• Expands details on potential enforcement actions in response to EPA's requirement for flexible and effective enforcement actions.
• Adds a requirement for reporting information about lead management activities to the Department to allow the Department to conduct targeted enforcement.
In addition to the changes specifically required by EPA before the State may apply to EPA for approval of its program, the revised rules establish a new discipline called worker-homeowner to meet the needs of homeowners who EPA requires be certified in order to conduct abatement in their own homes when a child has an elevated blood lead level. This special certification category allows the Department to establish minimum training and work practice requirements that will encourage more homeowners with lead poisoned children to permanently abate the lead hazards in their homes than is likely to occur when certified companies must be hired.
Public comment was sought in the development of the rule revisions. On September 5, 1997, the Department published notice in the Wisconsin State Journal of its intent to seek EPA authorization. The notice outlined the major changes needed to bring the state program into compliance with EPA approval criteria. In addition the public was invited to submit comments or request a hearing. No comments were received in response to this notice.
The work practice standards under s. HFS 163.14 were reviewed and approved by a technical advisory committee appointed by the Department in accordance with ss. 254.167, 254.172 and 254.174, Stats.
Publication Date:
August 29, 1998
Effective Date:
August 29, 1998
Expiration Date:
January 25, 1999
Hearing Dates:
November 30, December 1, 7 & 9, 1998
2. Rules adopted amending ss. HFS 119.07 (6) (b) and 119.15, relating to the Health Insurance Risk-Sharing Plan.
Exemption From Finding of Emergency
Section 149.143 (4), Stats., as affected by 1997 Wisconsin Act 27, permits the Department to promulgate rules required under s. 149.143(2) and (3), Stats., as affected by Act 27, by using emergency rulemaking procedures except that the Department is specifically exempted from the requirement under s. 227.24(1) and (3), Stats., that it make a finding of emergency. These are the rules. Department staff consulted with the HIRSP Board of Governors on December 11, 1998 on the proposed rules, as required by s. 149.20, Stats.
Analysis Prepared by the Department of Health and Family Services
The State of Wisconsin in 1981 established a Health Insurance Risk-Sharing Plan (HIRSP) for the purpose of making health insurance coverage available to medically uninsured residents of the state. One type of coverage provided by HIRSP is supplemental coverage for persons eligible for Medicare. This coverage is called Plan 2. Medicare (Plan 2) has a $500 deductible. Approximately 17% of the 7,123 HIRSP policies in effect on October 31, 1998 were of the Plan 2 type.
The Department through this rulemaking order is amending ch. HFS 119 in order to update HIRSP Plan 2 premium rates by just over 10% in accordance with the authority and requirements set out in s. 149.143 (3) (a), Stats. The Department is required to set premium rates by rule and the rates must be calculated in accordance with generally accepted actuarial principles.
The Department through this order is also adjusting the total HIRSP insurer assessments and provider payment rates in accordance with the authority and requirements set Out in s. 149.143 (2)(a)3. and 4., Stats., as affected by Act 27.
Publication Date:
December 31, 1998
Effective Date:
January 1, 1999
Expiration Date:
May 31, 1999
3. Rules adopted creating ch. HFS 114, relating to neonatal intensive care unit training grants.
Exemption From Finding of Emergency
The Legislature in s. 9122 (3tz) of 1997 Wisconsin Act 237 directed the Department to promulgate rules required under s. 9122 (3ty) of 1997 Wisconsin Act 237 by using emergency rulemaking procedures but exempted the Department from the requirement under s. 227.24 (1) and (3), Stats., to make a finding of emergency. These are the rules.
Analysis Prepared by the Department of Health and Family Services
Section 9122 (3ty) (b) of 1997 Wisconsin Act 237 directs the Department to distribute up to $170,000 each year in state fiscal years 1999 and 2000 to provide up to 10 grants to public or private hospitals to pay for specialized training and on-site consultation and support of medical personnel of neonatal intensive care units in the principles and practice of developmentally supportive and family-centered care for high-risk infants and their families. Section 9122 (3ty) (c) of Act 237 directs the Department to promulgate rules that establish criteria and procedures for awarding grants. The rules are to define “specialized training and on-site consultation and support,” which must include a minimum of 40 hours of formal training and 160 hours of practice work.
This order creates ch. HFS 114 relating to distribution of grants to applicant public or private hospitals' neonatal intensive care units to pay for training of staff in the principles and practice of developmentally supportive and family-centered care. The rules include a process by which hospitals may apply for training funds, requirements relating to the training and requirements relating to training center record-keeping and reporting.
Publication Date:
January 21, 1999
Effective Date:
January 21, 1999
Expiration Date:
June 20, 1999
EMERGENCY RULES NOW IN EFFECT (2)
Insurance
1. Rule adopted amending s. Ins 2.80 (2) (intro.) and (a), relating to delaying effective date for NAIC valuation of life insurance policies model regulation, (“XXX”), from January 1, 1999 to July 1, 1999.
Finding of Emergency
Statutory authority: ss. 601.41 (3), 227.24
Statute interpreted: none
The Commissioner of Insurance finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
On December 16, 1997 the Commissioner created Ins 2.80, Wis. Adm. Code in order to adopt the 1995 National Association of Insurance Commissioners (“NAIC”) valuation of life insurance policies model regulation, or “XXX”. This new rule concerning requirements for determining the valuation of reserve liabilities for life insurance policies is currently to take effect on January 1, 1999. Recently the NAIC agreed to consider a revised model regulation and the NAIC is expected to formally approve such a model early in 1999. Wisconsin is the only state that has set January 1, 1999 as an effective date for the 1995 model regulation. This emergency order is necessary to allow time to consider implementation of the revised model regulation once it is adopted by the NAIC.
Publication Date:
December 23, 1998
Effective Date:
January 1, 1999
Expiration Date:
May 31, 1999
Hearing Date:
March 12, 1999
[See Notice this Register]
2. Rules adopted amending s. Ins 3.39 (34)(b)1. and 2., 3.b., and 6., relating to guarantee issue eligibility for Medicare Supplement insurance.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
These changes clarify the persons eligible who have the right to have policies guaranteed issued. The changes track the recent revisions in the NAIC (National Association of Insurance commissioners) model Medicare Supplement regulations. In order to provide more certainty and provide guarantee issue to the appropriate persons in Wisconsin, it is necessary that the change be put into effect as soon as possible. In addition, other permanent changes to the Medicare Supplement requirements are effective February 1, 1999 and this change effective the same date will allow insurers to modify their policies one time rather than two.
Publication Date:
January 28, 1999
Effective Date:
February 1, 1999
Expiration Date:
July 1, 1999
Hearing Date:
March 3, 1999
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT (4)
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
1. A rule was adopted revising s. NR 45.10 (3) and (4), relating to reservations on state parks, forests and other public lands and waters under the Department's jurisdiction.
Exemption From Finding of Emergency
1997 Wis. Act 27, section 9137 (1) authorizes the department to promulgate these rules without a finding of emergency under s. 227.24, Stats.
Summary of Rules:
1. Creates a process for accepting telephone reservations for department camp sites.
2. Establishes time frame for making reservations.
Publication Date:
December 15, 1997
Effective Date:
April 1, 1998
Expiration Date:
April 1, 1999
Hearing Date:
January 12, 1998
2. Rules adopted revising chs. NR 10 and 11, relating to deer hunting in Deer Management Unit 67A.
Finding of Emergency
The emergency rule procedure, pursuant to s. 227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. Deer are causing significant crop damage concerns in this Unit. It is highly unlikely that the regular 1998 gun deer seasons will achieve the prescribed harvest of antlerless deer.
Publication Date:
June 24, 1998
Effective Date:
October 1, 1998
Expiration Date:
February 28, 1999
3. Rules adopted revising s. NR 20.03 (1)(k), relating to sport fishing for yellow perch in Sauk Creek, Ozaukee County.
Finding of Emergency
The Department of Natural Resources finds that an emergency exists and the foregoing rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is as follows:
The yellow perch population in Lake Michigan is in a state of decline. Harvests of yellow perch must be limited immediately in order to maximize the probability of good reproduction in the future. Lake Michigan yellow perch are attracted by the electric power plant thermal discharge into Sauk creek, an Ozaukee county tributary of Lake Michigan. The sport fishing harvest limits proposed here remove an opportunity for high sport harvests of yellow perch at one location where current regulations do not afford adequate protection for yellow perch. Accordingly, it is necessary to restrict the harvest of yellow perch from Sauk creek by establishing an open season and daily bag limit that coincide with Lake Michigan's.
Publication Date:
June 27, 1998
Effective Date:
June 27, 1998
Expiration Date:
November 24, 1998
Hearing Date:
July 24, 1998
Extension Through:
January 22, 1999
4. Rules adopted revising s. NR 10.01 (1), relating to the 1998 migratory game bird season.
Finding of Emergency
The emergency rule procedure, pursuant to s. 227.24, Stats., is necessary and justified in establishing rules to protect the public welfare. The federal government and state legislature have delegated to the appropriate agencies rule—making authority to control the hunting of migratory birds. The State of Wisconsin must comply with federal regulations in in the establishment of migratory bird hunting seasons and conditions. Federal regulations are not made available to this state until mid-August of each year. This order is designed to bring the state hunting regulations into conformity with the federal regulations. Normal rulemaking procedures will not allow the establishment of these changes by September 1. Failure to modi. our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Publication Date:
September 15, 1998
Effective Date:
September 15, 1998
Expiration Date:
February 12, 1999
Hearing Date:
October 15, 1998
EMERGENCY RULES NOW IN EFFECT (3)
Public Instruction
1. Rules adopted revising ch. PI 35, relating to the Milwaukee parental school choice program.
Finding of Emergency
