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Please see http://docs.legis.wisconsin.gov for the production version.
Nurse aide training programs are not defined by the North American Industry Classification System (NAICS), as most of these programs operate within the Wisconsin Technical College System or within a healthcare facility. Specific revenue, expense, and staffing data is therefore not available from this source. The Department instead relies on data obtained through the Division of Quality Assurance’s nurse aide training options databases.

As of June 1, 2021, 120 nurse aide training programs are operated by various entity types within state. The type of entity and number of programs is provided below:

  Nursing homes 26
  Wisconsin technical colleges - 56
  High schools - 4
  Home health agency - 1
  Hospitals - 8
  Facilities serving people with developmental disabilities - 4
  Universities - 2
  Private - 18
  United States Department of Agriculture (USDA) Forest Service - 1

Based on a review of Department licensing data, including financial reports submitted by the entities, Medicaid reimbursement data, number of beds and whether the entity is a part of a larger healthcare organization, the Department has determined that the affected nursing homes, hospitals and facilities serving people with developmental disabilities are not small businesses as defined by s. 227.114 (1) (a), Stats., because they employ more than 25 full-time employees and have gross annual sales of more than $5,000,000. Additionally, the technical colleges, high schools, universities and the USDA Forest Service also do not meet the definition of a small business because they employ more than 25 full-time employees and have gross annual sales of more than $5,000,000.
Effect on small business
Based on the foregoing analysis, the proposed rules are anticipated to have little to no economic impact on small businesses.
Agency contact person
Patricia Benesh
Division of Quality Assurance

PO Box 2969

Madison, WI 53701-2969

(608) 264-9896

Patricia.Benesh@dhs.wisconsin.gov
Statement on quality of agency data
The data sources used to draft the rules and analyses are accurate, reliable and objective, and are listed in the summary of factual data and analytical methodologies section of this rule order.
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/active-rulemaking-projects.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 129.03 (30m) is repealed and recreated to read:
DHS 129.03 (30m). Nurse aide training program” means an instructional program for a nurse aide that is approved by the department as mandated by s. DHS 146.40 (3) or (3g), Stats.
SECTION 2. DHS 129.03 (31) is repealed.
SECTION 3. DHS 129.07 (1) (title) and (intro.) are repealed and recreated to read:
DHS 129.07 (1) Curriculum for a nurse aide training program. (1) The training program shall include theory and practice in all of the following care areas:
SECTION 4. DHS 129.07 (1m) is repealed.
SECTION 5. DHS 129.07 (2) (b) (title) and 1. are repealed and created to read.
DHS 129.07 (2) (b) Program standards for training programs.
1.   A training program shall include at least 75 training hours as required under 42 CFR 483.152 (a). At least 16 of those 75 training hours must be in a clinical experience in a clinical setting as required under 42 CFR 483.152 (a) and approved by the department. The first 16 hours of training shall be provided in a classroom setting before a student has direct contact with clients. Tours of a facility, including observations of clients and day-to-day facility activities, may be incorporated into the classroom hours. Competency evaluation under s. DHS 129.08 and provider orientation may not be counted toward meeting the 75-hour minimum requirement.
SECTION 6. DHS 129.07 (2) (bm) is repealed.
SECTION 7. Effective date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
1
See CR 16-088, which became effective on October 1, 2017, available at https://docs.legis.wisconsin.gov/code/chr/all/cr_16_088.
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