LRB-1059/1
DAK:jld:pg
2007 - 2008 LEGISLATURE
November 15, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Public Health, Senior Issues, Long Term Care and Privacy.
SB327,1,5
1An Act to repeal 254.11 (8r); and
to amend 49.46 (2) (b) 13., 254.11 (8u), 254.15
2(1), 254.151 (2), 254.164 (4), 254.166 (2) (b) and 254.168 (intro.) of the statutes;
3relating to: replacing the term lead inspection with the term lead
4investigation with respect to the level of lead in certain premises (suggested as
5remedial legislation by the Department of Health and Family Services).
Analysis by the Legislative Reference Bureau
Currently, the Department of Health and Family Services (DHFS) must
develop and implement a comprehensive statewide lead poisoning or lead exposure
prevention and treatment program that, among other things, includes lead
inspection requirements that DHFS must promulgate as rules. DHFS must also
promulgate rules that establish standards for the care coordination and follow-up
of children under six years of age with lead poisoning or lead exposure, including lead
inspections of all or part of a child's dwelling or other dwellings or premises that may
have contributed to the child's lead poisoning or lead exposure.
Also under current law, after consulting with a technical advisory committee,
DHFS may promulgate rules that require periodic lead inspections of or a
demonstration that no lead hazard is present at a foster home, group home, shelter
care facility, day care provider, day care center, nursery school, kindergarten, or
other facility that serves children under six years of age. "Lead management
activity" is defined as a lead inspection or the design or management of lead hazard
reduction. DHFS is authorized to promulgate rules to establish certification
requirements for the performance or supervision of the performance of lead hazard
reduction or lead management activities. Training courses in lead hazard reduction
or lead management activities must be accredited by DHFS.
Currently, after being notified that a child under the age of six has blood lead
poisoning or lead exposure, DHFS or a local health department that DHFS
designates as its agent may request admission to the child's dwelling to conduct a
lead investigation; however, if DHFS is notified that a child under the age of six has
an elevated lead blood level, DHFS or the agent must conduct a lead investigation
of the dwelling. If DHFS or the agent determines that a lead hazard is present,
DHFS or the agent may, among other things, inform a local health officer of the
results of a lead inspection. "Lead inspection" is defined as the inspection of a
dwelling or premises for the presence of lead. "Lead investigation" is defined as a
measure or set of measures designed to identify the presence of lead or lead hazards.
Lastly, under current law, care coordination and follow-up services, including
lead inspections, are provided for Medical Assistance program recipients who have
lead poisoning or lead exposure. DHFS also must award grants to provide lead
poisoning or lead exposure screening, care coordination, and follow-up services,
including lead inspections, to children under age six who are not covered by a
third-party payer.
This bill eliminates the definition of the term "lead inspection" and replaces
that term with the term "lead investigation" throughout the statutes that currently
refer to lead inspections. The bill removes reference to an obsolete date.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Health and Family Services and introduced by
the Law Revision Committee under s. 13.83 (1) (c) 4., stats. After careful consideration
of the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
SB327, s. 1
1Section
1. 49.46 (2) (b) 13. of the statutes is amended to read:
SB327,2,42
49.46
(2) (b) 13. Care coordination and follow-up
, including lead
3investigations, as defined in s. 254.11 (8s), of persons having lead poisoning or lead
4exposure, as defined in s. 254.11 (9)
, including lead inspections.
Note: Updates terminology in the statute relating to Medical Assistance
reimbursement for care coordination and follow-up of persons having lead poisoning or
exposure, to refer to "lead investigations" rather than "lead inspections".
SB327, s. 2
5Section
2. 254.11 (8r) of the statutes is repealed.
Note: Repeals a reference to "lead inspection". This term is encompassed in the
broader term "lead investigation" which is defined in s. 254.11 (8s) of the statutes.
SB327, s. 3
1Section
3. 254.11 (8u) of the statutes is amended to read:
SB327,3,32
254.11
(8u) "Lead management activity" means a lead
inspection investigation 3or the design or management of lead hazard reduction.
SB327, s. 4
4Section
4. 254.15 (1) of the statutes is amended to read:
SB327,3,175
254.15
(1) Develop and implement a comprehensive statewide lead poisoning
6or lead exposure prevention and treatment program that includes lead poisoning or
7lead exposure prevention grants under s. 254.151; any childhood lead poisoning
8screening requirement under rules promulgated under ss. 254.158 and 254.162; any
9requirements regarding care coordination and follow-up for children with lead
10poisoning or lead exposure required under rules promulgated under s. 254.164;
11responses to reports of lead poisoning or lead exposure under s. 254.166; any lead
12investigation requirements under rules promulgated under ss. 254.167
; any lead 13inspection requirements under rules promulgated under
and 254.168; any lead
14hazard reduction requirements under rules promulgated under s. 254.172;
15certification, accreditation and approval requirements under ss. 254.176 and
16254.178; any certification requirements and procedures under rules promulgated
17under s. 254.179; and any fees imposed under s. 254.181.
SB327, s. 5
18Section
5. 254.151 (2) of the statutes is amended to read:
SB327,3,2119
254.151
(2) To fund lead poisoning or lead exposure screening, care
20coordination and follow-up services, including lead
inspections investigations, to
21children under age 6 who are not covered by a 3rd-party payer.
SB327, s. 6
22Section
6. 254.164 (4) of the statutes is amended to read:
SB327,4,3
1254.164
(4) A lead
inspection
investigation of all or part of the child's dwelling
2or other dwellings or premises that may have contributed to the child's lead
3poisoning or lead exposure.
SB327, s. 7
4Section
7. 254.166 (2) (b) of the statutes is amended to read:
SB327,4,75
254.166
(2) (b) Inform the local health officer of the results of the lead
6inspection investigation and provide recommendations to reduce or eliminate the
7lead hazard.
SB327, s. 8
8Section
8. 254.168 (intro.) of the statutes is amended to read:
SB327,4,15
9254.168 Lead inspections investigations of facilities serving children
10under 6 years of age. (intro.) Subject to the limitation under s. 254.174, the
11department may promulgate rules that
, after June 30, 1998, require any of the
12following facilities to have periodic lead
inspections
investigations at intervals
13determined by the department or to otherwise demonstrate that the facility does not
14contain a lead hazard, if any part of the facility was constructed before January 1,
151978:
Note: These sections delete the term "lead inspection" in chapter 254 of the
statutes, relating to toxic substances, and replaces it with the term "lead investigation",
which is a broader term which encompasses lead inspections.
