(1) The Legislature, in
2001 Wis. Act 16, repealed and recreated Wisconsin's agricultural producer security program. The new program is codified in ch.
126, Stats. (the “new law"). The new law takes effect, for milk contractors, on May 1, 2002. The new law is intended to protect milk producers against catastrophic financial defaults by milk contractors.
(2) The new law applies to milk contractors, including dairy plant operators, producer agents and other milk handlers, who procure producer milk in this state. Under the new law, milk contractors must be licensed by the Wisconsin department of agriculture, trade and consumer protection (DATCP). Milk contractors must pay license fees and do one or more of the following:
(a) Contribute to Wisconsin's agricultural producer security fund, to help secure milk payments to milk producers.
(b) File security with DATCP.
(c) File financial statements with DATCP, showing that the contractor meets minimum financial standards specified in ch.
126, Stats.
(3) The new law regulates producer agents (who market milk and collect payment for milk producers, without taking title to the milk), but treats them differently than other milk contractors. Producer agents may have lower fund participation requirements, and may file smaller amounts of security, than other milk contractors. The program may provide correspondingly less compensation to producers if a producer agent defaults.
(4) It is important to clarify the following matters before the new law takes effect for milk contractors on May 1, 2002:
(a) The treatment of dairy plant operators who provide custom processing services to milk producers, without marketing or taking title to milk or dairy products.
(b) The treatment of producer agents. Under s.
126.51, Stats., DATCP must adopt rules for milk contractors who wish to qualify as producer agents under the new law.
(c) The treatment of persons who market only processed dairy products for milk producers, without procuring, marketing or processing raw producer milk.
(d) The method by which milk contractors calculate and report milk payment obligations, for the purpose of calculating fund assessments and security requirements under the new law.
(5) Under s.
126.81 (4), Stats., DATCP may require milk contractors to disclose their security and fund contribution status to milk producers. It is important for milk contractors to begin making these disclosures soon after the new law takes effect, so that producers can evaluate the financial risk associated with milk procurement contracts. Disclosures are important, because not all milk contractors are required to participate in the agricultural security fund or file security with DATCP.
(6) It is not possible, by normal rulemaking procedures, to adopt these essential clarifications and disclosure requirements by May 1, 2002. DATCP must, therefore, adopt them by emergency rule. This emergency rule is needed to implement the new law, to protect the financial security of milk producers, to preserve fair competition in the dairy industry, and to avoid unnecessary confusion and expense for dairy businesses.
Publication Date:
April 29, 2002
Effective Date:
April 29, 2002
Expiration Date:
September 26, 2002
Hearing Date:
May 16, 2002
Extension Through:
January 23, 2003
Commerce
(Financial Assistance to Businesses and Communities, Chs. Comm 105 to 128)
The Wisconsin Department of Commerce proposes an order to create
ch. Comm 118 relating to the Agricultural Development Zone Program.
Finding of emergency
The Department of Commerce finds that an emergency exists and that adoption of the rule is necessary for the immediate preservation of public health, safety and welfare.
Facts constituting the emergency are as follows:
1.
In accordance with s.
560.798 (5), Stats., the Department of Commerce has the responsibility to promulgate rules for the operation of an agricultural development zone to provide for the attraction, promotion, retention, and expansion of agricultural businesses in the state.
2.
Section
560.798 (3), Stats., makes available certain tax benefits for certified business within an agricultural development zone; tax credits first apply to tax years beginning on or after January 1, 2003.
3.
Commerce, being the agency with primary authority for economic development in the state, recognizes that there is a verified need to attract, promote retain, and expand Wisconsin agricultural businesses. For example, over the past 50 years, Wisconsin has experienced an average of six dairy farms leaving production each day.
4.
In the year 2001, state milk production declined by more than one billion pounds, resulting in a near 5% decline in milk production.
5.
Western states have increased their cheese production, while Wisconsin experiences declining milk production and dairy processing activities; this program would immediately assist Wisconsin in regaining it's prominence in dairy and dairy processing production.
6.
The creation of this program combined with other economic development programs in the state is expected to increase the competitiveness of the Wisconsin dairy industry.
This emergency rule is being created in order that the process of designating an agricultural development zone be commenced as soon as possible and that such eligible businesses may become certified and participate in the tax benefits through the Agricultural Development Zone Program.
Publication Date:
August 13, 2002
Effective Date:
August 13, 2002
Expiration Date:
January 10, 2003
Hearing Date:
October 16, 2002
Corrections
Rules adopted amending
ch. DOC 316, relating to medical, dental and nursing copayment charges.
Exemption from finding of emergency
The department of corrections adopts this emergency rule pursuant to the statutory requirements of
2001 Wis. Act 109. The Act provides, in relevant part:
“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 administrative rules provide for a $2.50 copayment under such circumstances as described above. This emergency rule raises the copayment to $7.50 as directed by
2001 Wis. Act 109.
In addition, pursuant to
2001 Wis. Act 109 the department makes no finding of emergency in promulgating this rule.
2001 Wis. Act 109 expressly exempts the department from the statutory requirements to do so.
Publication Date:
September 3, 2002
Effective Date:
September 3, 2002
Expiration Date:
January 31, 2003
Hearing Date:
November 18, 2002
Health and Family Services
(Medical Assistance, Chs. HFS 100—)
Rules adopted creating
ch. HFS 109, relating to SeniorCare.
Finding of emergency
The Department of Health and Family Services finds that an emergency exists and that the rules are necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
The high cost of prescription drugs in Wisconsin and nationwide are especially burdensome on the elderly, many of whom live on a fixed income. Through
2001 Act 16, Wisconsin has addressed the problem those increasingly high costs pose to the elderly by creating section
49.688 of the statutes. Section
49.688 directs the Department to develop and administer the program of prescription drug benefits for the elderly that has come to be known as “SeniorCare." The statute also directs the Department to develop administrative rules for implementing SeniorCare, which the Department has done by creating a new chapter of administrative rules, HFS 109. The rules address a variety of issues associated with operating the program in accordance with section
49.688, Stats., including specifying:
- what prescription drugs are covered;
- who is eligible for benefits and services;
- how the Department determines household income for the program's eligibility determination;
- how the Department monitors compliance by pharmacists and pharmacies; and
- mechanisms for preventing fraud and abuse.
The Department drafted these rules to parallel the prescription drug provisions of the existing Medicaid rules in chs.
HFS 101 to
108. The Department developed the program's administrative elements in consultation with an advisory committee composed of representatives of physicians, counties, seniors and pharmacies.
While the Department is currently in the process of promulgating ch.
HFS 109 as permanent rules, s.
49.688 (5) (a) and
(7) (a), Stats., mandate the initiation of some SeniorCare program elements beginning on September 1, 2002. To meet this deadline, the Department is issuing ch.
HFS 109 as emergency rules to preserve the public welfare.
Publication Date:
September 1, 2002
Effective Date:
September 1, 2002
Expiration Date:
January 29, 2003
Hearing Date:
October 10, 2002
Health and Family Services
(Health, Chs. HFS 110—)
Rules adopted creating
s. HFS 115.04 (9) to (13), relating to screening newborn infants for congenital disorders.
Finding of emergency
The Department of Health and Family Services finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
The early identification of particular congenital and metabolic disorders that are harmful or fatal to persons with the disorders is critical to mitigating the negative effects of such disorders. Therefore, Wisconsin Statute 253.13 requires that every infant born be subjected to blood tests for congenital and metabolic disorders, as specified in administrative rules promulgated by the Department. Parents, however, may refuse to have their infants screened for religious reasons. The Department has issued ch.
HFS 115, Screening of Newborns for Congenital and Metabolic Disorders, to administer this statutory requirement. Currently, s.
HFS 115.04 lists eight congenital and metabolic disorders for which the state hygiene laboratory must test newborn blood samples.
In determining whether to add or delete disorders from the list under s.
HFS 115.04, s.
HFS 115.06 directs the Department to seek the advice of persons who have expertise and experience with congenital and metabolic disorders. For this purpose, the Department established the Wisconsin Newborn Screening Umbrella Advisory Group. Section
HFS 115.06 also lists six criteria on which the Department must base its decision to add to or delete disorders from s.
HFS 115.04. These criteria are:
1. Characteristics of the specific disorder, including disease incidence, morbidity and mortality.
2. The availability of effective therapy and potential for successful treatment.
3. Characteristics of the test, including sensitivity, specificity, feasibility for mass screening and cost.
4. The availability of mechanisms for determining the effectiveness of test procedures.
5. Characteristics of the screening program, including the ability to collect and analyze specimens reliably and promptly, the ability to report test results quickly and accurately and the existence of adequate follow-up and management programs.
6. The expected benefits to children and society in relation to the risks and costs associated with testing for the specific condition.
In consideration of these criteria, the Wisconsin Newborn Screening Umbrella Advisory Group recently recommended that the Department add five aminoacidopathies, i.e., amino acid-related disorders, to the eight disorders currently screened for and listed in s.
HFS 115.04. These disorders
are:
• Maple Syrup Urine Disease;
•Homocystinuria;
•Tyrosinemia;
•Citrullinemia; and
•Argininosuccinic Acidemia.
Persons with these disorders can experience serious medical consequences such as failure-to-thrive, developmental delays, seizures, mental retardation and death.
The additional costs associated with these five additional screening tests is less than a dollar per baby screened because the amino acids in the blood sample are measured simultaneously with the acylcarnitines for Fatty Acid Oxidation and Organic Acidemias. In the absence of this screening, the Department estimates the annual Wisconsin costs for these disorders to be $144,909. The Department also estimates the annual Wisconsin costs of this screening to be $29,134. Therefore, the cost benefit from these five screening tests is $115,775.
The Advisory Group also recommended that the Department immediately begin screening newborns for these additional disorders. Before this testing can begin, the Department must change its rules to add the five new disorders to the existing list under s.
HFS 115.04. Permanent rules require six or more months to take effect. Collectively, these disorders occur, on average, once in every 30,000 births. Given an annual birthrate of about 68,000 in Wisconsin, delaying the effective date of these rules by six or more months may result in one to three persons being born with one of these five disorders and that fact escaping detection. To eliminate this possibility and ensure that newborn testing begins as soon as possible, the Department has chosen to promulgate this rule change on an emergency basis while the Department promulgates a permanent rule.
While the Department is currently in the process of promulgating these amendments to the permanent rules, the Department must implement these changes immediately to preserve the public health. Therefore, the Department is issuing these identical amendments as an emergency order.
Publication Date:
October 12, 2002
Effective Date:
October 12, 2002
Expiration Date:
March 11, 2003
Hearing Date:
December 17, 2002
