Wisconsin Rapids, Wisconsin
November 18, 2002 State Office Building
Monday 141 N.W. Barstow Street
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
Pursuant to
2001 Wisconsin Act 109, the department is required to increase the copayment charge for medical, dental or nursing services provided to inmates and juveniles. The Act provides, in relevant part, the following:
“Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 302.386 (4) (a) of the statutes relating to the deductible, coinsurance, copayment, or similar charge that must be imposed under section 302.386 (3) (b) of the statutes." and,
“Notwithstanding section 302.386 (3) (b) of the statutes, the rules shall require the department to require that, subject to the exception and waiver provisions under section 302.386 (3) (c) of the statutes, each person to whom section 302.386 (1) of the statutes applies pay a deductible, coinsurance, copayment, or similar charge of at least $7.50 for each request that the person makes for medical or dental services."
Currently, the department's emergency rule, effective September 3, 2002 pursuant to legislative requirement, provides for a $7.50 copayment, increased from the previous amount of $2.50, under such circumstances as described above. This proposed rule, among other minor changes, makes the $7.50 copayment permanent.
This rule:
•
Makes permanent the medical, dental and nursing copayment charge to $7.50 as required by
2001 Wisconsin Act 109 and consistent with the department's current emergency rule.
•
Eliminates the requirement that an inmate must “earn wages" before becoming responsible for the $7.50 copayment, in regard to inmates who are not housed in a secured correctional facility (juvenile facility). This change is made as a result of prior legislation that removed the “earns wages" requirement from statute. See section
302.386 (3) Stats.
•
Establishes criteria to exempt persons in a juvenile correctional facility who do not earn wages. The current rule effectively exempts juveniles from the copayment because they do not “earn wages" as required by the rule. However, since “earn wages" has been removed in this rule proposal, the department has created a specific exemption for persons in juvenile correctional facilities. Section
302.386(3)(c) grants the department authority to except or waive liability “under criteria that the department shall establish by rule."
•
Exempts liability for medical, dental or nursing services provided as a result of an injury sustained through an institution work assignment.
Initial Regulatory Flexibility Analysis
These rules are not expected to have an effect on small businesses.
Fiscal Estimate
The Department of Corrections (DOC) under s.
302.386 (3) (b) is required to receive a minimum medical copayment of $2.50 from any inmate requesting medical services or dental services. It should be noted the Department cannot deny medical services to any resident that requests services based on their lack of ability to pay.
2001 Wisconsin Act 109 required DOC to promulgate an emergency rule that required the Department to collect a minimum medical copayment of $7.50 from every inmate that requests medical services. The Department is now requesting that the provisions included in the emergency rule be made permanent.
In FY01, DOC received 47,000 request from inmates for services and collected $117,500 in revenue.
2001 Wisconsin Act 109 is estimating $235,000 in additional revenue will be collected in medical copayments in FY03, or a total of $352,500 on an annual basis. (A full copy of the fiscal estimate may be obtained through the contact person listed below.)
Contact Person
Julie Kane (608) 240-5015
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 November 25th, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
In accord with the provisions of s 227.16 (1), Stats., the Wisconsin Department of Employee Trust Funds will hold a public hearing to review this proposed rule on participation in the variable division of the trust fund. The proposed rule repeals and recreates s ETF 10.30, and repeals ss.
ETF 10.31,
10.32,
10.33 and
10.34 Wis. Adm. Code.
Hearing Date, Time and Location
Tuesday, November 19, 2002
1:00 p.m.
Room GA
801 West Badger Road
Madison, Wisconsin.
The public record on this proposed rule making will be held open until 4:30 p.m. on Thursday, November 21, 2002 to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Shelly Schueller, Department of Employee Trust Funds, 801 West Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.
Analysis Prepared by the Wisconsin Department of Employee Trust Funds
The Department of Employee Trust Funds is required by Wis. Stats. s.
227.10 (1) to promulgate as a rule each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute.
1999 Wisconsin Act 11 amended Wis. Stats. s.
40.04 (7) (a) to permit all participating employees on or after January 1, 2001 to elect to have 50% of their future required and additional contributions deposited in the Variable Division of the Trust Fund.
1999 Wisconsin Act 11 also permits former Variable Division Trust Fund participants who completely cancelled their original variable participation before December 31, 1999 to re-elect to participate in the Variable Division of the Trust Fund.
The proposed rule repeals and recreates Wisconsin Administrative Code s.
ETF 10.30, and repeals Wisconsin Administrative Code ss.
10.31,
10.32,
10.33, and
10.34. This will consolidate all administrative rules regarding participation in the Variable Division of the Trust Fund in one administrative code, streamlining the administrative code and providing for efficient administration of the Variable Division of the Trust Fund. It will further clarify the effective dates of a participant's election to participate in and to cancel participation in the Variable Division of the Trust Fund, how interest will be credited on late reported variable contributions to participants' accounts, and the effect of variable cancellations on individuals with multiple Wisconsin Retirement System accounts.
Authority for Rule
Initial Fiscal Estimate
The proposed rule has no fiscal impact on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities and revenues. This rule has no anticipated state fiscal effect during the current biennium and no future effect on state funds, which do not include the Public Employee Trust Funds.
The Department of Employee Trust Funds anticipates some cost to the Public Employee Trust Funds in administering this rule. These costs include one-time costs for programming computer systems to handle the new variable program, and on-going costs to process variable election forms and provide participants with information.
Initial Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Copies of Rule and Contact Persons
Copies of this rule are available without cost by making a request to the Department of Employee Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, WI 53707, telephone (608) 266-1071. For questions about this rule making, please contact:
Shelly Schueller
Employee Benefits Policy Analyst
(608) 266-6611 or,
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014,
29.041 (1) and
227.24, Stats., interpreting s.
29.041 (1), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. FH-43-02(E) relating to the closure of carp fishing on Cedar lake and connected waters in Polk and St. Croix counties. The emergency order took effect on October 3, 2002. Spring viremia of carp virus is of international animal health concern. The virus affects fishes in the minnow family in nature. Minnows are extremely important forage fish for many important sport fishes in Wisconsin and are also important to the bait and aquaculture industries. Assuring the health of minnow populations and preventing the spread to other waters is important in preserving the welfare of Wisconsin citizens by protecting popular and economically valuable sport and bait fisheries. Little is currently known about the extent of the virus and until we can increase our knowledge, this closure will limit the potential spread from transport of fish and/or their parts and fluids.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
November 11, 2002
Monday at 1:00 p.m.
Room 027, GEF #2
101 South Webster St.
Madison, WI
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Pat Schmalz at (608) 266-8170 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There will be no fiscal impact.
Copies of Rule and Contact Persons
Written comments on the emergency rule may be submitted to Mr. Pat Schmalz, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than November 14, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [FH-43-02(E)] may be obtained from Mr. Schmalz.
Notice of Hearings
Natural Resources
(Environmental Protection - General)
[
CR 02-122]
NOTICE IS HEREBY GIVEN that pursuant to ss.
281.69 and
227.11 (2) (a), Stats., interpreting s.
281.69, Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch.
NR 191, Wis. Adm. Code, relating to lake protection and classification grants. Changes contained in the biennial budget bill expanded the list of eligible lake grant activities to include shoreline restoration and a special class of wetland restoration grants that provide 100% state funding up to $10,000 if the project is identified in a comprehensive land use plan. In addition to rules for these new grants, the code has been restructured into five subchapters. The revisions to rule include:
General Provisions
1. Changes in statutes allow the department to set the minimum and maximum dues levels for qualified lake associations to be eligible sponsors. A range of $5 to $50 dollars is proposed. Previously it was set at $10 to $25 by statute which precluded some organizations from eligibility.
2. Expands and clarifies the items required for a grant application and the priorities used to rank grant projects.
3. Requires that permits needed for all projects be obtained or applied for on or before the application deadline.
4. The value of donated, unskilled labor is changed from the federal minimum wage to a flat rate of $8 per hour.
Land Acquisition
1. Several changes were made for consistency with the department's Stewardship Program including the elimination of legal costs as a grant eligible expense, clarifying the terms of grant contracts, adding definitions and policies specific to easements.
2. Clarifies that to be eligible, all conservation easements must be permanent.
Wetland and Shoreline Restoration
1. Creates new rules per changes in statutes for Wetland Restoration Incentive Grants that are 100% state funded up to $10,000 if the project is identified in a comprehensive land use plan.
2. Wetland restoration projects at 75% state funding are retained but capped at $100,000 per grant.
3. Creates new rules per changes in statutes for shoreline restoration grants. These rules are modeled after similar activities allowed under ch.
NR 120 Priority Watershed and Priority Lake Program. A significant difference is that restored properties must be permanently deed restricted and a one time incentive payment of $250 is allowed to encourage participation. All shoreline restoration grants are capped at $100,000 per grant.
Lake Classification and Local Ordinance Development
Creates new rules to allow grants for implementing county lake classification programs and expands the discussion of all eligible projects.
Implementation of Lake Management Plans
1. Creates standards for approving lake management plan recommendations.
2. Clarifies the procedure for plan and application submittal and approval by the department.
