Staff time required
The Department anticipates taking about 18 months to develop and promulgate the ch.
HFS 57 rules. The Department estimates that approximately 2,500 hours of Department staff time will be necessary. Principal staffing will be provided by the Department's Division of Children and Family Services' (DCFS) Bureau of Regulation and Licensing (BRL) including the Bureau Director, the Child Welfare Program Specialist, the licensing supervisors and the licensing staff, with input from representatives from the Department's Office of Legal Counsel and other divisions.
The Department will form an advisory group with representation from the Department, group foster care providers and professional organizations. In addition, as the Department develops sections of the rules, the sections will be shared with representative groups of providers for review and comment and with regional and statewide forums and groups representing numerous stakeholders. These opportunities for public input would proceed and would be in addition to ch.
227 Stats., formal public hearings.
Health and Family Services
Subject
The Department proposes to repeal and recreate ch.
HFS 124, relating to standards for the construction, maintenance and operation of hospitals. The revisions will update the chapter to recognize changes in hospital service delivery and technology, reflect current federal requirements and reflect recent changes to ch.
50, Stats.
Policy analysis
Existing Department policies in ch.
HFS 124 need to be updated in a variety of areas to reflect current standards of hospital care and practice, federal regulations, recent changes to ch.
50, Stats., ch.
HFS 12, relating to caregiver background checks, forthcoming revisions to chs.
DOC 50,
51 and
52, and previously issued memos and waivers from the Department's Bureau of Quality Assurance. Through this rulemaking initiative, the Department anticipates proposing a wide variety of changes, including the following:
1. Updating definitions to reflect current use of terminology.
2. Clarifying the department's approval process and enforcement authority.
3. Updating requirements regarding discharge planning, patient rights, use of volunteers, post mortem examinations, tagging of bodies, cancer reporting, tuberculosis testing and control, medical records, pharmaceutical and clinical services, fire protection and critical access hospitals.
4. Requiring hospitals to develop and implement a Patient Safety Program.
5. Updating the construction plan review fee table to reflect current practice.
Statutory authority
Statutory authority to promulgate these rules is derived from s.
50.36 (1) and
(2) (b), Stats.
Staff time required
The Department estimates that it will take approximately 2 years and 1,280 hours of staff time to complete a draft of the rule. The extended timeframe will permit Bureau of Quality Assurance staff to develop and work with an advisory body of key external interested parties to discuss the existing ch. HFS 124 and assist with formulating the proposed new chapter of rules.
Insurance
Subject
Regarding s.
Ins 3.39 (34), Wis. Adm. Code, relating to Medicare Supplement Insurance Requirements.
Policy analysis
Objective of the rule. To implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act which was amended to comply with the Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act (BIPA). The amendments clarify guarantee issue rights. In addition, the Office will be reviewing pertinent sections of
Ins. 3.39 and potentially modifying s. Ins. 3.39, Wis. Adm. Code, as they relate to time periods for underwriting and alternative benefits within products.
The majority of s.
Ins 3.39, Wis. Adm. Code has been drafted in compliance with the NAIC Model Acts. As the federal requirements frequently change, so too must the Model Act and s.
Ins 3.39. The amendment contained within the Model Act will bring Wisconsin in compliance with current federal regulation. There are no alternatives than to comply with the federal regulation.
Statutory authority
Staff time required
A small working committee of existing staff will be needed for the modifications. The modifications will take an estimated 200 hours for rule development.
Natural Resources
Subject
Creation of ch.
NR 169 regarding a dry cleaner environmental response fund program.
Policy analysis
2001 Wis. Act 16 included significant statutory language changes that will affect the implementation of the Dry Cleaner Environmental Response Fund Program. This is a funding program for responding to, investigating and remediating contamination caused by the discharge of dry cleaning chemicals. Chapter
NR 169, the rule for implementing this program, has been in place since February, 2000. Those rules were developed with a Dry Cleaning Rulemaking Advisory Group, comprised of several members of the Governor's Council, as well as other interested parties.
These rule revisions will focus on the statutory changes, prioritization of sites, as well as improvements to the contracting portion of the program. Where possible, streamlining and simplification will be incorporated into the rule.
Statutory authority
Staff time required
The Department will need approximately 500 hours.
Natural Resources
Subject
Revision of ch.
NR 150, Environmental Analysis and Review Procedures for Department Actions.
Policy analysis
Chapter
NR 150, the Department's rule guiding implementation of the Wisconsin Environmental Policy Act (WEPA) was last comprehensively updated in 1987. Significant changes have taken place since then with respect to the Department's statutory authorities and the extent to which the Department has incorporated the elements of the environmental analysis (WEPA) process into its various resource planning, management and permit review procedures. In addition, the Department has many more years of experience to help shape its understanding of the potential environmental effects and level of public interest attendant to its resource management and regulatory activities. These changes necessitate revisions to ch.
NR 150. A primary goal of the revision process will be to further streamline the Department's procedures to eliminating duplicative and unproductive work and increasing the Department's focus on cumulative and ecosystem level environmental effects.
Statutory authority
Staff time required
The Department will need approximately 250 hours.
Natural Resources
Subject
Ch.
NR 173 regarding establishment of the brownfields green space grant program.
Policy analysis
This rule describes the requirements for a new brownfields green space grant program. The 2001-2003 biennial budget authorized the Department to award $1 million in grants that will be given to local governments to remediate sites that will have a long-term public benefit, including the preservation of green space, the development of recreational areas or the use of a property by the local government. This rule will include details about the eligibility requirements, scoring criteria, application procedures, and other administrative requirements necessary to administer this grant program.
Statutory authority
Staff time required
The Department will need approximately 750 hours.
Public Instruction
Subject
Milwaukee Parental Choice Program (MPCP).
Policy analysis
•
Modify the current rule to reflect
2001 Act 16 changes to s.
119.23, Stats., relating to the Milwaukee Parental Choice Program.
•
Modify the current rule to better ensure that participating schools are safe and make it easier for parents to participate in the program.
•
Make technical modifications to the current rule.
2001 Wis. Act 16 modified provisions under s.
119.23, Stats., relating to the Milwaukee Parental Choice Program (MPCP). To reflect the statutory changes, Chapter
PI 35, would be modified to:
•
Change the date a private school must annually submit notice of its intent to participate in the program from May 1 to February 1.
•
Reduce payments from MPCP summer school by 40%.
Other changes would be made to better ensure that participating schools are safe and make it easier for parents to participate in the program, including
•
Creating optional open application periods for participating private schools starting in the 2002-03 school year.
•
Changing the dates student applications are due at the department.
In addition, the following technical modifications would be made to Chapter
PI 35:
•
Define in rule, rather than by cross-reference to statute, “pupils enrolled" and “membership."
•
Eliminate conflicting language related to the attendance standard that schools can meet to continue participation in the program in the following school year.
•
Clarify the language related to counting students for purpose of payment under the program and the requirement to return checks received by the school students not present on the count dates.
•
Modify references to the name of the program in the rule to make it consistent with the statutory name of the program.
•
The proposed rule would create optional open application periods during which participating private schools would accept MPCP student applications. Under this policy, participating private schools would report by February 1 of each year which of the optional open application periods the school will accept student applications. The uniform optional dates for accepting applications and reporting of this information will assist parents in exercising their option of participating in this program.
•
The proposed rule would better ensure that schools wishing to participate in the program are safe by stating that submission of temporary certificate of occupancy permits would not meet the safety requirements of this program.
Statutory authority
Staff time required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed in creating the rule language, itself, will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.
Transportation
Subject
Objective of the rule. This rule making will amend Ch.
Trans 139 by removing the prohibition on service fees (“doc" fees).
Policy analysis
Currently, the rule prohibits motor vehicle dealers from charging a “processing" or “doc" (documentation) fee relating to a vehicle purchase for functions the dealer must perform prior to the vehicle's delivery. The lone exception to this rule [s.
Trans 139.05 (8) (b)] allows a dealer licensee who has contracted with the Department, in accordance with the provisions of s.
341.21, Stats., to charge a purchaser a fee in the amount contained in the contract for the dealer's services relating to the processing or distribution of an original or renewal registration or a certificate of title. This processing fee is the $17.50 “Electronic Title/Plate Filing Fee" charged in conjunction with the APPS (Automated Partners in Processing) on-site registration program.
The proposed policy change will eliminate the prohibition on “doc" fees, and allow a dealer to charge a reasonable fee for functions the dealer must perform prior to the vehicle's delivery, including: performing inspections, collecting and reporting fees and taxes, performing background checks on odometer history, filing registration and title on behalf of purchasers, and purchasing required forms. The proposed change would not impinge upon the dealer's ability to charge an optional processing fee in conjunction with the APPS program. Motor vehicle dealers are subject to a number of statutes and regulations. A processing fee is not required by law. Any rule change, including allowing a dealer to charge a customer a “doc" fee, would need to be consistent with the applicable statutes and regulations. This may include revising other rules and placing conditions, including full disclosure of the fee, upon a dealer charging a customer “doc" fees.
The policy alternatives are to eliminate the prohibition of service (“doc") fees, or to maintain the rule in its current form. Of the Wisconsin border states, Illinois, Michigan and Minnesota allow dealers to charge a “doc" fee, and Iowa law does not address “doc" fees. Allowing Wisconsin dealers to charge this fee will improve their competitive advantage. More importantly, it will allow dealers to more completely disclose the services for which consumers are charged in conjunction with the purchase of a motor vehicle.
Statutory authority
Staff time required
