Rule-making notices
Notice of Hearing
Pursuant to s.
227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Banking, will hold a public hearing at the time and place indicated below to consider a rule relating to adjustment service companies conducting business by mail.
Date, Time and Place of Hearing
Tuesday, June 3, 2003 at 1:00 p.m.
Tommy G. Thompson Conference Room
5th Floor
Department of Financial Institutions
345 West Washington Avenue
Madison, WI 53703
This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Mark Schlei at (608) 267-1705 or TTY (608) 266-8818 for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.
Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to Michael J. Mach, Deputy Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
An order to repeal s. DFI—Bkg 73.03 (8) relating to adjustment service companies conducting business by mail. Analysis: Statutes interpreted: ss.
218.02 (9) and
227.11 (2), Stats. Summary: The objective of the rule is to end a prohibition that a licensee shall not conduct a business by mail outside of the State of Wisconsin. This current section is out-of-date. At the time the section was promulgated, all adjustment service companies doing business in Wisconsin were located in Wisconsin. As the adjustment service industry has evolved since the promulgation of this section, almost one-half of all licensees are now located outside of Wisconsin, and almost one-half of all debtor funds are handled by licensees located outside of Wisconsin. The existence of this section serves no regulatory purpose and may have a negative impact on the regulated entity.
Statutory Authority:
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch.
20 appropriations are affected. There are no long-range fiscal implications.
Initial Regulatory Flexibility Analysis:
The proposed rule will not have an effect on small businesses.
Contact Person
A copy of the full text of the proposed rules and fiscal estimate may be obtained through the following:
Mark Schlei, Deputy General Counsel
Department of Financial Institutions
Office of the Secretary
P.O. Box 8861
Madison, WI 53708-8861
Tel. (608) 267-1705
TTY (608) 266-8818
A copy of the full text of the proposed rule may also be obtained at the Department of Financial Institutions' website,
www.wdfi.org.
Notice of Proposed Rules
Health and Family Services
(Community Services, Chs.
HFS 30—
Medical Asst., Chs.
HFS 100—
Health, Chs.
HFS 110—)
Tobacco Control Board
[
CR 03-033]
Notice is hereby given that pursuant to s.
46.297, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Health and Family Services will repeal, renumber, renumber and amend, amend, repeal and recreate and create provisions in a variety of Wisc. Admin. Code chapters administered by the Department, as herein proposed, without public hearing, unless the Department receives a petition for a hearing within 30 days after the publication of this notice on
May 15, 2003. A petition for a hearing will be accepted if signed by any of the following who will be affected by the proposed rule: 25 persons; the representative of an association that represents a farm, labor, business or professional group; or a municipality.
Contact
If you have any questions about these proposed rule changes or about filing a written petition for a hearing, contact Larry Hartzke, Office of Legal Counsel, P.O. Box 7850, Madison, WI 53707-7850, 608-267-2943 or via email at
hartzlr@dhfs.state.wi.us.
Analysis Prepared by the Department of Health and Family Services
This proposed rulemaking order contains a variety of minor revisions to the Department's administrative rules. These revisions have little substantive effect on those regulated by the rules. The Department is issuing these changes in a single order to conserve limited agency resources while making necessary updates and improvements in the Department's body of administrative code.
Changes to the following provisions are being proposed for the following purposes:
•HFS 83.05 (1) (c) in Section 2 to fix a spelling error;
•HFS 90.05 (4) (a) [Early Intervention Services for Children From Birth to Age 3 With Developmental Needs] in Section 3 to add language limiting the time within which complaints that administrative procedures were violated can be submitted and to make the provision consistent with recently revised federal regulations;
•HFS 90.05 (4) (c) 1. in Section 3 to remove a requirement that the Department must provide notice that a complainant or agency may request review of a Department decision by the Secretary of the U.S. Dept. of Education, because the requirement was removed from federal regulations;
•HFS 90.06 (2) (m) in Section 4 to repeal a provision requiring that a county administrative agency ensure that an impartial decision-maker be appointed to resolve complaints of parents under s.
HFS 90.12 (5) because the Department now appoints the hearing officer;
•HFS 90.08 (3) (b) 3. in Section 5 to reflect the fact that occupational therapists are now licensed instead of certified;
•HFS 90.08 (3) (b) 11. in Section 5 to amend references from “educators" to “teachers;"
•HFS 90.10 (2) (b) (intro) in Section 6 to change the reference from an “eligible" child to simply a “child" because at that point in the provision, a child has not yet been found eligible;
•HFS 90.11 (1) (b) 7. in Section 7 to correct an erroneous cross reference;
•HFS 90.11 (3) (b) in Section 7 to change what a third party may be billed for from “early intervention core services" to “evaluation and assessment activities" because the core services in s.
HFS 90.11 (3) (a) include services that are not billed to third parties or do not require consent to bill;
•HFS 90.11 (6) (a) 4. in Section 7 to reflect the fact that occupational therapists are now licensed instead of certified;
•HFS 90.11 (6) (a) 10. in Section 7 to remove the requirement that RNs have a bachelor's degree within 5 years after July 1, 1992;
•HFS 90.11 (6) (a) 11. in Section 7 to remove reference to rehabilitation counselors employed by the Department's division of vocational rehabilitation because such positions no longer exist in the Department;
•HFS 90.11 (6) (a) 14. in Section 7 to amend references from “educators" to “teachers" and from “licensed under ch.
115, Stats., and ch.
PI 3" to “licensed through the department of public instruction;"
•HFS 90.12 (6) (e) in Section 8 to remove the reference to the inapplicability of sections
227.52 to
227.58, Stats., to actions under par. (e) and create a new paragraph that states such inapplicability to actions under the entire section of
HFS 90.12 so the language parallels that used by the Department of Public Instruction and recommended by the Division of Hearings and Appeals;
•HFS 101.03 (49) [Medicaid Introduction and Definitions] in Section 9 to amend the definition of the term “Drug index" to exclude medical supplies because the drug index is a list of covered legend and non-legend drugs covered by the Department and it does not include a list of supplies;
•HFS 105.01 (3) (intro) [Medicaid Provider Certification] in Section 10 to promote truthful and accurate reporting of information;
•HFS 105.39 (4) (b) 2. and 3. in Sections 11 and 12 to delete an outdated grandfather clause;
•HFS 105.41 (title) and (intro) in Section 13 to update requirements to reflect current terminology and eliminate ambiguities, to reflect a changed statutory cross reference, and to recognize certification of hearing specialists;
•HFS 105.52 (1) (L) and 105.52 (2) (a) 1., 6., 7. and 8. in Section 14 to update language to reflect current terminology and to correct errors;
•HFS 105.53 (3) (a) 3. and 4., (c) 1. and (6) (b) in Section 15 to update language to reflect current terminology and changes in interpretation of law by the federal Centers for Medicare and Medicaid Services;
•HFS 106.03 (2) (c) [Medicaid Provider rights and Responsibilities] in Section 16 to add a phrase the Department inadvertently omitted at the time of the rule's original promulgation;
•HFS 106.06 (8) and (25) in Section 17 to improve language to increase viability of enforcement actions;
•HFS 107.02 (2m) (a) 10. in Section 18, 107.10 (1) and (Note) [Medicaid Covered Services] in Section 19, 107.11 (6) (b) 5. in Section 24 and 107.12 (1) (e) in Section 25 to recognize the legal status of advanced practice nurse prescribers;
