Chapter DHS 199
TOBACCO CONTROL ACTIVITIES
DHS 199.01 Authority and purpose. DHS 199.02 Applicability. DHS 199.04 Project eligibility. Ch. DHS 199 NoteNote: Chapter TCB 1 was created as an emergency rule effective November 7, 2000. Chapter TCB 1 was renumbered to HFS 199 under s. 13.93 (2m) (b) 1. Stats., and corrections were made under s. 13.93 (2m) (b) 7., Stats., Register January 2004 No. 577. Chapter HFS 199 was renumbered chapter DHS 199 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. DHS 199.01DHS 199.01 Authority and purpose. This chapter is promulgated under the authority of s. 255.15 (1m) (c), Stats., for the purpose of establishing criteria, procedures, requirements and conditions for the award of project grants from the appropriation under s. 20.435 (1) (fm), Stats., to organizations that operate or propose to operate programs reducing tobacco use by preventing tobacco use, promoting tobacco use cessation, and eliminating environmental tobacco smoke. DHS 199.01 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01; correction made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667. DHS 199.02DHS 199.02 Applicability. This chapter applies to the department of health services, to applicants for grants awarded by the department, and to organizations that have been awarded grants by the department. DHS 199.03DHS 199.03 Definitions. In this chapter: DHS 199.03(1)(1) “Administrative costs” means costs associated with implementing grant objectives and activities, such as the provision of office space, telephone service and employees. DHS 199.03(2)(2) “Applicant” means an organization that applies for a grant from the department to operate a program reducing tobacco use by preventing tobacco use, promoting tobacco use cessation, and eliminating environmental tobacco smoke. DHS 199.03(3)(3) “Continuation grant” means a grant awarded by the department to an applicant who received an initial grant for the current funding year and who proposes to continue to operate the same program, or that program as modified in consultation with the department, in the new funding year. DHS 199.03(4)(4) “Culturally competent” means activities that are appropriate and effective for the populations those activities are directed at and that utilize the leadership of those populations in developing, implementing and evaluating those activities. DHS 199.03(4m)(4m) “Department” means the department of health services. DHS 199.03(5)(5) “Evaluation committee” means a department committee that reviews and evaluates applications. DHS 199.03(6)(6) “Funding year” means the 12–month period beginning July 1. DHS 199.03(7)(7) “Governmental body” means a state or local agency, board, committee, council, department or public body created by constitution, statute, ordinance, rule. DHS 199.03(9)(9) “Initial grant” means a grant awarded for the first time to an applicant. DHS 199.03(10)(10) “Public agency” has the meaning prescribed in s. 46.856 (1) (b), Stats., namely, a county, city, village, town or school district, an agency of Wisconsin state government or an agency of a county, city, village, town or school district. DHS 199.03(11)(11) “Request for proposals” or “RFP” means a document that describes a grant program, invites applications for the grant and specifies who may apply, application procedures, criteria for awarding grants and conditions and restrictions that accompany grant awards. DHS 199.03(13)(13) “Tobacco prevention and control” means anti-tobacco activities including but not limited to comprehensive efforts in prevention, cessation, policy advocacy, media and countermarketing, evaluation, monitoring, and administrative activities. DHS 199.03 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register July 2011 No. 667; CR 20-067: am. (2), (3), cr. (4m), am. (5), (8), r. (12) Register December 2021 No. 792, eff. 1-1-22. DHS 199.04(1)(a)(a) Fund projects that have prevention and control of tobacco use as their primary goal. DHS 199.04(1)(b)(b) Make funds available to community coalitions such that each county of the state has the opportunity to have at least one anti-tobacco coalition ensuring tobacco prevention and control activities within its geographic borders. DHS 199.04(1)(c)(c) Fund only programs or projects that are culturally competent. DHS 199.04(1)(d)1.1. Fund media activities that shall be measured against the following performance-based standards: DHS 199.04(1)(d)1.a.a. Create awareness of campaign messages among 80% of the target population within 6 months of initiating the campaign message. DHS 199.04(1)(d)1.b.b. Create a 10% change in attitudes, beliefs and knowledge of identified tobacco-related issues. Issues may include secondhand smoke, the dangers of tobacco, tobacco addiction cessation and the roles of the tobacco industry. DHS 199.04(1)(d)2.2. As determined appropriate by the department, specify additional performance-based standards in each grant contract based on the scope and content of the media and counter-marketing campaign. DHS 199.04(1)(e)(e) Fund programs or projects that demonstrate plans and progress toward achieving program quality criteria and indicators of success specified in the grant RFP and the department strategic plan. DHS 199.04(1)(f)(f) Fund only programs or projects that maintain administrative costs no more than 10% of total costs. DHS 199.04(1)(g)(g) Fund programs and projects that demonstrate independence from the influence of the tobacco industry. DHS 199.04(2)(2) The department may provide funding to governmental organizations performing or providing support for tobacco prevention and reduction activities, including tobacco education, cessation services, policy development, policy advocacy, monitoring, evaluation, resource distribution, program planning or monitoring. DHS 199.04 HistoryHistory: Cr. Register, May, 2001, No. 545, eff. 6-1-01; CR 03-033: am. (1) (d) 1. b. Register January 2004 No. 577, eff. 2-1-04; CR 20-067: am. (1) (intro.), (d) 2., (e), (2) Register December 2021 No. 792, eff. 1-1-22. DHS 199.05(1)(a)3.3. A coalition of organizations under the auspices of a public agency or a legally-formed organization. DHS 199.05(1)(a)4.4. The tribal governing body of a federally recognized Wisconsin tribe or band of Indians, or an American Indian organization appointed by the tribal governing body. DHS 199.05(2)(a)(a) The department shall solicit applications for initial grants by preparing one or more RFPs, publishing a legal notice of the availability of each RFP at least twice in the official state newspaper no later than 3 weeks before the application deadline, and distributing copies of an RFP on request. DHS 199.05(2)(b)(b) Based upon satisfactory performance and availability of funds, the department may solicit applications annually for continuation grants from current grantees. The department’s solicitations shall be published as a legal notice at least twice in the official state newspaper no later than 3 weeks before the application deadline. The department shall provide details of the continuation grant to interested parties upon request. DHS 199.05(3)(a)1.1. An application for an initial grant shall be made on forms included in the RFP. DHS 199.05(3)(a)3.3. The application shall be submitted to department in accordance with the deadline and processes indicated in the RFP. DHS 199.05(3)(b)1.1. The department may solicit applications for continuation grants from currently funded projects in a form determined by the department to be appropriate for the projects. DHS 199.05(3)(b)2.2. The continuation solicitation shall specify a date by which the applicant must apply. DHS 199.05(3)(b)3.3. The application shall be submitted to the department in accordance with the deadline, required format and content specifications indicated in the continuation solicitation. DHS 199.05(4)(4) Content of application. An application for an initial grant shall include all of the following: DHS 199.05(4)(c)(c) An abstract that briefly describes the project and highlights the project’s purpose. DHS 199.05(4)(e)(e) A justification of the proposed budget detailing cost estimates used in compiling the budget request. DHS 199.05(4)(g)(g) A statement of assurance of compliance with applicable federal statutes and regulations and state statutes and rules, including the requirements of this chapter and the RFP. DHS 199.05(5)(a)1.1. ‘Preliminary review.’ All initial grant applications shall include all of the application contents specified in sub. (4) and, if applicable, the RFP. The department or its designated evaluation committee shall review each application for compliance with the format and content specifications of sub. (4) and the RFP. Applications that fail to meet all of the criteria may not be approved by the department. Rejection of an application for failure to meet form and content specifications is not subject to appeal to the department. DHS 199.05(5)(a)2.2. ‘Evaluation criteria.’ The department or its designated evaluation committee shall evaluate initial grant applications that receive a favorable preliminary review as specified in subd. 1. against criteria specified in sub. (4) and the RFP. The criteria shall include all of the following: DHS 199.05(5)(a)2.a.a. The applicant’s organizational and programmatic capacity to implement the proposed project. DHS 199.05(5)(a)2.b.b. The applicant’s understanding and ability to communicate the needs of the target population. DHS 199.05(5)(a)2.c.c. The applicant’s stated purpose and objectives for the program and methods and timetable for implementing the program. DHS 199.05(5)(b)(b) Criteria for evaluating continuation applications. The department or its designated evaluation committee shall evaluate continuation grant applications against all of the following criteria: DHS 199.05(5)(b)1.1. The applicant’s understanding and capacity to communicate the needs of the target population. DHS 199.05(5)(b)2.2. The applicant’s timetable for implementing the continuation of the current program.
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