Comparison with rules in adjacent states
Provisions relating to similar subjects of the proposed rule are contained in various sections of code from adjacent states. See, for example, Illinois Admin. Code. tit. 59 §106 (Services Charges), tit. 89 § 103 (Support Responsibility of Relatives), tit. § 545 (Ratemaking), tit. § 560 (Customer Financial Participation), IAC Rules 441.11 (Collection of Public Assistance Debts), IAC Rules 441.36 (Facility Assessments), IAC Rules 445.95 (Collections), Michigan Admin. Code r. 330.8005-330.8284 (Financial Liability for Mental Health Services), Minnesota Rules ch. 9550 Part 9550.6240 (Collections), ch. 9515 Part 9515.2200 (Sources of Income Considered), ch. 9515 Part 9515.2600 (Responsible Relative’s Ability to Pay).
Summary of factual data and analytical methodologies
The Department established an advisory committee comprised of representatives from Jackson, Portage, Marathon, Walworth, Green and Outagamie counties, as well as a representative from the Department of Children and Families. The advisory committee held nine open meetings in 2016 and 2017. The Department also reviewed policies and procedure materials from the Western Region of Integrated Care Consortia (Jackson, Monroe and La Crosse counties), Portage, Walworth, Green, Lafayette, Outagamie, and Marathon County collection procedures. In addition, the department solicited comments about the proposed rulemaking through its website and throughout the entire rule promulgation process.
Analysis and supporting documents used to determine effect on small business
The Department collected public comments in regards to economic impact from August 6, 2018 to August 20, 2018. The Department also established an advisory committee comprised of representatives from Jackson, Portage, Marathon, Walworth, Green and Outagamie counties, as well as a representative from the Department of Children and Families. The advisory committee held nine open meetings in 2016 and 2017. The Department also reviewed policies and procedure materials from the Western Region of Integrated Care Consortia (Jackson, Monroe and La Crosse counties), Portage, Walworth, Green, Lafayette, Outagamie, and Marathon County.
Effect on small business
The proposed rule does not affect small business.
Agency contacts
Mary P. Jablonski
Section Chief
Bureau of Fiscal Services – Revenue & Cash Management
(608) 261-5984
Barry Kasten
Administrative Rule Coordinator
Division of Enterprise Services
(608) 266-0314
Statement on quality of agency data
The Department did not rely upon any data in preparing the proposed rule.
Place where comments are to be submitted and deadline for submission
RULE TEXT
SECTION 1. DHS 1 (Title) is repealed and recreated to read:
Uniform Fees, Liability and Collections
SECTION 2. DHS 1.01 is repealed and recreated to read:
DHS 1.01 Authority and purpose.
This chapter is authorized by s. 227.11 (2) and interprets ss. 46.03 (18) and 46.10, Stats., to establish a system for determining fees, liability, billing, and collection practices for services. SECTION 3. DHS 1.02 is repealed and recreated to read:
DHS 1.02 Definitions.
“Administratively unfeasible” means the cost of collection would likely exceed the fee established for a service.
“Client” means a person that has received services.
“County department” means any of the following:
(a)
A county department of social services under ss. 46.215, 46.22, or 46.23, Stats.(b)
A county department of community programs under s. 51.42, Stats.(c)
A county department of developmental disabilities services under s. 51.437, Stats.“Collection period” means the period of time calculated for each unit of service, which begins on the day a service is provided and ends as provided in ss. 893.87, 893.40, Stats., or as provided under any other applicable statute of limitations. “Services” means services provided to a person by the department or a county department, or care, maintenance, services and supplies described in s. 46.10 (2), Stats., except: (d)
Services provided by the department or a county department under ch. 48, subch. III of ch. 49, Stats.(e)
Community-based juvenile delinquency-related services.(f)
Juvenile correctional services.(g)
Services provided to courts.(h)
Outreach, information, and referral services.(i)
Services for which the department or a county department determines fee collection would be administratively unfeasible, or assignment of liability for the service would prevent accomplishing the purpose of the service.(j)
Any other services for which the department or a county department may not legally assess a fee, establish liability, or collect payment. “Department” means the department of health services.
“Fee” means the amount established for a service under s. DHS 1.03. “Minor” means a person under 18 years of age.
“Parent” means any of the following:
A person who currently has legal custody under Wisconsin law of a minor client who receives services, or who had legal custody under Wisconsin law of a minor at the time services were provided, except when a court determined or ordered that the person is not liable or otherwise responsible for their payment.
(k)
A person that a court determines or orders to be liable or otherwise responsible for payment of services provided to a minor. (l)
A resident of the state appointed guardian of a child by a foreign court who brought a child into this state for the purpose of adoption, as described in s. 48.839 (1), Stats.“Spouse” means any of the following:
(m)
A person who is currently married, as recognized by Wisconsin law, to a person who received services. (n)
A person who was married, as recognized by Wisconsin law, to a person who received services at the time services were provided. SECTION 4. DHS 1.03 is repealed and recreated to read:
DHS 1.03 Fees.
(1)
The department shall establish fees for services provided by department institutions. (1)
(2)
Fees for services provided by the county department under s. 51.42, Stats., shall be established and approved annually by the county board of supervisors. (2)
SECTION 5. DHS 1.04 is repealed and recreated to read:
DHS 1.04 Liability.
(1)
GENERAL. Unless otherwise provided by law, the following are liable for services provided to a client:(o)
A client who is not a minor.
