Rule-Making Notices (Hearing Notices)

No analysis was performed regarding an economic impact statement.

Small Business Impact

These rules have no effect upon small businesses, nor any significant fiscal impact upon the private sector.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

Provisions of 2007 Wisconsin Act 20 eliminated caps for dental care, hearing care and vision care and increased the lifetime cap to $7,500. Prior to those changes, the annual cap for dental care was $2,500, $1,500 per ear for hearing care and $500 for vision care. The lifetime cap was $5,000. The authorized funding for the 2007-09 biennium is $1,492,000. Of that amount, $1,277,700 was expended in FY08, which left a balance of $214,300 to cover FY09 payments. As a result, the program was closed in October, 2008. Based on the FY08 usage rate and assuming the proposed rule changes are not enacted, the total estimated HCAG demand for the 2009-11 biennium would be about $5.5 million.

Only $1,991,500 in budget authority was requested in the 2009-11 biennial budget based on the assumption that rule changes would be adopted that reduce the amount of grants awarded under the ANV program to that level. Under the proposed rule changes noted above, the estimated demand would be about $2.24 million for the 2009-11 biennium. Thus, while the projected biennial savings as a result of the proposed rule changes would be about $3.3 million, an additional $240,000 of budget authority will be needed to cover the projected demand under the proposed rule changes.

State fiscal effect

Decrease costs.

Local government fiscal effect

None.

Fund sources affected

SEG.

Affected Ch. 20 appropriations

Section 20.485 (2) (vm), Stats.

Agency Contact Person

James A. Stewart, Chief Legal Counsel, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843; Phone: [phone]; E-Mail: [e-mail].

Text of Emergency Rule

SECTION 1. VA 2.01 (1) (u) is created to read:

VA 2.01 (1) (u) “Vision care

SECTION 2. VA 2.01 (3) (d) is created to read:

VA 2.01 (3) (d) Dental care limitation. Dental care shall not exceed $500 in any consecutive 12 month period except where an upper and lower denture is required and each denture shall not exceed $1875.00 in any consecutive 48 month period.

SECTION 3. VA 2.01 (3) (e) is created to read:

VA 2.01 (3) (e) Hearing care limitation. Hearing care shall not exceed $200.00 in any consecutive 12 month period except where a right or left ear hearing aid is required and each hearing aid shall not exceed $1875.00 in any consecutive 48 month period.

SECTION 4. VA 2.01 (3) (f) is created to read:

VA 2.01 (3) (f) Vision care limitation. Vision care shall not exceed $400.00 for both a vision exam and the purchase of lens and frame in any consecutive 12 month period.

Effective Dates

The emergency rules contained in this order took effect on the date of publication in the official state newspaper, July 1, 2009, as provided in s. 227.24 (1) (c), Stats. The emergency rules shall apply to all applications received on or after that effective date. These rules shall terminate November 28, 2009, or 60 days following the date of any extension which may be granted, whichever is later.

Finding of Emergency

The Wisconsin Department of Veterans Affairs finds that an emergency exists and that the attached rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is: The economic recession in effect for the last fiscal year has adversely affected the veteran population. Many veterans have lost their employment or had their scope of employment reduced. In addition to losing employment, many veterans have seen their health care reduced or eliminated. In order to serve the largest population of veterans and ensure minimal health care for that population, the department is requesting emergency rules to define “vision care" and to limit the eligibility, by available funding, for “dental care", “hearing care", and “vision care". These eligibility limitations, which address the cost, type and frequency of care available under the program, will allow more veterans in need to access the limited resources of this program.