Register

The program is administered by counties and tribes, and by the Department in Milwaukee County, any of which may contract with a public or private agency to administer all or part of the program.

These are the rules. They will not affect the expenditures or revenues of state government or local governments. The total costs of the monthly payments and the costs of program administration were taken into consideration by the Legislature when the program was authorized. The state pays the costs of the monthly payments, reimbursing counties, tribes and the Department under a sum certain appropriation. The costs of program administration are also borne by state government.

Initial Regulatory Flexibility Analysis

These rules will not directly affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. The rules apply to the persons applying for kinship care benefits, to relatives who are receiving those benefits on behalf of children residing with them, to county departments and tribal child welfare agencies administering the kinship care program, to the department as it administers the kinship care program in Milwaukee County and to other agencies under contract with the department, a county department or a tribal child welfare agency for the purpose of administering the kinship care program.

Notice of Hearings

Health and Family Services

(Health, Chs. 110-)

[CR 00-151]

NOTICE IS HEREBY GIVEN that pursuant to ss. 50.49 (2) and 227.11 (2) (a), Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed amendment of ss. HFS 133.06 (4) (d) 1., 133.10 (1) and 133.20 (4); repeal and recreation of s. HFS 133.02 (6g), 133.03 (3) (h) (Note), 133.03 (4) (b), 133.09 (3); and creation of ss. HFS 133.02 (6m), 133.02 (8g), 133.02 (8g) (Note), 133.03 (4) (d), and 133.14 (6), relating to home health licensure.

Hearing Information

The public hearings will be held:

Date & Time	Location
November 28, 2000 Tuesday 9:00 a.m. to 12:00 p.m.	Room 45 819 N. 6th Street Milwaukee, WI
November 29, 2000 Wednesday 9:00 a.m. to 12:00 p.m.	Room 950A 1 W. Wilson Street Madison, WI
November 30, 2000 Thursday 9:00 a.m. to 12:00 p.m.	Falls Room Park Inn Hotel 2001 North Mountain Road Wausau, WI

The hearing sites are fully accessible to people with disabilities.

Analysis prepared by the Dept. of Health and Family Services

The Department's rules for licensing home health agencies are in ch. HFS 133, Wis. Adm. Code. The rules were originally issued in June 1984 and were substantially revised in November 1985. Through this rulemaking order, the Department is proposing to change the basis for calculating license fees, incorporate policies already in place due to statewide variances and bureau memos, and define procedures for discharge and rights of patients upon discharge and update license requirements.

Specifically, the home health agency licensing rules are being revised to:

1. Change the basis for the Department's program funding from annual net income to patient fee revenue in accordance with 1999 Wis. Act 9 amending s. 50.49 (2) (b). The change is expected to increase license fees for some home health agencies, decrease license fees for other agencies, and, combined, generate additional program program revenue for the Department to be used in regulating home health agencies.

2. Incorporate existing policy interpretations from bureau memos and statewide variances into the rule. The memos include BQC-94-046, BQC-94-071 and DSL-BQA-99-028.

3. Create and define the home health agency's role and consumer's rights related to discharge.

4. Update the rule with a license requirement that specifies the home health agency's need to serve a minimum number of skilled care patients in order to be eligible for initial Medicare certification.

Contact Person

To find out more about the hearing or to request a copy of the proposed rules, write, phone or e-mail:

Julie Hagen
Bureau of Quality Assurance
P.O. Box 2969
Madison, WI 53701-2969
[phone] or,
if you are hearing impaired, [phone] (TTY)
[e-mail]

If you are hearing or visually impaired, do not speak English, or have circumstances that 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 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 or e-mail at an above address no later than 5:00pm, December 8, 2000, will be given the same consideration as testimony presented at a hearing.

Fiscal Estimate

The amendments to ch. HFS 133 will affect the revenue of state government. The proposed change for determining license fees will maintain fees within the current $500 to $2,500 range, but the proposed method for calculating the license fee is a more equitable way to distribute the cost of supporting the regulatory activities of the Department. Based on 1998 data, the proposed rules would have the effect of increasing the licensure fee for 54 home health agencies to $2,500. Conversely, the proposed rules would decrease the license fees of 12 home health agencies. The proposed method for calculating the license fee will make the license fee commensurate with the home health agency's revenues.

Initial Regulatory Flexibility Analysis

The revision of ch. HFS 133 will affect home health agencies. Based on 1998 reporting of gross revenue, 156 of 172 home health agencies met the definition of small business under s. 227.114 (1) (a), Stats.

The proposed revisions to ch. HFS 133 clarify the home health agency responsibilities regarding patient discharge. Specifically, a home health agency will be required to give written notice to patients or their legal representatives prior to or at the time of discharge, have a nursing professional create a summary for every patient discharge and provide that summary to the former patient and physician, if requested. These new documentation requirements are being proposed for the purpose of patient safety and reflect desirable medical practice. Therefore, the Department has not proposed specific exemptions from these requirements for agencies that are small businesses.

The Department is also proposing rule revisions regarding license fees. The proposed changes to the way the annual license fee is calculated will not require a home health agency to adopt any new reporting or bookkeeping procedures. Although many home health agencies generated less than $2.5 million defined in s. 227.114, Stats., in 1999, 71 of 172 home health agencies reported gross patient revenues of $1 million dollars or more. Many of these agencies paid the same minimum $500 license fee as agencies with significantly less gross patient revenue. Home health agencies that are “small businesses," as defined in s. 227.114, Stats., cannot be exempted from these fees without jeopardizing the Department's revenue it uses to inspect and otherwise regulate home health agencies. For this reason and the fact that an agency's size as measured by its annual revenue was already considered when setting the fee range, the Department is not proposing exemptions or alternatives for home health agencies to the proposed license fee calculation.

Notice of Hearings

Natural Resources
(Fish, Game, etc., Chs. NR 1-)

(Revised notice from 10/31/00 Wis. Adm. Register)

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.889 and 227.11, Stats., interpreting ss. 29.177, 29.181, 29.361 and 29.889, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 1, 10, 12 and 19 , Wis. Adm. Code, relating to deer hunting and the wildlife damage abatement and claims program. The following proposals would establish a new deer season framework for 2001 and beyond:

1. Create a permanent 4-day December antlerless deer season.

2. Begin the early archery season on the Saturday closest to September 15.

3. End the early archery season on the Thursday before Thanksgiving.

4. Begin the late archery season on the Monday after Thanksgiving.

5. End the late archery season on the Saturday closest to January 15.

6. Extend the muzzleloader season by 3 days.

7. Establish a one-day youth gun deer hunt the Saturday closest to October 24.

The proposed rule also establishes a statewide protocol for deer herd control seasons as follows:

1. Adds a 4-day antlerless only gun season beginning on the Thursday nearest October 22 if the season structure outlined above is not expected to bring a deer herd within 20% of the established population goal for a deer management unit.

2. Adds either an earn-a-buck or an antlerless only requirement to the season structure after 2 years of herd control seasons if the season structure outlined above is not expected to bring a deer herd within 20% of the established population goal for a deer management unit.

3. Eliminates the requirement of public meetings in the affected units and Natural Resources Board approval.

4. Expands the herd control authority from only farmland units to all deer management units.

The proposed rule adds criteria to be considered by the Department when establishing deer population goals for deer management units including:

1. Hunter success in harvesting and seeing deer and public deer viewing opportunities, hunter access to private land, and ability to keep herds in a deer management unit at goal are factors to be considered when establishing goals. These additional criteria along with the 6 current criteria in s. NR 1.15 (2) would be considered when establishing deer population goals.

2. Establishes tolerable standards of agricultural damage and requires the Department to reduce goals when damage exceeds the standards for 2 of 3 years between unit reviews, when the herd was at goal, during the review period, unless a goal reduction is not expected to alleviate intolerable levels of deer damage.

Finally, the proposed rule involves modifications to the current wildlife damage and abatement claims program that require farmers enrolled in the wildlife damage and abatement claims program in a given year who experience $1,000 or more damage in that year be automatically issued a shooting permit by January 31 the following year. They are then required to meet a harvest objective of 80% of the harvest quota by September 15 in order to qualify for benefits of the wildlife damage abatement and claims program in the following year.

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 document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:

December 4, 2000, UW Extension Ag Research Center, Highway 70E, Spooner, Monday at 7:00 p.m.

December 4, 2000, Basement Meeting Room, Best Western Royale, 5110 Main Street, Monday, Stevens Point at 7:00 p.m.

December 5, 2000, DNR Western Region Hdqrs., 1300 W. Clairemont Ave., Eau Claire, Tuesday at 7:00 p.m.

December 5, 2000, Fireside Room, University Transfer Center, Nicolet Area Tech College, County Highway G, Rhinelander, Tuesday at 7:00 p.m.

December 11, 2000, Townsend Town Hall, 16564 Elm Street, Townsend, Monday at 7:00 p.m.

December 11, 2000, Public Library, 124 W. Main Street, Sparta, Monday at 7:00 p.m.

December 12, 2000, Downstairs Meeting Room, Brown Co. Library, 515 Pine St., Green Bay, Tuesday at 7:00 p.m.

December 12, 2000, DNR Janesville Service Center, 2514 Morse Road, Janesville, Tuesday at 7:00 p.m.

December 13, 2000, Room C101, UW-Waukesha, 1500 N. University Drive, Waukesha, Wednesday at 7:00 p.m.

December 13, 2000, Public Library, 502 Main Street West, Ashland, Wednesday at 7:00 p.m.

December 14, 2000, DNR Dodgeville Service Center, 1500 N. Johns Street, Dodgeville, Thursday at 7:00 p.m.

December 14, 2000, Public Library, 32 Sheboygan Street, Fond du Lac, Thursday at 7:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request, Please call William VanderZouwen at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

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 a significant economic impact on small businesses.

Written comments on the proposed rule may be submitted to Mr. William VanderZouwen, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than December 15, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-40-00] and fiscal estimate may be obtained from Mr. VanderZouwen.

Notice of Hearing

Public Service Commission

NOTICE IS GIVEN that a hearing on a revision of s. PSC 163.04, relating to telecommunications utility price regulation, will be held beginning on December 6, 2000, at 9 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the case coordinator listed below.

Analysis prepared by the Public Service Commission of Wisconsin

Statutory Authority: ss. 196.02 (3), 196.196 (1) (c), and 227.11 Statute Interpreted: s. 196.196 (1) (c).

Section 196.196 (1) (c), Stats., provides for the use of a productivity offset mechanism in determining the amount a price-regulated company may increase or shall decrease its rates for price-regulated services. According to this section, the productivity factor offset to the change in the gross domestic product price index (GDPPI) shall be 2 percentage points. For a telecommunications utility with more than 500,000 access lines, the percentage offset shall be three percentage points. Pursuant to s. 196.196 (1) (c), Stats., the first time the productivity offset may be changed is after September 1, 2000. Section PSC 163.04 (2) (b) sets forth the factors the Commission may consider in determining any statewide changes in productivity.

According to s. 196.196 (1) (c):

No earlier than 6 years after September 1, 1994, and no more frequently than every 3 years thereafter, the commission may, following notice and an opportunity for hearing, by rule increase or decrease the gross domestic product price index percentage offset by a maximum of one percentage point in any 12-month period to reflect any statewide changes in the productivity experience of the telecommunications industry

The proposed rule interprets this to mean that the Commission may, at this time, change the productivity offset by a maximum of one percent, effective immediately and for each of the next two years. The earliest the Commission could examine these factors again would then be three years after the effective date of this rule.

The objective of the proposed rule revision in this proceeding is to make those changes to s. PSC 163.04 (2) (b) regarding the productivity offset factor deemed necessary as a result of a productivity study for the telecommunications industry in the state pursuant to s. PSC 163.04 (2) (bm). Pursuant to s. PSC 163.04 (2) (bm), each time the productivity factors are reviewed, the Commission shall provide for a productivity study for the telecommunications industry in this state. This study shall address the factors set forth in s. PSC 163.04 (2) (b) plus additional evidence relative to a utility's ability to increase productivity in the future.

Written Comments

Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until December 12, 2000, at noon (December 11, 2000, at noon, if filed by fax).

All written comments must include a reference on the filing to docket 1-AC-193. File by one mode only.

If filing by mail, courier, or hand delivery: Address as shown in the box on page 1. Industry parties should submit an original and 15 copies. Members of the general public need only file an original.

If filing by fax: Send fax comments to [phone]. Fax filing cover sheet MUST state “Official Filing," the docket number (1-AC-193), and the number of pages (limited to 20 pages for fax comments).

Text of Proposed Rules

SECTION 1. PSC 163.04(2)(b) is amended to read:

(b) According to s. 196.196(1(c), Stats., the productivity factor offset to the Ä GDPPI shall be 2 percentage points. For a telecommunications utility with more than 500,000 access lines, the percentage offset shall be 3 percentage points. Section 196.196(1)(c), Stats., sets the GDPPI percentage offset, but provides that Beginning beginning in the year 2000 and every 3 years thereafter, for the purpose of adjusting the GDPPI percentage offset , pursuant to s. 196.196(1)(c), Stats., to reflect any statewide changes in the productivity experience of the telecommunications industry, the commission may consider the following historical factors:

SECTION 2. PSC 163.04(2)(br) is created to read:

(br) Based on the most recent statewide productivity study, the productivity factor offset to the Ä GDPPI shall be:

(1) For telecommunications utilities with 500,000 or less access lines at the time of electing to be price regulated: