1. Type of Estimate and Analysis | 2. Date |
☐ Original ☐ Updated ☐Corrected | 04/22/24 |
3. Administrative Rule Chapter, Title and Number (and Clearinghouse Number if applicable) |
Med 24 |
4. Subject |
Telemedicine and Telehealth |
5. Fund Sources Affected | 6. Chapter 20, Stats. Appropriations Affected |
☐ GPR ☐ FED ☐ PRO ☐ PRS ☐ SEG ☐ SEG-S | s. 20.165 (1) (hg) |
7. Fiscal Effect of Implementing the Rule |
☐ No Fiscal Effect ☐ Indeterminate | ☐ Increase Existing Revenues ☐ Decrease Existing Revenues | ☐ Increase Costs ☐ Decrease Costs ☐ Could Absorb Within Agency’s Budget |
8. The Rule Will Impact the Following (Check All That Apply) |
☐ State’s Economy ☐ Local Government Units | ☐ Specific Businesses/Sectors ☐ Public Utility Rate Payers ☐ Small Businesses (if checked, complete Attachment A) |
9. Estimate of Implementation and Compliance to Businesses, Local Governmental Units and Individuals, per s. 227.137(3)(b)(1). $0 |
10. Would Implementation and Compliance Costs Businesses, Local Governmental Units and Individuals Be $10 Million or more Over Any 2-year Period, per s. 227.137(3)(b)(2)? ☐ Yes ☐ No |
11. Policy Problem Addressed by the Rule |
The objective of the proposed rules is to implement the statutory changes from 2021 Wisconsin Act 121. This was achieved by revising the definition of “telemedicine”, as well updating a reference to the Physician Assistant Affiliated Credentialing Board. |
12. Summary of the Businesses, Business Sectors, Associations Representing Business, Local Governmental Units, and Individuals that may be Affected by the Proposed Rule that were Contacted for Comments. |
The rule was posted on the Department's website for 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received. |
13. Identify the Local Governmental Units that Participated in the Development of this EIA. |
None. |
14. Summary of Rule’s Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State’s Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred) |
DSPS estimates that it will incur a total of $3,200 in one-time costs for implementing the provisions of this rule. The estimated one-time costs are for the equivalent of a 0.1 limited term employee and associated overhead for activites including rulemaking, staff training, website update and update of reference documents. The one-time costs cannot be absorbed in the currently appropriated agency budget. |
15. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule |
The benefit is that there will be more clarity on the definition of Telehealth for Physicians and the other health professions credentialed by the Medical Examining Board. |
16. Long Range Implications of Implementing the Rule |
The long range implications of implementing the rule are that the Medical Examining Board's chapter Med 24 will be in compliance with the statutory definition of Telehealth.. |
17. Compare With Approaches Being Used by Federal Government |
18. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota) |
Illinois: The Illinois Department of Financial and Professional Regulation is responsible for the licensure and regulation of the practice of medicine in Illinois, with input from the Illinois State Medical Board. The Illinois Department is also responsible for the promulgation of rules to implement certain sections of the Illinois Medical Practice Act of 1987. This Act contains requirements for applications, licensure, and discipline for physicians. As outlined in Section 49.5, telemedicine may only be performed by someone who has an Illinois medical license or permit. Telemedicine includes, but is not limited to diagnosis and treatment of a patient in Illinois by a person in a different location than the patient via electronic means of communication. [225 Illinois Compiled Statutes ch. 60 s. 49.5]. Iowa: The Iowa Board of Medicine is responsible for the licensure and regulation of medicine and surgery in Iowa. Chapter 148 of the Iowa Code includes statutory requirements for licensure, composition and powers of the Iowa Board, and discipline for physicians [Iowa Code ch. 148]. The Iowa Administrative Code includes rules relating to medical practice, including Telemedicine. In Iowa, Telemedicine means the practice of medicine via electronic communications including asynchronous transmission. [653 Iowa Administrative Code ch. 13 s. 13.11]. Michigan: The Michigan Board of Medicine is responsible for the licensure and regulation of medical practice in Michigan. Act 368 Article 15 Part 170 of the Michigan Compiled Laws includes the regulations for medicine in Michigan, among several other occupations. Some of the requirements in this part include those for licensure, informed consent, and duties of the Michigan Board. [Michigan Compiled Laws ss. 333.17001-333.17097]. The statutory definition for Telehealth in Michigan is contained in Act 218 Chapter 34 Section 500 and includes the use of electronic media to link patients with health care professionals [Michigan Compiled Laws s. 500.3476 (2) (b)]. Minnesota: The Minnesota Board of Medical Practice is responsible for the licensure and regulation of medicine in Minnesota. Part 6800 of the Minnesota Administrative Code includes requirements for licensure, continuing education, and hearings before the Minnesota Board. [Minnesota Administrative Rules part 5600]. Chapter 147 of the Minnesota Statutes, or the Minnesota Medical Practice Act, also includes requirements for licensure, practice, and discipline for physicians, as well as Telehealth [Minnesota Statutes ch. 147]. In Minnesota, the statutory definition of Telehealth is included in the Minnesota Telehealth Act and means the delivery of healthcare services via two-way interactive communications [Minnesota Statutes ch. 62A s. 62A.673 (2) (h)]. |
19. Contact Name | 20. Contact Phone Number |
Nilajah Hardin, Administrative Rules Coordinator | 608-267-7139 |
ATTACHMENT A |
1. Summary of Rule’s Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred) |
2. Summary of the data sources used to measure the Rule’s impact on Small Businesses |
3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses? |
☐ Less Stringent Compliance or Reporting Requirements ☐ Less Stringent Schedules or Deadlines for Compliance or Reporting ☐ Consolidation or Simplification of Reporting Requirements ☐ Establishment of performance standards in lieu of Design or Operational Standards ☐ Exemption of Small Businesses from some or all requirements ☐ Other, describe: |
4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses |
5. Describe the Rule’s Enforcement Provisions |
6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form) |
☐ Yes ☐ No |
