Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Professional Geologists, Hydrologists and Soil Scientists Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Professional Geologists, Hydrologists and Soil Scientists in ss. 15.08 (5) (b), 15.405 (2m) and 227.11 (2), Stats., and interpreting s. 470.03, Stats., the Examining Board of Professional Geologists, Hydrologists and Soil Scientists will hold a public hearing at the time and place indicated below to consider an order to create s. GHSS 1.07, relating to a rules committee.
Hearing Date, Time and Location
Date: December 12, 2000
Time: 9:45 A.M.
Location: 1400 East Washington Avenue
Room 180
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 13, 2000 to be included in the record of rule-making proceedings.
Analysis prepared by the Dept. of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b), 15.405 (2m) and 227.11 (2)
Statute interpreted: s. 470.03
Current rules for the Examining Board of Professional Geologists, Hydrologists and Soil Scientists do not permit the formation of a rules committee to act for the board in rule-making proceedings. The objective of the rule is to authorize the board to form a rules committee. The board may currently approve and adopt rules proposed by any section of the board. A rules committee would better enable the board to develop and refine rules proposed by the sections or the board. This would meet the objective of standardizing the rules development process between the sections of the board and provide for greater efficiency.
The proposed rule would consist of two sections. The first section would permit the board to approve and adopt rules proposed by any section of the board. The second section would define the composition of a rules committee and provide that the rules committee shall act for the board in rule-making proceedings except for final rule adoption.
Text of Rule
SECTION 1. GHSS 1.07 is created to read:
GHSS 1.07 Rule-making. (1)
Procedure. The board may approve and adopt rules proposed by any section of the board.
(2) Rules committee. (a) The rules committee is comprised of one professional member from each section and 2 public members. The board chair shall appoint the 2 public members from any of the 3 sections of the board.
(b) The rules committee shall act for the board in rule-making proceedings except for final approval as specified in sub. (1).
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearings
Health and Family Services
(Community Services, Chs. HFS 30—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 51.42 (7) (b), 51.421 (3) (a) and 227.11 (2) (a), Stats., the Department of Health and Family Services will hold public hearings to consider the proposed creation of ch. HFS 36, relating to standards for Community-Based Psychosocial Services for persons with mental illness and children with emotional disturbance.
Hearing Information
The public hearings will be held:
Date & Time
|
Location
|
December 11, 2000
Monday
10:00 AM to 2:00 PM
|
Room 120
State Office Building
141 NW Barstow Street
Waukesha, WI
|
December 12, 2000
Tuesday
10:30 AM to 2:30 PM
|
Room 123
State Office Building
610 Gibson Street
Eau Claire, WI
|
December 15, 2000
Friday
10:30 AM to 2:30 PM
|
Room 152A
State Office Building
200 N. Jefferson Street
Green Bay, WI
|
The hearings are accessible to people with disabilities.
Analysis prepared by the Dept. of Health and Family Services
The Department of Health and Family Services is holding public hearings to solicit public comment on proposed administrative rules establishing standards for the certification of programs to provide community-based psychosocial services for persons with mental disorders.
Section 49.45 (30e) (b), Stats., as created by 1997 Wisconsin Act 27, directs the Department to promulgate rules for community-based psychosocial service for the purpose of allowing a qualified service provider to be reimbursed through the Wisconsin Medical Assistance Program for psychosocial services provided to Medical Assistance recipients. These rules establish standards for determining program eligibility, identify the services that may be provided, and specify requirements for program certification. Section 49.46 (2) (b) 6. Lm., Stats., as created by 1997 Wisconsin Act 27, added psychosocial services provided by staff of a community-based psychosocial service to the list of covered benefits under the Wisconsin Medical Assistance Program.
Section 51.42 (7) (b), Stats., authorizes the Department to promulgate administrative rules necessary to administer mental health programs. Currently, no rules establish individuals' eligibility for psychosocial service benefits, nor specify the type, quantity and quality of psychosocial services. The specification of standards, structures and requirements for the Department to certify mental health programs is a responsibility of the Department. Therefore, the Department proposes these rules to permit Medical Assistance funding for psychosocial services as specified in s. 49.45 (30e) (b), Stats.
Contact Person
To find out more about the hearing or to request a copy of the rules, write, phone or e-mail:
Jan Devore
Bureau of Community Mental Health
P.O. Box 7851
Madison, WI 53704-7851
(608) 266-3249 or,
If you are hearing impaired, call (608) 267-9400 (TDD)
If you are hearing or visually impaired, do not speak English, or have circumstances which might make communications at a hearing difficult, therefore requiring an interpreter or a non-English large print or taped version of the hearing document, contact the Jan Devore 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 e-mail or mail at the above address no later than 4:00 p.m. on December 19, 2000 will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
This proposed order creates a new mental health program pursuant to s. 49.45 (30e) (b), Stats., as created by 1997 Wisconsin Act 27. These rules will affect counties who elect to provide the Medicaid match funding to provide services to individuals with mental health problems that require more than outpatient services and less than Community Support Program services. These individuals are now being served by counties under case management services which provides limited reimbursement from MA and with the match provided by county and state aids. Many of the case management clients require treatment and rehabilitation services that are not covered under the targeted case management provisions of MA. This change would allow counties to receive reimbursement for these services for individuals who are eligible for MA.
Counties are presently providing the funding for these services from county tax revenue and state aids. This program will allow coverage by the Medical Assistance program if the county elects to provide the matching funds. The net effect should be an increase in revenue for providing services that are presently funded locally.
The Department would not have significant additional costs as we anticipate that the program certification of these providers will be conducted in conjunction with certifying other mental health programs like community support programs.
Initial Regulatory Flexibility Analysis
These proposed administrative rules apply to county departments or agencies that contract with the county to provide comprehensive community services under this administrative code and to those that are certified to provide those services. The proposed rules do not apply to other mental health or human service programs. Consequently, the proposed rules will not have an effect on small businesses as defined under s. 227.114 (1) (a), Stats.
Notice of Hearing
Health and Family Services
(Community Services, Chs. HFS 30—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 49.77 and 49.775, Stats., and ss. 227.11 (2) (a) and 227.24 (4), Stats., the Department of Health and Family Services will hold a public hearing to consider the creation of ch. HFS 79, relating to the recovery of incorrectly paid benefits under the Wisconsin Supplemental Security Income (SSI) Program, and emergency rules published on September 15, 2000 on the same subject.
Hearing Information
The public hearing will be held:
Date & Time
|
Location
|
December 13, 2000
Wednesday
1:00 PM to 3:00 PM
|
Conference Room 950A
State Office Building
1 West Wilson Street
Madison, WI
|
The hearing site is fully accessible to people with disabilities.
Parking for people with disabilities attending the hearing is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp and 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 Dept. of Health and Family Services
Sections 49.77 and 49.775, Stats., authorize the Department to administer Supplemental Security Income (SSI) state supplemental payments to low income elderly and disabled residents of Wisconsin and their dependent children. These SSI payments are funded by state general purpose revenue and federal Temporary Assistance for Needy Families (TANF) grant funding in excess of $140,000,000 per state fiscal year. These payments are distributed monthly to approximately 100,000 beneficiaries and their dependent children. Neither s. 49.77 or 49.775, Stats., direct the Department to develop administrative rules to administer the program.
An unavoidable aspect of the program is the Department's need to periodically recover payments incorrectly made to benefit recipients. Overpayments and incorrect payments occur due to delays in transmission of eligibility and pricing information between the federal Social Security Administration and the Department and are not due to the Department's error or omission. On November 24, 1999, by order of the Wisconsin Court of Appeals, District II, the Department was found, absent administrative rule, to lack the authority to administratively recoup benefits overpaid to recipients who were ineligible for the benefits or to whom the Department paid an incorrect amount of benefits. The Department sought to appeal the decision to the Wisconsin Supreme Court, but recently learned that the Supreme Court will not hear the case. Since the Department's inability to recover payments made in error may cost the Department about $10,000 per month, the Department published an emergency rule on September 15, 2000 to recover overpayments and incorrect payments. Department is now promulgating a permanent rule and will hold a public hearing regarding both the establishment of the emergency rule and the promulgation of the permanent rule.
The emergency rule already in place and the proposed permanent rule provide the Department with the authority to recoup benefits incorrectly paid under ss. 49.77 and 49.775, Stats., and to effectively administer both state and federal public welfare funding.
Contact Person and Availability of Emergency and Proposed Permanent Rules
The hearing notice, emergency rules and proposed permanent rules are all available through the Department's web site at:
www.dhfs.state.wi.us/news/rules/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:
Kathleen Luedtke
SSI Coordinator
Division of Supportive Living
P.O. Box 7851
Madison, Wisconsin 53707
(608) 266-6890 or,
If you are hearing impaired, (608) 266-7376
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., December 20, 2000, will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
The establishment of ch. HFS 79 will not affect the expenditures of either state or local governments. Administrative costs of the Wisconsin SSI Program are funded by general purpose tax revenues and will not change due to promulgation of this rule. Revenues to the program in the form of recovery of overpayments or incorrect payments will increase, allowing the Department to effectively manage the appropriation for this program.
Initial Regulatory Flexibility Analysis
The promulgation of Ch. HFS 79 will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
(Environmental Protection - General, Chs. NR 100-)
(Environmental Protection - Water Management,
Chs. NR 300-)
NOTICE IS HEREBY GIVEN that pursuant to ss. 1.11, 23.09, 23.32, 23.321, 29.011, 281.11 and 227.11 (2) (a), Stats., interpreting ss. 23.09, 23.321, 29.011 and 281.11, Stats., the Department of Natural Resources will hold public hearings on revisions to s. NR 1.95, Wis. Adm. Code, relating to the Natural Resources Board policy on wetlands preservation, protection, restoration and management. Since the policy was created in 1978, there have been numerous changes to federal laws and programs that have impacted heavily on how we regulate and manage Wisconsin's wetlands. In addition to “housekeeping" changes to reflect these changes, the strategic direction and goals being codified in s. NR 1.95 include revisions to:
Strengthen relationships with property owners, not-for-profit conservation organizations and local governments. Develop the outreach and incentives needed to encourage private wetland stewardship. Provide the technical assistance needed for private wetland stewardship.
Manage wetlands for biodiversity, wildlife health and ecological integrity. Identify important wetlands within watersheds and develop coherent ecologically based protection and management plan for each watershed. Encourage wetland restoration and enhancement projects for both specific functions and for the full range of functions.
Simplify our regulatory approach by identifying ways to improve our current regulatory program, by developing an effective wetland enforcement program and a compensatory mitigation program. Also look at developing a comprehensive state administered wetland protection program.
