STATEMENT OF SCOPE
WISCONSIN DEPARTMENT OF HEALTH SERVICES
SCOPE TYPE: Original
PROPOSED RULE TYPE: Permanent
EMERGENCY: Not applicable
CHAPTER/S: DHS 1 Uniform Fee System
DHS 5 Personnel Administration in Local Human Services Agencies
DHS 10 Family Care
DHS 12 Caregiver Background Checks
DHS 15 Assessment for Occupied Beds in Nursing Homes and Intermediate Care Facilities for the Mentally Retarded
DHS 40 Mental Health Day Treatment Services for Children
DHS 60 Traffic and Conduct on State Treatment Institution Property
DHS 61 Community Mental Health and Developmental Disabilities
DHS 63 Community Support Programs for Chronically Mentally Ill Persons
DHS 73 Selected Fiscal Management Procedures and Standards Under the Community Options Program and Medical Assistance Home and Community-Based Services Waiver
DHS 75 Community Substance Abuse Service Standards
DHS 88 Licensed Adult Family Homes
DHS 101 Introductions and Definitions
DHS 103 Eligibility
DHS 104 Recipient Rights and Duties
DHS 105 Provider Certification
DHS 106 Provider Rights and Responsibilities
DHS 107 Covered Services
DHS 110 Emergency Medical Services Licensing, Certification, and Training Requirements
DHS 122 Long-Term Care Facility Bed Additions and Capital Expenditures Review
DHS 124 Hospitals
DHS 129 Certification of Programs for Training and Testing Nurse Aides, Medication Aides and Feeding Assistants
DHS 132 Nursing Homes
DHS 134 Facilities Serving People with Developmental Disabilities
DHS 152 Reimbursement for Treatment of Chronic Renal Disease
SUMMARY
1. Description of rule objective/s
The objective of the proposed rulemaking is to comply with 2019 Executive Order 15. The Order requires each state agency to review its administrative rules and replace any derogatory or offensive terms with current, inclusive terms. Note: The Department is already in the process of revising or repealing many of the rule chapters listed above, as authorized by other Statements of Scope. In addition, current legislative proposals (2019 AB 20 and 2019 SB 19) aim to directly amend many of the affected rule chapters. The Department will replace outdated and non-inclusive terms as expeditiously as possible under the authority of this, or previously-approved Statements of Scope, and based upon the outcome of current legislative proposals.
2. Existing policies relevant to the rule
Affected rule chapters contain terms that are no longer current or inclusive, such as “mentally retarded,” “mental retardation,” and “handicapped.”
3. Policies proposed to be included in the rule
The Department proposes to update affected rules with current and inclusive terms, including related acronyms, such as “ICF/MR,” “ICF-MR,” and “QMRP.”
4. Analysis of policy alternative/s
There are no reasonable alternatives to the rulemaking. The Department has been directed by Executive Order to update affected rules with current and inclusive terms.
5. Statutory authority for the rule