Final Regulatory Flexibility Analyses
S. DOC 309.56 - Monitoring and recording of inmate telephone calls.
Summary of Final Regulatory Flexibility Analysis:
These rules do not directly affect small businesses as defined in s. 227.114 (1), Stats.
Summary of Comments:
No comments were reported.
2.
Health & Social Services
(CR 95-8)
Ch. HSS 207 - Operation of the Work Not Welfare demonstration project for recipients of Aid to Families with Dependent Children (AFDC).
Summary of Final Regulatory Flexibility Analysis:
These rules will not directly affect small businesses, as “small business” is defined in s. 227.114 (1) (a), Stats. The rules relate to county and tribal administration of a state and federal program.
Summary of Comments:
No comments were reported.
3.
Industry, Labor & Human Relations
(CR 95-7)
Chs. ILHR 2 & 74 - Contractor registration and certification.
Summary of Final Regulatory Flexibility Analysis:
1993 Wis. Acts 126 and 243 require the department to adopt rules for certifying the financial responsibility of contractors who work on one- and two-family dwellings, and for registering and certifying contractors who install or service heating, ventilating or air conditioning equipment. The proposed rules of Clearinghouse Rule No. 95-7 are minimum requirements to comply with the Acts, and any exception from compliance would be contrary to the Statutory objectives which form the basis for the rules.
Summary of Comments of Legislative Standing Committees
The rules were reviewed by the Assembly Committee on Housing and the Senate Committee on Human Resources, Labor, Tourism and Veterans and Military Affairs.
The Assembly Committee took no action and submitted no comments. The Senate Committee extended the review period an additional 30 days and held a hearing, but did not take any action or submit any comments.
4.
Industry, Labor & Human Relations
(CR 95-036)
Ch. ILHR 100 - Definitions used in unemployment compensation rules.
Summary of Final Regulatory Flexibility Analysis:
All businesses subject to ch. 108, Stats., will be affected by the rules. However actual impact will be minimal, if not non-existent, since this rule packet acts almost exclusively to consolidate definitions into one chapter rather than to make substantive changes to the definitions themselves.
No additional bookkeeping, reporting, or special skills are necessary for compliance with these rules.
Summary of Comments:
No comments were received.
Ch. NR 114 - Certification requirements for waterworks, wastewater treatment plant and septage servicing operators.
Summary of Final Regulatory Flexibility Analysis:
The proposed changes in subch. 1 will mainly affect municipalities and the proposed changes in subch. 2 will mainly affect small (septage servicing) businesses. Most of the proposed changes in subch. 2 are designed to make it easier for small businesses to comply with the rule.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Environment and Utilities and the Senate Committee on Environment and Energy. On March 28, 1995, the Senate Committee on Environmental and Energy held a public hearing. The committee requested that a temporary surcharge fee will be charged for each certification renewal. The rule was modified to reflect the Committee's request.
SS. NR 20.02 and 25.06 - Sport fishing for yellow perch on Lake Michigan and commercial fishing for yellow perch in zones 2 and 3 on Lake Michigan and Green Bay.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule changes will directly affect only commercial fishers. Indirect effects will be felt by sport fishers on Lake Michigan, commercial fish wholesalers, restaurants, sport fishing bait and tackle shops and other s. No additional compliance or reporting requirements will be imposed as a result of these proposed changes.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Energy. On June 12, 1995, the Senate Committee on Environment and Energy held a public hearing. No requests for modifications were received.
Chs. NR 484 and 489 - General conformity of major federal projects with the state implementation plan.
Summary of Final Regulatory Flexibility Analysis:
The rules affect the federal government. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Review Committees:
The rules were reviewed by the Senate Committee on Environment and Energy and the Assembly Committee on Environment and Utilities. There were no comments.
S. NR 468.30 - Emission standards for hazardous air pollutants generated from industrial process cooling towers.
Summary of Final Regulatory Flexibility Analysis:
The sources affected by this proposed rule are owners and operators of new and existing industrial process cooling towers that are operated with chromium-based water treatment chemicals and are either major sources or are integral parts of facilities that are major sources. The proposed rules will not change the requirements of the federal rule.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Environment and Utilities and the Senate Committee on Environment and Energy. There were no comments.
9.
Physical Therapists Affiliated Credentialing Board
(CR 94-220)
Chs. PT 1 to 8 - Regulation of physical therapists and physical therapist assistants.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Ch. Trans 78 - Transportation system management program.
Summary of Final Regulatory Flexibility Analysis:
This rule will have no adverse effect on small businesses.
Summary of Comments:
No comments were reported.
Public Notice
Public Notice
Health & Social Services
(Medical Assistance Reimbursement for Unusual High Cost Home Care Cases)
The State of Wisconsin reimburses home health agencies, personal care agencies and nurses in private practice for providing home health, personal care, respiratory care and private duty nursing services to Medical Assistance recipients. This is done under the authority of Title XIX of the Federal Social Security Act and ss. 49.43 to 49.47, Wisconsin Statutes. This program, administered by the State's Department of Health and Social Services, is called Medical Assistance (MA) or Medicaid. Federal statutes and regulations require that a state plan be developed that provides the methods and standards for reimbursement of covered services. A plan that describes the reimbursement system for the services (methods and standards for reimbursement) is now in effect.
The Department is proposing to modify the current rate structure used to reimburse home health agencies, personal care agencies and nurses in private practice to permit negotiated payments for unusual, high-cost cases. This change in reimbursement may be implemented by the Department effective October 1, 1995. The proposed change is:
The Department may negotiate an alternative payment for home health, personal care, private duty nursing and respiratory care services provided to a recipient if the Medical Assistance Program determines that the following requirements are met:
1. Home health, personal care, respiratory care and private duty nursing services are appropriate and cost-effective compared to other available services;
2. All applicable prior authorization requirements are met; and
3. The Department determines, on an individual basis, that the recipient's medical condition, environment or need for care is unusual, which may include one of the following situations:
A. The recipient is subject to the Medicaid average monthly home care payment limit under s. 49.45 (8e), Stats., as created by 1995 Wisconsin Act 27, and, without a negotiated payment, the total monthly Medicaid expenditures for home health, personal care and private duty nursing for the recipient are expected to exceed the Medicaid average monthly cost of nursing home care, as determined by the Department;
B. The total average Medicaid expenditures for home health, personal care, private duty nursing and respiratory care services for the recipient are expected to exceed the Medicaid average monthly cost of nursing home care, as determined by the Department, and, pursuant to s. 49.45 (8e), Stats., as created by 1995 Wisconsin Act 27, the recipient is exempt from Medicaid's home care payment limit under one of the following:
1) The recipient is under the age of 22;
2) The recipient is ventilator-dependent;
3) The Department grants the recipient an exemption based on its determination that the actual nursing home cost for the recipient will exceed the cost of care provided in the community, resulting in higher overall Medicaid costs;
4) The Department grants the recipient an exemption based on its determination that no nursing home bed is available for the recipient;
C. The recipient qualifies for high-cost case management services under s. 49.45 (43), Stats., as created by 1995 Wisconsin Act 27;
D. At the sole discretion of the Department, the services required cannot be reasonably provided by any other Wisconsin Medicaid-certified provider.
The estimated net effect of this change in the current rate structure on annual expenditures of the Wisconsin Medical Assistance Program is minimal.
Copies of the Proposed Changes
Copies of the proposed change will be sent to every county social services or human services department main office where they will be available for public review. For more information, interested people may write to:
