Submittal of rules to legislative council clearinghouse
Please check the Bulletin of Proceedings - Administrative Rules
for further information on a particular rule.
Chiropractic Examining Board
Rule Submittal Date
On September 5, 2003, the Chiropractic Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule relates to minor changes to conform the rules to current practices and to correct oversights and problematic language in the current rules, especially related to the board's adoption of Part IV of the national exam in lieu of a state-administered exam to demonstrate clinical competence.
Agency Procedure for Promulgation
A public hearing is required and will be held on October 16, 2003, at 9:00 a.m. at 1400 East Washington Avenue, Madison, WI 53702.
Contact
Joel Garb, Paralegal, Office of administrative Rules, (608) 266-0495.
Dentistry Examining Board
Rule Submittal Date
On September 2, 2003, the Dentistry Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule relates to the practice of dental hygiene.
Agency Procedure for Promulgation
A public hearing is required and will be held on November 5, 2003 at 9:30 a.m. in room 179A at 1400 East Washington Avenue, Madison, Wisconsin 53702.
Contact
Joel Garb, Paralegal, Office of administrative Rules, (608) 266-0495.
Health and Family Services
Rule Submittal Date
On September 10, 2003, the Department of Health and Family Services submitted a proposed rule to the Legislative Council Rules Clearinghouse.
To create ch.
HFS 2, relating to Department recoupment of program benefit overpayments from program recipients.
Analysis Prepared by the Department of Health and Family Services
The Department proposes to create a new chapter of administrative rules, HFS 2, that addresses the Department's ability to recoup overpayments the Department made to recipients of Department program benefits.
Under section 16.51 (4) of the Wisconsin Statutes, the Wisconsin Department of Administration is responsible for the collection of all monies due the state. In the State Accounting Manual, the Department of Administration has, in turn, assigned to each State agency the responsibility to establish and document internal procedures to assure that all accounts are recorded, billed and collected or written-off in an efficient and timely manner. This includes the return of benefits that were overpaid to recipients.
To date, the Department of Health and Family Services has relied on its written overpayment policy to authorize the procedure the Department uses to recoup benefit payments. In 1999, in Mack vs. DHFS, 231 Wis. 2nd 844, 605 N.W. 2nd 651 (Ct. App. 1999), the Wisconsin Court of Appeals found that although the Department has the right to recover erroneous payment of public funds, the Department could not employ its recoupment process without promulgating the process as an administrative rule. Therefore, the Department proposes to promulgate its procedure for recouping overpayments as ch.
HFS 2.
The Department's authority to repeal and recreate these rules is found in s.
227.11 (2) (a), Stats. The rules interpret s.
16.51 (4), Stats.
Agency Procedure for Promulgation
Public hearings under ss.
227.16,
227.17 and
227.18, Stats.,; approval of rules in final draft form by the DHFS Secretary; and legislative standing committee review under s.
227.19, Stats.
Contact
Don Warnke
Bureau of Fiscal Services
266-5869
Shelly Malofsky
Office of Legal Counsel
266-0386
Insurance
Rule Submittal Date
In accordance with ss.
227.14 and
227.15, Stats., the Office of the Commissioner of Insurance is submitting a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse on September 12, 2003.
Analysis
These changes will affect Section
Ins 25.50 (1), Wis. Adm. Code, relating to An Exception to Disclosure of Financial Information.
Agency Procedure for Promulgation
The date for the public hearing is October 22, 2003.
Contact
A copy of the proposed rule may be obtained from the OCI internet WEB site at:
http://www.state.wi.us/agencies/oci/ocirules.htm
or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110. For additional information, please contact Julie E. Walsh at (608) 264-8101 or e-mail at:
Julie.Walsh@oci.state.wi.us in the OCI Legal Unit.
Psychology Examining Board
Rule Submittal Date
On September 2, 2003, the Psychology Examining Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule relates to prohibited relationships.
Agency Procedure for Promulgation
