Rule-making notices
Notice of Hearing
Notice is hereby given that, pursuant to ss.
50.36 (1),
227.11 (2) (a) and
227.24 (4), Stats., the Department of Health and Family Services will hold a public hearing to consider both the emergency rules and proposed permanent rules amending ss.
HFS 124.38 (4),
124.39 (1) (intro),
(a),
(b) and
(e),
(2) (a) and
(3),
124.40 (2) (b) and
(3) and
124.41 and creating ss.
HFS 124.38 (5) and
124.40 (2) (c), relating to critical access hospitals.
Hearing Information
The public hearing will be held:
Friday, June 20, 2003, 9:00 a.m. to Noon
Superior Public Library
1530 Tower Ave.
Superior, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available on site.
Analysis Prepared by the Department of Health and Family Services
The federal Rural Hospital Flexibility Program promotes the continued viability of rural hospitals by allowing qualifying hospitals to receive cost-based reimbursement for their services if the hospital qualifies for and is approved to convert to what is known as a Critical Access Hospital (CAH). In Wisconsin, subchapter VI of ch.
HFS 124 governs the Department's designation and regulation of CAHs. Designation as a CAH and receipt of cost-based reimbursement promotes the hospital's continued viability. To date, 25 hospitals in Wisconsin have transitioned to CAH status, thereby ensuring continued acute care access for many rural residents.
The Department recently learned that the tenuous financial condition of St. Mary's Hospital in Superior jeopardizes its continued operation and places it in imminent danger of closing unless the hospital can be designated as a CAH and receive cost-based reimbursement. The closure of St. Mary's would reduce Douglas County residents' accessibility to acute care. Moreover, the loss of the facility would have a significant detrimental effect on the county because St. Mary's annual payroll is between $7-8 million and it employs the equivalent of about 160 persons full-time.
Federal regulations permit a hospital in an urban area such as Superior to be reclassified as a critical access hospital if the hospital is located in an area designated as rural under state law or regulation. The Department has determined that the current provisions in ch.
HFS 124 preclude St. Mary's from being reclassified as a rural hospital and designated as a necessary provider of health services to area residents. However, St. Mary's Hospital meets “necessary provider" status in the Wisconsin Rural Health Plan based on economic, demographic and health care delivery in its service area. Therefore, the Department is proposing to modify provisions in subchapter VI of ch.
HFS 124 to permit St. Mary's Hospital to be classified as a rural hospital and begin the approval process for designation as a Critical Access Hospital. To permit St. Mary's to initiate its transition to a critical access hospital, the Department issued a similar emergency order that became effective on March 21, 2003. Through this proposed permanent order, the Department is also modifying several other provisions in subch.
VI of ch. HFS 124 to more closely reflect current federal regulations, the October 2001 Wisconsin Rural Hospital Flexibility Program Implementation Plan and to change the name of the federal Health Care Financing Administration to the Centers for Medicare and Medicaid Services.
Contact Person
The initial proposed rules upon which the Department is soliciting comments and which will be the subject of this hearing are posted at the Department's administrative rules website at:
To find out more about the hearing, or to comment on the proposed rule, please write or phone:
Cheryl Bell-Marek
Division of Disability and Elder Services
P.O. Box 2969
Madison, WI 53701-2969
608-264-9896 or,
if you are hearing impaired,
(608) 266-1511 (TDD)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the 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 above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than Wednesday, June 23, 2003, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
A hospital may be designated as a critical access hospital if it satisfies federal and state requirements including requirements specified under ss.
HFS 124.37 through
124.41.
Section
HFS 124.39 (1) of the Wisconsin Administrative Code specifies state eligibility requirements for designation as a critical access hospital. A hospital must meet all of the following:
(a) A nonprofit or public hospital approved by the department to operate as a hospital.
(b) Located in an area outside of a metropolitan statistical area as defined in
42 USC 1395ww(d).
(c) Located more than a 35-mile drive from another hospital or certified by the department under sub. (2) as a necessary provider of health care services to residents in the area.
(d) A hospital that has a provider agreement to participate in Medicare in accordance with
42 CFR 485.612.
(e) A hospital that has not been designated by the federal health care financing administration as an urban hospital for the purposes of Medicare reimbursement.
The proposed rule change would expand the criteria for necessary providers under s.
HFS 124.39 (2) to rural hospitals, defined as hospitals located in a county that has at least a portion of a rural census tract of a metropolitan statistical are as determined under the most recent version of the Goldsmith Modification as provided in
42 CFR 412.103(a)(1), that meet the criteria under s.
HFS 123.39 (1) (a),
(d) and
(e).
Two counties in Wisconsin currently fall under Goldsmith Modification criteria: Douglas and Marathon. Three hospitals are located in these counties: St. Mary's in Superior, and NorthCentral Health Care Facility and Wausau Hospital in Wausau. None of these hospitals currently meet the requirements for a critical access hospital under s.
HFS 124.40. However, St. Mary's has expressed an interest in delicensing a number of its hospital beds. If St. Mary's were to delicense 137 beds, it would meet the requirements under 124.40 and could gain critical access hospital status under the proposed change.
If St. Mary's were to gain critical access hospital status, it would be eligible for inpatient and outpatient hospital cost-based reimbursement under fee-for-service Medicaid (MA), as well as increased federal Medicare payments. Under cost-based reimbursement, it is estimated St. Mary's would receive an MA increase of $285,200 AF ($118,400 GPR) annually. This increase includes the effect of eliminating Metropolitan Border Status Supplement payments. St. Mary's currently receives $152,500 AF in MA payments under the Metropolitan Border Status Supplement. Under cost-based reimbursement, St. Mary's would not be eligible for supplemental MA payments.
In addition, the Department would lose approximately $2,500 PR annually in bed licensing fees from St. Mary's due to the 137 delicensed beds.
Due to estimated increased MA payments and loss of bed licensing fees, this change has a state fiscal estimate of $287,700 AF ($118,400 GPR). This change has no fiscal effect for local governments.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting s. Ins. 17.40 (1), (2), (3) and (4), Wis. Adm. Code requiring primary insurers and self-insurers to provide notice to the patients compensation fund of the filing of an out-of- state medical malpractice action against an insured Wisconsin health care provider.
Hearing Information
Date: May 14, 2003
Time: 10:00 a.m., or as soon thereafter as the matter may be reached
Place: Room 223, OCI, 125 S. Webster , Madison, WI
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 3 days following the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Copies of Rule and Contact Person
Inger Williams, Services Section
Office of the Commissioner of Insurance
(608) 264-8110
or at
121 East Wilson Street
PO Box 7873
Madison WI 53707-7873.
Analysis Prepared by the Office of the Commissioner of Insurance
Statutory authority: ss., 601.41 (3), 655.004, Stats.
Section
655.27 (5) (a) 2. of the Wisconsin statutes provides a person filing an action outside this state against a health care provider may recover from the patients compensation fund (“fund") only if the fund is notified of the action within 60 days of service of process on the health care provider or the employee of the health care provider when the rules
of procedure
of the jurisdiction in which the action is brought do not permit naming the fund as a party. Section
655.27 (5) (a) 2. further provides the board of governors may extend this 60 day time limit if it finds that enforcement of the time limit would be prejudicial to the purposes of the fund and would benefit neither insureds nor claimants.
Section
655.27 (5) (b) provides it is the responsibility of the insurer or self-insurer for the health care provider who is also covered by the fund to provide an adequate defense of the fund, to act in good faith and in a fiduciary relationship with respect to any claim affecting the fund.
In several recent cases, primary carriers have not given timely notice to the fund of the commencement of an out-of-state medical malpractice action potentially affecting the fund. This rule requires primary carriers and self-insurers to give written notice to the fund within 60 days of the primary insurer or self-insurer's first notice of the filing of an action outside this state, or within 60 days of service of process on the health care provider or employee thereof, whichever is later in time, so the fund is able to timely investigate and respond as appropriate to these claims. The rule also specifies the failure of the insurer or self-insurer to give timely notice will result in the board of governors denying fund coverage for the claim if it finds: a) the fund was prejudiced by the failure to give timely notice, and b) it was reasonably possible to give notice within the time limit. This standard of a finding of prejudice and that it was reasonably possible to give timely notice is patterned after a similar standard set forth in s.
631.81, Wis. Stats. The rule also provides if it was reasonably possible to give notice within the time limit
and the board of governors denies fund coverage under s.
17.40 (3) of the rule, the failure to give notice constitutes bad faith on the part of the insurer or self-insurer in violation of s.
655.27 (5) (b), Wis. Stats.
Fiscal Estimate
The Patients Compensation Fund (Fund) is a segregated fund. The proposed rule has no fiscal effect to the Fund or GPR.
Notice of Hearing
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting s. Ins. 17.01 (3), 17.28 (6) and 17.285 (4), Wis. Adm. Code relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2003 and relating to establishing a rate of compensation for fund peer review council members and consultants.
Hearing Information
Date: May 14, 2003
Time: 11:00 a.m., or as soon thereafter as the matter may be reached
Place: Room 223, OCI, 125 S. Webster , Madison, WI
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 3 days following the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Copies of Rule and Contact Person
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at
http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110 or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.
Analysis Prepared by the Office of the Commissioner of Insurance
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2003. These fees represent a 5% increase compared with fees paid for the 2002-03 fiscal year. The board approved these fees at its meeting on February 26, 2003, based on the recommendation of the board's actuarial and underwriting committee.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the funding level recommendation of the board's actuarial and underwriting committee by establishing mediation panel fees for the next fiscal year at $19.00 for physicians and $1.00 per occupied bed for hospitals, representing no increase from 2002-03 fiscal year mediation panel fees.
This rule also creates s. Ins. 17.285 (14) that establishes a rate of compensation for fund peer review council members and consultants of $250 per meeting attended or $250 per report filed by consultant based on the consultant's review of a file.
Fiscal Estimate
The Patients Compensation Fund (Fund) is a segregated fund. Annual Fund fees are established to become effective each July 1, based on actuarial estimates of the Fund's needs for payment of medical malpractice claims. The proposed fees were approved by the Fund's Board of Governors at its February 26, 2003 meeting.
There is no effect on GPR.
Estimated revenue from fees, for fiscal year 2003-2004, is approximately $28.8 million, which represents a 5% increase to fiscal year, 2002-2003 fee revenue.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.041,
29.014 (1),
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.041,
29.014 (1) and
29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to s.
NR 25.09, Wis. Adm. Code, relating to commercial netting of whitefish in Lake Michigan. Under current rules, commercial whitefish trap nets must be removed from waters of Lake Michigan south of Kewaunee from June 28 through Labor Day. The proposed rule would allow summer trap netting south of Kewaunee in two limited areas, one near Manitowoc and Two Rivers and one near Sheboygan. The maximum number of nets that can be used by any individual license holder in those areas during summer would be limited to three. New net marking requirements are created.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
Initial Regulatory Flexibility Analysis
a. Types of small businesses affected: Commercial fishers of whitefish.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Wednesday, May 14, 2003 at 7:00 p.m.
Main Ballroom, Great Lake Water Institute,
UW-Milwaukee
600 E. Greenfield Avenue
Milwaukee, WI
Thursday, May 15, 2003 at 7:00 p.m.
Lake Michigan Conference Room
Lakeshore Tech. College
1290 North Ave.
Cleveland, WI
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 Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
None anticipated.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than May 19, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule (FH-46-02) and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
NOTICE IS HEREBY GIVEN that pursuant to ss.
20.370 (1) (cr),
77.06 (2),
77.91 (1) and
227.11 (2) (a), Stats., interpreting ss.
77.06 (2),
77.82 and
77.91 (1), Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 46, Wis. Adm. Code, relating to the administration of the Forest Crop Law and the Managed Forest Law. The proposed rule will repeal and recreate s.
NR 46.30 (2) (a) to
(c) to revise the annual stumpage values used to calculate severance and yield taxes due on timber cut during the period from November 1, 2003 through October 31, 2004. Thirteen separate zones reflect varying stumpage values for different species and products across the state. The average price change for sawtimber is a 6.7% increase over current rates. The pulpwood prices are, on the average, decreased 3.3%.
Other revisions are necessary to bring the rule into compliance with the statutory changes in
2001 Wis. Act 109. The areas revised include: a change creating a permanent opportunity for landowners to convert Forest Crop Law contracts to Managed Forest Law contracts; a change in the application fee from $20 to $100 for those landowners applying without submitting a qualifying management plan; and clarification of what constitutes a qualifying management plan.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
Initial Regulatory Flexibility Analysis
a. Types of small businesses affected: Small private forest landowners and forest industries enrolled under the Forest Crop Law and Managed Forest Law.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
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.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, May 13, 2003 at 10:30 a.m.
CS/G3 Conference Room, 3rd Floor, GEF #3
125 S. Webster Street, Madison
Wednesday, May 14, 2003 at 9:00 a.m.
Wetland Room, Bay Beach Wildlife Area
1660 E. Shore Drive
Green Bay
Thursday, May 15, 2003 at 1:00 p.m.
Room 158, DNR Region Headquarters
1300 W. Clairemont
Eau Claire
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 Linda DePaul at (608) 266-3545 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The new 2003 stumpage rate schedule includes an average 6.7% increase in sawtimber prices and a decrease of 3.3% in cordwood prices. The severance and yield tax collection in CY 2002 was $1,439,594.43. Of this, about 20% of the gross revenue is from sawtimber harvests. Eighty percent of the revenue was related to cordwood harvests. As a result, a 6.7% increase in sawtimber prices will produce an increase in gross revenue of about $19,291. A 3.3% decrease in cordwood values will generate a decrease of $38,005 in revenue. The net result would be a decrease of $18,714. The gross receipts are shared between the municipality and state, with each receiving approximately 50%. The municipality in turn shares 20% of their receipts with the county.
The net fiscal impact is based on the assumption that the volume and ratio of pulpwood and sawtimber will remain the same this year as last year.
The net fiscal effect of the rule change will be about $9,357 decrease in state revenue and a $9,357 decrease in local revenue. The state revenue received from severance and yield taxes are deposited in the Forestry account of the Conservation Fund.
Contact Person
Written comments on the proposed rule may be submitted to Ms. Linda DePaul, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than May 17, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule (FR-18-03) and fiscal estimate may be obtained from Ms. DePaul.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
285.11 and
285.27 (2), Stats., interpreting s.
285.27 (2), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs.
NR 460,
465 and
484, Wis. Adm. Code, including the creation of Appendix NNNN to ch.
NR 460 and subch.
III to ch.
NR 465, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants for facilities that apply surface coatings to large appliances. The Department proposes to adopt existing national emission standards for hazardous air pollutants (NESHAP). This NESHAP became effect on July 23, 2002 when it was published in the Federal Register as
40 CFR 63 Subpart NNNN. Section
285.27 (2), Stats., requires the Department to promulgate NESHAPs into the Wisconsin Administrative Code.
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 an economic impact on small businesses. Since the proposed rule simply mirrors the federal requirements, it will not have an additional adverse impact on small businesses.
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 hearing will be held on:
Tuesday, May 20, 2003 at 1:30 p.m.
Room 511, GEF #2
101 South Webster St.
Madison, WI
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 Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
None anticipated.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than June 2, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of proposed rule (AM-17-03) and its fiscal estimate may be obtained from Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707, Phone: (608) 266-7718 or FAX: (608) 267-0560.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
450.02 (2) and
(3), Stats., and interpreting ss.
450.01 (7) and
(16),
450.02 (2) and
(3) and
450.09, Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to create s.
Phar 7.12, relating to the requirements for an approved central fill system. This is the second public hearing held on these proposed rules. The first hearing was held on September 11, 2001.
Hearing Date, Time and Location
Date: May 14, 2003
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, WI
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 May 30, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
The objective of this proposed rule-making order is to specify the requirements for an approved central fill system. Integrated health systems, business entities comprising common ownership of multiple pharmacies and pharmacies desiring to enter contractual relationships with outside vendors have an interest in increasing patient convenience and lowering cost of service based upon the central filling of prescription orders for dispensing. The intent of such rules is to preserve the integrity of the dispensing process by addressing the issues of ownership of inventory, patient confidentiality, consultation, security, accuracy and accountability which must be maintained in any approved central fill system.
A “central fill pharmacy" is defined as a pharmacy licensed in this state acting as an agent of an originating pharmacy to fill or refill a prescription order. The “originating pharmacy" is a pharmacy licensed in this state that uses a central fill pharmacy to fill or refill a prescription order for purposes of dispensing by the originating pharmacy.
The central fill pharmacy and originating pharmacy may only process a request for the filling or refilling of a prescription received by an originating pharmacy when the requirements of this section are met. The central fill pharmacy must either have the same owner as the originating pharmacy or a contract with the originating pharmacy outlining the services and responsibilities. The central fill pharmacy shall maintain a record of all originating pharmacies, including name, address and DEA number, for which it processes a request for the filling or refilling of a prescription order received by the originating pharmacy. The record shall be made available upon request for inspection by the board or its agent. Also, both pharmacies must maintain a written protocol delineating each pharmacy's assumption of responsibility for compliance with the prescription drug compounding and dispensing requirements of chs.
Phar 7 and
8. The originating pharmacy shall remain responsible for compliance with the prescription drug compounding and dispensing requirements of chs.
Phar 7 and
8 which are not assumed in writing by the central fill pharmacy pursuant to a filling protocol. The originating pharmacy will always remain solely responsible for the patient consultation and transfer requirements of s.
Phar 7.01 (1) (e) and
(em) where the prescription drug is not delivered by an agent of the pharmacist to a patient's residence. Certain functions in the dispensing process may not be performed by the central fill pharmacy unless it shares a common central processing unit with the originating pharmacy. These functions are the medication profile record review of the patient, drug utilization review, refill authorizations, interventions and drug interactions. The prescription label attached to the container of all dispensed drugs shall contain the name and address of the originating pharmacy as the licensed facility from which the prescribed drug or device was dispensed for purposes of s.
450.11 (4) (a) 1., Stats. The date on which the prescription was dispensed for purposes of s.
450.11 (4) (a) 2., Stats., shall be the date on which the central fill pharmacy filled the prescription order.
The originating pharmacy remains responsible for original recordkeeping of all prescription orders as required by state and federal law. All original and refill requests received by the central fill pharmacy are required to be treated as prescription orders for purposes of filing and recordkeeping as required by state and federal law. Each pharmacy is required to maintain records to identify each of its pharmacists responsible for receiving and reviewing prescription orders and compounding and dispensing pursuant to a prescription order and to track the prescription order during each step in the dispensing process. Both pharmacies are required to adopt a joint written quality assurance program to monitor and evaluate the quality and appropriateness of patient care, pursue opportunities to improve patient care, resolve identified problems and insure compliance with the central fill rule. A system for using a central fill pharmacy not otherwise in conformance with this rule may be permitted if reviewed and approved by the board.
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.
Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Wis. 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 Proposed Rulemaking
NOTICE IS HEREBY GIVEN That pursuant to ss.
73.01 (5) (b) and
227.11 (21), Stats., and interpreting s.
73.01 (5) (b), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Tax Appeals Commission will create s.
TA 1.15 (2m), relating to petitions for review, as proposed in this notice, without public hearing unless, within 30 days after publication of this notice May 1, 2003, the Tax Appeals Commission is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis by the Tax Appeals Commission
An appeal to the tax appeals commission is, in most cases, preceded by either the department of revenue or department of transportation issuing an assessment to a person, or by a person filing a claim for refund of a tax or fee. If a person disagrees with the assessment, the person may ask the department to reconsider. The document requesting reconsideration is commonly in letter form and is called a “petition for redetermination."
If a department denies a claim for refund, partially or entirely, the department will issue a notice of the denial. The claimant may ask the department to reconsider the denial. The document requesting reconsideration is commonly in letter form and is called a “petition for redetermination."
If a department denies a petition for redetermination, it will issue a “notice of action." The person aggrieved by the denial may then file an appeal (“petition for review") with the tax appeals commission.
This proposed rule requires each person filing a petition for review with the tax appeals commission to file a separate petition. However, two or more persons may file a single petition for review if each person is aggrieved by a department action (ex., two related corporations are the subject of a single assessment; or a married couple appeal on the same issue with respect to a joint income tax return).
The Wisconsin tax appeals commission proposes an order to create s.
TA 1.15 (2m), relating to petitions for review.
SECTION 1. TA 1.15(2m) is created to read:
TA 1.15(2m) A separate petition for review shall be filed with the commission by an aggrieved party from each notice of action of the department of revenue or the department of transportation on a petition for redetermination, except that a single petition for review may be filed by more than one person if each person is aggrieved by the department's action; a separate filing fee shall accompany each petition for review.
SECTION 2. INITIAL APPLICABILITY. This rule first applies to a petition for review filed with the tax appeals commission on the effective date of this rule.
SECTION 3. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s.
227.22(2)(intro), Stats.
NOTE: Examples of how the proposed rule will be administered follow:
(1) The department of revenue denies 5 petitions for redetermination of 5 unrelated people on a similar or the same issue. Each person must file a separate petition for review with the commission and pay a filing fee.
(2) The department of revenue denies one petition for redetermination of a corporation and its subsidiary, or a limited liability company (“LLC") and one of its members, on similar or related issues. The corporation and its subsidiary, and the LLC and its member, may file a single petition for review with the commission and pay a single filing fee.
(3) The department of revenue issues an assessment to a married couple with respect to a tax issue arising out of their joint income tax return, then denies the married couple's petition for redetermination. The married couple may file a single petition for review with the commission and pay a single filing fee.
Initial Regulatory Flexibility Analysis
A “small business," as defined under s.
227.114 (1), Stats., which files an appeal with the tax appeals commission will be affected by this rule. However, the statute prescribing appeal procedures (s.
73.01) does not authorize treating a small business differently from any other person filing an appeal. The impact on a small business will be negligible.
Fiscal Estimate
This proposed rule has no fiscal effect on the state or any county, city, village, town, school district, technical college district or sewerage district.
Contact Person
Thomas M. Boykoff, Commissioner
(608)266-1391
