CR_09-117 Hearing to consider emergency and proposed permanent rules to create s. PI 8.01 (4), relating to waivers for school hours. EmR0936,  

  • B.   LTE cost savings of $22,900 (1040 hours x $22/hr = $22,880) for no longer having to review the quality control of the documents before sending them to the third-party contractor that converts paper copy submittals to the Department's electronic database.
    C.   Contractual savings of $45,000 for no longer needed to contract with a third-party entity for paper-to-electronic information conversion.
    D.   Postage savings of $6,000.
    E.   LTE cost savings of $22,900 (1040 hours x $22/hr = $22,880) for no longer having to scan WPDES facility plans and specifications to electronic copies for our database.
    In total, annual cost savings are estimated to be $103,100. State expenditures for staff will not increase to cover the program revisions, and there will be no reduction in state revenues associated with state cost decreases.
    For Plans and Specification submittals, most facilities hire consultants to do this work and they should have a computer or they could scan the documents and submit a CD of the plans with their paper copy submittal. Minor costs may be passed on to the permittee for this additional service.
    II. LOCAL GOVERNMENT FISCAL EFFECT
    All municipal WPDES permittees (979) are currently submitting their Compliance Maintenance Annual Report (CMAR) electronically as part of NR 208; therefore, this rule change has no fiscal effect at the local government level.
    III. PRIVATE SECTOR IMPACT
    The proposed rule package would require all industrial permittees to submit monthly reports electronically to our database.
    A.   One-Time Costs
    1.   The Department estimates that 50 industrial permittees do not have a computer and will be required to incur one-time costs to buy a computer. Estimated costs for the computer are $1,500 x 50 facilities = $75,000.
    2.   Once the industrial permittees go on-line and begin electronic report submittals, the Department estimates that they will achieve overall postal cost savings of $1,200 in the first year.
    B.   Annualized Costs
    1.   Annualized internet access costs for a new computer user to prepare electronic submittals are based on the estimated use per year: $360 year/facility x 50 facilities = $18,000.
    2.   Form completion costs should be the same as sending in a paper copy. It is estimated that it will take the same amount of time for the operator to fill out an electronic submission as they spend on a paper copy.
    State fiscal effect
    Decrease costs.
    Local government fiscal effect
    None.
    Fund sources affected
    GPR, FED.
    Agency Contact Person
    Susan Sylvester
    Phone:   608-266-1099
    Fax:   608-267-2800
    Notice of Hearing
    Public Instruction
    NOTICE IS HEREBY GIVEN That pursuant to ss. 118.38 (2) (bm) and 227.11 (2) (a) , Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency and proposed permanent rules creating section PI 8.01 (4) , relating to waiver of school hours.
    Hearing Information
    The hearing will be held as follows:
    Date and Time   Location
    February 1, 2010   Madison
    1:00 - 3:00 p.m.   GEF 3 Building
      125 South Webster Street
      Room 041
    The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Paul Sandrock, Director, Content and Learning, (608) 267-3726 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
    Copies of Rule and Contact Person
    The administrative rule and fiscal note are available on the internet at http://dpi.wi.gov/pb/rulespg.html . A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to lori.slauson@dpi.wi.gov or by writing to:
    Lori Slauson, Administrative Rules and Federal Grants Coordinator
    Department of Public Instruction
    125 South Webster Street
    P.O. Box 7841
    Madison, WI 53707
    Submission of Written Comments
    Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than February 5, 2010, will be given the same consideration as testimony presented at the hearing.
    Analysis Prepared by Department of Public Instruction
    Statute interpreted
    Sections 115.01 (10 ) (a) 2. and 3. and 118.38 (2) (bm), Stats.
    Statutory authority
    Sections 118.38 (2) (bm) and 227.11 (2) (a) , Stats.
    Explanation of agency authority
    Section 118.38 (2) (bm) , Stats., requires the department to promulgate rules establishing criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2. , Stats., if school is closed by order of a local health officer, department of health services, or school district administrator under s. 115.01 (10) (a) 2. or 3. , Stats.
    Section 227.11 (2) (a) , Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
    Related statute or rule
    Section 121.02 (1) (f) 2. , Stats.
    Plain language analysis
    2009 Wisconsin Act 42 allows school boards to meet the 180 school day requirement by including the following in the definition of "school day": 1) a school district administrator closing a school due to a threat to the health or safety of pupils or school personnel, unless the school board determines otherwise (this does not include days closed due to inclement weather) and 2) the department of health services (in addition to a local health officer) closing a school.
    Notwithstanding these provisions, a school board must still provide the required number of instructional hours under s. 121.02 (1) (f) 2. , Stats. Thus, the Act requires the department to promulgate rules establishing criteria for waiving the required number of hours of direct pupil instruction if a school is closed for either reason stated above.
    As required in the Act, the proposed rules will establish criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2. , Stats., to address either of the above scenarios.
    Comparison with federal regulations
    None.
    Comparison with rules in adjacent states
    Illinois, Iowa, Michigan, and Minnesota do not have rules relating to school hours or waiving of school hours.
    Summary of factual data and analytical methodologies
    The information required in the rule is typical of information requested from school districts that have requested waivers from the school hour standard requirement under s. 121.02 (1) (f) 2. , Stats.
    Analysis and supporting documents used to determine effect on small business
    N/A.
    Anticipated costs incurred by private sector
    N/A.
    Small Business Impact
    The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a) , Stats.
    Fiscal Estimate
    Summary
    The proposed rules establish criteria for waiving the requirement to schedule at least the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) 2. , Stats., if a school is closed by a school district administrator, the Department of Health Services, or the local health officer under s. 115.01 (10) (a) 2. or 3. , Stats.
    State fiscal effect
    The costs associated with administering requests for these waivers will be absorbed by the department.
    Local government fiscal effect
    School districts may, but are not required to, apply for a waiver for the required number of hours of direct pupil instruction. The application procedures should not have a fiscal effect. The fiscal effect on a district that receives an approved waiver is indeterminate.
    Agency Contact Person
    Deborah Mahaffey, Assistant State Superintendent
    Division for Academic Excellence
    Phone: (608) 266-3361
    Notice of Hearing
    Tourism
    NOTICE IS HEREBY GIVEN That pursuant to ss. 41.16 and 227.11 (2) , Stats., the Department of Tourism will hold a public hearing on the proposed rule order to create Chapter Tour 3 relating to grants to municipalities and organizations for regional tourist information centers created under 2009 Wisconsin Act 28 .
    Hearing Information
    Date:   February 1, 2010
    Time:   10:00 a.m.
    Location:   201 West Washington Avenue
     
    1 st Floor Human Resource Conf. Room
      WHEDA Building
      Madison, WI 53708
    Submission of Written Comments
    Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Facts, opinions and arguments may also be submitted in writing, without a personal appearance, by mail addressed to: Laura Muenich, Department of Tourism, P.O. Box 8690, Madison, WI 53708-8690 or by email to lmuenich@travelwisconsin.com . Written comments must be received by 4:30 P.M. on February 10, 2010, to be included in the record of rule-making proceedings.
    Copies of Proposed Rule
    Copies of this proposed rule are available upon request to Laura Muenich, Budget & Policy Analyst, Department of Tourism, P.O. Box 8690, Madison, Wisconsin 53708-8690, or by email to lmuenich@travelwisconsin.com .
    Analysis Prepared by the Department of Tourism
    Statutes interpreted
    Section 41.16 (3) (c) , Stats.
    Statutory authority
    Sections 41.16 (3) (c) , 227.17 , Stats.
    Explanation of agency authority
    Section 41.16 (3) (c) , Stats., requires the Department to promulgate rules to administer the grants under this section, including the preparation of an application form.
    Related statute or Rule
    There are no other statutes or rules other than those listed above.
    Plain language analysis
    Under the proposed rule, tourist information centers may apply for a grant to seek reimbursement to up to 50 percent of eligible costs. The proposed rule identifies the eligible costs, application procedures, contracts, and reporting requirements.
    Comparison with federal regulations
    The Department is not aware of any existing or proposed federal legislation on this matter.
    Comparison with rules in adjacent states
    The Department is not aware of any similar rules in surrounding states.
    Summary of factual data and analytical methodologies
    The proposed rule was developed by a Department workgroup comprised of the secretary, grant coordinator, customer services manager, and the budget and policy analyst. The group researched other states for applicable laws and rules relating to grants to regional tourist information centers for reimbursement of operating costs. The workgroup also reviewed the rules for the Joint JEM grants.
    Analysis and supporting documents used to determine effect on small business
    This proposed rule will not affect or impact adversely small businesses.
    Section 227.137 , Stats., requires an "agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Tourism is not included as an "agency" in this section.
    Small Business Impact
    These proposed rules will have no effect on small businesses as defined in s. 227.114 (1) , Stats.
    Fiscal Estimate
    2009 Wisconsin Act 28 created a grant to municipalities and organizations for regional tourist information centers. Eligible applicants may submit an application to request that the department reimburse the applicant for up to 50% of eligible costs incurred to operate a regional tourist information center. The rules will have no fiscal effect on the state.
    Agency Contact Person
    Laura Muenich, Budget and Policy Analyst
    Department of Tourism — P.O. Box 8690
    Madison, WI 53708-8690
    Telephone: 608.261.8764
    Notice of Hearing
    Veterans Affairs
    NOTICE IS HEREBY GIVEN That pursuant to s. 45.40 (3m) , Stats., and Chapter 227 of the Wisconsin Statutes, the Wisconsin Department of Veterans Affairs will hold a public hearing to consider the creation of section VA 2.01 (1) (u) , (v) , and (3) (d) to (g) , Wis. Adm. Code, relating to the assistance to needy veterans grant program.
    Hearing Information
    Date and Time:
    Location:
    February 18, 2010
    Thursday
    At 9:30 a.m.
    Wis. Dept. of Veterans Affairs
    Board Room, 8th Floor
    30 West Mifflin Street
    Madison, Wisconsin
    The public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact James A. Stewart at (608) 266-3733 or jimmy.stewart@dva.state.wi.us
    Submission of Written Comments
    Written comments may be submitted to James A. Stewart, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843. Phone: (608) 266-3733 E-Mail: jimmy. stewart@dva.state.wi.us .
    Comments should be submitted no later than March 5, 2010.
    Analysis Prepared by the Wisconsin Department of Veterans Affairs
    Statute interpreted
    Section 45.40 , Stats.
    Statutory authority
    Section 45.40 (3m) , Stats.
    Explanation of agency authority
    The department is charged with administering a grant program to assist needy veterans with health care. It provides eligible applicants with dental, hearing and vision care through private health care providers.
    Related statute or rule
    There is no related statute or rule.
    Plain language analysis
    The creation of VA 2.01 (1) (u) and VA 2.01 (1) (v) will establish a definition for the vision care assistance available under this program. The creation of VA 2.01 (3) (d), VA 2.01 (3) (e), VA 2.01 (3) (f), and VA 2.01 (3) (g) will establish program limitations for the aid offered through the program. The program is intended to provide health care assistance to those veterans who are not eligible for the federal assistance offered to veterans. The current program rules do not provide program limitations or direction for health care professionals in providing necessary services to eligible veterans. The creation of a definition for "vision care" and the creation of specific program limitations will allow veterans to receive a reasonable modicum of the benefits available to those veterans eligible for federal assistance. All care offered through the program will have monetary and frequency limitations imposed upon the available services.
    Comparison with federal regulations
    There is no current or pending federal regulation which would provide subsistence or health care aid for the eligible veterans under this program.
    Comparison with rules in adjacent states
    There are no similar rules in adjacent states.
    Summary of factual data and analytical methodologies
    Surveys of multiple private vendors of dental care services, hearing care services, and vision care services were undertaken to establish the definition of "vision care" and to establish the frequency and monetary limitations of each service. The United States Department of Veterans Affairs was also contacted to determine what services were offered through that agency and to review costing mechanisms used in the provision of each of the elaborated health care services.
    Analysis and supporting documents used to determine effect on small business
    No analysis was performed regarding an economic impact statement.
    Small Business Impact
    These rules do not appear to have any effect upon small businesses, nor any significant fiscal impact upon the private sector.
    Fiscal Estimate
    Assumptions used in arriving at fiscal estimate
    The proposed administrative rule establishes the following provisions governing the grant program:
    1.   Limit "dental care" not to exceed $1,400 every 5 years.
    2.   Limit "hearing care" not to exceed $1,300 per ear every 4 years.
    3.   Establish "vision care" not to exceed $400 per year.
    Provisions of 2007 Wisconsin Act 20 eliminated caps for dental care, hearing care and vision care and increased the lifetime cap to $7,500. Prior to those changes, the annual cap for dental care was $2,500, $1,500 per hear for hearing care and $500 for vision care. The lifetime cap was $5,000. The authorized funding for the 2007-09 biennium was $1,492,000. Of that amount, expenditures in FY08 were $1,277,700, which left a balance of $214,300 to cover FY09 payments. As a result, the program was closed in October, 2008 (FY08-09 expenditures $1,662,500); the provisions of Act 20 had increased the expenditures more than projected. The authorized funding for 2009-11 biennium is $1,991,500. However, based on the proposed rule changes the estimated demand is $1,493,500 ($711,200+$782,300) which would decrease expenditures by $210,550in FY10 and $287,500 in FY11. Thus the projected biennial savings as a result of the proposed rule changes would be approximately $498,000.
    Please contact James A. Stewart, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843 or Phone: (608) 266-3733 or E-Mail: jimmy.stewart@dva.state.wi.us to request a copy of the fiscal estimate.
    State fiscal effect
    Decrease costs.
    Fund sources affected
    SEG.
    Affected Ch. 20 appropriations
    Section 20.485 (2) (vm) , Stats.
    Text of Proposed Rules
    SECTION 1. VA 2.01 (1) (u) is created to read:
    VA 2.01 (1) (u) "Vision care" means provision of one vision examination by a licensed health care provider and provision of corrective eyeware.
    SECTION 2. VA 2.01 (1) (v) is created to read:
    VA 2.01 (1) (v) "Change in refractive error" means an increase of sphere, cylinder and/or power of at least the following: Sphere Power of + or - .25 diopter; Cylinder Power of + or - .5 diopter; Axis Change of + or - .25 to.75 diopters at 5 degrees, + or – 1 to 2 diopters at 3 degrees or + or – 2.25 or more diopters at 2 degrees.
    SECTION 3. VA 2.01 (3) (d) is created to read:
    VA 2.01 (3) (d) A dental health care professional must indicate in writing that the dental procedures performed were directly necessary to dental care. Such procedures shall not exceed $500.00 in any consecutive 12 month period except where a full or partial upper and / or a lower denture is required. The grant for such denture or dentures shall not exceed $900 for one or $1,400 for both in any consecutive 60 month period.
    SECTION 4. VA 2.01 (3) (e) is created to read:
    VA 2.01 (3) (e) Hearing care shall not exceed $200.00 in any consecutive 12 month period except where a left and / or a right hearing aid is required. The grant for each hearing aid shall not exceed $1,300 in any consecutive 48 month period. A participant may obtain a grant to fund an additional or a more costly hearing aid or set of hearing aids and a related examination, if a licensed audiological health care professional identifies, in writing, compelling medical circumstances which have required this added assistance.
    SECTION 5. VA 2.01 (3) (f) is created to read:
    VA 2.01 (3) (f) A grant for vision care shall not exceed $400.00 in any consecutive 12 month period; however, a participant may obtain a grant for replacement glasses before 12 consecutive months have elapsed if the eyewear is prescribed because of a documented change in refractive error
    SECTION 6. VA 2.01 (3) (g) is created to read:
    VA 2.01 (3) (g) A participant may obtain a grant for an additional visit to a licensed vision care provider and for a more costly set of corrective eyewear or for an additional set of corrective eyewear where an optometrist or an ophthalmologist identifies in writing a compelling medical circumstance which has required this added assistance.
    Agency Contact Person
    James A. Stewart, Chief Legal Counsel
    30 West Mifflin Street, P.O. Box 7843
    Madison, WI 53707-7843
    Phone: (608) 266-3733
    Notice of Hearing
    Veterans Affairs
    NOTICE IS HEREBY GIVEN That pursuant to ss. 45.50 (1) (a) , 45.03 (2) and 45.03 (4) , Stats., and Chapter 227 of the Wisconsin Statutes, the Wisconsin Department of Veterans Affairs will hold a public hearing to consider the repeal of section VA 1.11 (8) and the amendment of section VA 1.11 (11) , Wis. Adm. Code, relating to the duties and responsibilities of the secretary.
    Hearing Information
    Date and Time:
    Location:
    February 19, 2010
    Friday
    At 9:45 a.m.
    Wis. Dept. of Veterans Affairs
    Board Room, 8th Floor
    30 West Mifflin Street
    Madison, Wisconsin
    The public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact James A. Stewart at (608) 266-3733 or jimmy.stewart@dva.state.wi.us
    Submission of Written Comments
    Written comments may be submitted to James A. Stewart, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843. Phone: (608) 266-3733 E-Mail: jimmy. stewart@dva.state.wi.us .
    Comments should be submitted no later than March 5, 2010.
    Analysis Prepared by the Wisconsin Department of Veterans Affairs
    Statute interpreted
    Section 45.50 (1) (a) , Stats.
    Statutory authority
    Sections 45.50 (1) (a) , 45.03 (2) and (4) , Stats.
    Explanation of agency authority
    The department is charged with operating skilled nursing facilities and employing supervisory personnel for these facilities. Skilled nursing facilities require administrators who have met state and federal standards and are licensed to operate a skilled nursing facility. The department has created the division of homes and an administrator to supervise the operation of these facilities. The board has determined as a matter of policy that all commandants and the division administrator should be licensed to operate skilled nursing facilities. The board has also determined that the Secretary should not be required to directly supervise the commandants since the division of homes and the attendant administrator position was created for that purpose.
    Related statute or rule
    Section 50.04 (2) (a) , Wis. Stats., and s. DHS 132.41 , Wis. Adm. Code. These laws require every skilled nursing facility within the state to operate under the supervision of an administrator licensed under Ch. 456 , Wis. Stats.
    Plain language analysis
    The amendment of VA 1.11 (1) (a) will limit employment, after January 1, 2011, in the positions of commandant or administrator, division of homes to individuals who are licensed as skilled nursing home administrators by the State of Wisconsin or who obtain such licensure within 90 days of initiating employment in the position. The department believes that this requirement will provide better management and more accountability for the skilled nursing facilities. The repeal of VA 1.11 (8) will realign the direction of the commandants from direct supervision by the Secretary to direct supervision by the Administrator, Division of Homes.
    Comparison with federal regulations
    There is no current or pending federal regulation which would provide subsistence or health care aid for the eligible veterans under this program.
    Comparison with rules in adjacent states
    38 CFR 51.210 (2) (i) requires any skilled nursing facility receiving per diem payments from the United States Department of Veterans Affairs to be supervised by an administrator who is licensed by that state. 42 CFR 431.703 requires any skilled nursing facility receiving medical assistance (Medicaid) payments from the United States Department of Health and Human Services to be supervised by an administrator who is licensed by that state. Both skilled nursing facilities currently have administrators licensed as nursing home administrators within the management structure. The proposed rules will ensure that the senior official at all skilled nursing facilities operated by the department, as well as the Administrator, Division of Homes, are licensed in accordance with these requirements.
    Illinois:
    77 Ill. Admin. Code § 340.1370 (a) (Illinois Veterans' Home Code)
    (a) There shall be a full-time administrator licensed under the Nursing Home Administrators Licensing and Disciplinary Act for each licensed facility. The licensee will report any change of administrator to the Department, within five days.
    Iowa:
    Iowa Code § 35D.13(2) (Veterans Home)
    2. The commandant shall be a resident of the state of Iowa who served in the armed forces of the United States and was honorably discharged, and is a licensed nursing home administrator.
    Michigan:
    MCL § 36.10 (Michigan's Veterans' Facility)
    Sec. 10. The board of managers shall appoint a commandant for the home, who shall be an ex-officer, soldier, sailor, or marine, whose salary shall be such amount as shall be appropriated by the legislature, and who shall nominate, for the action of the board of managers, all necessary subordinate officers, who shall also be ex-officers, soldiers, sailors, or marines, who may be dismissed by the commandant for inefficiency or misconduct. In case of every removal, a detailed statement of the case shall be reported to the board of managers by the commandant. No member or former member of the board of managers shall be eligible to election or appointment as commandant of the facility until the expiration of at least 1 year from the date of the end of his term as member of the board of managers or the date of his resignation as such member.
    Mich. Admin. Code R 325.20111(2) (Licensing of Nursing Homes)
    (2) The governing body shall appoint a licensed nursing home administrator and shall delegate to the administrator the responsibility for operating the home in accordance with policies established by the governing body. An administrator and all other persons in supervisory positions shall be not less than 18 years of age.
    Minnesota:
    Minn. R. 9050.0030(A) (Veterans Homes)
    The commissioner of veterans affairs shall ensure compliance by the facility and staff with applicable statutes, with applicable rules of the Minnesota Department of Health and the Minnesota Department of Human Services, and with applicable health, safety, sanitation, building, zoning, and operations codes, including the following:
    A.   Minnesota Department of Health licensure and operations requirements in chapters 4655 and 4660 and Minnesota Statutes, sections 144.50 to 144.56 and 144A.02 to 144A.10.
    Minn. R. 4655.1200 (Boarding Care Homes)
    Subpart 1. The licensee in each nursing home or boarding care home shall be responsible for its management, control, and operation.
    Subp. 2. The licensee shall develop written bylaws and/or policies which shall be available to all members of the governing body and shall assume full legal responsibility for matters under its control, for the quality of care rendered and for compliance with applicable laws and rules of legally authorized agencies. The responsibilities of the licensee shall include:
    A.   Full disclosure of each person having an interest of ten percent or more of the ownership of the home to the commissioner of health with any changes promptly reported in writing. In case of corporate ownership, the name and address of each officer and director shall be made known. If the home is organized as a partnership, the name and address of each partner shall be furnished. In the case of a home operated by a lessee, the persons or business entities having an interest in the lessee organization shall be reported and an executed copy of the lease agreement furnished. If the home is operated by the holder of a franchise, disclosure as specified above shall be made as to the franchise holder who shall also furnish an executed copy of the franchise agreement.
    B.   Appointment of a licensed nursing home administrator or a person in charge who shall be responsible for the operation of the home in accordance with law and established policies.
    C.   The authority to serve as administrator or person in charge shall be delegated in writing.
    D.   The administrator of a hospital with a convalescent and nursing care unit may serve both units. See the Nursing Home Administrator Licensing Law, Laws of Minnesota 1969, chapter 770.
    E.   Notification of the termination of service of the administrator or the person in charge as well as the appointment of a replacement shall be given within five days in writing to the commissioner of health by the governing body of the home. If a licensed nursing home administrator or person in charge of the boarding care home is not available to assume the position immediately, such notification to the commissioner of health shall include the name of the person temporarily in charge of the home. The governing body of a nursing home shall not employ an individual as the permanent administrator until it is determined that the administrator qualifies for licensure as a nursing home administrator in Minnesota. See the Nursing Home Administrator Licensing Law, Laws of Minnesota 1969, chapter 770.
    F.   Provision of a competent staff and maintenance of professional standards in the care of patients and residents.
    G.   Employment of qualified personnel. There shall be sufficient personnel to provide the basic services such as food service, housekeeping, laundry, and plant maintenance. Employees or volunteers under 18 years of age shall be under direct supervision.
    H.   Provision of facilities, equipment, and supplies for care consistent with the needs of the patients and residents.
    I.   Provision of evidence of adequate financing, proper administration of funds, and the maintenance of required statistics.
    Only a licensee is responsible for the management, control and operation of a nursing home.
    Summary of factual data and analytical methodologies
    The department commissioned a report on the operation of its skilled nursing facilities by an independent consulting group, Pathways Health Services, Inc. The report reviewed the supervision of both facilities, as well as the supervision provided by the Administrator, Division of Homes. The report identified issues ensuring compliance with health care requirements, interaction with health care inspectors and advocacy for appropriate budget and staffing based on the current organizational structure. The report made recommendations that all commandants and the Administrator, Division of Homes be licensed. The Board has also received testimony from a member of its Long Term Care Committee who is a licensed nursing home administrator in Wisconsin. The testimony identified similar concerns and concurred with the solutions offered in the Pathways report. The Board has adopted the recommendation related to commandants and the Administrator, Division of Homes being licensed as nursing home administrators.
    Analysis and supporting documents used to determine effect on small business
    No analysis was performed regarding an economic impact statement.
    Small Business Impact
    These rules do not appear to have any effect upon small businesses, nor any significant fiscal impact upon the private sector.
    Fiscal Estimate
    Assumptions used in arriving at fiscal estimate
    The proposed amendment will require that any individual employed as a commandant or as the administrator for the division of the Wisconsin Veterans Homes (WVH), shall be licensed under chapter 456 of the Wisconsin Statues or secure such licensure within 90 days of initiating employment. The proposed repeal will realign the direction of commandants from direct supervision by the secretary to direct supervision by the WVH's division administrator.
    The proposed changes will have no fiscal effect on the department.
    Please contact James A. Stewart, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843 or Phone: (608) 266-3733 or E-Mail: jimmy.stewart@dva.state.wi.us to request a copy of the fiscal estimate.
    State fiscal effect
    None.
    Text of Proposed Rules
    SECTION 1. VA 1.11 (1) is amended to read:
    VA 1.11 (1) Employ a commandant s for the Wisconsin veterans home s , designate an employee of the department as deputy secretary, and appoint such persons as may be necessary to carry out the functions of the department. Any individual employed as a commandant or as the administrator for the division of homes, after January 1, 2011, shall be licensed under Chapter 456 of the Wisconsin Statutes or secure such licensure within 90 days of initiating employment as a commandant or administrator of the division of homes.
    SECTION 2. VA 1.11 (8) is repealed.
    Agency Contact Person
    James A. Stewart, Chief Legal Counsel
    30 West Mifflin Street, P.O. Box 7843
    Madison, WI 53707-7843
    Phone: (608) 266-3733