Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the September 30, 2001 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(CR 01-028)
An order affecting chs. ATCP 1, 29, 30, 57, 91, 92, 98, 101, 109, 110, 111, 116, and 121, relating to minor remedial changes to department rules.
Part Effective 10-1-01
Part Effective 11-1-01
Final Regulatory Flexibility Analysis
This rule will have no effect on small businesses or local units of government.
Summary of Comments of Legislative Standing Committees
On June 12, 2001, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Labor and Agriculture and the Assembly Committee on Agriculture.
The Assembly committee took no action on the rule during the review period.
The Senate committee took no action on this rule during the review period.
Commerce
(CR 00-159)
An order affecting chs. Comm 2, 5 and 20, relating to uniform dwelling code inspection agencies.
Effective 10-1-01 and 12-1-01
Final Regulatory Flexibility Analysis
Wisconsin statutes provide for a mandatory, statewide, uniform building code for one- and 2-family dwellings. The proposed rules under Clearinghouse Rule No. 00-159 are a means to provide for uniform inspection procedures for the construction of one- and 2-family dwellings. The statutory intent is to have uniform dwelling construction standards regardless of the size of the business engaged in construction or inspection. Therefore, no differentiation is considered based on the size of the firm involved.
Summary of Comments of Legislative Standing Committees
No comments received.
Elections Board
(CR 00-153)
An order affecting ch. ElBd 2, relating to the filing of and challenges to nomination papers.
Effective 10-1-01
Final Regulatory Flexibility Analysis
This rule does not affect small businesses.
Health and Family Services
(CR 01-051)
An order affecting ch. HFS 120, relating to the collection, analysis and dissemination of health care information.
Effective 10-1-01
Final Regulatory Flexibility Analysis
The proposed rules affect hospitals, freestanding ambulatory surgery centers and physicians. Six hospitals meet the s. 227.114 (1), Stats., definition of a “small business." In addition, the Department estimates that approximately 2,400 to 2,800 physician practices that would be required to submit data under these proposed rules have fewer than 25 employees. The Department does not have data from ambulatory surgery centers that allow an estimate of which centers may be characterized as “small businesses." Many centers are located at a medical clinic or hospital.
The proposed rules add a category of data associated with emergency departments to the data already periodically submitted by hospitals. Therefore, no new reporting or bookkeeping procedures or new professional skills are required for compliance with the proposed rule.
To accommodate entities that can meet the s. 227.114 (1), Stats., definition of a “small business," the rules propose applying a less stringent standard for a physician who does not currently submit electronic claims. In addition, the rule proposes that the Department may grant an exception to the data submission requirements for a physician who submits an affidavit of financial hardship and supporting evidence demonstrating financial inability to comply with the requirements of the rules.
Section 227.114, Stats., requires agencies to consider whether any of the following methods can be employed for reducing the effect of rulemaking orders on small businesses:
Establishing less stringent compliance or reporting requirements;
Establishing less stringent schedules or deadlines for compliance or reporting requirements;
Consolidating or simplifying compliance or reporting requirements;
Establishing performance standards to replace design or operational standards required in the rule; and
Exempting small businesses from any or all requirements of the rule.
With respect to hospitals meeting the definition of “small business," the Department cannot do any of the preceding because doing so would be impractical insofar as it would negate the Department's ability to create a timely and complete set of emergency department data.
Summary of Comments of Legislative Standing Committees
No comments were received.
Health and Family Services
(CR 01-052)
An order affecting ch. HFS 110, relating to licensing of ambulance service providers and licensing of emergency medical technicians-basic and emergency medical technicians-basic IV.
Effective 10-1-01
Final Regulatory Flexibility Analysis
The rule changes will not affect small businesses as defined in s. 227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments were received.
Hearings and Appeals
(CR 01-018)
An order affecting ch. HA 2, relating to the revocation of extended supervision of persons serving a bifurcated sentence.
Effective 10-1-01
Final Regulatory Flexibility Analysis
These rules affect procedures before administrative law judges in revocation hearings and do not impact small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
Insurance
(CR 01-035)
An order affecting ch. Ins 17, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2001.
Effective 10-1-01
Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
No comments were received.
Public Service Commission
(CR 00-138)
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.