These adjustments to the policyholder premiums, provider payment rates and insurer assessments are proposed to occur July 1, 2003 as the result of a routine, annual update of HIRSP rules. A similar, budget-based update of HIRSP rules has occurred each and every state fiscal year since 1998. Policyholder premiums will be adjusted as new HIRSP policies are initiated or renewed.
Initial Regulatory Flexibility Analysis
The rule changes will affect HIRSP policyholders, the Department of Health and Family Services and the Department's fiscal agent. The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats. Although the program statutes and rules provide for the assessment of insurers to help finance HIRSP, no assessed insurer is a small business as defined in s.
227.114 (1) (a), Stats. Moreover, s.
149.143, Stats., prescribes how the amount of an insurer's assessment to help finance HIRSP is to be determined and, similarly, how the health care provider payment rate is to be calculated.
Notice of Hearing
Insurance
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., the Office of the Commissioner of Insurance will hold a public hearing to consider the adoption of a rule affecting s.
Ins 8.49, Wis. Adm. Code, relating to small employer uniform employee application.
Hearing Information
Date: July 11, 2003
Time: 9:30 a.m., or as soon thereafter as the
matter may be reached
Place: Room 227, OCI
125 South Webster Street
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 14 days following the date of the hearing. Written comments should be addressed to: Julie E. Walsh, OCI, PO Box 7873, Madison WI 53707.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The intended effect of the rule will be to reduce use of employee time for completion of application materials that should result in a cost savings to the small employers. There should be no fiscal increase incurred by small employers.
Fiscal Estimate
There will be no state or local government fiscal effect.
Contact Person
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.
Jun/16/03 1:24 A24/P24
Analysis prepared by the Office of the Commissioner of Insurance
Statutes interpreted: Sections
635.10, Stats.
In accordance with ss.
601.41 (8) and
635.10, Stats., the Office is statutorily required to develop a rule and the uniform employee application for group health insurance that is to be used by small employer insurers for small employer applicants. In compliance with s.
601.41(8), Stats., the Office, with consultation of the life and disability advisory council, convened a taskforce with representatives of small employers, licensed intermediaries and small employer insurers to obtain information relating to a proposed uniform employee application form. The taskforce made recommendations to the Office for its consideration in the development of the small employer uniform employee application.
The intent of the legislation was two-fold; to reduce the number of forms employees were required to complete when a small employer applied for group health insurance and permits small employers to seek multiple premiums from different small employer insurers with one form. Having a uniform employee application that could be used to obtain multiple premiums also has the benefit of decreasing the amount of time spent by the small employer in obtaining the premium information since the form may be photocopied and submitted simultaneously to several insurers.
To address the concerns of the small employers, licensed intermediaries and small employer insurers, the Office, in addition to drafting the uniform employee application, also drafted the rule governing the use and management of the application process. The proposed regulations establishes the following: photocopies of the form shall be accepted as though it were an original; duration for use of the information contained within the application form; and, requires small employer insurers to share the photocopied forms, in accordance with the applicant's authorization, with other named insurers within 5 business days as requested in writing by the small employer. The intent is to facilitate a timely exchange of the applications so that the small employer is able to receive the premium amount necessary to make an informed decision regarding the purchase of group health insurance.
Finally, although the uniform application will be available for use beginning August 1, 2003, in accordance with the statute, the rule permits a 60 day grace period to enable small employer insurers to transition from their individual application forms to the uniform application.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
457.03 (1), Stats., and interpreting s.
457.12, Stats., the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
MPSW 13.01 (1),
(2) (intro.), and
(a) to
(c); and to create s. MSPW 13.01 (3) and (4), relating to the National Counselor Mental Health Certification Examining Board.
Hearing Date, Time and Location
Date: Wednesday July 30, 2003
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
Room 179A
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 July 31, 2003, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.
Analysis prepared by the Department of Regulation and Licensing
Statute interpreted: Section
457.12, Stats.
This proposed rule-making order requires that applicants for licensure as a Professional Counselor pass the National Counselor Mental Health Certification Examination (NCMHCE). Under new law effective November 1, 2002, licensed professional counselors may practice psychotherapy independently. In order to ensure that they are qualified to practice psychotherapy independently, the Professional Counselor Section wishes to require all new applicants for licensure to pass the national clinical examination, the NCMHCE. Without this change, there will be less certainty that professional counselors are qualified to practice psychotherapy, and requiring passage of the NCMHCE will ensure greater protection of the public.
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 Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.041,
29.197 and
227.11 (2) (a), Stats., interpreting ss.
29.014,
29.041 and
29.197, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 10, Wis. Adm. Code, relating to the 2003 migratory game bird season. Under international treaty and federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service regulations process. Actual season lengths, dates and harvest allocations will change based on the federal framework regulations. The Department anticipates the regulations to include:
Ducks – The state is divided into two zones, each with 45-day seasons. The season begins at noon September 27 in the north. In the south, the season begins at noon on October 4 and continues through October 12, there would be a 4-day split, and then reopen on October 17. The daily bag limit is 6 ducks including no more than 4 mallards, of which only one may be a hen, one black duck, one pintail, 2 wood ducks, 2 redheads and 3 scaup. The canvasback season is again closed.
Canada geese – The state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Season lengths are Collins Zone – 67 days; Horicon Zone – 93 days; Exterior Zone – 91 days; and Mississippi River Subzone – 70 days.
The Canada goose bag limit is established for the youth waterfowl hunt and 2 days will be offered.
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.
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 hearings will be held on:
August 5, 2003 Auditorium, Admin. Center
Tuesday 400 4th St. North
at 6:00 p.m. La Crosse
August 5, 2003 Comfort Suites
Tuesday Hwy. J and I-94
at 6:00 p.m. Pewaukee
August 6, 2003 Conference Room #1
Wednesday DNR Service Center
at 6:00 p.m. 107 Sutliff Ave.
Rhinelander
August 6, 2003 Room 310
Wednesday Green Bay City Hall
at 6:00 p.m. 100 N. Jefferson St.
Green Bay
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 Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than August 6, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-20-03] and fiscal estimate may be obtained from Mr. Thiede.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this rule.
Notice of Hearing
Natural Resources
(Environmental Protection-General,
Chs.
NR 100—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.27 and
227.11 (2) (a), Stats., interpreting s.
30.27, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 118, Wis. Adm. Code, relating to the Lower St. Croix Riverway. Key areas of revision are definitional changes and additions to add clarity; creation of five unique set back zones and standards for development in each; clarification of the treatment of non-conforming structures; and modification of the administrative procedures for local and state government. These changes conform closely to the recent Cooperative Management Plan between the States of Minnesota and Wisconsin and the National Park Service.
The net effect of these changes is to improve the clarity and consistency of the code, increase the flexibility of owners of existing non-conforming structures to repair, maintain and, in some cases, expand those structures; increase the environmental and visual “buffering" of new and existing development within the riverway; and clarify administrative procedures.
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.
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:
July 31, 2003 Lower Level Community Room
Thursday St. Croix Co. Government Center
at 5:00 p.m. 1101 Carmichael Road
Hudson
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 Al Shea at (608) 267-2759 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Al Shea, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than August 15, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [WT-28-03] and its fiscal estimate may be obtained from Mr. Shea.
Fiscal Estimate
The rule will cause all towns, cities and villages within the Riverway District one-time costs to revise their zoning ordinances to reflect the new minimum standards in the revised rule for incorporated areas. Counties within which the District occurs will also incur one-time costs to revise their zoning ordinances to reflect the new minimum standards on the revised rule for unincorporated areas. However, after this initial increased workload, it is envisioned that the administrative burden of enforcing these specialized zoning provisions will be easier than that required to administer the existing ordinances, thereby decreasing workload. Exact increased one-time costs or decreased annualized costs to local governments are extremely difficult to estimate.
Notice of Hearing
Natural Resources
(Environmental Protection-General
Chs.
NR 100—)
(Environmental Protection-WPDES
Chs.
NR 200—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2),
281.15,
283.001,
281.13,
283.15,
283.31,
283.37 and
283.55, Stats., interpreting ss.
281.15,
283.13 and
283.15, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 104,
105,
106 and
210, Wis. Adm. Code, relating to the regulation of discharges of ammonia to surface waters of the state and other minor corrections to chs.
NR 105 and
106.
Ammonia nitrogen, which is present in domestic and some industrial wastewater, has been shown to be toxic to aquatic life. The Department is currently using 1976 U.S. EPA criteria and a general provision in s.
NR 105.04 to regulate the discharge of ammonia to surface waters. This proposed rule incorporates the EPA 1999 update of ambient water quality criteria for ammonia and calculation and implementation procedures to existing chs.
NR 105 and
106. The EPA criteria were adapted to reflect Wisconsin aquatic life special and water body classifications. The Department is proposing criteria that are specific to each of the four major aquatic life classifications (cold water fish, warm water sport fish, limited forage fish and limited aquatic life) to assure attainment of the designated waterbody use.
Based on additional toxicological data, the 1999 EPA criteria generally provide less restrictive criteria than those previously used to calculate effluent limitations. It appears that most existing bio-mechanical wastewater treatment plants in the state will be capable of achieving ammonia discharge limits developed under the proposed rule. A significant number of lagoon and stabilization pond systems (approximately 160) will be subject to ammonia limits for the first time and many likely will not be able to meet the limits. The proposed revision to ch.
NR 106 contains a variance procedure that provides additional time to address the treatment needs of facilities which use lagoons and ponds to treat domestic wastewater.
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.
