PROPOSED ORDER OF
DEPARTMENT OF HEALTH SERVICES
TO ADOPT PERMANENT RULES
The Wisconsin Department of Health Services
proposes an order to
create ch.
DHS150
, relating to grants for workplace wellness programs, and relating to small businesses.
RULE SUMMARY
Statute interpreted
See the “Statutory authority” section.
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a)
reads
:
Rule-making authority is expressly conferred on an agency as follows:
(a)
Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1.
A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
(2) WORKPLACE WELLNESS PROGRAM GRANTS.
Subject to the limitations provided under
sub. (3)
and after the department's approval of the application, from the appropriation account under
s.
20.435 (1) (bn)
, the department shall award a grant to each applicant who provides a workplace wellness program to any of the applicant's employees who are employed at a small business in this state in an amount not to exceed 30 percent of the amount that the applicant paid during the year to provide such a program, not including any amount paid to acquire, construct, rehabilitate, remodel, or repair real property.
(3)
LIMITATIONS.
The maximum amount of the grants that may be awarded to all applicants in any fiscal year is $3,000,000. No applicant may be awarded a grant under this section for a workplace wellness program in existence before March 15, 2014. No applicant may be awarded more than one grant under this section. No grants may be awarded under this section after December 31, 2018.
(4)
ADMINISTRATION.
A person wishing to receive a grant under this section shall apply for a grant in the manner prescribed by the department. An applicant shall include with the application an itemized list of the applicant's expenditures for providing a workplace wellness program. The department shall promulgate rules to administer this section.
Related statute or rule
Plain language analysis
Section
250.21
, Stats., requires the department to award to businesses with 50 or fewer employees, one time grants for up to 30% of the costs,
excluding amounts paid to acquire, construct, rehabilitate, remodel, or repair real property
,
paid during the year,
to provide for its employees,
a
workplace wellness program defined under s.
250.21 (1) (c)
, Stats., as a
health or fitness program that includes health risk assessments and one or more of the following programs or services:
Chronic disease prevention.
Weight management.
Stress management.
Worker injury prevention programs.
Health screenings.
Nutrition education.
Health or fitness incentive programs.
Vaccinations.
Employee physical examinations.
The legislature under s.
250.21 (3)
, Stats., provides that the maximum amount that the department award to all applicants in any fiscal year is
$3,000,000
. Section
250.21 (3)
, Stats., further provides that the department may not award grants for workplace wellness programs in existence before March 15, 2014, and sunsets g
rant disbursements
on
December 31, 2018.
The department is required under s.
250.21
,
(4)
, Stats., to establish rules
to administer workplace wellness program grants. The department proposes to establish, by rule, an application process
and
application review criteria.
The department proposes to grant an award of 30% of allowable costs to applicants with complete applications. If the grant funds become depleted in a state fiscal year, the department proposes to put the applicants in the queue for the next state fiscal year.
Summary of, and comparison with, existing or proposed federal regulations
There appear to be no existing or proposed federal regulations that address the activities to be regulated by the rules.
Comparison with rules in adjacent states
Illinois:
There appears to be no existing or proposed regulations in Illinois that address the activities to be regulated by the proposed rules.
Iowa:
There appears to be no existing or proposed regulations in Iowa that address the activities to be regulated by the proposed rules.
Michigan:
There appears to be no existing or proposed regulations in Iowa that address the activities to be regulated by the proposed rules.
Minnesota:
There appears to be no existing or proposed regulations
in Minnesota
that address the activities to be regulated by the proposed rules.
Summary of factual data and analytical methodologies
The department formed an advisory committee to help develop the proposed rules. The committee included:
one or more
representatives
from
the
Wisconsin
Manufacturers and Commerce,
Wisconsin – National Federation of Independent
Business, Wellness Council of
Wisconsin
,
local health departments
,
Eau Claire
Chamber of Commerce
,
American Heart
Association, YMCA
,
and
M3
Insurance
.
The
committee
met three times and recommended the content contained in the rule
s
and
the
related application form.
T
he committee used the knowledge of the group to comply with the law
in s.
250.21
, Stats.,
and
to
make
the process easy
for small businesses, as defined in s.
250.21 (1)
,
(b)
, Stats., to apply.
The committee reviewed other state rules and processes and
used
an example from Massachusetts
as a starting point
to
help
draft the
department’s
application form.
Analysis and supporting documents used to determine effect on small business
The proposed rules will impact businesses with 50 or fewer employees that choose to establish a workplace wellness program and apply for a grant, and the employees of such businesses.
The proposed rules do not impose regulatory
or other
requirements on businesses, including small businesses
, beyond those required under s.
251.20
, Stats
.
Applying
for
a
workplace wellness
grant is voluntary and involve
s
a minimum time commitment to
complete
the application form
which
has only
eight
required questions.
Thus, costs to complete the application are negligible.
Effect on small business
The proposed rules do not impose requirements on businesses, including small businesses.
Agency contact person
Statement on quality of agency data
To prepare the text and analysis of the proposed rules, the department relied on the language in
s.
250.21
, Stats.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at
http://adminrules.wisconsin.gov
after the hearing is scheduled.
RULE TEXT
SECTION 1. Chapter
DHS 150
(
title
)
is created to read:
DHS 150 Grants for Workplace Wellness Programs
SECTION
2
. DHS 150.01 to 150.04 are created to read:
DHS 150.01 Authority and purpose.
This chapter is promulgated under the authority of s.
250.21
, Stats., to establish a process for awarding grants from the appropriation under s.
20.435 (1) (bn)
, Stats., to
reimburse small businesses for allowable costs incurred in establishing a workplace wellness program for its employees employed in this state.
DHS 150.02 Definitions
. In this chapter:
(1) “Allowable costs” means any costs, except excluded costs, paid by a small business, in a 12 month period, to provide a workplace wellness program for its employees employed in this state.
(2) “Applicant” means the owner of the small business
or that person’s agent
applying for
a
workplace wellness grant under this chapter.
(3) “Complete application” means
all of
the
required
questions on the application form are
answered
.
(
4
) “Department” means the department of health services.
(
5
) “Excluded costs” means any costs paid by a small business to acquire, construct, rehabilitate, remodel, or repair real property to provide a workplace wellness program to its employees employed in this state.
(
6
) “Grant funding period” means the period beginning on March 15, 2014 and ending on December 31, 2018.
(
7
) “Small business” has the meaning given in s.
250.21 (1) (b)
, Stats.
(
8
) “State fiscal year” means the annual period commencing on the first day of July every year and ending on the succeeding June 30th.
(
9
) “Workplace wellness program” has the meaning given in s.
250.21 (1) (c)
, Stats.
(
10
) “Workplace wellness program grant” or “grant” means a one-time disbursement, in an amount not more than 30% of allowable costs, to a small business that provides a workplace wellness program for its employees employed in this state.
DHS 150.03. Application requirements
. (1) Only a small business
owner
may apply for a workplace wellness program grant.
(2) To apply for a workplace wellness program grant, the
applicant
shall apply on an application form supplied by the department. The applicant shall complete the application fully and accurately and submit the application and all of the following to the department:
(a) An itemized list of costs paid by the small business in any 12 month period, during the grant funding period, to establish a workplace wellness program for its employees employed in this state.
(b) If requested by the department, a receipt for the costs submitted under par. (a).
Note
: An application for a workplace wellness grant can be completed online
at
http://www.dhs.wisconsin.gov/physical-activity/Worksite/index.htm
. A paper application can be obtained from the department
by download
at
http://www.dhs.wisconsin.gov/physical-activity/Worksite/index.htm
or by submitting a
written
request to Chronic Disease Unit, 1 W. Wilson St, Room 218, Madison, WI 53703
.
DHS 150.04 Department action on grant application.
(1
)
The department shall accept grant applications on a continuous basis throughout the grant funding period. Upon receipt of an application, the department shall do all of the following:
(a)
Except as provided under sub. (2), issue
the
small business a
grant
of 30% of allowable costs
within 60 calendar days after receiving a complete application for a grant under s.
DHS 150.03 (2)
.
(b) 1. Review and make award decisions on applications in the order
that
the applications are received.
If
an application for a grant is received after the appropriation under s.
20.435 (1) (bn)
, Stats., is depleted for the state fiscal year, the application shall be considered received
on
the first day of the next state fiscal year.
2. If an application for a grant is incomplete, the department
shall
request the applicant to provide the missing information or documentation.
Only a fully completed
application
may be awarded a
grant.
(2) The department may not award a grant under any one of the following circumstances:
(a) The grant funding period has expired.
(b) The costs submitted for reimbursement are outside the grant funding period.
(c) The costs submitted for reimbursement are excluded costs.
(d) The department previously awarded the small business a grant under this chapter
.
(e) The application is incomplete.
(f) The applicant fails to provide the department with receipts for costs requested under s.
DHS 150.03 (2) (b)
.
SECTION
3
.
EFFECTIVE DATE: This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s.
227.22 (2)
, Stats.
