Scope Statements
Health Services
Family and Economic Security, Chs.
DHS 101—153
The Governor approved this statement of scope for permanent rules on June 12, 2014.
Rule No.
Relating to
Grants for workplace wellness programs.
Rule Type
Permanent.
Type of Statement of Scope
Original (revised).
1. Finding/Nature Of Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rules is to create a process for providing grants under s.
250.21, Stats., as created by
2013 Wisconsin Act 137, to businesses with 50 or fewer employees that provide workplace wellness programs for their employees.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives
Section
250.21, Stats., requires the department to award to businesses with 50 or fewer employees, one time grants for up to 30% of the costs, excluding amounts paid to acquire, construct, rehabilitate, remodel, or repair real property, paid during the year, to provide for its employees, a workplace wellness program defined under s.
250.21 (1) (c), Stats., as a health or fitness program that includes health risk assessments and one or more of the following programs or services:
• Chronic disease prevention.
• Weight management.
• Stress management.
• Worker injury prevention programs.
• Health screenings.
• Nutrition education.
• Health or fitness incentive programs.
• Vaccinations.
• Employee physical examinations.
The legislature under s.
250.21 (3), Stats., provides that the maximum amount that the department award to all applicants in any fiscal year is $3,000,000. Section
250.21 (3), Stats., further provides that the department may not award grants for workplace wellness programs in existence before March 15, 2014, and sunsets grant disbursements on December 31, 2018.
The department is required under s.
250.21 (4), Stats., to establish rules to administer workplace wellness program grants. The department proposes to establish, by rule, an application process, application review criteria, and an appeal process for applications that are not approved.
There are no reasonable alternatives to the proposed rulemaking. Section
250.21, Stats., requires the department to promulgate rules to administer the workplace wellness program grants.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
(2) WORKPLACE WELLNESS PROGRAM GRANTS. Subject to the limitations provided under sub. (3) and after the department's approval of the application, from the appropriation account under s.
20.435 (1) (bn), the department shall award a grant to each applicant who provides a workplace wellness program to any of the applicant's employees who are employed at a small business in this state in an amount not to exceed 30 percent of the amount that the applicant paid during the year to provide such a program, not including any amount paid to acquire, construct, rehabilitate, remodel, or repair real property.
(3) LIMITATIONS. The maximum amount of the grants that may be awarded to all applicants in any fiscal year is $3,000,000. No applicant may be awarded a grant under this section for a workplace wellness program in existence before March 15, 2014. No applicant may be awarded more than one grant under this section. No grants may be awarded under this section after December 31, 2018.
(4) ADMINISTRATION. A person wishing to receive a grant under this section shall apply for a grant in the manner prescribed by the department. An applicant shall include with the application an itemized list of the applicant's expenditures for providing a workplace wellness program. The department shall promulgate rules to administer this section.
Section 227.11 (2) (a), Stats. reads: Rule-making authority is expressly conferred on an agency as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that it will take approximately 80 hours to develop the proposed rules. This includes the time required for research and analysis, coordinating advisory committee meetings, rule drafting, preparing any related documents, holding a public hearing, and communicating with affected persons and groups.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rules will impact businesses with 50 or fewer employees that choose to establish a workplace wellness program and apply for a grant, and the employees of such businesses.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There appear to be no existing or proposed federal regulations that address the activities to be regulated by the rules.
8. Anticipated Economic Impact of Implementing the Rule
The proposed rules are anticipated to have little or no economic impact if promulgated.
Contact Person
Jon Morgan, Department of Health Services, Chronic Disease Prevention Unit,
Jonathon.morgan@wi.gov, 608-266-9781.
Susan Uttech, Department of Health Services, Bureau Director, Community Health Promotion, susan.uttech@ wi.gov, 608-267-3561.
Public Service Commission
(PSC Docket # 1-AC-247 )
This statement of scope was approved by the governor on June 23, 2014.
Rule No.
