Rule-Making Notices
Notice of Hearing
Health Services
Management and Technology and Strategic Finance,
Chs. DHS 1—
NOTICE IS HEREBY GIVEN that pursuant to sections
46.288 (1)
and
227.11 (2) (a)
, Stats., the Department of Health Services will hold a public hearing on its emergency order and corresponding proposed permanent order revising Chapter
DHS 10
, relating to the confidentiality requirements of the Family Care program that prohibit benefit specialists from disclosing personally identifying information about a client without the client's informed consent unless required by law.
Hearing Information
Date and Time
|
Location
|
January 27, 2009
Tuesday,
10:00 a.m. to Noon
|
Department of Health Services
1 West Wilson Street
Room 630
Madison, WI 53703
|
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
Statutes interpreted
Statutory authority
Explanation of agency authority
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 is required under s.
46.288 (1)
, Stats., to promulgate as rules prescribing the standards for performance by resource centers and for certification of care management organizations, including requirements for maintaining quality assurance and quality improvement. Section
227.11 (2) (a)
, Stats., provides the department, as a state agency, with general rulemaking authority interpreting the provisions of any statute enforced or administered by the department if the department considers it necessary to effectuate the purpose of the statute.
Related statute or rule
See the "Statutes interpreted" and "Statutory authority" sections.
Plain language analysis
Chapter
DHS 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)
and
55.043 (1m) (br)
, Stats., s.
DHS 10.23 (2) (d) 2.
, effectively prevents disability benefits specialists from making such disclosures.
In the emergency order, and the corresponding proposed permanent order, the department has revised s.
DHS 10.23 (2) (d) 2.
, by adding language that would permit disability benefit specialists to report abuse, neglect, or financial exploitation of elder adults or adults-at-risk without violating that section's non-disclosure provisions.
Amending s.
DHS 10.23 (2) (d) 2.
, to allow disability benefit specialists to report abuse, neglect, or financial exploitation under ss.
46.90 (4) (ar)
and
55.043 (1m) (br)
, Stats., would help to ensure that elder adults and adults-at-risk who may have been abused, neglected, or financially exploited are brought to the attention of the abuse, neglect and exploitation response systems outlined under ss.
46.90
and
55.043
, Stats.
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.
Comparison with rules in adjacent states
Illinois
Illinois does not have a program similar to Family Care.
Iowa
Iowa does not have a program similar to Family Care.
Michigan
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
Medical Assistance, Chs. DHS 100—
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
Comments on the proposed rule must be received on or before Monday, February 9, 2009. Written comments will have the same weight and effect as oral statements presented at the public hearing. Written comments and questions on the proposed rules may be submitted to:
William Adamski
DNR, Bureau of Air Management (AM/7)
101 S Webster Street
Madison, WI 53703
Phone:
608-266-2660
Fax:
608-267-0560
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Related statute or rules
Several sections of the proposed rule reference similar federal requirements for the same emission source categories as New Source Performance Standards (NSPS) adopted by the Department in ss.
NR 440.675
,
440.868
and
440.705
, Wis. Adm. Code. These references are used because many of the federal control requirements necessary in the proposed rule are identical to the NSPS requirements.
Plain language analysis
Section 182(b)(2) of Clean Air Act requires implementation of reasonably available control technology (RACT) for sources of volatile organic compounds (VOC) emissions in moderate and worse ozone nonattainment areas, for which EPA has published Control Technology Guidelines (CTGs — "guidance").
These requirements include that Wisconsin promulgate VOC RACT rules which are based on EPA guidance for facilities classified as synthetic organic chemical manufacturing industry (SOCMI) that have air oxidation or distillation and reactor processes. The DNR is proposing a VOC RACT rule that would regulate these SOCMI VOC emission categories in Wisconsin's ozone nonattainment areas. Several sections of the proposed rule reference identical federal requirements contained in the NSPS for these source categories, which the Department has already adopted into ch.
NR 440
, Wis. Adm. Code.
Comparison with federal regulations
The proposed rule will modify the Department's ozone state implementation plan (SIP) to meet the requirements of the federal Clean Air Act and to clarify other state requirements. Portions of the proposed rule reference similar federal requirements contained in the NSPS for these source categories, which the Department has adopted in ch.
NR 440
, Wis. Adm. Code.
Comparison with similar rules in adjacent states
The proposed rule is based on requirements established in the federal Clean Air Act for states that have ozone nonattainment areas. Iowa and Minnesota have no ozone nonattainment areas. Illinois' requirements are similar to the proposed rule. Michigan has adopted the NSPS for SOCMI source categories into its own regulations.
Summary of factual data and analytical methodologies
The DNR has already adopted federal regulations that establish VOC emission control requirements for NSPS facilities classified as SOCMI air oxidation, distillation and reactor operations. Much of the EPA guidance that the DNR must follow in its proposed VOC RACT rulemaking for SOCMI facilities is identical to these federal regulations. Consequently, appropriate portions of the proposed SOCMI VOC RACT rule reference those portions of ch.
NR 440
, Wis. Adm. Code, that are identical to EPA RACT guidance.
Analysis and supporting documents used to determine the effect on small business
EPA's guidance for the SOCMI VOC controls does not include any discussion on the regulations potential impact on small business. It is not anticipated that the proposed rule will have an effect on small businesses. An economic impact report was not requested for the proposed rule.
Small Business Impact
Any SOCMI facility would require a minimum of 100 tons VOC emissions per year (maximum theoretical) in order to be subject to the proposed rule. Any small business that is classified a SOCMI facility would likely not meet this relatively high emissions total criteria. Consequently, the proposed rule will likely have no effect on small businesses.
The position of Small Business Regulatory Coordinator is currently vacant. If you have questions on the impact of these rules on small businesses, please contact Robert Eckdale by E-mail at
Robert.Eckdale@wisconsin.gov
or by phone at 608-266-2856.
Environmental Impact
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150
, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Fiscal Estimate
Summary
The Department proposes an administrative rule in ch.
NR 421
, Wis. Adm. Code, to establish reasonably available control technology (RACT) requirements for VOC emissions for air oxidation, distillation and reactor operations at SOCMI facilities classified as major VOC sources in Wisconsin's ozone nonattainment areas. A major SOCMI facility for VOC RACT purposes is defined as having maximum theoretical emissions of 100 tons or more of VOCs per year.
According to the US EPA's VOC RACT guidelines for these SOCMI categories (reactor and distillation: published in 1993, air oxidation: published in 1984) – the cost of installing, operating and maintaining control devices for VOC emissions (amortized over 10 years) would range between $800 and $4,000 per ton of VOC emissions reduced [Note: these cost estimates have not been adjusted for inflation since their original guideline publication dates].
In 2007 a Department investigation identified no facilities that would be subject to a proposed SOCMI VOC RACT rule for air oxidation, distillation, or reactor operations. Nevertheless, this rule is being proposed to avoid potential EPA action in the event that any SOCMI facilities are identified in Wisconsin's ozone nonattainment areas in the future.
No local governments currently process the VOC waste streams from SOCMI air oxidation, distillation and reactor operations. Consequently, there would be no local government costs associated with implementing the proposed SOCMI VOC RACT rule.
The Department is also proposing a minor change to s.
NR 439.075 (2)
(c )3. j., Wis. Adm. Code, to reference s.
NR 440.705
, Wis. Adm. Code, to require compliance emission testing for VOCs at reactor operations.
State fiscal effect
Indeterminate
Local government fiscal effect
None
Fund sources affected
PRO
Affected Ch.
20
appropriations
Long-range fiscal implications
None
Agency Contact Person
Bill Adamski
608-266-2660
