Effective Dates:   December 31, 2009
  through May 29, 2010
Hearing Date:   February 23, 2010
Employee Trust Funds
emergency_rules EmR0938 EmR0938 — Rule adopted revising Chapters ETF 10, 20 and 40, relating to the implementation of benefit changes mandated in 2009 Wisconsin Act 28; specifically, domestic partner benefits and the expansion of health insurance coverage to adult dependents up to the age of 27 years.
Finding of Emergency
The Department of Employee Trust Funds finds that an emergency exists and that emergency rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is:
ETF cannot promulgate a permanent rule in compliance with the mandated changes by January 1, 2010, which is the effective date of the domestic partnership and the health insurance provisions of 2009 Wisconsin Act 28. Without an emergency rule in place, the ability of ETF to enroll and cover participants' domestic partners and to provide health insurance to adult dependents would be seriously impaired. ETF would be unable to provide health insurance and other benefits to domestic partners and adult dependents.
Publication Date:   December 28, 2009
Effective Dates:   January 1, 2010
  through May 30, 2010
Hearing Date:   February 12, 2010
Health Services
Medical Assistance, Chs. DHS 101
Health, Chs. DHS 110
emergency_rules EmR0932 EmR0932 — Rule adopted revising Chapters DHS 105, 106 and 133, relating to personal care agencies and providers, and affecting small businesses.
Exemption From Finding of Emergency
The legislature by 2009 Wis. Act 28, Section 9122 (2), provides an exemption from a finding of emergency to adopt these emergency rules.
Publication Date:   December 16, 2009
Effective Dates:   December 16, 2009 through
  May 14, 2010
(Subject to 2009 Wis. Act 28, Section 9122 (2))
Hearing Dates:   February 3, 2010 and
  May 12, 2010
(See the Notice in this Register)
Health Services (2)
Health, Chs. DHS 110
emergency_rules EmR1004 1.   EmR1004 — Rule adopted to create sections DHS 195.145 and 197.145, relating to carbon monoxide detectors in hotels, motels, tourist rooming houses and bed and breakfast establishments, and affecting small businesses.
Finding of Emergency
DHS finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. The facts constituting the emergency are as follows:
Section 101.149 (2) and (3), Stats., requires the owners of lodging establishments, including hotels, tourist rooming houses, and bed and breakfast establishments that were constructed on or before October 1, 2008, or had plans reviewed by the department of commerce before October 1, 2008, to, not later than April 1, 2010, install carbon monoxide detectors in every residential building that has a fuel-burning appliance, unless, pursuant to s. 101.149 (5), Stats., the building does not have an attached garage and all fuel-burning appliances in the building have sealed combustion units that are either covered by the manufacturer's warranty against defects or are inspected under rules promulgated by DHS.
Section 254.74 (1) (am), Stats., requires DHS to promulgate rules under which DHS would conduct inspections of sealed combustion units for carbon monoxide emissions, and rules that specify the conditions under which DHS may issue orders to correct violations of s. 101.149 (2) or (3), Stats.
Publication Date:   March 1, 2010
Effective Dates:   April 1, 2010 through
  August 28, 2010
Hearing Dates:   April 21, 23, 27, 28, 30, 2010
emergency_rules EmR1009 2.   EmR1009 — Rule adopted to revise Chapter DHS 137, relating to anatomical gifts and the Wisconsin Donor Registry.
Finding of Emergency
The Department of Health Services finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. The facts constituting the emergency are as follows:
There are over 105,000 people in the United Sates on the national waiting list for organ transplants including 1,500 in Wisconsin. Due to the limited availability of organs for transplantation, 18 people die each day in the United States.
As part of Wisconsin's response to the need for increased organ and tissue donation, the department, as authorized under s. 157.06 (20), Stats., has established the Wisconsin Donor Registry (Donor Registry).
The Donor Registry will make it easier for Wisconsin residents to become donors and for procurement organizations to identify donors, and thus it should increase the supply of available organs and tissues, which may save the lives of persons awaiting transplant.
Promulgating the rules for the Donor Registry as emergency rules will enable department-authorized procurement organizations to quickly determine whether a person who is at or near death has a record of gift. In addition, the Donor Registry makes it possible for individuals to immediately make anatomical gifts.
The Donor Registry will become available for use by the public upon the effective date of these emergency rules and may be accessed by the public at yesIwillwisconsin.com. Substantially identical permanent rules are being proposed concurrent to this emergency order.
Publication Date:   March 29, 2010
Effective Dates:   March 29, 2010 through
  August 25, 2010
Hearing Date:   May 5, 2010
Insurance (5)
emergency_rules EmR0925 1.   EmR0925 — Rule adopted to create section Ins 3.75, relating to continuation of group health insurance policies.
Exemption From Finding of Emergency
Under 2009 Wisconsin Act 11, section 9126, a Finding of Emergency is not required for this emergency rule. The relevant portion of 2009 Act 11 reads as follows:
2009 Wisconsin Act 11, SECTION 9126.0 Nonstatutory provisions; Insurance.
(4) Continuation coverage rules. (a) Notwithstanding section 632.897 of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.
(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. [Emphasis Added]
Publication Date:   October 1, 2009
Effective Dates:   October 2, 2009
  through October 1, 2010
Hearing Date:   December 8, 2009
emergency_rules EmR0927 2.   EmR0927 — Rule adopted to create Chapter Ins 57, relating to care management organizations and affecting small business.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
Beginning January 1, 2010, care management organizations are required to obtain a permit from the commissioner to provide services under the Family Care program. In order to ensure no gap in services to enrollees, organizations and the office need to complete and accept applications for permits prior to January 1, 2010. Promulgation of this rule will permit the timely filing and review of permittees.
Publication Date:   October 9, 2009
Effective Dates:   October 10, 2009
  through March 10, 2010
Extension Through:   May 9, 2010
Hearing Date:   December 3, 2009
emergency_rules EmR0930 3.   EmR0930 — Rule adopted to create section Ins 3.34, relating to insurance coverage of dependents to age 27 and affecting small business.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows: the Commissioner is aware that insurers, employers and consumers are interpreting the state mandate inconsistently so without this rule consumers will not be treated similarly when the law becomes effective on January 1, 2010; the Commissioner has received numerous inquiries from insurers, consumers and employers seeking clarity of terms and guidance on interpretation and implementation of the law as many employers are entering open enrollment for the 2010 plan year.
These changes will be effective the day following publication in the official state newspaper and a permanent rule will start the permanent rule process to achieve uniformity in interpretation therefore protecting the public, informing employers, and guiding insurers in the state.
Publication Date:   October 30, 2009
Effective Dates:   October 31, 2009 through
  March 29, 2010
Extension Through:   May 28, 2010
Hearing Date:   January 14, 2010
emergency_rules EmR0945 4.   EmR0945 — Rule adopted revising section Ins 3.75, relating to the continuation of group health insurance policies.
Exemption From Finding of Emergency
Under 2009 Wisconsin Act 11, section 9126, a Finding of Emergency is not required for this emergency rule. The relevant portion of 2009 Act 11 reads as follows:
2009 Wisconsin Act 11, SECTION 9126.0Nonstatutory provisions; Insurance.
(4) CONTINUATION COVERAGE RULES (a) Notwithstanding section 632.897 of the statutes and subsections (1), (2), and (3), the commissioner of insurance may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a state eligible individual to whom subsection (2) or (3) applies or an assistance eligible individual, as defined under section 3001 (a) (3) of the federal act, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, and election of alternative coverage.
(b) The commissioner may promulgate the rules under paragraph (a) as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) of the statutes, emergency rules promulgated under this paragraph may remain in effect for one year and may be extended under section 227.24 (2) of the statutes Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. [Emphasis Added]
Publication Date:   January 7, 2010
Effective Dates:   January 8, 2010
  through June 6, 2010
Hearing Date:   May 5, 2010
emergency_rules EmR1005 5.   EmR1005 — A rule adopted creating section Ins 3.36, relating to treatment of autism spectrum disorders and affecting small business.
Exemption From Finding of Emergency
The Commissioner of Insurance pursuant to s. 632.895 (12m) (f) 2., Stats., need not find that an emergency exists nor provide evidence that promulgating a rule is necessary for the preservation of the public peace, health, safety or welfare.
Publication Date:   March 8, 2010
Effective Dates:   March 8, 2010
  through August 4, 2010
(subject to s. 632.895 (12m) (f), Stats.)
Natural Resources
Fish, Game, etc., Chs. NR 1
emergency_rules EmR1010 EmR1010 A rule adopted amending NR 10.104 (4) (b), relating to deer management unit population goals.
Finding of Emergency
The emergency rule procedure, pursuant to s. 227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The state legislature has delegated rule-making authority to the department to manage the white-tailed deer herd to conserve it and to ensure citizens of this state continued opportunities for good hunting. Population goal revisions in this rule order, and identical proposed permanent rules, are necessary in order to allow consideration of current recommendations from biologists and recent public input when setting the 2010 deer hunting season framework. Normal rule-making procedures will not allow establishment of revised population goals in time for use in setting the 2010 deer hunting season framework. Failure to modify population goals will result in a deer season framework and antlerless quotas that are based on goals established in 2005. Using the old goals would result in a deer season framework and permit levels considered unacceptable to the majority of the hunting public.
Publication Date:   April 3, 2010
Effective Dates:   April 3, 2010 through
  August 30, 2010
Hearing Date:   May 19, 2010
(See the Notice in this Register)
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