Description of policy issues:
Description of objective(s):
To bring ch. HFS 89 into conformity with two changes made in the program statute by 1997 Wis. Act 13, namely, a change in the generic name of these facilities from “assisted living facility” to “residential care apartment complex” and establishment in statute of a definition of “stove” that is different from the definition of stove currently in the rules.
Description of policies:
The policy changes are statutory. The rule changes will simply bring the rules into conformity with the revised statutes.
The effect of the change in the generic name of the facilities is to permit a facility to offer what it calls “assisted living services” and even call itself an “assisted living facility” without necessarily being subject to regulation under ch. HFS 89.
The new statutory definition of “stove,” as the term is used in the definition of “residential care apartment complex,” which was formerly the definition of “assisted living facility,” has displaced the definition of “stove” that is now in the rules. Before 1997 Wis. Act 13 went into effect in September 1997, there was no definition of “stove” in the program statute. Chapter HFS 89 defined “stove” as a cooking appliance consisting of burners and an oven, with the oven permitted to be a separate microwave oven. Section 50.01 (1d), Stats., as amended by Act 13, states that a stove is a cooking device that is either a microwave oven of at least 1,000 watts or consists of burners and an oven.
Statutory authority:
Section 50.034 (2), Stats., as amended by 1997 Wis. Act 13.
Estimated staff time and other resources needed to develop the rules:
10 hours of staff time.
Health & Family Services
Subject:
Ch. HFS 90 - Relating to the birth to 3 program.
Description of policy issues:
Description of objective(s):
Chapter HFS 90, the Department's rules for administration of the program of early intervention services for children birth to age 3 with developmental needs, needs to be revised to incorporate changes made in Part C of the Individuals with Disabilities Education Act (IDEA), 20 USC 1400, by Public Law 105-17. These changes are related to resolution of disputes between parents and county administrative agencies and the provision of services to children and their families in “natural environments”.
Changes in ch. HFS 90 will be:
1) Establishment of a state-level process for resolution of disputes between parents and county administrative agencies and
2) Improvement in the required documentation that natural environments are being used, to the maximum extent appropriate, as the locations for provision of early intervention services to children.
The federal government requires that these policy changes be in effect on July 1, 1998.
Description of policies--relevant existing policies, proposed new policies and policy alternatives considered:
Procedural Safeguards. Section HFS 90.12 (5) describes the current process for resolution of parent complaints. It provides for appointment by the county administrative agency of an impartial decisionmaker who is to offer mediation and, if accepted, to identify a mediator or to schedule and conduct a hearing on the complaint.
The rule changes will change the process. There will be a statewide system of mediation. The Department will maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of early intervention services, and will bear the cost of the mediation process. The Department will likely use the mediation system under development by the State Department of Public Instruction for mediation of special education disputes.
For hearings, the Department will likely use the impartial due process hearing procedures developed by the state Department of Public Instruction for appeals under s. 115.81, Stats. The Department will receive notice of a dispute from the county administrative agency and will make use of administrative law judges through the State Department of Administration to schedule and conduct the hearing. The county administrative agency will bear the cost of the hearing process, as it does now.
Natural Environments. The Department is required under federal law to establish policies and procedures to ensure that, to the maximum extent appropriate, early intervention services are provided in “natural environments”. Services may be provided in a setting other than a natural environment only when early intervention cannot be achieved satisfactorily in a natural environment. “Natural environment” is defined in s. HFS 90.03 (25) as a setting that is natural or normal for the child's age peers who have no disability. The Department will amend current language in ch. HFS 90 to improve the process for determining settings for early intervention services and for documenting that natural environments are being used.
Statutory authority:
Section 51.44 (5) (a), Stats.
Estimates of staff time and other resources needed to develop the rules:
Developing the rule changes--16 hours.
Health & Family Services
Subject:
SS. HFS 172.04 (1m), 175.04 (1m), 178.05 (1m), 195.04 (1m) (a), 196.04 (1m), 197.04 (1m) and 198.04 (1m) - Relating to permit fees for vending of food and beverages, bed and breakfast establishments, restaurants, hotels/motels and tourist rooming houses, campgrounds, and recreational and educational camps.
Description of policy issues:
Description of objective:
The revenue produced by permit fees provides 100% of the support for the Department's regulation and licensing program for these industries. Fee increases are needed to meet the costs of maintaining the existing program.
Description of policies - relevant existing policies, proposed new policies and policy alternatives considered:
The Department and agent local government health departments regulate campgrounds, camps, the operation of swimming pools that serve the public, restaurants, hotels and motels, tourist rooming houses, bed and breakfast establishments and food vending operations under the authority of ss. 254.47 and 254.61 to 254.88, Stats., to ensure that these facilities comply with health, sanitation and safety standards established by the Department by rule. The Department's rules are in chs. HFS 172, 175, 178, 195, 196, 197 and 198, Wis. Adm. Code. None of these facilities may operate without receiving a permit from the Department or an agent local government health department. A permit is evidence that a facility complies with the Department's rules on the date of issuance of the permit. Under the rules, a facility is charged a permit fee which provides support for the regulatory program. The Department by rule raised fees 12% effective July 1, 1994, and 10% effective July 1, 1996. The revenue from permit fees will not be sufficient to fully support the existing staff and technology improvements necessary for the program for fiscal year 1999 and beyond. Policy alternatives to increasing fees include:
a) Allow the appropriation (124) to end in deficit for SFY 99 and future years.
b) Immediately reduce costs associated with the program. (Note: personnel costs represent approximately 70% of the budget. A reduction in staffing would decrease the inspection frequency of facilities beyond the average of approximately once every 18 months.)
c) Re-structure or re-engineer the program long-term to reduce program costs. (Note: the Department has committed to working with agents and the regulated industry to make long-term improvements, including cost reduction, to the program. In addition, the Department is working with the Department of Agriculture, Trade and Consumer Protection to reduce regulatory overlap across the retail food industry. However, these efforts will not be complete in time for the upcoming licensing cycle.)
Statutory authority:
The Department's authority to amend these rules is found in ss. 254.47 (4) and 254.68, Stats.
Estimates of staff time and other resources needed to develop the rules:
One FTE for 8 hours.
Insurance
Subject:
S. Ins 4.10 - Relating to the Wisconsin insurance plan.
Description of policy issues:
A statement of the objective of the proposed rule:
The proposed revision to the existing rule is required to update the rule. A complete revision has not been done since 1981.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
The proposed revision to the rule seeks to update the rule to current terminology and operating procedures of the plan and to incorporate provisions approved by the Office of the Commissioner of Insurance, but not formally incorporated into this rule.
Statutory authority for the rule:
Section 619.01, Stats.
An estimate of the amount of time that state employes will spend to develop the rule and a description of other resources necessary to develop the rule:
40 hours.
Insurance
Subject:
S. Ins 8.07 - Relating to changes in the small group insurance market.
S. Ins 18.05 - Relating to creditable coverage for the Health Insurance Risk-Sharing Plan (HIRSP) program.
Description of policy issues:
A statement of the objective of the proposed rule:
Implement changes to existing small group market rules to comply with changes in state and federal law.
Issue new rules describing creditable coverage requirements for the Health Insurance Risk Sharing Plan as required by state and federal law.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Current requirements for small group insurance markets are described in ch. 635, Stats., and ch. Ins 8. 1997 Wis. Act 27 changed the definition of a small group, and changed underwriting restrictions to comply with the Health Insurance Portability and Accountability Act of 1996 (HI PAA). 1997 Wis. Act 27 also eliminated the basic benefit plan described in ch. Ins 8, subch. IV.
Existing individual and group market underwriting and policy renewal requirements are described in ss. Ins 3.13, 3.28, 3.31, 6.51, 6.55, and 6.67. 1997 Wis. Act 27 modified creates new portability and renewability requirements to comply with HIPAA.
Current HIRSP eligibility requirements are described in s. 619.12, Stats., and s. Ins 18.05, Wis. Adm. Code. 1997 Wis. Act 27 changed HIRSP eligibility requirements to make HIRSP an acceptable alternative mechanism under HIPAA and requires the Office of the Commissioner of Insurance to issue rules necessary to implement the changes.
A statement of the statutory authority for the rule:
1997 Wis. Act 27 and s. 601.41 (3), Stats.
An estimate of the amount of time that state employes will spend to develop the rule and a description of other resources necessary to develop the rule:
80--100 hours.
Natural Resources
Subject:
NR Code - Relating to a waiver of slow-no-wake requirement for Lake Tombeau in Walworth County.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
A public hearing will be held to determine if the request by Lake Benedict and Lake Tombeau Lake Management Districts to modify the slow-no-wake requirement is justified. If it is justified, the Department will proceed with the rulemaking process. If the request is not justified, the Department will deny the request.
The action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
Pursuant to s. NR 5.20, the Department is required to hold a public hearing to determine if a rule change is necessary in this situation.
Statutory authority:
S. 30.635, Stats.
