Telephone (608) 264-8801
or TTY (608) 264-8777
Written comments will be accepted until October 16, 1999.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
The rule revisions better clarify how pools and whirlpools may be installed in existing spaces with respect to obstructions and access. These changes should reduce some remodeling costs associated with indoor installations of pools and whirlpools.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
No new reporting or bookkeeping procedures are identified to comply with these revisions.
3. Types of professional skills necessary for compliance with the rules:
No new professional skills are identified to comply with these revisions.
Fiscal Estimate
No substantial changes in revenues or expenses are expected.
The rule revisions provide a clarification when the Department will waive plan submittal and fees for alteration or reconstruction, which should result in a minimal decrease in revenue, but at the same time, a reduction in staffing costs associated with the handling of submittals not requiring Department-level review and approval.
Notice of Hearing
Health and Family Services
(Health, Chs. HFS 110--)
Notice is hereby given that pursuant to ss. 150.03 and 227.24 (1) (a), Stats., the Department of Health and Family Services will hold a public hearing to consider the creation of s. HSS 122.10, emergency rules published on August 3, 1999, relating to special provisions for the one-time distribution of 3 closed nursing home beds to one or more nursing homes serving only veterans.
Hearing Information
September 15, 1999 Room B-155
Wednesday State Office Bldg.
10:30 a.m. to One West Wilson St.
12:30 p.m. MADISON, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
These rules are for the one-time distribution of 3 closed nursing home beds to a nursing home or nursing homes that serve only veterans. Following distribution of the 3 beds, the rules will be allowed to lapse.
Section 150.31, Stats., establishes a statewide bed limit for nursing homes as one means of controlling nursing home costs and Medical Assistance program expenditures. Within that bed limit a facility may close or its bed capacity may be reduced, in which case beds are freed up and may be redistributed by the Department under s. HSS 122.05 (1) (c).
The Wisconsin Veterans Home at King has 4 separately licensed nursing home buildings on its grounds, and a total licensed capacity of 718 beds. It is operating at 99.9 percent of capacity with a long waiting list for admission. Managers of the Wisconsin Veterans Home have decided to close their underutilized 3 bed hospital operation at King. The 3 hospital beds are currently located in Stordock Hall. The 3 nursing home beds will replace the hospital beds. Because of the burgeoning population of older veterans, whose active service was during World War II, the Korean War, and the Vietnam War, and the immediate pressure on admissions to the facility, and the desirability of having flexibility when moving residents, Wisconsin Veterans Home managers have asked that the space previously used for hospital beds be converted to nursing home space and that 3 closed nursing home beds be transferred to the Veterans Home. These beds could be put on line immediately and provide some relief to those awaiting admission.
This rule-making order establishes a process for considering applications for 3 closed nursing home beds to be made available to a nursing home or nursing homes that serve only veterans, that ask for no more than 3 beds and that do not require space to be added to the building in which the beds will be located to accommodate those beds.
Contact Information
To find out more about the hearing or to obtain a copy of the rules, write or phone:
Connie Miller
Resource Allocation Program
Division of Health Care Financing
P.O. Box 309
Madison, WI 53701-0309
Telephone (608) 266-0999 or,
if you are hearing impaired, (608) 266-1511 (TTY)
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 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 by U.S. mail at the above address no later than September 17, 1999 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
This rulemaking order adds a new section to the Department's rules for operation of the Resource Allocation Program (RAP) under subch. II of ch. 150, Stats., to permit the one-time distribution, upon application, of 3 closed nursing home beds to a nursing home or nursing homes that serve only veterans.
The new s. HSS 122.10 will not affect the expenditures or revenues of local governments because local governments do not administer RAP and no local government nursing home is directly affected by the new rules.
The Wisconsin Veterans Home at King, a state-operated facility, has 4 nursing homes on its grounds that are at almost 100% capacity and has a long waiting list of elderly veterans wanting to be admitted. Veterans Home managers have decided to close a 3 bed hospital unit at the Home, and would like to add 3 nursing home beds in that space. However, there is a statewide limit on nursing home beds and no process for converting hospital beds to nursing home beds. Within the statewide bed limit the Department under ch. HSS 122 rules may distribute closed nursing home beds. The criteria for distribution are set out in the rules. A special process and some different criteria are needed and are set out in this rulemaking order that will permit the distribution of 3 closed nursing home beds to a home or homes serving only veterans that already have the space for the beds.
The new rules will increase costs to the Medical Assistance (MA) program. If the 3 beds are distributed to the Wisconsin Veterans Home at which the MA part of the composite per diem cost for a bed is $59.42, the increase in state MA costs would be about $65,065 a year ($59.42 x 365 x 3). This cost would be funded $26,800 GPR and $38,300 FED. On the other hand, revenues would increase for the Veterans Home by that amount plus the difference after that amount is deducted from the composite per diem cost x 365 x 3.
Notice of Hearings
Natural Resources
(Environmental Protection--WPDES,
Chs. NR 200--)
(Environmental Protection--
Water Regulation, Chs. NR 300--)
(Environmental Protection--Air
Pollution Control, Chs. NR 400--)
Notice is hereby given that pursuant to ss. 30.28, 227.11(2), 227.116, 281.22, 283.33(8), 285.11(1), 285.61 and 299.05, Stats., interpreting ss. 30.10 to 30.205, 30.21 to 30.27, 227.16, 281.22, 283.33(9), 285.61 and 299.05, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 216, 300, 405, 406, 408 and 411, Wis. Adm. Code, relating to the fee refund or “permit guarantee" program required by s. 299.05, Stats.
Analysis
The proposed rule will require the Department to refund permit application fees if it does not take action on permit applications within specified time limits. Permit fees which will be refunded if the Department does not act on applications within specified times are:
1. Construction site storm water discharge permit application fees submitted under ch. NR 216.
2. Fees submitted for waterway and wetland permit applications under ch. NR 300.
3. Application fees for air pollution construction permits submitted under chs. NR 405, 406, 408 and 411.
Time limits are defined in “business days". The definition of business days is included in chs. NR 216, 300 and 400.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
Notice is hereby further given that the hearings will be held on:
September 28, 1999 Room 611A, GEF #2
Tuesday 101 South Webster St.
10:00 a.m. MADISON, WI
September 29, 1999 Room 149
Wednesday Marathon Co. Courthouse
11:00 a.m. 500 Forest St.
WAUSAU, WI
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bob Park at (608) 266-1054 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments
Written comments on the proposed rule may be submitted to Mr. Kyle Kreigh, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than September 30, 1999. Written comments will have the same weight and effect as oral statements presented at the hearings.
Copies of Rule
A copy of the proposed rule AM-30-99 and its fiscal estimate may be obtained from:
