The result of this reconciliation process for calendar year 1998 indicated that insurance assessments collected were greater than the 20% of costs (net of the GPR contribution from appropriation s. 20.435(5)(af), Stats.), required of insurers. Also, the calendar year 1998 reconciliation process showed that an insufficient amount was collected from health care providers. As a result of this reconciliation, the insurer assessments for the time periods July 1, 1999 through December 31, 1999 and January 1, 2000 through June 30, 2000, are reduced to offset the overpayment in 1998. The total adjustments to the provider payment rates for the same time periods are sharply increased in order to recoup the provider contribution that was not collected in calendar year 1998. The budget for the plan year ending June 30, 2000 and the calendar year 1998 reconciliation process were approved by the HIRSP Board of Governors in April 1999.
Publication Date:
June 30, 1999
Effective Date:
July 1, 1999
Expiration Date:
November 28, 1999
Hearing Date:
September 9, 1999
2. Rules adopted creating s. HSS 122.10, relating to distribution of 3 closed nursing home beds to a nursing home that serves only veterans.
Finding of Emergency
The Department of Health and Family Services finds that an emergency exists and that the adoption of the rules is necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
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 rulemaking 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.
Publication Date:
August 3, 1999
Effective Date:
August 3, 1999
Expiration Date:
December 31, 1999
EMERGENCY RULES NOW IN EFFECT
Higher Educational Aids Board
Rules adopted amending s. HEA 11.03 (3) and creating s. HEA 11.03 (5), relating to the Minority Teacher Loan Program.
Finding of Emergency
The 1989 Wis. Act 31 created s. 39.40, Stats., which provides for loans to minority students enrolled in programs of study leading to licensure as a teacher. The Wisconsin Higher Educational Aids Board (HEAB) administers this loan program under s. 39.40 and under ch. HEA 11. Current rules require that a student be enrolled full time and show financial need to be considered for participation in the Minority Teacher Loan Program. Students who did not enroll full time and did not show financial need were allowed to participate in the program in the past when part of the program was administered by another administrative body. These students are enrolled in teacher education programs that train teachers specifically for the school districts named in the statutes that outline the intent of the Minority Teacher Loan Program. Unless the Board changes its rules, many participating students will lose their eligibility in the program. This will cause a hardship to those students who relied on the interpretation of the prior system administration. Revising the rules would allow students who participated in the program in the past to continue to participate. The proposed revision will not affect expenditures of State funds for the Minority Teacher Loan Program.
Publication Date:
August 6, 1999
Effective Date:
August 6, 1999
Expiration Date:
January 3, 2000
Hearing Date:
October 28, 1999
EMERGENCY RULES NOW IN EFFECT
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Rules adopted revising ch. NR 10, relating to the 1999 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 regulation in the establishment of migratory bird hunting seasons and conditions. General 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 federal regulations. Normal rule-making procedures will not allow the establishment of these changes by September 1. Failure to modify our rules will result in the failure to provide hunting opportunity and continuation of rules which conflict with federal regulations.
Publication Date:
September 10, 1999
Effective Date:
September 10, 1999
Expiration Date:
February 7, 2000
Hearing Date:
October 14, 1999
EMERGENCY RULES NOW IN EFFECT (2)
Natural Resources
(Environmental Protection-Water Regulation,
Chs. NR 300-)
1. Rules adopted creating ch. NR 303, relating to department determinations of navigability for farm drainage ditches.
Exemption From Finding of Emergency
The Department was directed by the JCRAR under s. 227.26 (2) (b), Stats., to promulgate emergency rules regarding navigability
Analysis Prepared by the Department of Natural Resources
Statutory authority: s. 227.26 (2)(b)
Statute interpreted: s. 30.10 (4)(c)
This order codifies present department program guidance for staff making navigability determinations for farm drainage ditches, identifying various methods and information to be relied on when making such determinations.
Publication Date:
May 1, 1999
Effective Date:
May 1, 1999
Expiration Date:
September 28, 1999
Hearing Dates:
June 16 and 17, 1999
Extension Through:
November 26, 1999
2. Rules adopted creating ch. NR 328, relating to regulation of water ski platforms and water ski jumps.
Analysis by the Department of Natural Resources
Statutory authority: ss. 30.135, 227.11 (2) (a) and 227.24
Statutes interpreted: ss. 30.66, 30.69 and 30.135
Chapter NR 328 describes the conditions where a water ski jump or platform will require a permit. It explains what constitutes a substantive written objection to a water ski jump or platform and provides a list of reasons that support a substantive written objection. It specifies the contents of a public notice and the process for making a substantive written objection. It details how the department will respond to complaints about an existing water ski jump or platform.
These rules were promulgated as emergency rules at the direction of the joint committee for review of administrative rules.
Publication Date:
July 9, 1999
Effective Date:
July 9, 1999*
Expiration Date:
December 6, 1999
*Rule suspended by Joint Committee for Review of Administrative Rules on July 5, 1999.
Statements of Scope of Proposed Rules
Commerce
(Anhydrous Ammonia, Ch. Comm 43)
Subject:
Ch. Comm 43 - Relating to anhydrous ammonia.
Description of policy issues:
Description of the objective of the rule:
The objective of the rule is to update ch. Comm 43 to current national standards.
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:
Chapter Comm 43 establishes minimum technical standards for the safe design, construction, installation, operation and maintenance of anhydrous ammonia systems. The chapter closely follows a national standard issued by the American National Standards Institute (ANSI). This rule project will update the chapter and it will evaluate adopting by reference the ANSI standard for anhydrous ammonia rather than reprinting the provisions in the Administrative Code.
The alternative of not revising the chapter would result in the Administrative Code not being up-to-date with current national standards.
Statutory authority for the rule:
The statutory authority is contained in ss. 101.02 (15) (h) to (j), 101.17 and 101.19 (1) (b), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
The Department estimates that it will take approximately 400 hours to develop this rule. This time includes forming and meeting with an advisory council, then drafting the rule and processing the rule through public hearings and legislative review. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Elections Board
Subject:
S. E1Bd 1.655 - Scope of regulated activity; identification of the source of communications paid for with money raised for political purposes and the source of other communications subject to s. 11.30, Stats.
Description of policy issues:
Description of objective(s):
To amend the Elections Board's existing rule; to add a provision that provides for identifying the source of communications that are subject to s. 11.30 (5), Stats., i.e. communications concerning support for or opposition to a candidate, political party or referendum for which source identification is requested by the person polled.
Description of policies — relevant existing policies, proposed new policies and policy alternatives considered:
Under the existing rule, communications that are not paid for by a registrant and that do not expressly advocate the election or defeat of a clearly-identified candidate may appear to be exempt from source identification, notwithstanding the provisions of s. 11.30 (5), Stats. The rule clarifies the point that the source of communications for which source identification is required by s. 11.30 (5), Stats., is still required to be provided notwithstanding any other provision of s. ElBd 1.655.
Statutory authority for the rule:
SS. 5.05 (1) (f) and 227.11 (2) (a), Stats.
Estimates of the amount of time that state employes will spend developing the rule and of other resources necessary to develop the rule:
