Drive
Milwaukee
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at 608-266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded at
http://adminrules.wisconsin.gov (Use the Search tab at the top of the page and search for AM-23-08). If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge from Robert Eckdale, Rules Coordinator, DNR, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2856.
Submission of Written Comments
