(6) Tickets for a proposed raffle may not be offered for sale more than 180 days before the raffle drawing.
(7) All raffle drawings shall be held in public.
(8) All prizes shall be awarded. The purchaser of a ticket or calendar need not be present at the drawing to win a prize.
(9) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket or calendar purchasers.
(10) The organization that holds a raffle drawing shall furnish a list of prize winners to each ticket or calendar holder who provides the organization with a self-addressed stamped envelope and requests the list.
SECTION 4. WGC 45.04 is created to read:
WGC 45.04 Class B License. All of the following shall apply to the conduct of a raffle under a Class B license:
(1) All raffle tickets shall be identical in form.
(2) The raffle tickets need not be numbered consecutively.
(3) No raffle ticket may exceed $10 in cost.
(4) No person may sell a raffle ticket or calendar unless authorized by an organization with a Class B license.
(5) All raffle drawings shall be held in public.
(6) The purchaser of a ticket may claim the prize if the purchaser must leave prior to the drawing.
(a) The purchaser of a raffle ticket sold by an authorized organization with a Class B license pursuant to s. 563.935, Stats., may claim the prize if the purchaser must leave before the drawing. To be eligible to claim the prize, the purchaser shall give their ticket to an individual that will be in attendance at the time of the drawing to claim the prize on their behalf. If the purchaser chooses not to give their ticket to another individual prior to the drawing to act as their representative, the purchaser may present the ticket to a designated representative of the authorized organization for a refund. In the event the individual leaves prior to the drawing and does not give their ticket to another individual to claim the prize on their behalf or request a refund, the purchaser surrenders all rights to claim the prize or receive a refund. If a ticket is presented for refund, the seller shall immediately void the ticket. The individual designated to issue refunds on behalf of the organization shall be identified at the start of the event in which the raffle shall be conducted. The purchaser shall not hold the organization or the commission responsible for any disputes which may arise regarding ownership claim of any ticket.
(7) All prizes shall be awarded.
(8) The time of the drawing and prizes to be awarded, the prize amount or the methodology used to determine the prize amount shall be posted or announced before the drawing.
(9) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket purchasers.
SECTION 5. WGC 45.05 is created to read:
WGC 45.05 License fees. The fee for each type of raffle license shall be $25 and shall be remitted with the application. A raffle license shall be valid for 12 months and may be renewed as provided in s. 563.98 (1g), Stats. The commission shall issue the license within 30 days after the filing of an application if the applicant qualifies under s. 563.90, Stats., and has not exceeded the limits of s. 563.91, Stats.
Health & Social Services
(Health, Chs. HSS 110--)
Notice is hereby given that pursuant to s. 150.03, Stats., the Department of Health and Social Services will hold a public hearing to consider the amendment of ss. HSS 122.06 and 122.07, Wis. Adm. Code, relating to criteria for prior review and approval of up to three pilot projects that propose to demonstrate the worth of new nursing home designs, and the emergency rules now in effect on the same subject.
Hearing Information
January 18, 1996 Room 572C
Thursday State Office Building
10:00 a.m. to 12:00 p.m. 1 W. Wilson Street
Madison, WI
The public hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Social Services
A capital expenditure by or on behalf of a nursing home that exceeds $1,000,000 is subject to prior review and approval by the Department under subch. II of ch. 150, Stats. An approved project has a maximum cost per bed limit computed under s. HSS 122.07 (1) (c).
The Legislature in s. 10 of 1993 Wis. Act 290 directed the Department to study the issue of the relationship between the design and construction of nursing homes and the formula for determining approvable proposed bed costs under s. HSS 122.07 within the context of health care cost containment.
The Department on January 31, 1995 submitted its report to the Legislature on nursing home design and construction in relation to the formula for determining maximum bed costs. While the study dealt primarily with traditional nursing home designs, the Department stated in the report that its Division of Health was developing rules to permit the study of new nursing home designs which increase capital costs per bed but decrease operating costs. The rules would increase the maximum allowable cost per bed for projects that will permit study of the impact of nursing home design and management approaches on the health of nursing home residents and the cost of care. New nursing home designs may exceed the maximum costs per bed but reduce operating costs.
The Department on November 29, 1995 published the rules by emergency order because of the length of the permanent rulemaking process and also the length of the Department's project approval process which cannot begin until the rules are in effect. The Department sought to act quickly to improve care for nursing home residents and possibly lower the overall costs of care.
These are the permanent rules to replace the emergency rules. Like the emergency rules, they increase the cost per bed maximum for two or three pilot projects that will demonstrate new nursing home designs. They also establish conditions for the announcement and acceptance of applications, criteria for review of applications and a selection process when there are more applicants that meet the requirements for project approval than can be approved.
Contact Person
To find out more about the hearing or to request a copy of the rules, write or phone:
Connie Miller
Division of Health
P.O. Box 1808
Madison, Wisconsin 53701-1808
608/266-0999 or,
if you are hearing impaired,
608/266-1511
If you are hearing- or visually-impaired, do not speak English or have other circumstances which might make communication at the 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 January 25, 1996, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
The rule changes will have no impact on state medical assistance reimbursement under the nursing home formula. For the approved pilot projects, reimbursement under the capital cost center would be higher than reimbursement to facilities subject to the RAP maximums. However, the increase in capital costs is projected to be offset by decreases in the operating costs of the new facilities. Operating costs are expected to decrease as a result of more energy efficient buildings and layouts that are designed to promote staffing efficiencies. In addition, because the number of demonstration projects are limited in number and represent a small percentage of industry-wide costs, this rule change is not anticipated to have a material impact on the remaining cost center medians.
Cities and counties operate 78 nursing homes statewide. These rules will not affect local governments, unless a local government chooses to apply for a demonstration project.
There will be no additional costs to the Department for administration of the review process for projects demonstrating new nursing home designs.
Initial Regulatory Flexibility Analysis
These rules will not affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. About 90 nursing homes are small businesses, but a project home must have 60 or more beds in which case it would not likely meet the small business criterion of having fewer than 25 full-time employes. In any case, a nursing home construction project is not required to comply with the new criteria set out in these rules unless the applicant proposes to demonstrate the worth of a new nursing home design in terms of lower operating costs and resident benefits and makes application for project approval in accordance with the criteria and procedures in these rules.
Health & Social Services
(Health, Chs. HSS 110--)
Notice is hereby given that pursuant to s. 254.151 (intro.), Stats., as renumbered and amended by 1995 Wis. Act 27, and s. 227.11 (2) (a), Stats., the Department of Health & Social Services will hold a public hearing to consider the creation of ch. HSS 182, relating to criteria for awarding grants for lead poisoning prevention projects, and emergency rules now in effect on the same subject.
Hearing Information
The public hearing will be held:
January 16, 1996 Room 291
Tuesday Washington Sqr. Office Bldg.
From 1:00 p.m. 1414 E. 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
These rules implement the requirement in s. 254.151, Stats., as amended by 1995 Wis. Act 27, that the Department establish criteria by rule for the award of grants:
1) To fund educational programs, including programs for health care providers about the dangers of lead poisoning or exposure to lead;
2) To fund lead poisoning or lead exposure screening, care coordination and follow-up services, including lead inspections, for or on behalf of children under the age of 6 not covered by third-party payers;
3) To fund administration and enforcement activities of local health departments that, under s. 254.152, Stats., are designated by the Department to be its agents for administration and enforcement of ss. 254.11 to 254.178, Stats.
The grant program was established in mid-1994. The requirement that the Department's criteria for awarding grants be set out in rules was added by Act 27 in mid-1995. The amount available in the appropriation for grant awards is $879,000 for each year of the 1995-97 biennium.
Similar emergency rules were published on December 5, 1995. These are the replacement permanent rules.
The rules identify who may apply for a grant, describe the application process, provide for preliminary review of applications by the Department for compliance with format and content requirements set out in the relevant request for proposals (RFP), provide for evaluation of applications by one or more review committees appointed by the Department and specify 14 criteria for use in that final review, note that the Department will award grants based on the recommendations of the review committee or committees and taking into consideration other specified factors and describe the awards process and conditions imposed when awarding grants.
Contact Person
To find out more about the hearings or to request a copy of the rules, write or phone:
Bill Otto, (608) 266-9337 or,
if you are hearing-impaired, (608) 266-1511 (TDD)
Lead Poisoning Prevention Program
Bureau of Public Health
1414 East Washington Ave., Room 96
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 by the person at the above address no later than January 23, 1996, will receive the same consideration as testimony presented at a hearing.
Fiscal Estimate
These rules establish criteria for awarding lead poisoning or lead exposure prevention grants under s. 254.151, Stats., as renumbered and amended by 1995 Wis. Act 27. Rules are required under s. 254.151 (intro.), Stats., as renumbered and amended by Act 27.
