Initial Regulatory Flexibility Analysis
Small businesses that receive grievance arbitration or mediation services from the Wisconsin Employment Relations Commission or that wish to receive a transcript of a Commission proceeding will be obligated to pay the fees established by the proposed rules.
Payment of the fees will not require any professional skills or any additional reporting or bookkeeping procedures.
Fiscal Estimate
The proposed rules:
1) Establish a filing fee of $250 per case for mediation, interest arbitration and fact-finding;
2) Increase an existing filing fee for grievance arbitration from $25 to $250; and
3) Maintain an existing $25 filing fee for unfair labor practice or prohibited practice complaints.
By statute, the filing fee for complaints is to be paid by the filing party while the costs of the filing fees for mediation, itnerest arbitration, fact-finding and grievance arbitration cases are to be shared equally by the employer and union.
For the fiscal years beginning 1987-1988 and ending 1993-1994, the Commission received an average of 1,541 cases per year (673 mediation, fact-finding and interest arbitration cases, 711 grievance arbitration cases and 157 complaint cases) which are subject to the filing fees. However, for fiscal year 1994-1995, the Commission received 1,398 cases (525 mediation, fact-finding and interest arbitration cases, 696 grievance arbitration cases and 177 complaint cases) which are subject to the fees. Counties, villages, towns, school districts, VTAE (TCS) districts or sewerage districts were parties to 510 of the mediation, interest arbitration and fact-finding cases and 575 of the grievance arbitration cases.
For the purposes of this fiscal estimate as to filing fees, the Commission assumes that its case filing experience during fiscal year 1994-1995 will continue. If the Commission does not receive the anticipated statutory authority to collect filing fees for s. 111.70 (4) (cm) 6, Stats., interest arbitration or if the filing fees have the effect of reducing the number of cases the Commission receives, the revenue generated by the fees will decrease.
Given the foregoing assumptions, the Commission's proposed filing fee rules would have the following fiscal impacts:
ANTICIPATED STATE REVENUE FISCAL EFFECT
PROGRAM REVENUE GENERATED
(The existing $25 filing fees for complaint and grievance arbitration cases are deposited as general purpose revenue-earned. Effective January 1, 1996, fees for complaint and grievance arbitration cases are to be deposited as program revenue. Thus, the Commission's general program revenue for January 1, 1996 to June 30, 1996 will decrease by $10,900 and for July 1, 1996 to June 30, 1997 will decrease by $21,825.)
January 1, 1996 to June 30, 1996:
1/2 of 696 = 348 x $250 = $ 87,000
1/2 of 525 = 262 x $250 = $ 65,500
1/2 of 177 = 88x $ 25 = $ 2,200
$154,700
July 1, 1996 to June 30, 1997:
696 x $250 = $174,000
525 x $250 = $131,250
177 x $ 25 = $ 4,425
$309,675
ANTICIPATED LOCAL GOVERNMENT FISCAL LIABILITY
January 1, 1996 to June 30, 1996:
1/2 of 575 = 287 x 1/2 of $250 = $ 35,875
1/2 of 510 = 255 x 1/2 of $250 = $ 31,875
* $ 67,750
(*The number of complaints filed by local governmental units is negligible.)
July 1, 1996 to June 30, 1997:
575 x 1/2 of $250 = $71,875
510 x 1/2 of $250 = $ 63,750
* $135,625
(*The number of complaints filed by local governmental units is negligible.)
The proposed rules also establish a fee structure for transcripts of Commission proceedings. The proposed fee structure should have no fiscal effect on the Commission or local government.
Contact Person
Questions regarding the proposed rule may be directed to:
Peter G. Davis, General Counsel (608) 266-2993
Wis. Employment Relations Commission
14 West Mifflin Street, Suite 200
P. O. Box 7870
Madison, WI 53707-7870
Health & Social Services
(Medical Assistance, Chs. HSS 100--)
(Health, Chs. HSS 110--)
Notice is hereby given that pursuant to s. 49.45 (10), Stats., and ss. 46.27 (7g) (g) and 49.482 (5), Stats., as created by 1995 Wis. Act 27, the Department of Health and Social Services will hold public hearings to consider the amendment of s. HSS 108.02 (10), (11) and (12) and the creation of ss. HSS 152.065 (7), 153.07 (5) and 154.07 (5), relating to recovery of the cost of benefits from the estates of people who received assistance from the Community Options Program (COP) or from a program of assistance for people with chronic renal disease, cystic fibrosis or hemophilia, and the emergency rules already in effect on estate recovery under the programs of assistance for people with chronic renal disease, cystic fibrosis or hemophilia.
Hearing Information
The public hearings will be held:
November 13, 1995 Room B139
Monday State Office Bldg.
Beginning One West Wilson St.
at 1:00 p.m. MADISON, WI
November 13, 1995 Curative Workshop--
Monday Rehabilitation Center
Beginning 2900 Curry Lane
at 1:00 p.m. GREEN BAY, WI
November 17, 1995 Midway Hotel
Friday (Midway Motor Lodge)
Beginning 2851 Hendrickson Dr.
at 1:00 p.m. EAU CLAIRE, WI
The hearing sites are fully accessible to people with disabilities. Parking for people with disabilities for the Madison site is available in the back of the building and in nearby parking ramps.
Analysis Prepared by the Dept. of Health & Social Services
The 1995-97 State Budget Act, 1995 Wis. Act 27, created ss. 46.27 (7g) and 49.482, Stats., which require the Department of Health and Social Services to file a claim against the estate of a person who received benefits under the long-term community support program under s. 46.27, Stats., as affected by Act 27, the chronic renal disease aid program under s. 49.48, Stats., the adult cystic fibrosis aid program under s. 49.483, Stats., or the hemophilia aid program under s. 49.485, Stats., to recover the cost of care or the amount of assistance provided, or a claim against the estate of the surviving spouse of that person. Sections 46.27 (7g) (g) and 49.482 (5), Stats., as created by Act 27, require the Department to promulgate rules that establish standards for determining whether the recovery of those costs would work an undue hardship on heirs or beneficiaries in individual cases. If an undue hardship is found to exist, the Department is required to waive application of the recovery requirement in that case.
This rulemaking order contains standards on the basis of which the Department will decide if recovery of assistance from the estate of a client or recipient or the estate of the client's or recipient's surviving spouse would constitute an undue hardship to an heir or beneficiary of the estate. The order also establishes the application and review processes for an undue hardship waiver and the applicant's appeal rights. The provisions are identical to those currently used for undue hardship waivers from estate claims made to recover Medical Assistance benefits.
Contact Person
To find out more about the hearings or to request a copy of the rules, write or phone:
James Cobb, (608) 266-3802 or,
if you are hearing-impaired, (608) 267-9880 (TDD)
Bureau of Health Care Financing
P.O. Box 309
Madison, WI 53707
If you are hearing- or visually-impaired, do not speak English, or have other personal circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than November 24, 1995, will receive the same consideration as testimony presented at a hearing.
Fiscal Estimate
These rules will not affect the expenditures or revenues of state government or local governments.
The rules implement the requirements in ss. 46.27 (7g) (g) and 49.482 (5), Stats., as created by 1995 Wis. Act 27, that the Department by rule establish standards for determining whether recovery of program costs from the estate of a person who received assistance from the long-term support Community Options Program (COP) under s. 46.27, Stats., the chronic renal disease aid program under s. 49.48, Stats., the adult cystic fibrosis aid program under s. 49.485, Stats., or the hemophilia aid program under s. 49.485, Stats., or from the estate of the surviving spouse of that person, would work an undue hardship on heirs or beneficiaries in individual cases. When an heir or beneficiary asks the Department to waive an estate claim, on hardship grounds, and the Department determines that an undue hardship exists, the Department will not pursue the claim.
Local governments are not involved in the administration of programs that provide assistance to people with chronic renal disease, cystic fibrosis or hemophilia, nor will they be involved in filing claims against the estates of former COP clients and their surviving spouses.
The costs to the Department of determining if the requirement to file an estate claim should be waived in particular cases, on hardship grounds, were taken into consideration by the Legislature when Act 27 was passed, as were reduced collections for the State resulting from waivers of the requirements to file an estate claim.
Initial 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 may affect the heirs and other beneficiaries of the estates of some people who received certain health care services or the heirs and other beneficiaries of the estates of the surviving spouses of those people.
