Deadline for submission: June 4, 2007.
Text of Rule
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., the Elections Board hereby creates s. ElBd 3.50, interprets ss. 5.02 (14) and (17), 6.27, 6.275, 6.29, 6.33, 6.34, 6.35, 6.36, 6.40, 6.45, 6.46, 6.48, 6.50, 6.54, 6.55, 6.56, and 6.57, Stats.:
SECTION 1. ElBd 3.50 is created to read:
ElBd 3.50 Charges for voter registration data.
(1) Definitions. As used in this rule:
(a) “Custom report" means a report that is not programmed to run in the Statewide Voter Registration System at the time a request for the report is made.
(b) “Election official" has the same meaning as provided in s. 5.02 (4e), Stats.
(c) “Official registration list" has the same meaning as provided in s. 6.36, Stats.
(d) “Protected information" means any information that is protected from general public disclosure by ss.6.36(1)(b)1.a., and 6.47, Stats.
(e) “Report" means a defined list of related voter registration data records generated from the Statewide Voter Registration System.
(g) “Voter registration data" means data contained in the official registration list.
(h) “Voter registration data record" means a set of related information requested from the official registration list which consists of a core data element and related attributes. A core data element is the basic unit of data that is being requested, including, but not limited to, a voter name, candidate, election official, or address. The related attributes consist of pieces of data associated with that core data element.
(2) The official registration list shall be open to public inspection consistent with the requirements of ss. 6.36, 6.45 through 6.47, and ss. 19.31 through 19.36, Stats.
(3) Any person may obtain, from the official registration list, voter registration data that is not protected information, upon payment of the applicable charges.
(4) The charge for reports in electronic format is a $25 base fee per report plus $5 for the first 1,000 voter registration data records in the report, plus $5 for each additional 1,000 voter registration data records, rounded to the nearest thousand. The maximum charge for an electronic report is $12,500.
(5) The charge for a paper copy of a report is $.25 per page, plus the cost of postage and shipping.
(6) Any request for a report or custom report submitted to the State Elections Board shall either be made in writing by the requester or shall be reduced to writing by the board's staff. Any request by the board for payment in advance for the report requested shall include a copy of the report request in writing as submitted by the requester or as memorialized by the board's staff.
(7) Any person may request a copy of the poll list used at an election from the municipal or county clerk who has custody of the list. The cost of a copy of a poll list provided by a municipal or county clerk shall be a fee determined by that clerk not to exceed the cost of reproduction.
(8) The state elections board, its staff, and each municipal or county election official shall take steps to ensure that any protected information contained in the Statewide Voter Registration System, or on a poll list, is not made available for public inspection.
(9) If a request for voter registration data requires a custom report, and the elections board staff determines that it can produce the report, the cost of producing the custom report charged to the requester shall be calculated by the board's staff on a case-by-case basis and shall include, in addition to the costs articulated in subs. (4) or (5), including any applicable costs of handling and mailing, costs of reproduction, including programming costs; and the costs of maintenance of the SVRS as authorized by s. 6.36 (6), Stats. Requests fulfilled under this subsection are not subject to the maximum charge limitations in sub. (4).
(10) The fees received from requests for voter registration data will remain with the municipality, county, or the State Election Board, whoever produces and provides the report.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Notice of Hearing
Health and Family Services
(Medical Assistance, Chs. HFS 101-109)
NOTICE IS HEREBY GIVEN that pursuant to ss. 49.45 (10) and 227.11 (2), Stats., and interpreting s. 49.46 (2) (b) 1., Stats., the Wisconsin Department of Health and Family Services proposes to repeal ss. HFS 107.07 (1) (k) and (2) (a) 5. and 107.22 (4) (a) and (b), and to amend ss. HFS 107.07 (2) (a) (intro.), (3) (intro.) and (a) 3., (4) (intro.) and (j) and (4m), and 107.22 (4) (intro.), relating to benefits covered by the Wisconsin Medical Assistance program, and affecting small businesses.
Hearing Date(s) and Location(s)
Date and Time
Location
June 12, 2007
10:00 a.m. to 12:00 noon
1 West Wilson Street Room B-370
Madison, WI
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Submission of Comments and Deadline for Submission
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at http://adminrules.wisconsin.gov. The deadline for submitting comments to the Department is 4:30 p.m. on June 19, 2007.
Analysis Prepared by the Department of Health and Family Services
The Department is revising rules to clarify circumstances under which the Wisconsin Medicaid program will reimburse providers for orthodontia and certain other services provided to recipients under age 21. In Clearinghouse Rule 05-033, the prior authorization requirement was removed for most procedures that had high rates of approval (greater than 75%). The change was intended to reduce the staff time required for dental offices to process prior authorization requests. The Department did not intend to remove the requirement for prior authorization for orthodontia and other services. In Clearinghouse Rule 05-033, the Department specifically stated that “Procedures where appropriate pricing requires a high degree of clinical knowledge (e.g., orthodontics and TMJ surgery), and procedures with strict time limitations (e.g., dentures) are also proposed to retain prior authorization." The adopted language, however, has been interpreted by at least one dentist to mean that prior authorization is no longer required to provide orthodontia to recipients. This interpretation was upheld by an administrative law judge in an administrative hearing. Because the intent of the Department and the language adopted, as recently interpreted, had opposite effects, the Department intends to revise rules to clarify the Department's intent to require prior authorization for orthodontia and other services provided under early and periodic screening, diagnosis and treatment (EPSDT) services.
A basic concept of the Medicaid program is that services must be medically necessary to be reimbursable. The medical necessity of these services is determined by the Department based on information submitted by the provider. Thus, it is necessary to require prior authorization to determine the appropriateness of providing these services to an individual recipient. Allowing the existing rule language to remain in its present form could require reimbursement for orthodontia that is not medically justified.
The department will first implement these changes in emergency rule that is followed by a substantially identical permanent rule.
Effect on Small Business
The rule changes are being made to correct an error made in Clearinghouse Rule 05-033. The error made in Clearinghouse Rule 05-033 could require reimbursement of orthodontia that is not medically justified. The Department does not expect that the rules will increase costs to dentists.
Small Business Regulatory Coordinator
Rosie Greer
Greerrj@dhfs.state.wi.us
608-266-1279
Fiscal Estimate
The Department is revising rules to clarify circumstances under which the Wisconsin Medicaid program will reimburse providers for orthodontia and certain other services provided to recipients under age 21. In Clearinghouse Rule 05-033, the prior authorization requirement was removed for most procedures that had high rates of approval (greater than 75%). The change was intended to reduce the staff time required for dental offices to process prior authorization requests. The Department did not intend to remove the requirement for prior authorization for orthodontia and other services. In Clearinghouse Rule 05-033, the Department specifically stated that “Procedures where appropriate pricing requires a high degree of clinical knowledge (e.g., orthodontics and TMJ surgery), and procedures with strict time limitations (e.g., dentures) are also proposed to retain prior authorization." The adopted language, however, has been interpreted by at least one dentist to mean that prior authorization is no longer required to provide orthodontia to recipients. This interpretation was upheld by an administrative law judge in an administrative hearing. Because the intent of the Department and the language adopted, as recently interpreted, had opposite effects, the Department is promulgating rules to revise section s. HFS 107.07 to clarify the Department's intent to require prior authorization for orthodontia and other services provided under early and periodic screening, diagnosis and treatment (EPSDT) services.
A basic concept of the Medicaid program is that services must be medically necessary to be reimbursable. The medical necessity of these services is determined by the Department based on information submitted by the provider. Thus, it is necessary to require prior authorization to determine the appropriateness of providing these services to an individual recipient. Allowing the existing rule language to remain in its present form could require reimbursement for orthodontia that is not medically justified.
The rule will not have a fiscal effect on local government or the private sector. Restoration of prior approval provisions in the dental services section of the Medicaid regulations should result in continued savings to the Medicaid program.
Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or by contacting the person listed below.
Contact Person
Al Matano
Division of Health Care Financing
P.O. Box 309
Madison, WI 53702
608-267-6848 or matana@dhfs.state.wi.us
Notice of Hearing
Natural Resources
(Environmental Protection—Air Pollution Control, Chs. NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1), (6) and (16), 285.60 (6), 285.67 and 285.69, Stats., interpreting ss. 227.11 (2) (a) and 285.11 (1) and (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 400, 406, 407, 410 and 439, Wis. Adm. Code, relating to construction permits and stack test requirements. The State Implementation Plan developed under s. 285.11 (6), Stats., is also being revised. The Department is proposing to incorporate changes in federal regulations.
Some changes in chs. NR 400 and 407 are updating definitions and other revisions to the federal standards regarding fugitive emissions and permitting standards. Additional changes in chs. NR 406 and 407 clarify when a construction permit is needed for sources covered under general operation permits. Portable source relocation limitations found in ch. NR 406 will be amended by changing the numerical emission limitations to language limiting the relocation limitations to less than major source thresholds.
Section NR 410.03 will be amended so construction permits can be issued concurrently with operation permits, streamlining the process for minor revisions to those permits. The revision is being made so that the collection of permit fees and the issuance of an operation permit are independent of each other. If fees are not paid, the Department has the ability to revoke a permit or to refer the source to the Department of Justice to collect the fees.
Chapters NR 439 and 462 have different and conflicting stack test requirements for boilers that are subject to national emission standards for hazardous air pollutants, maximum achievable control technology (MACT). The proposed amendment to ch. NR 439 allows boilers subject to that MACT standard to use the testing schedule in ch. NR 462 rather than the current requirements in ch. NR 439.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Sources of fugitive emissions may become subject to the federal operation permit program as a result of this rule change. Low emitting dry cleaners, metal cleaners and chrome electroplaters may be excluded from major source permitting requirements as a result of this rule.
b. Description of reporting and bookkeeping procedures required: Facilities subject to federal operation permit requirements must report their compliance status to the Department every six months. Facilities that are not subject to federal operation permit requirements must report their compliance annually.
c. Description of professional skills required: The proposed rule changes does not create any additional need for professional skills than those that are required under current regulations.
The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
June 12, 2007     Room 511, GEF #2 Building
(Tuesday)     101 South Webster Street
at 1:00 p.m.     Madison
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 Robert Eckdale at (608) 266-2856 or by e-mail at Robert.Eckdale@wisconsin.gov with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
No governmental economic impacts are anticipated.
Copies of Rule and Submission of Comments
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-12-07. Written comments on the proposed rule may be submitted via U.S. mail to Joe Brehm, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to Joseph.Brehm@ wisconsin.gov. Comments may be submitted until June 19, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2856.
Notice of Hearing
Revenue
NOTICE IS HEREBY GIVEN that, pursuant to and interpreting s. 73.029, Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment and creation of rules relating to electronic funds transfer.
Hearing Information
The hearing will be held at 9:00 A.M. on Wednesday, May 30, 2007, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.
Handicap access is available at the hearing location.
Analysis Prepared by the Department of Revenue
Statute interpreted:   s. 73.029, Stats.
Statutory authority:   s. 73.029, Stats.
Explanation of agency authority: Section 73.029, Stats., provides that the department may require electronic funds transfer only by promulgating rules.
Related statute or rule: s. 71.91 (7), Stats.
Plain language analysis: This proposed rule order creates a provision specifying that withholding payments by an employer of the delinquent tax of an employee (also known as wage certification payments) are required to be made by electronic funds transfer (EFT). It also updates notes to provide current contact information for the department's EFT Unit.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.
Summary of factual data and analytical methodologies: Wage certifications are authorized under s. 71.91(7), Stats. The number of wage certification payments received each year number in the tens of thousands. The department has determined that in order to administer this program in the most cost effective manner, it is necessary to require employers to make wage certification payments electronically.
Analysis and supporting documents used to determine effect on small business: The department provides methods to pay taxes using EFT that occur at no or minimal cost to the payer. In addition, an exception to the requirement to pay electronically for situations where an undue hardship is caused is provided in the rule. Based on this, the department has concluded that this proposed rule order does not have a significant effect on small business.
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