STATEMENT OF SCOPE
WISCONSIN DEPARTMENT OF HEALTH SERVICES
CHAPTERS/ DHS 2 Recoupment of Benefit Overpayments
RELATING TO: DHS 5 Personnel Administration in Local Human Services Agencies
DHS 12 Caregiver Background Checks
DHS 13 Reporting and Investigation of Caregiver Misconduct
DHS 36 Comprehensive Community Services for Persons with Mental Disorders and Substance-Abuse Disorders
DHS 65 Supportive Services for Families with Disabled Children
DHS 92 Confidentiality of Treatment Records
DHS 97 Complaint Procedures for Inmates of the Wisconsin Resource Center
DHS 98 Field Supervision of Clients
DHS 114 Neonatal Intensive Care Unit Training Grants
DHS 125 Do-Not-Resuscitate Orders Directed at Emergency Health Care Personnel
DHS 134 Facilities Serving People with Developmental Disabilities
DHS 143 Hearing Impaired Children
DHS 157 Radiation Protection
DHS 190 Institution Sanitation
DHS 199 Tobacco Control Activities
RULE TYPE: Permanent
SCOPE TYPE: Original
SUMMARY
Introduction
This Statement of Scope seeks authorization to repeal or amend rules that the Department identified as being in need of revision throughout the review process required under s. 227.29, Stats., and to make other corrections based upon information provided to the Department by the Legislative Reference Bureau. Description of rule objective/s
The Department proposes the following:
1. Ch. DHS 2: Repeal the rule chapter because it applies to programs that were transferred to the Wisconsin Department of Children and Families in 2008. 2. Ch. DHS 5: Repeal the rule chapter because it describes processes that the Wisconsin Department of Children and Families is authorized to regulate and which are no longer practiced by the Department.
3. DHS 12.03 (22): Amend provisions referencing the term “treatment foster home” because the term no longer appears in the statutes.
4. DHS 13.03 (16): Correct the citation to the definition of a “nurse aide.”
5. DHS 36.03 (10m) & (11m): Remove the term “infirmities of aging” within section DHS 36.03 (10m) and (11m). The term no longer appears in the statute. 6. Ch. DHS 65: Repeal the rule chapter because the statute authorizing the rule has been repealed.
7. DHS 92.04 (11) (a): To repeal the portion of s. DHS 92.04 (11) (a) stating treatment records may be made accessible to a patient’s counsel for the interest of the public only as authorized under s. 51.30 (4) (b) 14., Stats. 2001 Wisconsin Act 16 repealed s. 51.30 (4) (b) 14., Stats. 8. DHS 97.03 (1) (b) & DHS 97.04 (2) (b): To replace the term “DMHSAS” with “DCTS,” reflecting the change in the name of the “division of mental health and substance abuse services” to the “division of care and treatment services.”
9. DHS 98.12 (2): To repeal s. DHS 98.12 (2), which requires a violation report shall be prepared for a client who absconds, in accordance with s. DOC 331.03 (4). Chapter DOC 331 has been repealed.
10. Ch. DHS 114: Repeal chapter DHS 114 because the training grant program is no longer funded by statute. 11. DHS 125.02, 125.03 (5m), (6) & (7), DHS 125.05 (1), (3)(a)1., (c), (5) (a), and (6): Amend provisions to ensure conformity with the updated statutory definitions and terminology for certain types of emergency medical service personnel in authorizing statute, ch. 154, Wis. Stats, as amended by 2017 Wis. Act.12. 12. DHS 134.82 (3) (f): Amend s. DHS 134. 82 (3) (f) to remove the reference to s. 101.123 (4), Stats., because the statute was repealed.
13. Ch. DHS 143: Repeal chapter DHS 143 because eligibility criteria and requirements related to children with hearing loss in need of amplification services are now specified by federal law. 14. DHS 157.96 (8): To amend s. DHS 157.96 (8) to replace the citation to the repealed s. NR 809.81, with s. NR 809.833.
15. Ch. DHS 190: Repeal the obsolete rule chapter because it applies to entities that are regulated through other, more recent, rule chapters.
16. DHS 199.02 & (Note), DHS 199.03 (2), (3), (5), (8), (12) & (Note), DHS 199.04 (1) (intro.), (d) 2., & (e), (2), DHS 199.05 (2) (a), (b), DHS 199.05 (3) (a) 3., (b) 1. & 3., (5) (a) 1. & 2., (b) (intro.), (6) (a) 1.-3., (b) 1.- 3., DHS 199.06 (1) (a) 1.- 3., (b), (c), (2)-(4), (5) (a)-(c), DHS 199.07 (1), (2), (3) (b)-(d): To amend provisions that refer to the “tobacco control board” or “board.” Section 15.195 (1), Stats., which created the Tobacco Control Board, was repealed by 2003 Wisconsin Act 33 and tobacco control activities were transferred to the Department of Health Services. Existing policies relevant to the rule
1. Ch. DHS 2: The rule chapter was intended to establish certain procedures for the recovery of incorrectly paid benefits to children and families. 2. Ch.DHS 5: The rule chapter was intended to ensure fair and efficient personnel administration of local aging, mental health, alcohol and other drug abuse, developmental disabilities, public health, income maintenance and social services positions supported by federal funds which require that personnel standards on a merit basis be established and maintained. 4. DHS 13.03 (16): Section DHS 13.03 (16) defines the term “nurse aide.” 5. DHS 36.03 (10m) & (11m): Section DHS 36.03 (11m) defines the term “infirmities of aging.” The term is also used in the definition for “elder,” provided in s. DHS 36.03 (11m). 6. Ch. DHS 65: The rule chapter was intended to establish procedures, criteria and requirements relating to the distribution of funds to county departments for the provision of goods and services to families who have a disabled child living in the home.
7. DHS 92.04 (11) (a): Section DHS 92.04 (11) (a) states that treatment records or portions of treatment records may be made accessible to the patient’s counsel or guardian ad litem only under several specific circumstances, including to the counsel for the interest of the public only as authorized under s. 51.30 (4) (b) 14., Stats. 8. DHS 97.03 (1) (b) & DHS 97.04 (2) (b): Section DHS 97.03 (1) (b) defines “DMHSAS administrator”, and s. DHS 97.04 (2) (b) references the term within the context of specifying a complaint procedures for inmates of the Wisconsin Resource Center. 9. DHS 98.12 (2): Section DHS 98.12 (2) states that a violation report shall be prepared for a client who absconds, in accordance with s. DOC 331.03 (4).
10. Ch. DHS 114: The rule chapter was intended to establish a neonatal intensive care unit training grant program. 11. DHS 125.02, 125.03 (5m), (6) & (7), DHS 125.05 (1), (3)(a)1., (c), (5) (a), and (6): Affected provisions describe to do-not-resuscitate orders requirements for “emergency medical technicians” and “first responder” and define these terms.
12. DHS 134.82 (3) (f): Section DHS 134.82 (3) (f) requires facilities to have and enforce policies and rules regarding smoking. 13. Ch. DHS 143: The rule chapter was intended to specify eligibility criteria and requirements related to children with hearing loss in need of amplification services.
