An order creating ch. HSS 182, relating to grants for prevention of lead poisoning or exposure to lead.
Effective 07-01-96.
Industry, Labor & Human Relations
(CR 95-199):
An order affecting chs. ILHR 51, 57 and 66, relating to the Uniform Multifamily Dwelling Code.
Effective 07-01-96.
Industry, Labor & Human Relations
(CR 95-231):
An order affecting chs. ILHR 41-42, relating to boilers and pressure vessels.
Effective 07-01-96.
Insurance, Office of the Commissioner of
(CR 96-10):
An order creating s. Ins 18.13 (5), relating to creating a network of providers for the Health Insurance Risk-Sharing Plan (HIRSP) who will provide services at a discount greater than that which is already mandated by statute.
Effective 07-01-96.
Insurance, Office of the Commissioner of
(CR 96-11):
An order repealing and recreating s. Ins 18.07 (5) (b) and (bg) 1 and 2, relating to 1996-97 premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Effective 07-01-96.
An order repealing s. Med 4.03 and amending s. Med 4.06, relating to expiration and renewal of temporary camp or locum tenens licenses.
Effective 07-01-96.
An order creating ch. NR 323, relating to bird nesting and similar habitat structures in navigable waters.
Effective 07-01-96.
An order creating ss. NR 116.03 (1e), (1s) and (30m), 116.12 (2m) and 116.13 (3m), relating to regulating camping in floodplain areas.
Effective 07-01-96.
An order affecting ss. NR 150.03 and 605.05 and the chs. NR 500-- series, relating to solid waste management.
Effective 07-01-96.
An order affecting the chs. NR 400 series, relating to revision of the definition of volatile organic compound (VOC), and to updating, clarification and corrective changes throughout the chs. NR 400 series.
Part effective 07-01-96.
An order affecting the chs. NR 161, 162, 163 and 165, relating to financial assistance under the Clean Water Fund program.
Effective 07-01-96.
An order creating chs. RL 80 to 86 and the Uniform Standards of Professional Appraisal Practice, relating to real estate appraisers.
Effective 07-01-96.
An order creating ch. RL 127, relating to the sale of real estate at an auction.
Effective 07-01-96.
An order amending s. Tax 12.07 (2) (b), relating to assessor certification for municipalities in Kenosha County.
Effective 07-01-96.
An order affecting ch. Trans 112, relating to medical standards for driver licensing.
Effective 07-01-96.
Final Regulatory Flexibility Analyses
SS. DE 2.03 (1) (intro.) and (2) and 5.02 (18) - Statutory renewal dates for licenses, and to provide the correct citation relating to records which must be kept by dentist for controlled substances.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
S. El Bd 6.04 - Filing documents by facsimile process.
Summary of Final Regulatory Flexibility Analysis:
The creation of this rule does not affect business.
Summary of Comments:
No comments were reported.
3.
Funeral Directors Examining Board
(CR 95-63)
Ch. FD 2 - Discrimination, sanitation and confidentiality.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. HSS 94 - The rights of persons receiving services for mental illness, a developmental disability, alcohol abuse or dependency or other drug abuse or dependency, and standards for grievance procedures.
Summary of Final Regulatory Flexibility Analysis:
These rules apply to the Department, to county departments of human services, community programs and developmental disabilities services and to privately operated clinics, agencies, residential faculties and other providers of care and treatment for persons with mental disabilities, whether or not under contract to a county department. Many of the privately operated clinics, agencies, residential facilities and other service providers are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
Section 51.61, Stats., establishes legal rights for persons receiving services for mental illness, a developmental disability, alcoholism or drug dependency. The statutes identifies each of those rights and for many of them elaborates on what they mean for care and treatment, including in some cases specifying procedures, conditions or qualifications related to protection of the rights. The Department's administrative rules, ch. HSS 94, further interpret that statute. This rulemaking order updates the rules to add new rights established by 1993 Wis. Act 445, to incorporate other changes in s. 51.61, Stats., made by Wis. Act 445, and to clarify, amend and further develop requirements on the basis of experience with the rules since they went into effect in 1987. These updating changes to not include new reporting or bookkeeping requirements, but do include requiring service providers to re-notify long-term patients of their rights and notify various parties when a patient is ready for placement in a less restrictive setting.
This rulemaking order also establishes standards of program grievance procedures. Every program subject to s. 51.61, Stats., and ch. HSS 94 must have a grievance procedure for persons receiving residential care or services. This is a current requirement of s. 51.61 (5) (a), Stats., and s. HSS 94.27. Standards for grievance procedures are required by a new s. 51.61 (5) (b), Stats. Every grievance procedure must be in compliance with those standards. They are included in outline in s. 51.61 (5) (b), Stats. However, the rules provide that the standards do not apply to individual private practitioners who deliver services through offices that are not part of a program.
No exceptions or lesser requirements could be included in the rules for service- providing organizations or agencies organized as small businesses. This is because the rules, like the statutes upon which they are based, are minimum requirements intended to help protect patients/clients who receive treatment and supportive services for mental illness, a developmental disability, alcohol abuse or dependency or drug abuse or dependency, and must apply quality to all service providers so that patients/clients will be protected from harm or will have a recourse if harmed. Moreover, patient rights are set out in detail in s. 51.61, Stats. The rules reiterate and fill in that statute, and cannot reduce statutory patient/client protections for the benefit of some service providers.
No issues were raised by small businesses at the Department's public hearings on the proposed rules.
Summary of Comments of Legislative Standing Committees:
No comments were received.
Ch. HSS 182 - Criteria for awarding lead poisoning prevention grants.
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. They apply to the Department and to local health departments and collaborating nonprofit agencies that apply for a grant or receive a grant under these rules.
Summary of Comments:
No comments were received.
6.
Industry, Labor & Human Relations
(CR 95-199)
Chs. ILHR 51, 57 and 66 - Uniform Multifamily Dwelling Code.
Summary of Final Regulatory Flexibility Analysis:
Builders and owners of multifamily dwellings constructed under these rules are expected to have lower costs for that construction due to (1) the rule's reduction of the number of municipalities that can adopt lower thresholds for requiring fire sprinkler protection or 2-hour fire resistance, (2) deletion of area limits for buildings that are smaller than the thresholds for sprinkling or 2-hour fire resistance, (3) exclusion of exterior dwelling unit areas when determining whether sprinklers or 2-hour fire resistance is required, and (4) reinstatement of the previous less restrictive existing requirements where lofts, row houses, or rescue platforms are used. Reducing the number of municipalities that can adopt the lower thresholds will also lower costs by increasing the state-side uniformity of these rules -- lack of such uniformity was cited by Governor Thompson's Wisconsin Housing Task Force in 1988 as making it more difficult and costly for developers to construct multifamily housing in different communities around the state.
The two issues raised by small businesses during the hearings were to (1) allow only municipalities with sprinkler ordinances adopted prior to January 1, 1992, to use the lower threshold in s. 101.14 (4m), Stats., for requiring sprinkler systems or 2-hour fire resistance; and (2) to reinstate the previous existing requirements for row houses. Both of these changes are now in the proposed rules.
Summary of Comments:
The rules were reviewed by the Assembly Committee on Housing and the Senate Committee on Human Resources, Labor, Tourism, and Veterans and Military Affairs. No comments were received.
