The public hearing will be held:
May 1, 2000 Room 2B
Monday 801 West Badger Rd.
at 9:00 a.m. Madison, WI
Written Comments
The public record on this proposed rule-making will be held open until 4:30 p.m. on Friday, May 5, 2000 to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Mary Hensen, Department of Employe Trust Funds, 801 West Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.
Analysis Prepared by the Wis. Dept. of Employe Trust Funds
Statutory authority for rule: s. 40.03 (1) (m) and (2) (i)
Currently, s. ETF 10.60 (2) states “The secretary may, for specified employers or types of coverage, provide for summary reporting on a monthly basis to accompany the monthly remittance required in sub. (1) (b), and detailed reporting on a quarterly, semiannual, or annual basis."
The above rule does not spell out the manner in which employers should report their annual employe detail to the Wisconsin Retirement System (WRS). Currently, many large employers participating in the WRS continue to report annual detail transactions on paper. This is an inefficient use of time and due to keying errors, can result in participant account errors, which must be corrected at a later date.
This requirement for electronic reporting is similar to that of the Internal Revenue Service (IRS), which requires employers having more than 250 employes to report earnings information on an electronic basis.
General summary of rule.
The rule requires employers with 250 or more employes to submit WRS detailed annual earnings reports electronically.
Text of Rule
SECTION 1. Section ETF 10.60 (2) is created to read:
ETF 10.60 (2) Every employer which employs 250 or more employes shall submit the detailed annual earnings report required in the administration of subch. II of ch. 40, Stats., in an electronic format designated by the department.
SECTION 2. Section ETF 10.60 (2) is renumbered to s. ETF 10.60 (3).
SECTION 3. Section ETF 10.60 (3) is renumbered to s. ETF 10.60 (4).
Fiscal Estimate
The Department estimates that there will be no direct fiscal impact from this proposed rule upon the state or sewerage districts. The Department anticipates some effect upon the fiscal liabilities or revenues of certain counties, cities, villages, towns, school districts, vocational, technical and adult education school districts. The Department is aware that there are between 35 and 40 employers out of 241 employers with 250 or more employes that may possibly have a fiscal impact as a result of this rule.
Initial Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Copies of Rule and Contact Information
Copies of this rule are available without cost by making a request to the Department of Employe Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, Wisconsin 53707-7931, telephone (608) 267-2929. For questions about this proposed rule, please call Mary Hensen, Program & Policy Analyst, (608) 266-8411.
Notice of Hearings
Health & Family Services
(Management & Technology,
Strategic Finance, Chs. HFS 1-)
Notice is hereby given that, pursuant to ss. 46.286 (4) to (7), 46.288 (1) to (3), 50.02 (2) (d) and 50.36 (2) (c), Stats., as created by 1999 Wis. Act 9, and ss. 227.11 (2) (a) and 227.24 (4), Stats., the Department of Health and Family Services will hold public hearings to consider the amendment of ss. HFS 68.04 (1) and 105.47 (1), and the creation of ch. HFS 10, ss. HFS 82.06 (2m), 83.06 (7), 88.06 (1) (a) 4. and (4), 89.29 (1m), 89.295, 105.47 (3), 107.28 (1) (c), 124.255, 132.52 (7), and 134.52 (5), relating to the Family Care benefit for long-term care, and emergency rules published on February 1, 2000 on the same subject.
Hearing Information
April 25, 2000 Jackson Co. Dept. of Health
Tuesday and Human Services
1:00 p.m. 420 Highway 54 West
Black River Falls, WI
April 27, 2000 Liberty Hall
Thursday 800 Eisenhower Drive
10:00 a.m. Kimberly, WI
May 2, 2000 Washington park Senior Center
Tuesday 4420 W. Vliet Street
10:00 a.m. Milwaukee, WI
May 4, 2000 The Pointe
Thursday 8269 S. Highway 51
1:00 p.m. Minocqua, WI
May 8, 2000 WI Dept. of Health & Family
Monday Service Bldg., Room 751
10:00 a.m. 1 W. Wilson Street
Madison, WI
The hearing sites are fully accessible to people with disabilities.
Analysis Prepared by the Department of Health and Family Services
Legislation establishing a flexible Family Care benefit to help arrange or finance long-term care services to older people and adults with physical or developmental disabilities was enacted as part of 1999 Wis. Act 9. The benefit is an entitlement for those who meet established criteria. It may be accessed only through enrollment in Care Management Organizations (CMOs) that meet requirements specified in the legislation.
The Act also authorizes the Department of Health and Family Services to contract with Aging and Disability Resource Centers to provide broad information and assistance services, long-term care counseling, determinations of functional and financial eligibility for the Family Care benefit, assistance in enrolling in a Care Management Organization if the person chooses to do so, and eligibility determination for certain other benefits, including Medicaid, and other services.
Until July 1, 2001, the Department of Health and Family Services is authorized to contract with CMOs and Resource Centers in pilot counties to serve up to 29% of the state's eligible population. Further expansion is possible only with the explicit authorization of the Governor and the Legislature.
When Aging and Disability Resource Centers become available in a county, the legislation requires nursing homes, community–based residential facilities, adult family homes and residential care apartment complexes to provide certain information to prospective residents and to refer them to the Resource Center. Penalties are provided for non-compliance.
These proposed rules interpret this new legislation, the main body of which is in newly enacted ss. 46.2805 to 46.2895, Stats. The Department of Health and Family Services is specifically directed to promulgate rules by ss. 46.286 (4) to (7), 46.288 (1) to (3), 50.02 (2) (d) and 50.36 (2) (c), Stats. Related rules, also in the rulemaking order and within the Department's authority, clarify and implement other provisions of the Family Care legislation. The rules address the following:
•
Contracting procedures and performance standards for Aging and Disability Resource Centers.
•
Application procedures and eligibility and entitlement criteria for the Family Care benefit.
•
Description of the Family Care benefit that provides a wide range of long-term care services.
•
Certification and contracting procedures for Care Management Organizations.
•
Certification and performance standards and operational requirements for CMOs.
•
Protection of client rights, including notification and due process requirements, complaint, grievance, Department review, and fair hearing processes.
•
Recovery of incorrectly and correctly paid benefits.
•
Requirements of hospitals, long-term care facilities and Resource Centers related to referral and counseling about long-term care options.
Contact Person and Availability of Emergency and Proposed Permanent Rules
The hearing agenda, emergency rules and proposed permanent rules are all available through the Department's web site at:
http://www.
d
hfs.state.wi.us/LTCare/index.htm.
To find out more about the hearing or to request a written copy of the emergency or proposed permanent rules, write, phone or e-mail:
Bonnie Niemann
Office of Strategic Finance
P.O. Box 7850
Madison, Wisconsin 53707-7850
Telephone: 608-266-3816
or, if you are hearing impaired, 608-266-3683 (TTY)
Fax: 608-267-0358
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at a 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 shown above. Persons requesting a non-English or sign language interpreter should contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments received by mail, fax or e-mail at an above address no later than 5:00 p.m., May 12, 2000, will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
This order creates rules that specify how the family care benefit, established under ss. 46.2805 to 46.2895, as created by 1999 Wis. Act 9, will be implemented.
These rules provide specificity relating to eligibility and entitlement for the family care benefit, application for the benefit, cost sharing requirements, standards for aging and disability resource centers and for care management organizations, protections of the rights of family care applicants and enrollees, recovery of correctly and incorrectly paid family care benefits, and requirements for hospitals, nursing homes, community-based residential facilities, residential care apartment complexes, and adult family homes to provide information to certain patients, residents and prospective residents and to refer them to aging and disability resource centers.
These rules will not affect the expenditures or revenues of state governmental or local governments. These rules add specificity to the statutory requirements enacted by the Legislature and do not create new requirements that would affect expenditures or revenues. All costs of implementing the family care benefit were taken into consideration by the Legislature during development of the 99-01 biennial budget.
