Subject
To create and amend rules implementing the Family Planning Waiver as approved by the federal Centers for Medicare and Medicaid Services.
Policy analysis
The Department must create and amend selected provisions under chs.
HFS 101,
102,
103 and
107, relating to Medical Assistance to implement a waiver of federal regulations that allows the Department to provide family planning coverage for females of child-bearing age. The federal waiver allows for the expansion of Medicaid services for a limited array of services to specific individuals who would not otherwise be eligible for Medicaid coverage. Through this expansion of coverage, the Department hopes to reduce the number of unwanted pregnancies in Wisconsin. Under the waiver, a woman of child-bearing age whose income does not exceed 185% of the federal poverty line will be eligible for most of the family planning services currently available under Medicaid, as described in existing s.
HFS 107.21.
Statutory authority
Staff time required
The Department estimates that this rulemaking order will take about 10 hours of staff time to develop.
Public Instruction
Subject
Parent Contracts for Pupil Transportation.
Objective of the rule. The impetus for this rule is an on-going circuit court case involving a school district and the parent of a private school pupil living in that district. After the circuit court judge ordered the Department of Public Instruction to determine the amount of compensation provided in the parent contracts in question, the DPI held an administrative hearing in March, 2002. Both the circuit court judge and the administrative law judge have expressed the opinion that DPI should promulgate rules to assist school districts in applying the provisions of s.
121.55, Stats., relating to parent contracts for pupil transportation.
The rule is intended to clarify current law relating to procedures school districts must follow in offering parent contracts for transportation and to ensure greater consistency among school districts in the application of the law.
Policy analysis
DPI has not previously developed a formal policy to assist school districts in applying the provisions of s.
121.55, Wis. Stats., relating to parent contracts for pupil transportation. However, the administrative law judge's proposed decision, subsequently adopted by the DPI, provides some guidance in the interpretation of the relevant statutes.
The proposed rule would clarify the differences between two types of parent contracts now available for use by school districts and assist districts in calculating the amount of compensation to be provided in parent contracts for private school pupils under s.
121.55 (3).
Policy alternatives
Continue to allow each school district to interpret and apply statutory provisions relating to parent contracts for pupil transportation as it sees fit.
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 to create 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 six months to complete.
Veterans Affairs
Subject
Section
VA 2.01 (2) (b), relating to the expenditure limitation for dentures under the health care aid grant program.
Objective of the rule. The amendment to the rule would increase the expenditure cap for dentures under the health care aid grant program. The current cap is 25% of the annual expenditure authority for the health care aid grant program. Subject to further analysis, the Department is considering raising the cap to 50% of the annual program expenditure authority.
Policy analysis
The annual denture expenditure cap was last increased in October 1998. The cap was increased from $50,000 to 25% of the annual program expenditure authority, which resulted in a $300,000 annual cap. Despite the significant increase in denture expenditure authority that resulted from the amendment, the Department has been forced to terminate denture coverage within the first month of each subsequent fiscal year upon reaching the expenditure cap. Clearly, there is significant ongoing demand for this benefit. Dentures are not ordinarily covered by conventional health insurance plans or by the U. S. Department of Veterans Affairs. Thus, many eligible veterans are unable to secure this benefit in a timely manner. The proposed amendment would permit the Department to more adequately address this health care need by allowing additional resources to be devoted to this benefit.
Statutory authority
Staff time required
Approximately 1 hour of Department of Veterans Affairs staff time will be needed to promulgate the rules.
