Scope Statements
Children and Families
Subject
Revises Chapter
DCF 57, relating to group home determination of need.
Policy Analysis
Any person who receives, with or without transfer of legal custody, 5 to 8 children to provide care and maintenance for those children must obtain a license to operate a group home from the department. To obtain a license to operate a group home, a person must meet the minimum requirements for a license established in chapter DCF 57, meet the background check requirements, pay the license fee, and meet the new determination of need requirement created by
2009 Wisconsin Act 335.
Section
48.625 (1g), Stats., as created by
2009 Wisconsin Act 335, provides that no person may apply for a license to operate a new group home or for an amendment to a license that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources. The department shall promulgate rules to implement this subsection.
The proposed rules will implement the determination of need requirement.
Statutory Authority
Comparison with Federal Regulations
None
Entities Affected by the Rule
Group home licensees and applicants for a license to operate a group home.
Estimate of Time Needed to Develop the Rule
75 hours.
Employee Trust Funds
Subject
Revises section
ETF 10.75, relating to power of attorney.
Objective of the Rule
Policy Analysis
ETF is responsible for administering the benefit programs authorized under Chapter 40 of the Wisconsin Statutes.
2009 Wisconsin Act 319 repealed sections 243.07 and 243.10 of Chapter 243 and created Chapter 244 relating to power of attorney. The purpose of this rulemaking is to amend ETF 10.75 to conform the language and statutory references to the statutory changes.
Statutory Authority
Comparison with Federal Regulations
No existing or proposed federal regulation addresses the contemplated rule changes.
Entities Affected by the Rule
The new rules will affect members, subscribers, their beneficiaries and dependents who have granted power of attorney to one or more individuals or entities.
Estimate of Time Needed to Develop the Rule
State employees will spend an estimated 30 hours to develop these rules.
Employee Trust Funds
Subject
Revises Chapter
ETF 52, relating to the administration of the Duty Disability Program under s.
40.65, Stats.
Objective of the Rule
The Department of Employee Trust Funds seeks to clarify the existing rule regarding the administration of the Duty Disability Program and streamline the process of applying for and making determinations regarding the Duty Disability benefit.
Policy Analysis
ETF is responsible for ensuring that the Duty Disability benefit authorized by s.
40.65, Stats., is appropriately administered for participants in the Wisconsin Retirement System. Chapter
ETF 52 was promulgated, in its entirety, in 1998. Since that time, the Department has further developed policies and procedures for administering the benefit, and finds that the rules should be amended to incorporate many of these policies and procedures and to clarify how the Duty Disability benefit is administered under the rules.
The proposed rule would amend definitions in s.
ETF 50.02 to clarify how the terms are used by the Disability Bureau of ETF. Other provisions that could be amended include, without limitation, ss.
ETF 52.04,
52.06,
52.07,
52.08,
52.12,
52.16 and
52.22.
ETF also contemplates creating new rules regarding the Duty Disability benefit to conform with existing policies and procedures of the Disability Bureau of ETF in administering the benefit.
Statutory Authority
Comparison with Federal Regulations
No existing or proposed federal regulation addresses the contemplated rule changes.
Entities Affected by the Rule
The new rules will affect members in the Duty Disability program as well as those who apply for the program.
Estimate of Time Needed to Develop the Rule
State employees will spend an estimated 75 hours to develop these rules.
Financial Institutions — Banking
Subject
Objective of the Rule
The purpose of the rule is to provide a definition of “health care billing companies."
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Health care billing companies.
Estimate of Time Needed to Develop the Rule
50 hours.
Contact Information
Mark Schlei, Deputy General Counsel
Dept. of Financial Institutions, Office of the Secretary
P.O. Box 8861, Madison, WI 53708-8861
Phone: (608) 267-1705
Financial Institutions — Banking
Subject
Creates Chapter
DFI-Bkg 75, relating to payday lending.
Objective of the Rule
The purpose of this rule is to set forth certain procedures and requirements for payday lenders. Matters affected may include the conduct of payday lenders, definitions, licensure, applications, fees, bonds, relocation, conducting other business, records, reports, revocations, suspensions, disclosure requirements, informational materials, interest, penalties, prepayment, repayment, rescission, prohibitions, database and customer information.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Payday lenders.
Estimate of Time Needed to Develop the Rule
150 hours.
Contact Information
Mark Schlei, Deputy General Counsel
Dept. of Financial Institutions, Office of the Secretary
P.O. Box 8861, Madison, WI 53708-8861
Phone: (608) 267-1705
Insurance
Subject
Creates section
Ins 3.35, relating to colorectal cancer screening coverage and affecting small business.
Objective of the Rule
The commissioner is required to promulgate rules to implement
2009 Wis. Act 346 requiring health insurance coverage of colorectal cancer screenings. The rule will specify guidelines for the colorectal cancer screening that are to be covered by disability insurance policies and self-insured health plans of the state, county, city, town, village or school district that provide coverage of any colorectal cancer examinations and lab tests. The rule will also specify the factors for determining whether an individual is at high risk for colorectal cancer. The commissioner will consult with the secretary of health services and consider nationally validated guidelines in the development of the rule.
Policy Analysis
There are no directly relevant policies, however s.
632.895 (8), Stats., mandates coverage for mammograms and s.
Ins 3.47, Wis. Adm. Code regulates the solicitation of cancer insurance products. The prevention of cancer including routine screening may currently be found in the coverage offered by many insurers. As the commissioner enforces other health coverage mandates and will be consistent in developing rules for colorectal cancer screening.
Statutory Authority
Sections 601.41 (3) and 632.895 (16), Stats., as created by
2009 Wis. Act 346 and renumbered to 632.895 (16m), under s. 13.92 (1) (bm) 2., Stats.
Comparison with Federal Regulations
There are no existing or proposed federal regulations that address the newly enacted law or proposed rule.
Entities Affected by the Rule
Insurers offering group health insurance, self-funded governmental plans and licensed intermediaries authorized to solicit group health insurance.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Insurance
Subject
Creates section
Ins 3.375, relating to health insurance coverage of nervous and mental disorders, alcoholism and other drug abuse problems and affecting small business.
Objective of the Rule
The commissioner is required to promulgate rules to implement
2009 Wis. Act 218 requiring health insurance coverage of nervous and mental disorders, alcoholism and other drug abuse problems. The rules will guide implementation of the Act in light of the federal mental health parity law. The rules will also reflect the ability for employers and small employers to qualify for an exemption from the requirements of the Act for specified periods of time. Further if an employer including a small employer qualifies for an exemption the commissioner is required to specify by rule and the content and manner in which the notices must be provided to enrollees. Finally the commissioner is to promulgate rules regarding the actuarial study necessary to qualify for an exemption.
The Act authorizes the commissioner to promulgate rules on an emergency basis under s.
227.24, Stats., without providing evidence that an emergency rule is necessary to preserve the public peace, health, safety or welfare and is not required to make a finding of emergency. It is anticipated since the Act is effective December 1, 2010 that an emergency rule will need to be promulgated.
Policy Analysis
Section
632.89, Stats., and s.
Ins 3.37, Wis. Adm. Code, are existing policies relevant to the new rule.
Statutory Authority
Comparison with Federal Regulations
Recently guidance in the form of interim final rules was published implementing the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). MHPAEA is a federal law that provides participants who already have benefits under mental health and substance use disorder (MH/SUD) coverage parity with benefits limitations under their medical/surgical coverage. MHPAEA may apply to two different types of coverage: large group self-funded group health plans and large group fully insured group health plans.
The guidance includes amendments to the internal revenue code, HIPAA regulations and the Department of Health and Human Services requirements for the group health insurance market. Each respective set of rules contains the same definition of mental health benefits. Mental health benefits means benefits with respect to services for mental health conditions, as defined under the terms of the plan and in accordance with applicable Federal and State law. Any condition defined by the plan as being or as not being a mental health condition must be defined to be consistent with generally recognized independent standards of current medical practice (for example, the most current version of the Diagnostic and Statistical Manual of Mental Disorders (DSM), the most current version of the ICD, or State guidelines).
The federal regulations and MHPAEA apply when the health plan offers coverage for mental health and addiction services but does not mandate such coverage be contained in health plans. In contrast, Wisconsin requires group health benefit plans to cover nervous and mental disorders, alcoholism and other drug abuse problems and now requires parity in coverage.
Federal law does not preempt state law if the state law does not prevent the application of the federal law. So where Wisconsin law provides more protection to insureds, provided federal law can be applied, state law can stand.
The rules to be promulgated will be drafted to permit both federal and state law to work together.
Entities Affected by the Rule
Insurers offering group health insurance, self-funded governmental plans and licensed intermediaries authorized to solicit group health insurance.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
Subject
Revises section
MPSW 10.01, relating to definitions; section
MPSW 11.01, relating to applications; and section
MPSW 14.01, relating to an academic program equivalent to a master's degree in professional counseling.
Objective of the Rule
Proposed amendments to: definitions under ch.
MPSW 10; application for licensure as a professional counselor as provided in s.
MPSW 11.01 pertaining to degree requirements, board approval of equivalent programs and accreditation of programs; an academic program equivalent to a degree in professional counseling pertaining to coursework requirements, credit hour requirements, accreditation standards, total program credit requirements and board approval as provided in s.
MPSW 14.01
The definition or description of what is considered a Master's or Doctorate degree in Professional Counseling is not found or clarified in the Board's administrative rules; however, the statutory requirements for licensure include submitting either a “Master's Degree in Professional Counseling" or its equivalent from a program approved by the Section. The Section has found that a “professional counseling degree" does not appear to be a common name applied to a counseling master's program and more concisely is a name of a category of programs that prepare students for entry into the practice of professional counseling. Programs for counseling may have different titles including guidance and counseling, counseling psychology, rehabilitation counseling, mental health counseling, etc.
The standard for many professional counseling programs appear to be set at a minimum standard of 48 hours minimum and in some jurisdictions, up to 60 hours in the masters degree. Additionally, there are variations between the jurisdictions in topic areas, which constitute professional counseling education. Wisconsin does not have a minimum hourly requirement defined for a professional counseling program; however does include a minimum for approval of programs equivalent to professional counselor programs. Wisconsin's equivalency standards are set at 42 credits minimum, which include at least 3 credits for counseling practicum, 3 credits for counseling theory, and the remainder of 42 credits distributed over the eight identified topic areas found in administrative rules. Given the differences in the Sections credit requirement, lack of minimum credit requirement and topic areas, the Section proposes to amend minimum credit requirements and reserves the right to determine counseling education program topic areas.
Policy Analysis
The Section made the following policy determinations regarding approval and pre-approval of degree programs used to satisfy the requirements for licensure.
•
The Section discussed the various program names with “Counseling" in the description and how the Department should handle the application process for these programs. The Board advised the credentialing staff that if an applicant holds a master's or doctor's degree in “counseling" (as opposed to “professional counseling"), that is not on the approved list on the application, then credentialing will ask for a transcript to be sent. (Discussion Re: Guidelines regarding the application process and Practicum [Sic] for Credentialing Staff to Use, Professional Counselor Section minutes, June 25, 2003)
•
The Department discussed with the Section a question frequently posed by applicants as to if they hold degrees that have names very similar to those on the “pre-approved list" would the Section accept them. Credentialing staff also asked for guidance as to what they should do with the pre-approved list – should program names be added one at a time or should there be another mechanism in place. The Section directed the Department to obtain a counseling program catalog and to include a list of CACREP approved schools along with the application materials. (Discussion Re: Pre-approved degrees – Consider Adding Degree(s) to Pre-approved List, Professional Counselor Section minutes, Sept 24, 2003)
•
The Section held a discussion as to whether a number of specific Wisconsin Programs should be considered on the “approved program list". The Section reviewed materials from the following programs and made determinations as to whether they would be accepted on the approved program list. Upon the review of specific programs, credentialing staff was directed to create a new preapproved program list. The Section also at this time voted to accept any CACREP or CORE accredited programs as automatically meeting the requirements for licensure. (Discussion Re: Approval of School Programs and the Development of New Approved Degree List…, Professional Counselor Section minutes, February 1, 2005)
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Entities primarily affected by the rule will may be educational institutions offering professional counseling education programs and those interested in pursuing training licensure or full licensure as a professional counselor.
Changes outlined in this scope may also affect counselor programs provided by accredited colleges and universities.
Estimate of Time Needed to Develop the Rule
160 hours.
Public Service Commission
Subject
Revises Chapters
PSC 184 and
185, relating to water conservation and construction rules.
Objective of the Rule
The proposed rules will modify chs.
PSC 184 and
185 to simplify and clarify the water utility construction approval process and to codify past Commission decisions and current practices related to water conservation and efficiency for water public utilities. The proposed rules will also ensure consistency with water conservation rules being proposed by the Department of Natural Resources (DNR).
Policy Analysis
Chapter
PSC 184 establishes criteria and procedures for approving water utility plant construction projects proposed by water and sewer public utilities. These rules have not been updated since 1992. The Commission proposes to simplify these rules to reflect current practices and to clarify the types of information necessary to adequately review these projects. In addition, the proposed rules may require applicants to demonstrate that new facilities are not unreasonably in excess of the probable future requirements, such as considering water conservation as an alternative to construction.
Chapter
PSC 185 establishes service standards and rules for all water public utilities. These rules include several requirements to ensure the efficient use of water resources, including metering of water sales, tracking unaccounted-for water, and discouraging wasteful water practices, among other requirements. Since 2007, the Commission has authorized water conservation and efficiency measures in individual water rate cases as a way to address increasing utility costs and to ensure sustainable use of the state's water resources. However, ch.
PSC 185 has not been updated to reflect current Commission priorities and practices in these matters.
The proposed rule changes may include updating definitions and requirements related to water loss control, customer billing, water rate design, and other demand management activities. The proposed rules will modernize and update annual auditing and reporting requirements related to water losses and unaccounted-for water. The proposed rules may also establish criteria for utilities that wish to implement voluntary water conservation and efficiency programs, similar to those used for voluntary energy efficiency programs proposed by electric utilities. Finally, the proposed rules may also address other demand-management tools, such as toilet rebate programs and the establishment of conservation-oriented water rates for certain classes of customers.
The proposed changes to ch.
PSC 185 will ensure coordination of water conservation programs among state agencies. Section
281.346(8)(b), Stats., directs the DNR to develop and implement a statewide water conservation and efficiency program in cooperation with the Public Service Commission and the Department of Commerce. The DNR is currently developing new administrative rules under ch.
NR 852. These rules would apply to all categories of water users in the state, including utilities regulated by the Public Service Commission. The proposed changes to ch.
PSC 185 would clarify responsibilities among the agencies and ensure that the proposed requirements for water public utilities are consistent with the requirements being proposed by the DNR for other water users.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
All water public utilities regulated by the Commission.
Estimate of Time Needed to Develop the Rule
The Commission estimates that approximately 250 hours of Commission staff time will be required in this rulemaking.
Public Service Commission
Subject
Revises Chapter
PSC 185, relating to water utility service rules.
Policy Analysis
The Commission has promulgated utility service rules for each industry it regulates. Ch.
PSC 185, which establishes service rules related to water public utilities, has not been comprehensively updated since 1997. The Commission proposes to review and update the water service rules to ensure consistency between all utility industries, where appropriate, and to reflect changes in the water industry in the last decade.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
All water and sewer public utilities regulated by the Commission.
Estimate of Time Needed to Develop the Rule
The Commission estimates that approximately 300 hours of Commission staff time will be required in this rulemaking.
Radiography Examining Board
Subject
Creates initial administrative rules of the Radiography Examining Board (Chapters
RAD 1 to
5), relating to education standards, requirements, and examinations for radiography.
Objective of the Rule
To implement the statutory provisions created by
2009 Wisconsin Act 106, and implemented under Chapter
462 of the Wisconsin Statutes.
Policy Analysis
2009 Wisconsin Act 106 created chapter 462 of the Wisconsin Statutes. The promulgation of administrative rules pursuant to s.
462.06, Stats., is necessary to implement standards for education in radiography, examinations required, continuing education requirements for renewal, code of ethics and any additional provisions authorized under chapter 462 of the Wisconsin Statutes deemed necessary by the Radiography Examining Board.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Entities Affected by the Rule
Health care providers (clinics, hospitals and other providers) that offer radiography, podiatrists per §
448.695 (3), Stats., those using the title of radiographer, representing themselves as radiographers or engaging in radiography unless they meet the exemptions under s.
462.02, Stats.
Estimate of Time Needed to Develop the Rule
Total hours: 120.
Regulation and Licensing
Subject
Revises Chapters
RL 185 to
191, relating to boxing contests.
Objective of the Rule
The Department of Regulation and Licensing seeks to amend the current rules regulating the manner in which boxing contests are conducted in Wisconsin pursuant to the enactment of
2009 Wisconsin Act 111. This new legislation has a significant impact on the current rules.
Policy Analysis
2009 Wisconsin Act 111, which was enacted on February 4, 2010, amended ch.
444, Stats., updating the boxing statute and adding the sport of mixed martial arts as a new area of regulation. The newly enacted statute directs the department to promulgate rules to govern boxing and mixed martial arts in the following areas: permits, bonds for conducting events, insurance for contestants, requirements for health examinations of contestants, as well as mandatory drug testing policies. The department recognizes the need to update the safety standards currently in the rules concerning boxing and to provide consistency for conducting boxing and mixed martial arts events.
Statutory Authority
Sections
227.11 (2),
440.03 (1),
(1m),
444.01,
444.02,
444.03,
444.035,
444.06,
444.095,
444.11,
444.12,
444.13,
444.14,
444.15 and
444.18, Stats.
Comparison with Federal Regulations
The federal law regulating boxing is Title 15 US Code Chapter
89 Professional Boxing safety § 6301- §6313. It's relationship to state law is stated in §6313, “nothing in this Act [
15 USCS §§ 6301 et seq.] shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act [
15 USCS §§ 6301 et seq.], or criminal, civil, or administrative fines for violations of such laws or regulations." The proposed amendments to the current boxing rules are consistent with this regulation.
Entities Affected by the Rule
Licensed professionals, applicants, employers of licensed professionals, and entities engaged in promoting and conducting boxing contests, i.e., promoters, clubs, contestants, and officials.
Estimate of Time Needed to Develop the Rule
It is estimated that 1000 hours in state employee time will be required.
