•
In the case of an offense that causes death or serious injury, a felony punishable by a fine of not less than $5,000 or more than $25,000, or imprisonment for not more than 4 years, or both.
Minnesota:
The state of Minnesota requires certifications for a person or business that contracts with property owners to construct or improve dwellings for habitation by one- to four-families and where the person or business is involved with two or more special building skills. The Residential Contractor license and Remodeler license are annual licenses. The fees, which are based upon gross receipts, are $260 to $360. The application for the license requires a qualifying person to take the required examination and fulfill the continuing education requirements for the business.
Effective January 1, 2009, the Minnesota Independent Contractor Certification Law requires building contractors to certify that they are independent contractors versus employees using a "9 Items" test related to Worker's Compensation. The fee for a 2-year certification is $250.
Minnesota assesses a penalty of up to $5,000 for each violation if a person performs work without first obtaining a certificate or falsifies or alters a certificate. The penalty also applies to anyone who uses coercion, misrepresentation or fraudulent means to require another individual to adopt independent contractor status.
Factual data and analytical methodologies
The proposed rules were developed by reviewing the provisions under
2009 Wisconsin Act 28
in conjunction with the current rules relating to contractor registration under s.
Comm 5.30
. For consistency, the proposed forfeitures are modeled after other penalties currently used by the department to enforce compliance with other construction-related licenses, certifications and registrations.
Small Business Impact
The proposed rules implement the mandates imposed by
2009 Wisconsin Act 28
. The effect on small businesses is minor and ensures that the construction trades comply with Wisconsin worker's compensation insurance and unemployment tax requirements. Identifying contractor businesses will help prevent unfair competition which is a common problem for contractors.
An economic impact report has not been required pursuant to s.
227.137
, Stats.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The department estimates that there would be about 400 new businesses that would be required to register. The building contractor registration is $100 for 4 years. There is also a $15 initial application fee that would be waived if the applicant applies and pays for the registration via the Internet. The department estimates that it would realize about $10,750 in revenue annually.
The department anticipates that the workload associated with the registration and the enforcement of the program can be managed with current information technology and within current staff levels.
State fiscal effect
None. Increase costs — may be possible to absorb within agency's budget.
Local government costs
None.
Fund sources affected
PRO.
Long-range fiscal implications
None are anticipated.
Agency Contact Person
James Quast, Program Manager
Phone: (608) 266-9292
Notice of Hearing
Health Services
Health, Chs. DHS 110—
NOTICE IS HEREBY GIVEN that pursuant to ss.
50.93 (1) (c)
,
50.95 (1)
,
(2)
,
(4)
,
(5)
and
(6)
, and
227.11 (2) (a)
, Stats., the Department of Health Services will hold a public hearing on proposed permanent rules to consider revisions to Chapter
DHS 131
, relating to hospices, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
April 26, 2010
10:00 AM – 12:00 PM
|
Dept. of Health Services
Wilson St. State Office Bldg.
1 West Wilson Street
Room 950B
Madison, Wisconsin
|
Accessibility
English
DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Pat Benesh at 608-264-9896. You must make your request at least 7 days before the activity.
Spanish
DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con Pat Benesh al número 608-264-9896. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau Pat Benesh ntawm 608-264-9896. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Submission of Written Comments
Comments may be submitted to the agency contact person listed above or to the Wisconsin Administrative Rules Website at
www.adminrules.wisconsin.gov
until
April 27, 4:30 p.m.
Copies of the Rule
A copy of the rules may be obtained from the department at no charge by downloading the documents from
www.adminrules.wisconsin.gov
or by contacting:
Pat Benesh, Quality Assurance Program Spec-Senior
DHS Division of Quality Assurance
1 West Wilson St., Rm. 534
Madison, WI 53701
Phone: 608-264-9896
Fax: 608-267-0352
Analysis Prepared by the Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
50.93 (1) (c)
, Stats., gives the Department the authority to promulgate rules to establish a provisional licensing fee. Section
50.95 (1)
, Stats., requires the Department to promulgate rules to establish standards for the care, treatment, health, safety, rights, welfare and comfort of individuals with terminal illness, their families and other individuals who receive palliative care or supportive care from a hospice. Section
50.95 (2)
,
(4)
,
(5)
, and
(6)
, Stats., requires the Department to promulgate rules establishing provisional hospice licensure fees or the methods of computation of fees, criteria for determining financial hardship for the waiver of licensing fees, criteria for determining that the applicant is fit and qualified and a procedure for the waiver of and variance from standards under ch.
DHS 131
.
Section
227.11 (2) (a)
, Stats., allows agencies to promulgate rules interpreting the provision of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
See the "Statutes interpreted" section.
Plain language analysis
The proposed order repeals and recreates ch.
DHS 131
relating to hospices. Hospice is an organization that provides palliative care and supportive care to an individual with a terminal illness where he or she lives or stays. To meet the needs of an individual, the hospice will arrange for or provide short-term inpatient care and treatment or provide respite care. The primary goals of hospice are to provide comfort and alleviate pain and other symptoms, relieve physical, emotional and spiritual suffering, and promote dignity and quality of life of terminally ill persons.
On June 5, 2008, the Centers for Medicare Medicaid Services (CMS) published revised Medicare Hospice Conditions of Participation which became effective on December 2, 2008. The new federal regulations focus on a patient-centered, outcome oriented and transparent process that promotes quality patient care for every patient every time. Significant changes were made in the areas of patient rights, attending physician, pharmacy requirements and quality assessment and performance improvement. These changes are discussed in greater detail in the bulleted list at the end of this section.
Through this rulemaking order the Department proposes to align ch.
DHS 131
with the revised federal Medicare regulations by adopting many of the new federal requirements. This will eliminate the inconsistencies between the state and federal regulations that have occurred since the new federal regulations went into effect. During this interim period the Department has issued waivers to address the differences between state and federal standards. The proposed rule will eliminate the need for these waivers and provide a uniform set of standards for hospice providers to follow. The Department also proposes to eliminate outdated regulations and to reflect current professional standards of practice. The proposed changes are not expected to compromise the health, safety, and welfare of hospice patients.
To accomplish these goals, the proposed rule will:
•
Require proof of financial responsibility to operate a hospice for at least 90 days for all new applicants and require licensed hospices to report to the Department within 10 days any transfer of 50% or more of stock, ownership or change in partners or partnership interest in the hospice. This is a new provision that is not a part of the recently promulgated federal regulations.
•
Afford patients the right to receive effective pain management and symptom control and to be free from mistreatment, neglect, abuse and misappropriation of patient property. These are new provisions that are not included in the recently promulgated federal provisions.
•
Revise the standards for the completion of the initial comprehensive assessment of the hospice patient including time frame for completion, content of the assessment, functional status, imminence of death, severity of symptoms, drug profile and bereavement needs of the patient's family to be consistent with federal regulations. The provisions also include a schedule for reviewing and revising the assessment based on the patient's progress towards desired outcomes.
•
Revise the standards for the completion of an initial and comprehensive plan of care, including time frames for completion, content of the plans and provisions for review of the comprehensive plan of care to be consistent with federal standards. The plan of care is to include a bereavement care plan and address the specific needs of the family and caregivers, intervention strategies, identification of staff responsible for delivering care and timeframes for evaluating and updating the interventions.
•
Require hospices to develop and implement a data-driven quality assessment and performance improvement program to be consistent with federal standards. The program is to be capable of showing improvement related to improved palliative outcomes and hospice services. The program is to use quality indicator data and monitor the effectiveness of services and identify.
•
Require hospices to establish an infection control program to protect patients, visitors and employees by preventing and controlling infections and communicable diseases. The program is to include a method of identifying problems and implement appropriate actions expected to result in disease prevention. The hospice is required to provide initial and ongoing education for all staff and volunteers in the modes of transmission and prevention of infections and the need for routine use of current infection control measures recommended by the U.S. Centers for Disease Control and Prevention. These are new state provisions proposed to reflect current standards of practice. These standards are not included in the recent promulgated federal regulations.
•
Establish standards that require new employees and existing employees to be certified in writing by a physician, physician assistant or registered nurse as having been screened for tuberculosis and clinically apparent communicable disease. These are new state provisions proposed to reflect current standards of practice. These standards are not included in the recent promulgated federal regulations.
•
Require that each hospice have its own bereavement program.
•
Revise the standards regarding the provision of spiritual counseling to be provided in accordance with the patient's and family's acceptance of the service including making all reasonable efforts to facilitate visits by local clergy, pastoral counselors or other individuals who can support the patient's spiritual needs. These changes will make the standards regarding spiritual counseling consistent with recently promulgated federal regulations.
•
Require that if the hospice provides nurse aide services nurse aides are given written patient care instructions prepared by the registered nurse to be consistent with recently promulgated federal regulation. The registered nurse is required to make an on-site visit to the patient's home every 14 days to assess the quality of care and services provided by the nurse aide and to ensure that services meet the needs of the patient.
•
Amend the definition of the attending physician to include a nurse practitioner. This will make Wisconsin's definition consistent with the federal definition of the attending physician and eliminate the need for waivers of the provisions in ch.
DHS 131
.
•
Change the current provision that requires a plan of care be reviewed at least every 2 weeks to allow the plan of care to be reviewed at least every 15 days to be consistent with federal standards. This will eliminate the need for waivers of the provisions in ch.
DHS 131
.
•
Change the current provision and require the use of standard precautions similar to the federal standard. Currently, ch.
DHS 131
requires the use of universal precautions which is no longer an acceptable standard of practice. This will eliminate the need for waivers of the provisions in ch.
DHS 131
.
Comparison with federal regulations
Title
42 CFR 418
contains the Federal Medicare Hospice Conditions of Participation. These regulations establish conditions and standards for the operation of hospices that primarily provide palliative and supportive care to an individual with terminal illness where he or she lives and if necessary arranges for or provides short-term inpatient care and treatment or respite care. State regulations are comparable and the intent of these regulations is to foster safe and adequate care and treatment of patients by hospice agencies.
Comparison with rules in adjacent states
Wisconsin:
Patient rights
•
written policies and procedures, copy provided to patient
•
right to informed consent
•
right to receive effective pain management and symptom control
•
right to participate in care
•
right to privacy
•
right to be treated with dignity and respect
•
develop, implement an ongoing quality assessment
Quality Assurance (QA)
•
the program shall monitor the effectiveness of services and quality of care and identity areas of improvement
Volunteers
•
must be oriented to the hospice program
•
must be trained for the duties to which he or she is assigned
•
volunteers shall participate in the delivery of care
Bereavement services
•
coordinated by a person with the capacity to provide for the bereavement needs of families
•
available for one year following the patient's death
•
provided under a plan of care
Illinois:
Patient rights
•
written policies and procedures, copy provided to patient
•
right to informed consent
•
right to information regarding diagnosis and prognosis
•
right to participate in care
•
right to privacy
Quality Assurance (QA)
•
conduct QA program in accordance with federal Medicare regulations
Volunteers
•
must use volunteers in day-to-day services and direct care
•
must be provided in accordance with federal regulation
Bereavement services
•
coordinate with the family's clergy, if desired
•
provide services to families of patients to the extent desired
•
provide in accordance with federal Medicare regulations
Iowa:
Patient rights
•
written policies and procedures, copy provided to patient
•
right to be treated with dignity and respect
•
right to informed consent
•
right to information regarding diagnosis and prognosis
•
right to participate in care
•
right to privacy
Quality Assurance (QA)
•
written process for identifying problems and a system to
•
report findings and recommendations
•
quarterly review of 10% record review of hospice patients
•
review conducted by MD, patient coordinator and social worker
•
individual assessments reviewed quarterly by QA staff
•
QA reports reviewed annually by the governing body
Volunteers
•
provide volunteer services to meet patient and family needs
•
volunteers must have at least 14 hours of education
•
topics shall include; hospice philosophy, symptom control, infection control, home care skills, safety measures, stress management, communication, psychosocial needs, death, dying and grief and funeral and alternative rituals
•
offer at last 2 hours of in-service each quarter
Bereavement services
•
services shall be available to each family after death of patient
•
provided in accordance with family needs
•
type of intervention provided under a plan of care
•
contact with the family after he death as required by their needs
Michigan:
Patient rights
•
shall not discriminate because of race, religion, color, national origin or sex regarding patient admission, care and room
Quality Assurance (QA)
•
no specific requirements for quality assurance
Volunteers
•
hospice services may include services provided by trained volunteers
Bereavement services
•
hospice services are designed to meet the patient's family through the periods of bereavement
Minnesota:
Patient rights
•
provide written copy of rights, and information on how to file a complaint at the time services are initiated
Quality Assurance (QA)
•
conduct a self-assessment of the quality and appropriateness of care provided
•
monitor and evaluate 2 or more components of service once every 12 month
•
document an analysis of the data and the action taken
Volunteers
•
hospice must designate a volunteer coordinator
•
all volunteers must be competent to perform assigned services
•
each volunteer must compete a training to include orientation,
•
confidentiality of patient information, goals of hospice care and record keeping
Bereavement services
•
hospice must make reasonable efforts to arrange for visits of clergy
•
advise patients of the opportunity for visits of clergy.
Summary of factual data and analytical methodologies
The Department of Health Services relied on all of the following sources to determine the impact on small businesses, specifically hospices to draft the proposed rules:
•
The 2002 Economic Census – Wisconsin Geographic Series, compiled by the U.S. census bureau every 5 years for each year ending in "2" and "7" and contains the latest available economic data compiled on businesses located in Wisconsin. (The U.S. Census Bureau's data release schedule for the 2007 Economic Census – Geographic Series is November 2009-July 2010.)
•
Criteria adopted by the Department and approved by the Wisconsin Small Business Regulatory Review Board to determine whether the Department's proposed rules have a significant economic impact on a substantial number of small businesses. Pursuant to the Department's criteria, a proposed rule will have a significant economic impact on a substantial number of small businesses if at least 10% of the businesses affected by the proposed rules are small businesses and if operating expenditures, including annualized capital expenditures, increase by more than the prior year's consumer price index or reduces revenues by more than the prior year's consumer price index. For the purposes of this rulemaking, 2008 is the index year. The consumer price index is compiled by the U.S. Department of Labor, Bureau of Labor Statistics; the 12 months percent change for the Midwest urban region in 2008 for all items is 3.7 percent.
•
Section
227.114 (1) (a)
, Stats., defines "small business" as a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employees 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000.
•
DHS databases including the Aspen information System which contains demographic, licensing, program, and compliance history of hospices in Wisconsin.
Analysis and supporting documents used to determine effect on small business
The North American Industry Classification System (NAICS) includes hospices in the Health Care and Social Assistance sector, (sector 62) and further defined in sub-sector 6216 home health agencies (home based services) and sub-sector 6221 General Medical and Surgical Hospitals (inpatient services). This industry comprises establishments primarily engaged in providing skilled nursing services, and palliative care in the home and inpatient settings, along with medical social services, medications, medical equipment and supplies, counseling, 24-hour home care, dietary and nutritional services, and high-tech care, such as intravenous therapy.
Employment statistics and revenue data are not readily available for the hospice portion of these major health care providers. Hospice data for Wisconsin from the federal certification database reported 76 entities in January 2010. Most hospices in Wisconsin are operated by hospitals, home health agencies, nursing homes, and other health care providers. Research revealed that one facility (1.3 percent) in Wisconsin meets the definition of a small business. This facility is Medicare certified, so must already meet many of the standards established in this rule.
The items listed below have been identified as potentially increasing costs to hospices including one-time administrative costs of $836, annual administrative/Quality Improvement costs of $3,212, and per patient costs of $280. New employee expenses are estimated at $200 for each replacement including background checks, communicable disease screening and minimum new employee orientation. Existing hospice staff should be able to complete the new requirements.
Development of hospice program description, policies and procedures
The hospice is required to have a written description of its program that defines the philosophy of the program and identifies the services available. The proposed rule also requires the hospice to have policies and procedures outlining certain aspects of the operation of the hospice including a patient discharge policy and procedure, hospice rules and regulations governing patient responsibilities, a patient complaint procedure, a policy regarding patient smoking and a policy regarding the use of abbreviations in the hospice's clinical records. It is estimated that the administrator or registered nurse will need approximately 8 hours to develop this information. This one-time task is estimated to cost $418 (Average hourly rate $36 + fringe (45%) $16.20 = $52.20).
Background checks
Hospices are required under s.
50.065
, Stats., to conduct caregiver background checks of all employees upon hire and every 4 years thereafter. Wisconsin statutes set the search fee of $12 for non-profit organizations, $12 for governmental agencies and $16 for any other requestor. The frequency of caregiver background checks and the associated fees will depend upon both the size of the hospice and staff turnover.
Patient rights form
Section
DHS 131.19 (2)
requires a patient rights form. It is estimated that the administrator will need 8 hours to complete this one-time task $418 (Average hourly rate $36 + fringe (45%) $16.20 = $52.20).
Quality Assessment and Performance Improvement
Section
DHS 131.22
establishes standards for a Quality Assessment and Performance Improvement (QAPI) function. This cost projection assumes that existing registered nurse staff can fulfill these requirements with an hourly cost of $42. Based on labor data from the Wisconsin Department of Workforce Development from 2009, the average registered nurse hourly rate in Wisconsin is $28.84, fringe benefits 45% = $12.98 for a direct hourly cost of $41.82.
•
Establish a hospice QAPI team to meet four times each year. The team will consist of at least 3 members employed or under contract by the hospice and will convene 4 times each year, one hour per meeting, or 12 hours annually $584, to identify quality domains and measures. The team will consist of the QAPI coordinator ($42 per hour), administrator, and a clinical manager (each at $52 per hour).
•
Identify a QAPI coordinator; tasks will require approximately 1.5 hours weekly to oversee the QAPI program, $328 annually ($42 x 52 weeks x 1.5 hours).
•
Collecting quality measure data during the patient assessment is a new practice under the proposed rules. It is estimated 4 minutes per patient assessment to collect quality data, with 2 assessments per patient by a registered nurse $5.60 per patient.
•
Review the quality data during the Inter-Disciplinary Group (IDG) meeting to monitor the effectiveness of interventions to help the patient achieve desired outcomes. The IDG may include a registered nurse, social worker, bereavement counselor, pastor, or others. This estimate assumes 2 paid staff each costing $42 per hour. The IDG is estimated to take 5 minutes per patient to complete, with 2 IDG meetings, $14.00 per patient.
•
Administrative staff will collect and organize data to identify trends, patterns, anomalies areas of strength and concerns. This estimate assumes 4 hours per month to gather and process data, $1,200 annually, ($25 per hour salary + fringe x 48 hours).
•
The QAPI committee will identify trends, patterns, anomalies areas of strength and concerns of the program. Quarterly meetings lasting one hour each will cost $584 annually as noted above.
Patient care management
The proposed rule requires the hospice to complete an initial assessment at the time of admission and a comprehensive assessment within 5 days after the election of hospice care. Hospice staff is required to review the physical, psychosocial, emotional and spiritual needs of the patient(s) related to the terminal illness to promote the patient's well-being, comfort and dignity throughout the dying process. This assessment must also evaluate the patient's prescription and over-the-counter drugs reviewing the effectiveness, side effects and possible drug interactions. The initial assessment must also include an assessment of the patient's and the patient's family's bereavement needs. Upon conclusion of the initial assessment, hospice staff is to develop an initial plan of care. The plan of care is to reflect patient and family goals and interventions based on the problems identified in the initial and comprehensive assessments. The plan is to include all services needed for the palliation and management of the terminal illness and related conditions. It is estimated that 2 registered nurses will need 4 hours to complete the initial and comprehensive assessment and plan of care for each patient, with an estimated cost of $168 per patient ($42 per staff hour x 4 hours).
Periodically hospice staff, in collaboration with the patient's attending physician, is required to review the patient's condition, but no less frequently than every 15 days. This review is completed by the IDG which may consist of up to 4 staff of the hospice. The review generally takes on average of 30 minutes per patient and is estimated to cost $21 based on staff costs averaging $42 per hour.
Drug management
Section
DHS 131.20 (3) (f)
requires the IDG to confer on an individual basis with education and training in drug management. A pharmacist will need 30 minutes for the initial advisement per patient and 15 minutes for each updated advisement per patient. This estimate assumes one hour per patient $72.00: (average Wisconsin pharmacist salary $49.48 + 45% fringe $22.27 = $71.75). Many pharmacists may provide this as a free service to their respective patients.
Additionally, the pharmacist or administrator is required to conduct controlled drug investigations-- $432 annually requiring 6 hours if completed by the pharmacist, $312 annually if completed by the administrator.
Infection control
Section
DHS 133.23
requires agencies to provide staff training and proper supplies to minimize the risk of infection and to monitor for compliance. This requirement is expected to result in minimal costs to providers because many hospices in Wisconsin already provide staff training and monitoring to meet current standards of practice and Centers for Disease Control (CDC) guidelines. Any provider that does not meet this standard is able to access information from CDC's web site to train their staff and start their monitoring program. Additional costs for sundry supplies (e.g., gloves, masks, etc.) are expected to be minimal.
Communicable disease screening
Hospices will be required to ensure that employees are screened for the presence of clinically apparent communicable diseases, including tuberculosis, within 90 days before the employee has direct client contact. This standard is similar to employee health screening requirements for nursing homes, home health agencies, hospitals, facilities for the developmentally disabled and restaurants.
The Journal of American Medical Association
(April 19, 2000) identifies health care workers as a group at risk for acquiring tuberculosis. Pulmonary tuberculosis is a contagious disease that is usually spread through the coughing and sneezing of an infected person. Transmission of the infection usually occurs only after prolonged exposure. It is important for persons in high risk groups to be tested to ensure they are free from infectious disease to prevent exposure and spread of the disease to clients and to identify the need for treatment. The average time to complete the pre-employment screening is estimated to be 30 minutes, at an estimated cost of $14 per employee.
Training and orientation
The rules will require an estimated 4 hours of initial training and orientation for staff and 2 hours of continuing education training. It is estimated that the initial training will cost $168 (average hospice salary of $42 x 4 hours). Continuing education is estimated to cost $84 annually (average hospice salary of $42 x 2 hours annually).
Registered nurse supervisory visits
Section
DHS 131.26 (2) (c)
requires a registered nurse supervisory visits to patients every 2 weeks to patients who receive nurse aide services. This proposed requirement is consistent with federal standards. The Department estimates the costs per patient of $21 per RN supervisory visit ($42 hour x
½
hour/visit).
Small Business Impact
The fiscal impact on small business as defined in s.
227.114 (1)
, Stats., should be minimal. Most of the changes to this rule are technical in nature and similar to recently adapted federal regulations. Hospices electing to be certified by the Medicare program are required to meet these federal regulations. As of January 1, 2010; 75 of 76 licensed hospices (99 percent) in Wisconsin are federally certified. According to Department criteria, a proposed rule will have a significant economic impact on a substantial number of small businesses if at least 10% or the businesses affected by the proposed rule are small businesses and if operating expenditures, including annualized capital expenditures increase more than the prior year's consumer price index or reduces revenues by more than the prior year's consumer price index. Since most hospices in Wisconsin are operated by hospitals, home health agencies, nursing homes, and other health care providers, data shows that one facility (1.3 percent) in Wisconsin meets the definition of a small business. As a result, the proposed rule will not have a significant economic impact on a substantial number of small businesses.
Small Business Regulatory Coordinator
Rosie Greer
Phone: 608-266-1279
Fiscal Estimate
Summary
The Department proposes to amend ch.
DHS 131
to align the rule with revised federal Medicare regulations, to eliminate outdated regulation and to reflect current professional standards of practice. Most of the changes to this rule are technical in nature and similar to recently adopted federal regulations. Hospices electing to be certified by the Medicare program are required to meet these federal regulations. Currently 75 of 76 licensed hospices in Wisconsin are federally certified. Most hospices in Wisconsin are operated by hospitals, home health agencies, nursing homes, and other health care providers. Research revealed that one facility (1.3 percent) in Wisconsin meets the definition of a small business. DHS 131 establishes certain standards for the delivery of services. The standards will not have an effect on state government expenditures or revenues. Estimated costs to providers for these standards include the following:
Quality Assessment and Performance Improvement (QAPI) program.
•
one-time administrative costs of $418
•
annual administrative/Quality Improvement costs of $3,128
•
per patient costs of $92
Development of program description, policies and procedures
•
one-time administrative costs of $418
Develop patient rights form
•
one-time administrative costs of $418
Caregiver background checks
•
$12 for non-profits organizations and governmental agencies and $16 for other requestor
•
completed upon hire and every 4 years thereafter
Patient care management including initial assessment, development of a plan of care
•
Estimated $168 per patient
Drug management including per patient assessment and drug investigations
•
$72 per patient assessment
•
$432 annual fee if completed by the pharmacist, $312 if complete by the administrator
Communicable disease screening
•
$14 per employee
Training and orientation
•
$168 initial training per employee
•
$84 continuing education per employee
Registered nurse supervisory visits
•
$21 per RN supervisory visit per patient every 2 weeks
Some of the cost increase may be passed from affected hospices to the patient or private insurance for subsequent reimbursement either wholly, or in part, by one or both of these parties.
A small number of Wisconsin counties operate hospices and are subject to these rules. All county operated hospices are Medicare certified. Since this rule is similar to federal certification standards; counties are already meeting the new DHS 131 standards through compliance with the federal regulations.
State fiscal effect
None.
Local government fiscal effect
Indeterminate. Increase costs.
Local government units affected
Counties.
Private sector fiscal effect
Indeterminate. Will increase costs. Will not have significant economic impact on a substantial number of small businesses.
Long-range fiscal implications
None known.
Agency Contact Person
Pat Benesh, Quality Assurance Program Spec-Senior
DHS Division of Quality Assurance
1 West Wilson St. Rm. 534
Madison, WI 53701
Phone: 608-264-9896
Fax: 608-267-0352
Notice of Hearing
Health Services
Health, Chs. DHS 110—
NOTICE IS HEREBY GIVEN that pursuant to ss.
157.06 (20)
and
227.11 (2) (a)
, Stats., the Department of Health Services will hold a public hearing on emergency rules and proposed permanent rules to consider revisions to Chapter
137
, relating to anatomical gifts and the Wisconsin Donor Registry.
Hearing Information
Date and Time
|
Location
|
May 5, 2010
10 a.m. - Noon
|
Department of Health Services
1 W. Wilson Street, Rm. B139
Madison, WI
|
Accessibility
English
DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Martha Mallon at 608-261-6854. You must make your request at least 7 days before the activity.
Spanish
DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con Martha Mallon al número 608-261-6854. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau Martha Mallon ntawm 608-261-6854. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Submission of Written Comment
s
Comments may be submitted to the agency contact person listed above or to the Wisconsin Administrative Rules Website at
www.adminrules.wisconsin.gov
until
May 12, 2010, 4:30 p.m.
Copies of the Rule
A copy of the rules may be obtained from the department at no charge by downloading the documents from
www.adminrules.wisconsin.gov
or by contacting:
Martha Mallon
1 W. Wilson Street, Rm. 233
Madison, WI 53701
Phone: (608) 261-6854
Analysis Prepared by the Department of Health Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
157.06 (20)
, Stats., authorizes the department to establish an organ and tissue donor registry and directs the department to promulgate administrative rules to govern any registry it establishes.
Related statute or rule
See the "Statutes interpreted" section.
Plain language analysis
The rules under this order, as authorized under s.
157.06 (20)
, Stats., establish and govern the Wisconsin Donor Registry (Donor Registry).
The rules in this order prescribe:
•
The conditions under which individuals may have a record of gift or record of intent to make an anatomical gift included in the Donor Registry.
•
The conditions under which an individual can amend or revoke his or her record of gift recorded in the Donor Registry.
•
The conditions under which procurement organizations and their employees can receive department authorization to access the Donor Registry.
•
The conditions of use of Donor Registry information.
The department has adopted emergency rules, which will become effective on March 29, 2010, to govern the Donor Registry during the period it will take to promulgate permanent rules.
Comparison with federal regulations
There appear to be no existing or proposed federal regulations that are comparable to the proposed rules.
Comparison with rules in adjacent states
Illinois:
There appears to be no administrative code governing the Illinois donor registry.
Iowa:
Iowa has no administrative code governing its donor registry.
Michigan:
Michigan has no administrative code governing its donor registry.
Minnesota:
Minnesota has no administrative code regarding its donor registry.
Summary of factual data and analytical methodologies
The department reviewed s.
157.06
, Stats., worked with the Department of Transportation as required under s.
157.06 (20)
, Stats., and reviewed donor programs in other states. The department also received comments from its stakeholder advisory group which includes representatives from the following organizations:
1.
University of Wisconsin Hospital and Clinics Organ Procurement Organization
2.
University of Wisconsin Hospital and Clinics Transplant Program
3.
Wisconsin Donor Network
4.
Froedtert Memorial Lutheran Hospital
5.
Children's Hospital of Wisconsin
6.
Aurora Health Care
7.
Life Source of Minnesota
8.
American Tissue Services Foundation, Inc.
9.
Musculoskeletal Transplant Foundation
10.
RTI Donor Services
11.
Wisconsin Tissue Bank
12.
Lions Eye Bank of Wisconsin
Small Business Impact
The rules do not affect small businesses.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
Summary
DHS will absorb the costs of maintaining and updating registry functions in the organ donor program budget and will provide grant funding to pay for six months .50 FTE LTE in the Department of Transportation to update driver's records. After that time the work is expected to be no more than 2 hours per week and will be absorbed by existing personnel.
The proposed rule would not affect the revenues or costs of local governments.
The proposed rule would not have a fiscal impact on small businesses over and above the costs imposed for the recovery organizations to conduct criminal background checks on employees who access the registry data. Most of these agencies already do so.
A copy of the full fiscal estimate may be obtained from the department's contact person listed below upon request.
State fiscal effect
Increase costs; may be possible to absorb within agency's budget.
Fund sources affected
PRO.
Local government fiscal effect
None.
Private sector fiscal effect
None.
Long-range fiscal implications
None known.
Agency Contact Person
Martha Mallon
1 W. Wilson Street, Rm. 233
Madison, WI 53701
Phone: (608) 261-6854
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN That pursuant to the authority granted under s.
601.41 (3)
, Stats., and the procedures set forth in under s.
227.18
, Stats., the Office of the Commissioner of Insurance (OCI) will hold a public hearing to consider emergency rules and proposed permanent rules revising section
Ins 3.75
, Wis. Adm. Code, relating to continuation of group health insurance policies.
Hearing Information
Date:
May 5, 2010
Time:
10:00 a.m., or as soon thereafter as the matter
may be reached
Place:
OCI, Room 227
125 South Webster Street, 2
nd
Floor
Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Robert Luck
Legal Unit — OCI Rule Comment for Rule Ins 375-2
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Robert Luck
Legal Unit - OCI Rule Comment for Rule Ins 375-2
Office of the Commissioner of Insurance
125 South Webster St – 2
nd
Floor
Madison WI 53703-3474
Comments can be emailed to:
Robert Luck
Comments submitted through the Wisconsin Administrative Rule Web site at:
http://adminrules. wisconsin.gov
on the proposed rule will be considered.
The deadline for submitting comments is
4:00 p.m. on the 14
th
day after the date for the hearing
stated in this Notice of Hearing.
Copies of Proposed Rules
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm
or by contacting:
Inger Williams, OCI
Public Information and Communications
Phone:
(608) 264-8110
Address:
125 South Webster St., 2
nd
Floor
Madison, WI 53703-3474
Mail:
PO Box 7873, Madison WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of agency authority
2009 Act 11
specifically permits the commissioner to enact this rule.
Related statutes or rules
Plain language analysis
In December 2009 Congress enacted section 1010 of the federal department of defense appropriations act, 2010 ("DOD Act"). This section extended the federal premium subsidy provided under the American Recovery and Reinvestment Act of 2009, provided for retroactive extension of coverage for a transition period, and required that notice of the extended subsidy and retroactive coverage and premium payment be given to assistance eligible individuals. This rule makes it clear that these rights must also be extended to assistance eligible individuals who are or were eligible for coverage under state law, either under s.
632.897
, Stats., or s. INS 3.75, Wisconsin Administrative Code. These rights include the following:
(a)
The DOD Act extended the federal premium reduction eligibility period for two months until February 28, 2010 and increased the maximum period for receiving the subsidy for an additional six months (from nine to 15 months).
(b)
Individuals who had reached the end of the federal reduced premium period before the DOD Act extended it to 15 months will have an extension of their grace period to pay the reduced premium. To continue their coverage they must pay the 35 percent of premium costs by February 17, 2010, or, if later, 30 days after they receive notice of the extension.
(c)
Individuals who ended the federal reduced premium subsidy and paid the full premium may obtain a credit for future months of coverage or a reimbursement of the overpayment.
(d)
Individuals who are assistance eligible individuals on or after October 31, 2009 or who experience a qualifying event on or after that date are entitled to notice, or additional notice, of the extended federal premium subsidy.
(e)
Individuals who are entitled to an extended premium grace period as described in paragraph (b), or a credit or refund for premium paid as described in paragraph (c), are entitled to notice of those rights.
Comparison with federal regulations
The proposed rule parallels the standards enacted by the DOD Act and makes it clear they are applicable to assistance eligible individuals who are or were entitled to coverage under s.
632.897
, Stats., or s.
Ins 3.75
, Wis. Adm. Code.
Comparison of similar rules in adjacent states
Illinois:
None.
Iowa:
None.
Michigan:
None.
Minnesota:
None.
Factual data and analytical methodologies
This proposed rule is based on, and parallels the DOD Act.
Analysis and supporting documentation used to determine rule's effect on small businesses
The rule imposes no substantial requirements on small employers but would allow discontinued employees of small employer who have group insurance the ability to elect continuation of health insurance coverage.
Small Business Impact
This rule will have little or no negative effect on small businesses and does not impose any additional requirements on small businesses.
Small Business Regulatory Coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
State and local government fiscal impact
There will be no state or local government fiscal effect.
Private sector fiscal impact
This rule change will have no significant negative effect on the private sector regulated by OCI but will allow numerous people to continue group health insurance that would not be able to without this change.
Agency Contact Person
Inger Williams, OCI
Public Information and Communications
Phone:
(608) 264-8110
Address:
125 South Webster St., 2
nd
Floor
Madison, WI 53703-3474
Mail:
PO Box 7873, Madison WI 53707-7873
Notice of Hearings
Justice Assistance
CR 10-010
(Reprinted from March 31, 2010 Register)
NOTICE IS HEREBY GIVEN that pursuant to ss.
16.964 (16) (b)
and
227.11 (2) (a)
, Stats., the Office of Justice Assistance (OJA) will hold public hearings at the times and places indicated below to consider the creation of Chapter
OJA 1
, relating to
the collection and analysis of motor vehicle traffic stop information.
Hearing Information
Date and Time
Location
April 26, 2010
Room 142 C (Student Lounge)
4:00 PM
Madison Area Technical College
3550 Anderson Street
Madison, Wisconsin
April 28, 2010
Room 250, Zelazo Center
4:00 PM
University of Wisconsin — Milwaukee
2419 East Kenwood Boulevard
Milwaukee, Wisconsin
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at a hearing, please call (608) 261-7005 at least 10 days prior to the hearing date. Accommodations will be made available to the fullest extent possible.
Copies of Proposed Rule
Copies of this proposed rule are available on the Office of Justice Assistance website at
http://oja.wi.gov
under "Current News" or at the state administrative rules website at
http://adminrules.wisconsin.gov
(search under "traffic stop"). Copies may also be obtained at no charge by making a request to Dennis Schuh, Program Director, Office of Justice Assistance, 1 S. Pinckney Street, Suite 615 Madison, WI 53703, Phone: (608) 266-7682. Email: Dennis.Schuh@ wisconsin.gov.
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation, but are urged to submit facts, opinions and argument in writing as well. Comments may also be submitted using the Wisconsin Admin. Rules Website at http://adminrules. wisconsin.gov or submitted by mail addressed to the agency contact person listed above. The deadline for submitting comments to the Office of Justice Assistance is 4:30 p.m. on April 30, 2010.
Analysis Prepared by the Office of Justice Assistance
Statutes interpreted
Statutory authority
Explanation of agency authority
(11y) RULE-MAKING RELATED TO TRAFFIC STOP INFORMATION COLLECTION AND ANALYSIS. The office of justice assistance in the department of administration shall submit in proposed form the rules required under section
16.964 (16) (b)
of the statutes, as created by this act, to the legislative council staff under section
227.15 (1)
of the statutes no later than February 1, 2010.
Under the provisions of s.
16.964 (16) (b)
, Stats. as created by
2009 Wisconsin Act 28
, "(t)he office shall promulgate rules relating to . . ." (traffic stop data collection, submittal, analyses and reports). "Office" is defined to mean "the office of justice assistance." s.
16.964 (1) (g)
, Stats.
Related statute or rule
Under
s.
349.027
, Stats., the person in charge of a law enforcement agency shall "cause to be obtained" information required by the OJA rules relating to each traffic stop made on or after January 1, 2011. The person in charge of a law enforcement agency is also required to submit the information to the OJA using the process and format prescribed by OJA rules.
Plain language analysis
These rules fulfill a statutory mandate that OJA adopt rules relating to the collection of information on traffic stops by law enforcement agencies (agencies) and analysis of the collected information by OJA. By statute, the rules are to relate to:
•
The types of information that agencies must collect and the circumstances under which it must be collected;
•
The process and format that agencies must use to submit the collected information to the OJA;
•
The types of analyses that OJA will perform; and,
•
Requirements for making reports to the legislature.
Proposed ch.
OJA 1
, in s.
OJA 1.03
, includes definitions of terms used in the statute and rule, including "law enforcement agency," "law enforcement officer," "person in charge of a law enforcement agency employing the law enforcement officer" "race or ethnicity" and "traffic stop."
No later than June 30, 2010, the Department of Transportation and the OJA are to enter into a memorandum of understanding covering traffic stop data collection procedures, forms, procedures, costs, staffing and training. Among other things, the terms of the agreement are to minimize impact on the time and expense of law enforcement agencies. Section
OJA 1.04
.
In section
OJA 1.05
, the rules describe the type of information that police officers must collect relating to traffic stops, categorized as operator, occupant, event and search data. The process that law enforcement agencies must use to submit traffic stop data to the Office of Justice Assistance is set out in s.
OJA 1.06
.
The types of data analysis that OJA will perform is described in s.
OJA 1.07
. The analysis will be completed by the Statistical Analysis Center in OJA. The Center will analyze the traffic stop data under the tests identified in s.
16.964 (16) (a)
, Stats., specifically, to determine:
(a)
Whether the number of traffic stops involving motor vehicles operated or occupied by members of a racial minority is disproportionate to the number of traffic stops involving motor vehicles operated or occupied solely by persons who are not members of a racial minority.
(b)
Whether the number of searches involving motor vehicles operated or occupied by members of a racial minority is disproportionate to the number of searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority.
Under the rule, the analysis may also evaluate correlations between the race and ethnicity of vehicle occupants and traffic stop events such as search requests and stop duration. OJA may also note whether other factors, such as specific law enforcement strategies, may contribute to identified disproportionalities. OJA is required to identify benchmarks and other analytical tools used in preparing its reports.
All of the OJA traffic stop reports shall be filed as required by statute and published on the agency's website. Section
OJA 1.08
.
Under section
OJA 1.10
, a law enforcement agency that does not submit traffic stop data will be identified in OJA reports.
Comparison with federal regulations
There is no known federal law requiring the collection and analysis of data about the racial or ethnic characteristics of individuals involved in traffic stops. However, the Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 23 USC s. 1906 provides guidance on local legislation. Section 1906 provides incentive funding for states to enact a law that prohibits the use of racial profiling in highway law enforcement and to allow public inspection of statistical information for each motor vehicle stop regarding the race and ethnicity of the driver and passengers.
Comparison with rules in adjacent states
Minnesota:
In 2001, Minn. Stats. §
626.951
, provided for a statewide racial profiling study with voluntary participation by law enforcement agencies. Sixty-five jurisdictions participated, reporting 194,189 total stops. The 2003 report from this study analyzed one year of data collected from the sixty-five jurisdictions. The complete report is available at
http://archive.leg.state.mn.us/docs/2004/mandated/040200.pdf
. According to the Minnesota study,
Law enforcement officers stopped Black, Latino, and American Indian drivers at greater rates than White drivers, searched Blacks, Latinos, and American Indians at greater rates than White drivers, and found contraband as a result of searches of Blacks, Latinos, and American Indians at lower rates than in searches of White drivers
. . . . (2001 Report, p. 1)
The report includes the conclusion that the patterns of disparate treatment ". . . suggest a strong likelihood that racial/ethnic bias plays a role in traffic stop policies and practices in Minnesota."
Minnesota does not currently have a statewide law requiring law enforcement officers to collect data and prepare reports on the race of persons who are stopped or searched in a traffic stop. However, Minnesota does have a law that defines "racial profiling" and requires the chief law enforcement officer of every state and local law enforcement agency to enforce a written anti-racial profiling policy governing the conduct of officers engaged in stops of citizens. Minn. Stat. §
626.8471
.
Iowa:
Iowa does not currently have a law requiring the police to collect traffic stop data that includes the race or ethnicity of vehicle operators or passengers. Between October 1, 2000 and March 3, 2002, the Iowa State Patrol collected traffic stop data from over 260,000 traffic stops. A report was prepared in April 2003, by the Iowa state Patrol and the Iowa Division of Criminal and Juvenile Justice Planning.
The 2003 Report, available at
http://publications. iowa.gov/7228/1/Stop_Data.pdf
, concluded, among other things, that,
Can we say whether or not ISP troopers are stopping, ticketing, searching or arresting people differently because of their race? The data in this report do not conclusively answer this question. They do give us an indication that Iowans are not more or less likely to be stopped by ISP troopers because of their race. . . .
The data in this report also do not definitively answer the question of whether or not the ISP troopers are influenced by a person's race or ethnicity when deciding whether to conduct a search or issue a warning vs. a formal sanction. The data do seem to indicate that race or ethnicity may have sometimes influenced decisions in these areas. However, such observations are only indications because a substantial number of cases had missing data and because the impact of numerous other variables that should affect such decisions is unknown (e.g. existence of outstanding warrants, severity of alleged traffic violations, visible contraband, incriminating driver or passenger behavior).
(2003 Report p. 8)
Illinois:
Illinois began collecting traffic stop data and issuing annual reports on January 1, 2004. The Illinois law was substantially amended in 2008. A Racial Profiling Prevention and Data Oversight Board (Board) was created to oversee plans and strategies to eliminate racial profiling in Illinois.
The recent 2008 Illinois report based on data reported from 2,518,825 traffic stops, sought to answer two questions.
•
To what extent, if any, does race influence an officer's decision to stop a vehicle?
•
To what extent, if any, does race influence the disposition of the stop? Was a citation issued? Was the vehicle subject to a consent search?
The ratio of minority drivers stopped to the minority driving population has improved each year. That is, the percentage of minority divers stopped by the police is getting closer to the estimated driving population.
Law enforcement agencies continue to pay careful attention to this issue and many have introduced policies and procedures to correct deficiencies.
Our newest measures of post-stop performance — duration of stop — suggests that traffic stops of minority drivers consume about the same time as those for Caucasian drivers.
The number of consent searches in Illinois continues to decline, but minority drivers are still more likely to be consent searched than Caucasian drivers. Differential refusal rates do not appear to contribute to this difference.
Police officers conducting consent searches are far more likely to find contraband in a vehicle driven by a Caucasian driver than by a minority driver. While there has been a significant amount of attention devoted to this issue, there is little evidence at this point of substantial improvement.
(2008 Report, p. 13)
The Illinois Act sunsets on July 1, 2010. The Illinois Board must recommend whether to continue the Illinois racial profiling study beyond July 1, 2010
.
Michigan:
Michigan does not have a statewide law currently in effect requiring traffic stop data collection and analysis, although some local studies have been conducted in Michigan.
Summary of factual data and analytical methodologies
OJA utilized an advisory committee and public listening sessions in developing proposed ch.
OJA 1
.
OJA appointed a 17-member Traffic Stop Data collection Advisory Committee to advise the agency with respect to this rulemaking. The committee included representatives of law enforcement (police chiefs, county sheriff, the state patrol) a police association, legislators, community representatives, the Department of Transportation, the Department of Natural Resources, the Office of the Public Defender and a civil liberties organization. The advisory committee met on September 28, 2009, October 14, 2009, November 18, 2009, December 17, 2009 and January 14, 2010. Presentations made to the committee include:
•
The Illinois Traffic Stop Study: Alexander Weiss, Ph.D. University of Illinois at Chicago Center for Research in Law and Justice.
•
Data Elements — Jerry Jansen, Criminal Justice Consultant, OJA.
•
Technology — Erin Egan, Citations & Withdrawals Section, Badger TraCS Program Manager, DOT, Division of Motor Vehicles.
•
Funding – Kathy Cushman, Citations and Withdrawals Section, DOT Division of Motor Vehicles.
•
Milwaukee Police Department Traffic Enforcement Policy and Data Analysis — Milwaukee Chief of Police Ed. Flynn.
•
Fundamental Questions and Benchmarks and a Draft Data Analysis Report Outline — Kristi Waits, Program Director, OJA Strategic Analysis Center.
•
Monitoring Stops for Biased Policing in Washington State — John R. Batiste, Chief of the Washington State Patrol.
•
Data Collection and Community Partnerships — Noble Wray, Chief of Police, Madison Police Department.
•
Local Law Enforcement Data Assessment (LLEDA), UW Report to BOTS — Joni Graves, Program Director, UW-Madison Transportation Information Center.
•
Analysis Software for Local Analysis — Greg Ridgeway, Ph.D. Director, RAND Corporation.
•
Benchmarks — Lorie Fridell,
Ph.D., University of South Florida, Department of Criminology.
Listening Sessions were held by the Advisory Committee and OJA from 4 and 7 PM on November 11, 2009 (La Crosse), November 12, 2009 (Green Bay), November 18 (Milwaukee), December 1, 2009 (Rice Lake, Superior, Crandon and Keshena), and December 12, 2009 (Kenosha/Racine). At the sessions the committee and OJA heard from citizens who commented about the issue of racial profiling and traffic stops and about the traffic stop data collection project mandated by
2009 Wisconsin Act 28
.
Small Business Impact
This rule does not have a significant effect on small business.
Fiscal Estimate
State fiscal effect
Increase costs, program revenue.
Local government fiscal effect
No fiscal effect.
Private sector fiscal effect
No fiscal effect.
A copy of the full fiscal estimate may be obtained from the agency contact person listed below, upon request.
Agency Contact Person
Dennis Schuh, Program Director
Office of Justice Assistance
1 S. Pinckney Street, Suite 615
Madison, WI 53703
Phone: (608) 266-7682
Notice of Hearings
Natural Resources
Environmental Protection — Hazardous Waste Management, Chs. NR 600—
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a)
,
227.24 (1)(a)
,
289.67 (2) (de)
and
291.07 (2)
, Stats., the Department of Natural Resources will hold public hearings on proposed Natural Resources Board Order No. WA-30-09,
CR 10-036
, and on Natural Resources Board Emergency Order No. WA-31-09(E),
EmR1007
, revising s.
NR 660.10
, pertaining to the definitions of hazardous waste "large quantity generator" and "small quantity generator." The emergency order was published and took effect on March 17, 2010.
Hearing Information
The hearing will be held live in Madison and via the Internet by "Live Meeting" or conference telephone in Green Bay, Milwaukee, and Eau Claire on:
Monday, April 26, 2010 at 9:00 am
Room G-09, Natural Resources State Office Building
101 S. Webster Street, Madison, Wisconsin
Lake Michigan Rm., DNR Northeast Region Headquarters
2984 Shawano Ave., Green Bay, Wisconsin
Room 139, DNR Southeast Region Headquarters
2300 N. Dr. Martin Luther King, Jr. Drive
Milwaukee, Wisconsin
Room 162, DNR West Central Region Headquarters
1300 W. Clairemont, Eau Claire, Wisconsin
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 Patricia Chabot at (608) 264-6015 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Rules and Submission of Written Comments
The emergency order, proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin
. gov
. Written comments on the proposed rule may be submitted via U.S. mail to Ms. Pat Chabot, Bureau of Waste and Materials Management, P.O. Box 7921, Madison, WI 53707-7921 or by email to
Patricia.Chabot@Wisconsin.gov
. Comments may be submitted until
April 30, 2010
. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the rules and fiscal estimate may be obtained from Ms. Chabot.
Analysis Prepared by the Department of Natural Resources
Statutes interpreted
Statutory authority
Summary of proposed rule
The 2009-2011 biennial budget (
2009 Wisconsin Act 28
, s.
2659
) amended s.
289.67 (2) (b) 1.
, Stats., to increase the annual base fee for large quantity and small quantity generators of hazardous waste. Section 2662 of Act 28 also created s.
289.67 (2) (de)
, Stats., which requires the DNR to promulgate a rule that defines "large quantity generator" and "small quantity generator" for purposes of the fees. Under current hazardous waste rules, generator status is functionally described in text but there are no specific, comprehensive definitions.
Section 9137 (2), a non-statutory provision in Act 28, allows the DNR to promulgate the required definitions through the emergency rule making procedures without having to provide a finding of emergency. The emergency order took effect March 17, 2010 and will remain in effect until July 1, 2011, or until a corresponding permanent rule takes effect if it is adopted sooner.
The emergency order added a definition of "large quantity generator" and revised the definition of "small quantity generator" in ch.
NR 660
, Wis. Adm. Code. Under prior hazardous waste rules, standards are set for large quantity and small quantity hazardous waste generators, so their status is functionally described, but there were no specific, comprehensive definitions of these terms. This proposed permanent rule is identical to the emergency rule. The definitions are consistent with and based upon the functional descriptions or standards that currently identify large quantity and small quantity generators.
Comparison with federal regulations
There is no specific definition of "large quantity generator" in the U.S. Environmental Protection Agency's hazardous waste regulations in
40 CFR § 260.10
, upon which s.
NR 660.10
is based. Large quantity generator status is functionally described in text in
40 CFR Part 262
,
Standards Applicable to Generators of Hazardous Waste
.
40 CFR § 260.10
, includes a definition of "small quantity generator" but the definition is incomplete. Small quantity generator status is functionally described in text in
40 CFR Part 262
. The department proposes to add explicit, complete definitions of large and small quantity generators to s.
NR 660.10
based on the state and federal functional definitions.
Comparison of similar rules in adjacent states
Minnesota:
Minnesota's hazardous waste rules in s. 7045.026 define large and small quantity generators. These definitions are similar to the definitions in the proposed rule.
Iowa:
Iowa does not have a federally authorized hazardous waste program. The program is administered by the U.S. Environmental Protection Agency Region 7 office in Kansas City, Mo., and the federal regulations are in effect in the state.
Illinois:
Illinois' hazardous waste rules have a definition for small quantity generator that is equivalent to the definition in the federal regulations. There is no definition of large quantity generator; however, a note after 35 Ill. Adm. Code 7220.127 states that the "[Illinois Pollution Control] Board interprets the term large quantity generator to mean a hazardous waste generator that is not a small quantity generator."
Michigan:
Under Michigan's rules in R 299.9107 (v), the definition of small quantity generator is equivalent to the federal definition. Large quantity generator is not defined in a rule.
Factual data and analytical methodologies
The proposed definitions are required by statute and reflect current state and federal functional definitions of "large quantity generator" and "small quantity generator" used in the state's hazardous waste management program and by US EPA.
Analysis and supporting documentation used to determine the rule's effect on small businesses
See above.
Small Business Impact
The proposed rules affect small businesses that are large quantity or small quantity generators of hazardous waste. There is no direct correlation between the definitions of "small business" and "large quantity generator" or "small quantity generator", so a precise assessment of the definitions' effect on small business is not possible. Small businesses may be either large quantity or small quantity generators of hazardous waste, or neither. In any case, under the revised hazardous waste generator base fee statute, the maximum additional amount that a large quantity generator would have to pay is $470. A small quantity generator would pay a maximum of $350 more than in past years.
Under the statutory language in effect before the 2009-2011 biennial budget bill (
2009 Wisconsin Act 28
), all large quantity generators and small quantity generators who were required to submit a hazardous waste annual report were required to pay a base fee of $210 and $20 per ton for hazardous waste generated during the reporting year. The tonnage fee did not apply to any wastes that were recycled or reused, and if a generator recycled or reused all of its hazardous waste, it was not required to pay the base fee either.
2009 Wis. Act 28
amended the statutes to increase the base fee from $210 to $350 for small quantity generators, and to $470 for large quantity generators. It also increased the maximum fee any generator would have to pay from $17,000 to $17,500 per year. In addition, the base fee was applied to all generators who are required to report, regardless of whether they recycled or reused any or all of their wastes. The per ton fee remains at $20 per ton.
No new recordkeeping or reporting requirements are created and no new skills are required to comply with the proposed rules.
The proposed rules are definitions only, but are a key component of the hazardous waste generator annual fee requirements set out in recently-revised s.
289.67
, Stats. The fee requirements (statutes and rules) will be enforced by department staff through compliance assistance, complaint follow-up and inspections. If a violation is found, the department normally uses a stepped enforcement process similar to the process it uses for other environmental programs.
This stepped process includes the following:
•
Notice of non-compliance, this is typically the first step in dealing with a problem and is usually done by a program specialist through a letter to the generator. It's expected that the generator, once notified of the problem will, correct the problem quickly.
•
Notice of Violation, this is typically the second step in dealing with a problem and is a higher level of enforcement. Typically, the Notice of non-compliance hasn't resulted in the problem being resolved and this next step includes an opportunity for a face-to-face meeting with program and enforcement staff. At this meeting, it's expected that the generator will make commitments to resolve the problem and will follow through.
•
Referral to the Attorney General for prosecution and injunctive relief, when appropriate. In addition to being liable for unpaid fees, a person who fails to pay fees in a timely manner may be subject to statutory enforcement mechanisms and penalties for hazardous waste violations as established in subchapter V of ch.
291
, Stats.
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
State fiscal effect
Increase existing revenues.
The most recent data for number of Hazardous Waste Generators is from 2008: 733 SQGs and 448 LQGs. Of the total SQGs, 390 SQGs reported fees, leaving 343 SQGs new to paying the revised fees. Of the total LQGs, 288 reported fees, leaving 160 LQGs new to paying the revised fees.
Revenue Increase to Previous Payers:
Number of
Previous Payers
|
Base Fee Increase
|
Revenue Increase
|
SQG = 390
|
SQG = $140
|
SQG = $ 54,600
|
LQG = 288
|
LQG = $260
|
LQG = $ 74,800
|
|
|
Total = $129,480
|
Revenue Increase to Previous Payers:
Number of
New Payers
|
New Fee
|
Revenue from New Payers
|
SQG = 343
|
SQG = $350
|
SQG = $120,500
|
LQG = 160
|
LQG = $470
|
LQG = $ 75,200
|
|
|
Total = $195,250
|
It is estimated that based on the number of 2008 HW generators paying the previous fee at the $17,000 previous maximum, the new revenue with the shift to the new $17,500 maximum will be $2,731.
Total estimate new state revenue: $327,461.
Fund sources affected
SEG.
Local government fiscal impact
Increase costs.
Over the last 3 years, on average 17 Local Units of Government (13 SQGs & 4 LQGs) generated hazardous waste at a level which required them to submit an annual report. Of those 17, on average 3 (2 SQGs & 1LQG) recycled or reused all of their wastes, so they were not required to pay the base fee (based on the previous statutory language).
Number of
Previous Payers
|
Base Fee Increase
|
Cost Increase
|
SQG = 11
|
SQG = $140
|
SQG = $1,540
|
LQG = 3
|
LQG = $260
|
LQG = $ 780
|
|
|
Total = $2,320
|
Number of
New Payers
|
New Fee
|
Costs to New Payers
|
SQG = 2
|
SQG = $350
|
SQG = $ 700
|
LQG = 1
|
LQG = $470
|
LQG = $ 470
|
|
|
Total = $1,170
|
Total Additional Costs for Local Governments = $3,490
Local governmental units affected
Villages, Cities, Counties.
Long-range fiscal implications
None.
Agency Contact Person
Ms. Patricia Chabot, WA/5
Wisconsin Department of Natural Resources
P.O. Box 7921
Madison, WI 53707-7921
Phone: (608) 264-6015
