ALL about DHS 83 Re-Write

On August 29, 2008, the Department sent the latest version of the DHS 83 rewrite to the Legislature. After due consideration, the two Legislative committees chose not to hold hearings.  When the final rule left the legislature on September 17, it went back to DHS for any final changes. On November 25 the final rule was filed. The new rule is expected to go into effect April 1, 2009. You can imagine how tickled we would be with that date to begin implementation!

At that time, the rule is in effect and the implementation as laid out in the Final Proposed Rulemaking Order will begin – which in most cases is immediately. There is a provision to allow 12 months to implement the new training requirements and a few other items that have different timelines.

Follow the following link to view the Final Rulemaking Order Filed.

While BAL is not expected to start issuing citations for those not meeting the new rule the day it is in effect, and will use the next year as a phase in, it is imperative that you start to review your operations and physical plant to meet the new expectations. You can begin now to see what will be expected of you by reviewing the documents listed below and starting to plan now.
 
We have been informed that BAL plans to do one live training for CBRF providers, in each of the five regions as well as a web cast.  We expect the BAL trainings to be at no cost to the providers and we were told that it is anticipated that BAL will do these trainings before the rule goes into effect – which would mean in March.  They intend to hold both provider training and staff training.

The WALA DHS 83 Rewrite Committee has already met to begin development of our very comprehensive trainings. Current plans are to provide regional overview trainings across the state and then more specific courses in more complex issues such as the new training requirements, new assessments/ISP, etc.  The Committee is seeking comments from you, WALA members, on issues you notice, comments you have and items that WALA should highlight in these trainings.  It is too early to announce when these trainings will occur.

To review the documents that were sent to Legislature you can read the following documents found in the below links:

All who testified or sent written comments in December have their comments listed on page 13 - 21 of the Report to the Legislature. There is complete list of the 114 persons who attended the public hearing or submitted comments on the proposed rule, the position taken by the commenter and whether or not the individual provided written or oral comments.  From page 22 - 66 of the Report to the Legislature are the Rule Provision, Public Comment and the Department Response. Read Carefully - this will answer many of your questions.

WALA'S Proposal on Alternate Administrator Qualifications was approved (page 33 of Report to The Legislature) "The Department has amended DHS 83.15 (1) as requested by the commentators to permit individuals . . . who have completed a Department approved course and at least 2 years experience working in a health care related field to be employed as a CBRF administrator." Actual language (Final Proposed Rulemaking Order page 34): 83.15 (d) "At least 2 years experience working in a health care related field having direct contact with one or more of the client groups identified under s. DHS 83.02(16) and have successfully completed a department-approved assisted living administrator's training course."

Updates - Check the WALA website at www.ewala.org on a regular basis as we will post all information as soon as we receive it.

The old WALA DHS 83 FAQ can be found here.

 


WALA