These are rules for operation of the BadgerCare program established under s. 49.665, Stats., pending approval of a federal government waiver of certain requirements of the Medicaid program which would permit the Department to implement BadgerCare. The federal waiver letter approving BadgerCare was received on January 22, 1999. The Department on July 1, 1999 published rules for operation of BadgerCare by emergency order. These are the replacement permanent rules.
The rules for operation of BadgerCare have been in part incorporated into 4 of the 8 chapters of rules for the Medical Assistance program and in part are the same as the rules for the Medical Assistance program. The BadgerCare-specific rules concern mainly:
  Eligibility for BadgerCare;
  The requirement for an eligible group with budgetable income over 150% of the federal poverty line to contribute toward the cost of health care coverage, and the amount of that contribution, which depends on monthly income of the group; and
  How the Department, as an alternative to providing MA coverage, can purchase family coverage offered by the employer of a member of a family eligible for BadgerCare.
Agency Procedure for Promulgation
Public hearings under ss. 227.16, 227.17 and 227.18, Stats.; approval of rules in final draft form by DHFS Secretary; and legislative standing committee review under s. 227.19, Stats.
Contact Information
Alfred Matano
Division of Health Care Financing
Telephone (608) 267-6848
Health and Family Services
Rule Submittal Date
On July 15, 1999, the Health and Family Services submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
Statutory authority:
Section 49.45 (10), Stats.
The proposed rules affect s. HFS 105.39 (4) (b) 3., relating to refresher training in cardiopulmonary resuscitation and first aid for drivers of specialized medical vehicles under the Medical Assistance program.
Reason for rules, intended effects, requirements:
This is an updating of a Medical Assistance program requirement.
Under s. HFS 105.39, a condition for certification of specialized medical vehicle (SMV) providers is that each driver of an SMV, before driving a vehicle or serving as an attendant. is to receive basic Red Cross or equivalent training in cardiopulmonary resuscitation (CPR) and first aid, and after that is to receive periodic refresher training in CPR and first aid. Before the Department published rule changes by emergency order effective July 3, 1999, s. HFS 105.39 (4) (b) 3. provided that first aid refresher training be every 2 years and CPR refresher training be annual. However, the American Heart Association's certification for CPR is now for 2 years before refresher training must be taken to maintain certification, and the American Red Cross certification for first aid is now for 3 years before refresher training must be taken to maintain certification. Once the change in the period of certification for CPR was brought to the attention of the Department and the Department, in confirming that change, learned of the change in the period of certification for first aid, the Department updated its rule by emergency order. This is the permanent rulemaking order.
Agency Procedure for Promulgation
Public hearing under ss. 227.16, 227.17 and 227.18, Stats.; approval of rules in final draft form by DHFS Secretary; and legislative standing committee review under s. 227.19. Stats.
Contact Information
Alfred Matano
Division of Health Care Financing
Telephone (608) 267-6848
Health and Family Services
Rule Submittal Date
On July 14, 1999, the Health and Family Services submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
Statutory authority:
Section 149.143 (2) (a) 2., 3. and 4. and (3), Stats.
The proposed rules affect ss. HFS 119.07 (6) and 119.15, relating to operation of the Health Insurance Risk-Sharing Plan (HIRSP).
Reason for rules, intended effects, requirements:
This order updates premium rates for HIRSP policies for the Plan year beginning July 1, 1999; sets total insurer assessments under HIRSP for the 6-month period July 1, 1999 through December 31, 1999, and for the 6-month period January 1, 2000 through June 30, 2000; and adjusts the provider payment rate under HIRSP for the 6-month period July 1, 1999 through December 31, 1999, and for the 6-month period January 1, 2000 through June 30, 2000. The Department is required under s. 149. 143 (2) (a) 2., 3. and 4., Stats., to set premium rates, set total insurer assessments and adjust the provider payment rate for each Plan year by rule.
Under the authority of s. 149.143 (4), Stats., the Department published the identical rules by emergency order effective July 1, 1999.
Only the Plan 2 premium rates are being raised by this order, both the unsubsidized and subsidized premium rates. The increase is about 18% overall. Plan 2 is supplemental coverage for persons eligible for Medicare. About 17% of the HIRSP policies in effect are Plan 2-type policies. The increase is to cover increased costs for treatment for individuals enrolled under Plan 2.
Agency Procedure for Promulgation
Public hearings under ss. 227.16, 227.17 and 227.18, Stats.; approval of rules in final draft form by DHFS Secretary; and legislative standing committee review under s. 227.19, Stats.
Contact Information
Randy McElhose
Division of Health Care Financing
Telephone (608) 267-7127
Natural Resources
Rule Submittal Date
On July 13, 1999, the Department of Natural Resources submitted a proposed rule (Board Order No. [DG-27-99]) to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The subject matter of the proposed rule affecting ch. NR 140 relates to groundwater standards for toluene and xylene.
Agency Procedure for Promulgation
A public hearing is required and hearings will be held on August 12, 13, 16 and 17, 1999.
Contact Information
If you have questions regarding this rule, you may contact:
Mike Lemcke
Bureau of Drinking Water and Groundwater
Telephone (608) 266-2104
Natural Resources
Rule Submittal Date
On July 13, 1999, the Department of Natural Resources submitted a proposed rule (Board Order No. [AM-30-99]) to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
The subject matter of the proposed rule affecting chs. NR 216, 300, 400, 405, 406, 408 and 411 relates to the fee refund or permit guarantee program required by s. 299.05, Stats.
Agency Procedure for Promulgation
A public hearing is required and will be held in September, 1999.
Contact Information
If you have questions regarding this rule, you may contact:
Kyle Kreigh
Bureau of Air Management
Telephone (608) 267-7689
Nursing Home Administrator Examining Board
Rule Submittal Date
On July 15, 1999, the Nursing Home Administrator Examining Board submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
Analysis
Statutory authority:
SS. 15.08 (5) (b), 227.11 (2), 456.02, 456.04 and 456.08, Stats.
The proposed rule relates to experience and reciprocity.
Agency Procedure for Promulgation
A public hearing is required and will be held on August 19, 1999 at 10:00 a.m. in Room 180 at 1400 East Washington Ave., Madison.
Contact Information
If you have questions regarding this rule, you may contact:
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