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.
Health & Social Services
(Health, Chs. HSS 110--)
Notice is hereby given that pursuant to s. 254.35 (3) (g), Stats., the Department of Health and Social Services will hold public hearing to consider the creation of s. HSS 157.035, relating to fees for registration of ionizing radiation installations.
Hearing Information
The public hearing will be held:
November 13, 1995 Room 291
Monday Washington Square Office Bldg.
From 1:00 p.m. 1414 East Washington Ave.
to 3:00 p.m. MADISON, WI
The hearing site is fully accessible to people with disabilities.
Analysis Prepared by the Dept. of Health & Social Services
The Department under ch. HSS 157 regulates radiation-producing devices and radioactive materials in the interests of protecting the public from being exposed to ionizing radiation in amounts that are or may be detrimental to health.
A radiation installation, as defined in ch. HSS 157, is any location or facility where there is a device that when in use produces radiation, such as medical or dental x-ray equipment, or where radioactive material is produced, stored, disposed of or used for any purpose. Under s. 254.35, Stats., every ionizing radiation installation in the state has to be registered with the Department except an installation licensed by the U.S. Nuclear Regulatory Commission, and the registration has to be renewed by January 1 of each year, except in the case of a source of radiation devoted primarily to industrial purposes. A notice of registration must be in the possession of the person directly responsible for the radiation installation.
There is an annual fee charged by the Department for registration of a radiation installation. Registration fees are specified in s. 254.35 (3), Stats., by type of installation.
The current statute-set fees date from 1985. Under s. 254.35 (3), Stats., each site pays a basic registration fee of $25. In addition, each dental site pays $20 for each x-ray tube and each non-dental site pays $30 for each x-ray tube. There are currently over 4600 radiation installations in the state with 11,500 x-ray tubes.
The statute-set registration fees were changed in 1985 to the current amounts, with the maximum fee for a facility eliminated. The same session law created what is now s. 254.35 (3) (g), Stats., which permits the Department to raise those fees by promulgating rules that do that. This order raises the fees to bring revenues into line with program expenditures. Under the statute-set fee schedule, the projected revenues for 1996 would be about $400,000 while expenditures would be over $600,000. Program revenues are expected to pay for this regulatory program. Therefore the Department through this order is raising the annual fees for registration of radiation installations. Beginning January 1, 1996, the fees will be $32 for each dental site and $26 for each dental x-ray tube, and $32 for each non-dental site and $39 for each non-dental x-ray tube. Beginning January 1, 1997, the fees will be $36 for each dental site and $30 for each dental x-ray tube, and $36 for each non-dental site and $44 for each non-dental x-ray tube.
Contact Person
To find out more about the hearing or to request a copy of the rules, write or phone:
Mark Bunge, (608) 267-4784 or,
if you are hearing-impaired, (608) 266-1511 (TDD)
Radiation Protection Section, Division of Health
1414 E. Washington Ave.
Madison, WI 53703
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 20, 1995 will receive the same consideration as testimony presented at the hearing.
Fiscal Estimate
Section 254.35 (3) (g), Stats., permits the Department to raise the statute-set registration fees by rule. The statute-set fees date from 1986. This order increases those fees in two steps over two years to bring revenues into line with program expenditures. The fee increases are from $25 to $36 for each site, from $20 to $30 for each dental x-ray tube, from $30 to $44 for each nondental x-ray tube, and from $10 to $25 for late payment.
The fee increases are expected to increase program revenues by over $200,000 a year beginning in calendar year 1996.
About 73 radiation installations are operated by units of state government, including 48 by the University of Wisconsin at Madison which includes the University of Wisconsin Hospitals. The other installations are at correctional institutions, mental hygiene institutions, the Veterans Home at King, the State Crime Lab, the Air National Guard, the Capitol Police, other UW campuses and 9 VTAE (TCS) colleges. These will pay higher registration fees beginning with calendar year 1996. For instance, total fees for the 48 UW-Madison campus installations will increase from $6,285 in 1995 to $7,853 in 1996 and $8,834 in 1997. Total fees for all state-operated installations will increase from $9,170 in 1995 to $11,657 in 1996 and $12,980 in 1997. The increased state program revenues include $3,810 in increased fees that will be paid by state-operated installations.
Nineteen radiation installations are operated by local governments, 2 by cities and 17 by counties. Total fees will increase from $2,084 in 1995 to $2,362 in 1996 and $3,016 in 1997. Fee amounts exclude Doyne Hospital in Milwaukee which will become private in 1996.
Initial Regulatory Flexibility Analysis
Section 254.35, Stats., requires that every radiation installation in the state be registered with the Department, and that a registration be renewed by January 1 each year. A radiation installation is any location where there is a device that when in use produces radiation or where radioactive material is produced, stored, disposed of or used for any purpose. About 2,824 out of the 4,631 radiation installations in the state are small businesses, as “small business” is defined in s. 227.114 (1) (a), Stats. The small businesses are mainly dentists but there are also chiropractors, podiatrists and veterinarians, single physician offices and a few small industrial firms that do testing with radioactive material.
The rules increase the annual registration renewal fee. This is done to cover increased costs of the program and is authorized by s. 254.35 (3) (g), Stats. The fee is made up of a fixed amount for the site of the installation, that is, the street address, and then an additional amount for each x-ray device at that site. A lower fee per x-ray device is charged to dentist offices because the inspection of dental x-ray equipment takes less time. That difference also existed in the statute-set fees which the rule-set fees will replace.
No new reporting, bookkeeping or other procedures are required for compliance with the rules, nor are new professional skills required for compliance with the rules.
Industry, Labor & Human Relations
(Petroleum Products, Ch. ILHR 48)
Notice is given that pursuant to ss. 168.11 (1) (b) and 168.16 (4), Stats., the Department of Industry, Labor & Human Relations proposes to hold a public hearing to consider the revision of ch. ILHR 48, Wis. Adm. Code, relating to labeling of oxygenated fuels.
Hearing Information
November 15, 1995 Room 103, GEF#1
Wednesday 201 East Washington Ave.
10:00 a.m. MADISON, WI
This hearing is held in an accessible facility. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-3151 or Telecommunications Device for the Deaf (TDD) at 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators or materials in audio tape format will, to the fullest extent possible, be made available on request by a person with a disability.
Copies of Rules
A copy of the rules to be considered may be obtained from the location indicated below or at the appointed time and place the hearing is held.
Division of Safety & Buildings, Telephone (608) 266-3151
Dept. of Industry, Labor & Human Relations
201 East Washington Ave.
P.O. Box 7969
MADISON, WI 53707
Written Comments
Interested people are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. People making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from people unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, may be submitted no later than November 30, 1995, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Ms. Berni Mattsson at the address noted above. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
Analysis of Proposed Rules
Statutory authority: ss. 168.11 (1) (b) and 168.16 (4)
Statute interpreted: s. 168.11 (1) (b)
The proposed rules require reformulated fuels to be labeled with the oxygenate that they contain and specify the form, content, and location of acceptable labels.
