Register

Emergency Rules:

This rule was promulgated as an emergency rule effective March 1, 1996.

Initial Regulatory Flexibility Analysis

There is no effect on small businesses.

Reference to Applicable Forms

Not applicable.

Fiscal Estimate

The revised s. WGC 24.13 (1) (d) has a fiscal impact on the general fund. The identified reduction in fees will be approximately $200,000 per year.

Agency Contact Person

Daniel J. Subach, Racing Analyst

Wisconsin Gaming Commission

150 E. Gilman Street

P.O. Box 8979

Madison, Wisconsin 53708-8979

Tel. [phone]

Fax [phone]

Text of Rules

Section 1. WGC 24.13 (1) (d) is amended to read:

Submit a fee of $15 $50 for each race performance received from an out-of-state host track. The fee shall be paid no later than 48 hours after the conclusion of the race day in which the simulcast performance started or, if the 48-hour period does not include a business day, on the first business day immediately following the close of the race day. This provision regarding the payment of fees shall not be applicable if the guest track schedules 3 or fewer races of a race performance from an out-of-state host track.

Health & Social Services
(Community Services, Chs. HSS 30-)

Notice is hereby given that pursuant to s. 51.42(7)(b), Stats., the Department of Health and Social Services will hold a public hearing to consider the repeal of s. HSS 61.74, the amendment of ss. HSS 61.93(2) and 61.97(1), the repeal and recreation of s. HSS 61.94(6) and the creation of ch. HSS 34, relating to standards for emergency mental health service programs.

Hearing Information

April 23, 1996   Room B139

Tuesday   State Office Building

From 1 p.m. to 3 p.m.   1 W. Wilson Street

  MADISON, WI

The hearing site is fully accessible to people with disabilities.

Analysis Prepared by the Department of Health and Social Services

Section 51.42 (1) (b), Stats., makes a county primarily responsible for the well-being, treatment, and care of mentally ill persons who live in the county and for ensuring that individuals in the county who need emergency mental health services receive those services promptly. Section 51.42 (7) (b), Stats., directs the Department to promulgate rules that establish standards and other requirements for community mental health service programs operated by counties or from which counties purchase services.

All standards for certification of community mental health programs now included in subch. IV of ch. HSS 61 are being renumbered and revised. Eventually there will be separate chapters for inpatient services, outpatient services, emergency services, adult day treatment, child day treatment, and child in-home services.

This order renumbers and modestly updates the Department's current standards for certification of community mental health emergency service programs and creates a considerably expanded alternative set of standards for certification of those programs. The alternative standards are for programs that seek reimbursement from the Medical Assistance program, under ss. 49.43 to 49.475 and 49.49 to 49.497, Stats., and chs. HSS 101 to 108, for the cost of services provided to Medical Assistance recipients, or that seek reimbursement from insurers who issue group or blanket disability policies and therefore are subject to s. 632.89, Stats. The current rules, s. HSS 61.74, date from 1977 and have never been updated.

The new, alternative standards, as set out in subch. III of ch. HSS 34, cover qualifications of program staff, supervision of staff, orientation and ongoing training of staff, establishment of county-wide plans for coordinating the provision of crisis services, required services, criteria for service eligibility, assessment of a person's need for services and of the kinds of services needed, contact notes, crisis plans and handling of client complaints, in addition to procedures for applying for program certification and sanctions for not complying with requirements.

This order also amends the outpatient mental health clinic standards in subch. V of ch. HSS 61 to replace the term “nervous or mental disorder” with the term “mental disorder” as the reason why a person needs mental health treatment. “Nervous or mental disorder” is defined in s. HSS 61.96 (4) and used at two places in the rules for outpatient mental health clinics. It was going to be replaced when the outpatient mental health clinic rules are updated. It is being replaced at this time because the definition of it, which is the only definition of the term in the Department's standards for community mental health service programs, no longer adequately describes persons in need of mental health treatment and receiving mental health treatment and is not consistent with the definition of “mental disorder” in the revised emergency service standards. For purposes of mandatory coverage of undefined “nervous and mental disorders” under s. 632.89, Stats., the Office of Commissioner of Insurance views emergency services as a type of outpatient services, and so to ensure that insurance will cover all standard diagnoses, the more limited definition of “nervous or mental disorder” in s. HSS 61.96 is replaced by the new definition of “mental disorder.”

Contact Person

To find out more about the hearing or to request a copy of the proposed rules, write or phone:

George Hulick, [phone] or,

if you are hearing impaired, [phone] (TDD)

Bureau of Community Mental Health Services

P.O. Box 7851

Madison, WI 53707-7851

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 April 30, 1996 will receive the same consideration as testimony presented at the hearing.

Fiscal Estimate

The Department for many years has had standards for community mental health emergency service programs. Compliance with the standards on the part of county-operated and county-contracted programs is a condition for receipt of state community aid funds. Those standards are being renumbered and updated by this rulemaking order. The changes will not affect the expenditures or revenues of state government or local governments.

This order also creates an alternative, more demanding set of standards for emergency service programs that seek Medical Assistance reimbursement. Compliance with these standards will increase program costs but will also increase program revenues. A program may choose to be certified by the Department under either the current or Medical Assistance-related standards. It is not known how many of the 73 currently certified programs, about half of which are county-operated, will choose to be certified under the Medical Assistance-related standards, but it is likely that most of those that are county-operated will choose that option. Costs to the Department of certifying programs under those standards will not increase. Increased Medical Assistance expenditures for this new covered service added by the creation of ss. 49.45 (41) and 49.46 (2) (b) 15, Stats., by 1995 Wis. Act 27, were taken into consideration during legislative deliberations.

Initial Regulatory Flexibility Analysis

These revised rules for certification of mental health emergency service programs apply to the Department, to county departments of human services under s. 46.23, Stats., or community programs under s. 51.42 Stats., that request certification or are certified to operate an emergency mental health services program and to county-contracted private service providers that request certification or are certified to operate an emergency mental health services program on behalf of the county. The rules will not directly affect small businesses as defined in s. 227.114 (1) (a), Stats.

Under s. 51.42 (1) (b), Stats., a county is made responsible for ensuring that individuals in the county who need emergency mental health services receive those services promptly. To receive state community aids funding for this purpose, a county may operate its own emergency services program or contract with a hospital or other private organization for operation of an emergency service program, but in any case the program must be certified by the Department under these rules. About 25 of the 73 currently certified programs are operated by hospitals for counties.

The revised rules permit a county to operate or contract for the operation of an emergency mental health services program that either meets a basic set of certification standards, which are the current standards modestly updated, or meets new, alternative standards that are more stringent but qualify the service provider for reimbursement under the Medical Assistance (Medicaid) program.

Health & Social Services
(Economic Support,
Chs. HSS 200--)

Notice is hereby given that pursuant to s.49.193(3m)(b) and (e), and (9m)(b)2. and 3. and (c)1.a., Stats., as created by 1995 Wis. Act 12, and s.49.50(2), Stats., the Department of Health and Social Services will hold a public hearing to consider the amendment of ss.HSS 201.03(11m), (12) and (15), 201.14(3)(f), 201.19(1)(a), (g) and (h), 206.09(3)(intro.) and 206.10(1), and the creation of ss.HSS 201.045, 201.19(2m), 206.03(6m) and (25m), 206.065 and 206.09(3m) and (4m), relating to participation of Aid to Families with Dependent Children (AFDC) applicants and recipients in the Pay for Performance Demonstration Project, and emergency rules now in effect on the same subject.

Hearing Information

April 16, 1996   Room 751

Tuesday   State Office Building

Beginning at 10 a.m.   1 W. Wilson Street

  Madison, WI

The hearing site is fully accessible to people with disabilities. Take a center elevator to reach Room 751.

Analysis Prepared by the Department of Health and Social Services

Under s. 49.19, Stats., families inquiring about the Aid to Families with Dependent Children (AFDC) program are immediately encouraged to apply for assistance without exploring possible alternatives to welfare. Once determined eligible, many families come to consider the AFDC program a program of long-term financial support, sometimes spanning generations. Yet AFDC was originally meant to be a temporary, emergency program.

Wisconsin has obtained approval from the Food and Consumer Service of the U.S. Department of Agriculture and from the Administration for Children and Families of the U.S. Department of Health and Human Services to conduct a Pay for Performance (PFP) demonstration project. The project began March 1, 1996 on the basis of emergency rules that were published and effective on that date. The major objective of the Pay for Performance demonstration project is to focus on freedom from public assistance by encouraging immediate attachment to the work force and helping families explore alternatives to AFDC before becoming dependent on AFDC. The demonstration project is being conducted statewide except in Dane, Dodge, Jefferson and Waukesha counties. In those counties individuals may be assigned to a control group which will be exempt from the demonstration project requirements to permit evaluation of the demonstration project. Statutory authority for the Department to operate two related demonstration projects, Self-Sufficiency First and Pay for Performance, was included in 1995 Wis. Act 12. Under the federal government's terms and conditions of approval for the demonstration project, the Department is now calling the combined project Pay for Performance.

Under the emergency rules and the proposed permanent rules that will replace the emergency rules, the Pay for Performance demonstration project has two components.

The first component encourages alternatives to AFDC through services of a financial planning resource specialist (FPRS) and up-front job search. This component is directed at helping applicants identify alternatives to AFDC, facilitating immediate orientation and referral to the Job Opportunities and Basic Skills (JOBS) program and requiring job search before receiving AFDC. Cooperation is made an AFDC eligibility requirement. An individual who fails without good cause to cooperate with these requirements will be ineligible to receive AFDC benefits for himself or herself and his or her family.

For an individual who becomes an AFDC recipient after fulfilling the applicant job search requirements, there is a second component of the Pay for Performance demonstration project. This requires the JOBS case manager to design an employability plan for the recipient that focuses on employment at the earliest opportunity and requires the recipient to participate in a set number of hours of participation in JOBS program activities or work to maintain AFDC eligibility. Failure, without good cause, to maintain participation as assigned will result in sanctions in the next possible month based on the number of hours missed without good cause multiplied by the federal minimum wage. Failure to participate in at least 25% of the assigned hours will result in no AFDC benefits being paid for that month and a reduction to $10 in food stamp benefits.

Contact Person

To find out more about the hearing or to request a copy of the rules, write or phone:

Sue Larsen, [phone] or,

if you are hearing impaired, [phone] (TDD)

Division of Economic Support

P.O. Box 7935

Madison, WI 53707

If you are hearing- or visually-impaired, do not speak English, or have other personal 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 Sue Larsen 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 Dianne Reynolds at the above address no later than April 23, 1996 will receive the same consideration as testimony presented at the hearing.

Fiscal Estimate

All costs to the Department and local governments for operation of the Pay for Performance demonstration project were included in 1995 Wis. Act 12. There are no additional costs for state government or local governments from promulgation of these rules.

Initial Regulatory Flexibility Analysis