Rule-Making Notices (Hearing Notices)

11:00 a.m. - 1:00 p.m.   Room 137 A

  Waukesha, Wisconsin

The public hearing sites are accessible to people with disabilities.

Analysis Prepared by the Department of Corrections

The department's rule on inmate complaint procedures was last amended in 1998. Since that time the department has designed and added a new database and automated many of the record-keeping functions described in this rule. As prison administration continually evolves, so must our administrative code. For these reasons, the department proposes updating the rule.

Since implementing the department's Inmate Complaint Tracking System, physical processing of inmate complaints has changed. This rule helps to clarify the process and that, in turn, promotes efficiency as well as understanding. For example, this rule proposal eliminates various vague statements such as in s. DOC 310.06 (2) (b) which states that the Inmate Complaint Examiner may “reject a complaint in accordance with provisions of this chapter;" and inserts a more concrete statement of “return complaint forms that do not meet the filing requirements of this chapter." This language is more specific and provides inmates with the clear understanding that their complaints may be returned without being processed for failure to comply with filing requirements. The previous statement notified inmates that they might have their complaint returned but did not go as far to inform the inmate of a specific reason. Clarity in this rule may even lead to fewer inmate complaints, as they may understand the system better. The addition of specific requirements in s. DOC 310.09 (1) ensures that inmates know exactly what is required of them in filing complaints. It ensures easier processing of complaints through consistency and should logically result in fewer inmate complaints being returned for incomplete filing. This clarification will also assist the department in investigating inmate complaints in a timelier manner.

This proposed rule also eliminates redundancy by removing such items as s. DOC 310.08 (1), which states that “an inmate may use the complaint review system individually or with a group of inmates collectively." This statement is simply not necessary at this point in the rule as it is addressed in detail in ss. DOC 310.09 as well as 310.10.

This rule proposal eliminates unnecessary directives regarding internal processing such as in ss. DOC 310.08 (4) and (5), which state where complaints will be directed within the department. DOC 310.11 (1) is also amended to simplify existing language to merely specify that “ICE staff" collect complaints.

This rule proposes changes in the time limits throughout the complaint process. The time limit for making a recommendation to the appropriate reviewing authority and the time needed to render a decision have each expanded by five working days. This change reflects both the increased time needed to effectively review and decide certain complaints, as well as the time needed to review the increasing number of complaints from a growing inmate population.

The current rule allows an inmate to appeal only a frivolous complaint to the appropriate reviewing authority, while this proposed rule allows inmates to appeal a rejected complaint to the appropriate reviewing authority. Non-frivolous complaints are currently reviewed directly by the Corrections Complaint Examiner, thereby skipping a logical step in the process. The proposed rule also makes the reviewing authority's decision final in all appeals, not just frivolous appeals as in the current rule.

In summary, this rule proposal more logically and succinctly explains the progression of the complaint from its origin with the inmate through the appeal process and final decision, when applicable, by the Office of the Secretary of the Department of Corrections.

Initial Regulatory Flexibility Analysis

These rules are not expected to have an effect on small businesses.

Fiscal Estimate

The department's rule on inmate complaint procedures was last amended in 1998. Since that time, the department has designed and added a new database and has also automated many of the recordkeeping functions described in this rule. For these reasons, the department proposed updating the rule.

The updated language helps clarify the process by adding specificity, eliminating redundancy, and providing inmates with a clear understanding of how the process works.

This rule proposes changes in the time limits throughout the complaint process. The time limit for making a recommendation to the appropriate reviewing authority and the time needed to render a decision have each expanded by five working days. This change reflects both the increased time needed to effectively review and to make a decision.

Ultimately, this rule proposal explains the complaint process in a more logical and concise manner. It is not anticipate that these changes will have any fiscal impact on the department.

Contact Person

For a copy of the proposed rule contact:

Julie Kane [phone]

Office of Legal Counsel

P.O. Box 7925

Madison, Wisconsin 53707-7925

If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written Comments

Written comments on the proposed rules received at the above address no later than July 22, 2002, will be given the same consideration as testimony presented at the hearing.

Notice of Hearing

Health & Family Services
(Health, Chs. HFS 110-)

[CR 02-083]

Notice is hereby given that, pursuant to s. 149.143 (2) (a) 2., 3., and 4. and (3), Stats., the Department of Health and Family Services will hold a public hearing to consider the amendment of ss. HFS 119.07 (6) (b) (intro) and health care premium tables and 119.15, Wis. Adm. Code, relating to operation of the Health Insurance Risk-Sharing Plan (HIRSP), and the emergency administrative rules taking effect on the same subject on July 1, 2002.

Hearing Information

The date, time and location of the public hearing is:

July 15, 2002   Conference Room 372

Monday   State Office Building

1:00 p.m.   1 West Wilson Street

  MADISON, WI

The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.

Analysis Prepared by the Department of Health and Family Services

The State of Wisconsin in 1981 established a Health Insurance Risk-Sharing Plan (HIRSP) for the purpose of making health insurance coverage available to medically uninsured residents of the state. One type of medical coverage provided by HIRSP is the Major Medical Plan. This type of coverage is called Plan 1. Eighty-eight percent of the 13,645 HIRSP policies in effect in March 2002 were of the Plan 1 type. Plan 1 has Option A ($1,000 deductible) or Option B ($2,500 deductible). The average premium rate increase for Plan 1 contained in these updated HIRSP rules is 25.4%. Rate increases for specific policyholders range from 19.2% to 27.8%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. According to state law, HIRSP premiums must fund 60% of plan costs and cannot be less than 150% of the amount an individual would be charged for a comparable policy in the private market.

A second type of medical coverage provided by HIRSP is supplemental coverage for persons eligible for Medicare. This type of coverage is called Plan 2. Plan 2 has a $500 deductible. Twelve percent of the 13,645 HIRSP policies in effect in March 2002 were of the Plan 2 type. The average premium rate increase for Plan 2 contained in these updated HIRSP rules is 30.8%. Rate increases for specific policyholders range from 23.3% to 33.5%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. These rate increases reflect general and industry-wide cost increases and adjust premiums in accordance with the authority and requirements set out in s. 149.14 (5m), Stats.

The department through these rules is amending two sections of the HIRSP program administrative rules:

1. The rules are updating HIRSP premium rates in ch. HFS 119 in accordance with the authority and requirements set out in s. 149.143 (2) (a), Stats. The Department is required to set premium rates by rule. Rates must be calculated in accordance with generally accepted actuarial principles. Policyholders are to pay 60% of the costs of HIRSP. The HIRSP premium rate tables in ch. HFS 119 are updated in accordance with these principles and requirements for the time-period beginning July 1, 2002.

2. The rules are also updating the total HIRSP insurer assessments and provider payment rates in accordance with the authority and requirements set out in s. 149.143 (2) (a) 3. and 4., Stats. With the approval of the HIRSP Board of Governors and as required by statute, the Department of Health and Family Services approved a methodology that reconciles HIRSP program costs, policyholder premiums, insurance assessments and collected health care provider contributions. The adjustments to the insurer assessments and the provider payment rates, contained in the updated HIRSP administrative rules for the time-period beginning July 1, 2002, are the result of this reconciliation process for calendar year 2001. The HIRSP Board of Governors has reviewed and approved these adjustments to policyholder premiums, insurer assessments and provider payment rates.

Identical emergency rules will be published to take effect on July 1, 2002.

Contact Person

To find out more about the hearing or to request a copy of the proposed rules, write or phone:

Randy McElhose

Division of Health Care Financing

P.O. Box 309, Room B274

Madison, WI 53701-0309

[phone]

or, if you are hearing impaired, [phone] (TTY)

If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written comments on the proposed rules received at the above address no later than July 23, 2002 will be given the same consideration as testimony presented at the hearing.

Fiscal Estimate

These rules update HIRSP policyholder premium rates effective July 1, 2002. They also update HIRSP insurer assessments and provider payment rates for the 12-month period beginning July 1, 2002. These updates are being performed to reflect changing HIRSP costs, and in accordance with a statute-specified methodology, in order to offset upcoming program costs. Annual fiscal updates to the HIRSP rules generally take effect in July each year. The fiscal updates contained in these rules were developed by an independent actuarial firm and reviewed and approved by the HIRSP Board of Governors. By law, the Board is a diverse body composed of consumers, insurers, health care providers, small business and other affected parties.

It is estimated that the proposed changes will increase HIRSP program revenues by $37,424,388 in State Fiscal Year 2003, compared to State Fiscal Year 2002. This amount is comprised of an increase of $6,385,533 in insurer assessments, an increased adjustment (levy) of $4,768,154 to provider payment rates, and an increase of $26,270,701 in policyholder premiums. Enrollment in HIRSP is expected to increase 36% in State Fiscal Year 2003. These rule changes will not, by themselves, affect the expenditures or revenues of local government. There is no local government involvement in the administration of HIRSP.

These adjustments to the policyholder premiums, provider payment rates and insurer assessments are proposed to occur July 1, 2002 as the result of a routine, annual update of HIRSP rules. A similar, budget-based update of HIRSP rules previously occurred in 1998, 1999, 2000 and 2001. Policyholder premiums will be adjusted as new HIRSP policies are initiated or renewed.

Initial Regulatory Flexibility Analysis

The rule changes will affect HIRSP policyholders, the Department of Health and Family Services and the Department's fiscal agent. The rule changes will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. Although the program statutes and rules provide for the assessment of insurers to help finance HIRSP, no assessed insurer is a small business as defined in s. 227.114 (1) (a), Stats. Moreover, s. 149.143, Stats., prescribes how the amount of an insurer's assessment to help finance HIRSP is to be determined and, similarly, how the health care provider payment rate is to be calculated.

Notice of Hearings

Health and Family Services
(Health, Chs. HFS 110-)

[CR 02-070]

Notice is hereby given that, pursuant to s. 149.143 (2) (a) 2., 3. and 4. and (3), Stats., the Department of Health and Family Services will hold public hearings to consider the proposed permanent and existing emergency amendment of s. HFS 152.065 (6), relating to reimbursement of chronic renal disease, to amend s. HFS 153.07 (4), relating to reimbursement for blood products and supplies used in the care of hemophilia and to amend s. HFS 154.07 (4), relating to reimbursement for treatment of adults with cystic fibrosis. In each of the three rule chapters, the amendment increases the amount recipients must pay for prescription drugs under these chronic disease programs.

Hearing Information

The public hearings will be held:

July 11, 2002   Room BO201

Thursday   Business Building

1:00 p.m.   Waukesha County Technical College

  800 Main Street

  PEWAUKEE, WI 53702

July 12, 2002   Room E105

Friday   Education Building

10:00 a.m.   Mid-State Technical College

  500 – 32nd Street North

  WISCONSIN RAPIDS, WI 54494

The hearing sites are accessible to people with disabilities. At each of the two sites, parking for people with disabilities is available in the parking lot next to the building. People with disabilities may enter each building, at each site, directly from the parking lot.

Analysis Prepared by the Department of Health and Family Services

The Wisconsin Chronic Disease Program (WCDP) is the payer of last resort for Wisconsin citizens with medical problems relating to chronic renal disease, adult cystic fibrosis or hemophilia. The department administers the WCDP. The WCDP reimburses beneficiaries' dialysis and transplant services, home supplies, lab and x-ray services for chronic renal disease recipients.

The majority of WCDP's annual $5 million budget is for reimbursement of recipients' drug costs. WCDP copayments are currently $1 per prescription. These rules increase WCDP copayments to a total of $5 for each generic drug prescription and $10 for each brand name drug prescription. These new copayment amounts resemble those used by commercial health insurers. They were determined by the Department in consultation with its Chronic Renal Disease Program Advisory Committee.

The proposed rules potentially affect approximately 6,500 individuals with chronic renal disease, 200 individuals with hemophilia and 150 individuals with adult cystic fibrosis. Approximately 41% of persons enrolled in the program received state-funded benefits in state fiscal year 2000-01. The rest either incurred no expenses that were covered under WCDP, or their expenses did not exceed the required deductibles.

The Department issued emergency rules, identical to the proposed permanent rules, that took effect July 1, 2002. The Department intends the proposed permanent rules to replace the emergency rules. The public hearings will hear testimony with regard to both the proposed permanent rules and the existing emergency rules.

Contact Person

To find out more about the hearing or to request a copy of the proposed rules, write or phone:

Randy McElhose

Division of Health Care Financing

P.O. Box 309, Room B274

Madison, WI 53701-0309 [phone] or, if you are hearing impaired, [phone] (TTY).