WISCONSIN DEPARTMENT OF HEALTH SERVICES
PROPOSED ORDER TO ADOPT PERMANENT RULES
The Wisconsin Department of Health Services proposes an order to repeal ss. DHS 90.05 (4) (a) 2. (Note 1), 90.06 (1) (a) (Note) and (1m) (Note), 90.07 (3) (c) 2. (Note), 90.12 (5) (b) 3. (Note), (6) (a) 2. c. (Note), and (6) (b) (Note); 103.085 (3) (b) 2. and (6); 104.01 (9) (b) 2. g., 104.02 (1) (Note), 106.06 (27), 107.06 (4) (e), 107.09 (4) (v), 107.30 (3) (b) and (Note), 152.02 (25); 250.03 (1), and 251.03 (13); to amend ss. DHS 90.06 (1) (a), Table: Assignment of Parental Cost Share (Note), and (2) (o) 2., 90.07 (3) (b) (Note), 90.10 (5) (f) 4. a. and 5. b., 90.12 (3) (g), 90.12 (4) (a), (4) (b) 1., (5) (c), and (6) (d) 4. d., 103.04 (7) (d), 104.01 (3), 104.02 (1), 105.02 (5), 105.16 (6) (a) (intro.), 105.19 (1) (b), 105.22 (1) (b) and (3), 105.23 (1) (c), 107.03 (12), 107.112 (2) (a) and (4) (e); 107.13 (2) (d) 1.; 107.24 (2) (c) 1. and 4. to 6.; 109.03 (12); and 250.06 (1) (a); and to create ss. DHS 105.22 (1) (bn) to (br); and 250.03 (15), relating to biennial review. RULE SUMMARY
Statute interpreted
Statutory authority
Explanation of agency authority
Under s. 227.29 (1) (a) to (e), Stats., the Department is required to complete an agency review of rules on a biennial basis and make changes to rules that are: unauthorized rules, as defined in s. 227.26 (4) (a), Stats., together with a description of the legislation that eliminated the agency's authority to promulgate any such rule; rules for which the authority to promulgate has been restricted, together with a description of the legislation that restricted that authority; rules that are obsolete or that have been rendered unnecessary, together with a description of why those rules are obsolete or have been rendered unnecessary; rules that are duplicative of, superseded by, or in conflict with another rule, a state statute, a federal statute or regulation, or a ruling of a court of competent jurisdiction, together with a citation to or the text of any such statute, regulation, or ruling; or rules that the agency determines are economically burdensome.. Related statute or rule
Plain language analysis
The Department has identified needed administrative rule changes to chs. DHS 90, 103, 104, 105, 106, 107, 109,152, 250, and 251 through the rule review process required under s. 227.29, Stats., and based upon information provided to the Department by the Legislative Reference Bureau. Summary of, and comparison with, existing or proposed federal regulations
Not applicable – The proposed rule order is based on requirements set forth in s. 227.29, Stats. Comparison with rules in adjacent states
Illinois:
Not applicable – The proposed rule order is based on requirements set forth in s. 227.29, Stats. Iowa:
Not applicable – The proposed rules order is based on requirements set forth in s. 227.29, Stats. Michigan:
Not applicable – The proposed rule order is based on requirements set forth in s. 227.29, Stats. Minnesota:
Not applicable – The proposed rule order is based on requirements set forth in s. 227.29, Stats. Summary of factual data and analytical methodologies
The Department relied upon requirements under s. 227.29, Stats., and information provided to the Department by the Legislative Reference Bureau. Analysis and supporting documents used to determine effect on small business
The department’s fiscal estimate and economic impact analysis determined that the proposed rules would not have any effect on small businesses.
Effect on small business
The rules are anticipated to have no economic impact on small businesses.
Agency contact person
Statement on quality of agency data
See “summary of factual data and analytical methodologies” section above.
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 notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
SECTION 1. DHS 90.05 (4) (a) 2. (Note 1) is repealed.
SECTION 2. DHS 90.06 (1) (a) is amended to read:
DHS 90.06 (1) (a) “Annual income after disability deductions” means the annual parental income less a deduction of $3,300 for each member of the family participating in the birth to 3 program and each child under 19 years of age with a disability as defined in s. DHS 65.02 (5)s. 46.272 (1) (b), Stats. SECTION 3. DHS 90.06 (1) (a) (Note) and (1m) (Note) are repealed.
SECTION 4. DHS 90.06 Table: Assignment of Parental Cost Share (Note) is amended to read:
DHS 90.06 Table: Assignment of Parental Cost Share Note: The federal poverty guidelines are adjusted yearly and are published annually in the Federal Register. The department will distribute the applicable federal poverty guidelines information that is effective each year. To receive the current Federal Poverty Guidelines, contact the Birth to 3 Program Coordinator at the Division of Disability and Elder Services, P.O. Box 7851, Madison, WI 53707, or call 608−266−8276, or fax 608−261−6752.
SECTION 5. DHS 90.06 (2) (o) 2. is amended to read:
DHS 90.06 (2) (o) 2. The early intervention record is kept separate from other records on the child maintained by the agency unless the parent specifically agrees in writing that another record and the early intervention record be kept together. Other records Records that might be kept with the early intervention record are the family support assessment and plans include an individual service plan under s. 46.985, Stats., and ch. DHS 65, and the community options program assessment under s. 46.27 (6), Stats the programs established in ss. 46.011 (1g) and 46.272, Stats. Note: Section 46.985, Stats., was repealed by 2015 Wis. Act 55 rendering Chapter DHS 65 unenforceable and without effect. Chapter DHS 65 will be repealed in future rulemaking. SECTION 6. DHS 90.07 (3) (b) (Note) is amended to read:
DHS 90.07 (3) (b) (Note): Referral sources should differentiate between a request or need for a formal screening and referral for an evaluation. For example, a child diagnosed as having Down syndrome, which has a high probability of resulting in a developmental delay, should be referred for an evaluation rather than a formal screening, whereas a child who seems slow in speech or motor development may first be formally screened to determine if there is need for an evaluation.
SECTION 7. DHS 90.07 (3) (c) 2. (Note) is repealed.
SECTION 8. DHS 90.10 (5) (f) 4. a. and 5. b. are amended to read:
DHS 90.10 (5) (f) 4. a. Prepare a written transition plan to reflect decisions made at the conference and the roles of sending and receiving agencies at least 90 days but not more than 9 months before the child reaches age 3; and
DHS 90.10 (5) (f) 5. b. Prepare a written transition plan to reflect decisions made
at the conference and the role of sending and receiving agencies at least 90 days but not more than 9 months before the child reaches age 3.
SECTION 9. DHS 90.12 (3) (g) is amended to read:
DHS 90.12 (3) (g) The county administrative agency shall inform the parent when personally identifiable information contained in the early intervention record is no longer needed to provide early intervention services. The information shall be destroyed at the request of the parent except that a permanent record of the child’s name, date of birth, the parent’s address, the parent’s phone number, and dates of enrollment in the program names of service coordinator(s) and service provider(s), and exit data, including year and age upon exit and any programs entered into upon exiting, may be maintained. In this paragraph, “destruction” means physical destruction or removal of personally identifiable information from the early intervention record.
