(Without Public Hearing)
Health Services
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2) (a), Stats., and interpreting section
227.11 (2) (a), Stats., and according to the procedure set forth in section
227.16 (2) (e), Stats., the Department of Health Services will adopt the following rules revising Chapter
DHS 1, relating to status and retention period for records of clients who have unpaid liability to the Department or counties as proposed in this notice, without public hearing unless, on or before
February 1, 2011, the Department of Health Services is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group that will be affected by the rule:
Submittal of Written Comments
Comments may be submitted until February 1, 2011 to:
Troy K. Kitzrow
Supervisor, Billing and Collections
Bureau of Fiscal Services
Division of Enterprise Services
Department of Health Services
1 West Wilson Street; Room 750
Madison, WI 53707
608-261-5984
Analysis by Department of Human Services
Statute(s) interpreted
Statutory authority
Explanation of statutory authority
Section
227.11 (2) (a), Stats., allows agencies to promulgate rules interpreting the provision of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related rule(s) or statute(s)
Plain language analysis
In this order, the Department proposes to promote uniformity and cost savings by revising the status and retention period for records of clients who have unpaid liability to the Department or counties. The changes include repealing and recreating rules to more clearly state when a client record may be closed. The changes also include reducing the retention period for closed inpatient mental health records under s.
DHS 1.06 (3) (e) from 10 years to 5 years. The current rules are confusing for Department and county staff and have led to different interpretations. The proposed changes may decrease costs and should increase uniformity and accountability for counties and the Department.
Summary of, and comparison with, existing or proposed federal regulations
There appear to be no existing proposed federal regulations that are the same or similar to the proposed rules.
Comparison with rules in adjacent states
Illinois:
There appear to be no administrative rules that are the same or similar to the proposed rules.
Iowa: There appear to be no administrative rules that are the same or similar to the proposed rules.
Michigan: There appear to be no administrative rules that are the same or similar to the proposed rules.
Minnesota: There appear to be no administrative rules that are the same or similar to the proposed rules.
Data and analytical methodologies
The Department analyzed ss.
46.03 (18) and
46.10 (1) to
(14) (a), Stats., the Department's current practices and existing rules when deciding how to revise the rules proposed in this order.
Analysis and supporting documents used to determine effect on small business
The proposed rules relate to the status and retention periods of client records relating to payment for the services. The proposed rules do not affect businesses.
Small Business Impact
The proposed rules do not affect businesses.
Fiscal Estimate
The proposed changes may decrease costs and should increase uniformity and accountability for counties and the Department. The Department's potential savings may be up to $1,000 annually. The savings for counties is unknown. The rules do not affect businesses.
Text Of Proposed Rule
SECTION 1. DHS 1.03 (20) (c) is repealed and recreated to read:
DHS 1.03 (20) PAYMENT PERIOD. (c) Third-party sources have been exhausted and the responsible parties have a permanent inability or unlikely future ability to pay.
SECTION 2. DHS 1.06 (3) (d) and (e) are repealed and recreated to read:
DHS 1.06 (3) (d)
Closing client records; record retention period. Client records may be closed after the department or payment approval authority determines that any one of the conditions listed under s.
DHS 1.03 (20) (a) to
(c) applies. Closed client records shall be maintained for at least 5 years.
(e) Audits. Open and closed client records shall be made available for audit.
Agency Contact Person
Troy K. Kitzrow
Supervisor, Billing and Collections
Bureau of Fiscal Services
Division of Enterprise Services
Department of Health Services
1 West Wilson Street; Room 750
Madison, WI 53707
608-261-5984
Notice of Hearing
Natural Resources
Environmental Protection — Air Pollution Control
Chs.
NR 400 —
(DNR # AM-17-10 and AM-48-10(E))
NOTICE IS HEREBY GIVEN that pursuant to sections 227.16 and 227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on proposed revisions to Chapters
NR 400,
405, and
407, Wis. Adm. Code, in permanent rule Order AM-17-10, relating to major source permit thresholds for sources of greenhouse gas emissions on the date and at the time and location listed below. The proposed revisions relate to issues for State Implementation Plan approvability, and the State Implementation Plan developed under sections
285.11(6), Stats., will be revised.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to section
227.24 (4), Stats., the Department will, on the same date and at the same time and location, hold a public hearing on identical revisions in emergency rule Order AM-48-10(E), adopted by the Natural Resources Board on December 8, 2010 and which was published and became effective on December 15, 2010.
Hearing Information
Date and Time:
|
Location:
|
January 21, 2011
Friday
10:00am
|
Natural Resources State Office Building
Room G09
101 S. Webster Street
Madison, WI 53703
|
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Robert Eckdale in writing at the Department of Natural Resources, Bureau of Air Management (AM/7), 101 S Webster, Madison, WI 53702; by E-mail to
Robert.Eckdale@wisconsin.gov ; or by calling (608) 266-2856. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule
The emergency order, proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link provided on the Proposed Air Pollution Control Rules Calendar at
http://www.dnr.state.wi.us/air/rules/calendar.htm. If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Robert Eckdale, Department of Natural Resources, Bureau of Air Management (AM/7), 101 S. Webster St, Madison, WI, 53702, or by calling 608.266.2856.
Submittal of Written Comments
Comments must be received on or before Friday, January 28, 2011. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Andrew Stewart
Department of Natural Resources
Bureau of Air Management (AM/7)
101 S Webster St, Madison, WI 53703
Phone: 608 266-6876
Fax: 608.267.0560
Analysis Prepared by the Department of Natural Resources
Statute(s) interpreted
Statutory authority
Explanation of statutory authority
Section
227.11 (2) (a), Stats., gives state agencies general rulemaking authority. Section
227.14 (1m) (b), Stats., allows the Department to use the format of federal regulations in preparing a proposed rule if it determines that all or part of a state environmental regulatory program is to be administered according to standards, requirements or methods which are similar to standards, requirements or methods specified for all or part of a federal environmental program. Section
227.24 (1) (a), Stats., gives the Department the authority to promulgate a rule as an emergency rule without complying with notice, hearing, and publication requirements under ch.
227, Stats., if necessary for the preservation of public welfare. Section
285.11 (1), Stats., gives the Department authority to promulgate rules consistent with ch.
285, Stats. Section
285.11 (16), Stats., requires the Department to promulgate rules that specify the amounts of emissions that result in a stationary source being classified as a major source. This section requires the rules to be consistent with but no more restrictive than the federal Clean Air Act.
Related statute(s) or rule(s)
None.
Plain language analysis
On April 1, 2010, US EPA promulgated the first standard for regulating motor vehicle gases contributing to climate change, i.e., greenhouse gases or GHG. Because of the way the Clean Air Act (CAA) is structured, once GHG emissions from motor vehicles are subject to regulation, stationary sources become regulated for these gases. Without further action by EPA, this standard has the unintended affect of subjecting literally tens of thousands of sources across the country to some of the most complex air permit and emission control regulations. In order to mitigate this unintended effect, EPA promulgated on June 3, 2010 (75 FR 31514), an additional “tailoring" rule that limits the number of sources subject to the permit and emission control regulations.
Under current state statutes and administrative code, Wisconsin sources will become subject to permit and emission control requirements on January 2, 2010. However, Wisconsin sources will not benefit from the tailoring rule limiting applicability under air permit and emission control regulations until revisions can be made to Wisconsin administrative code. This order proposes to revise the administrative code to make it consistent with the new federal rule.
Specifically, this proposal will define the greenhouse gases subject to regulation, establish greenhouse gas emission thresholds, that if exceeded, will trigger permitting and emission control requirements, and establish global warming potential factors which are used to calculate individual greenhouse gas emissions on an equivalent and comparable basis.
