Analysis Prepared by the Department of Health and Family Services
2003 Wisconsin Act 33 modified section 50.14 of the Wisconsin statutes, relating to assessments on occupied, licensed beds in nursing homes and intermediate care facilities for the mentally retarded (ICF-MR.)
Under section 50.14 of the Wisconsin Statutes, nursing facilities (nursing homes and ICF-MRs) are assessed a monthly fee for each occupied bed. Facilities owned or operated by the state, federal government, or located out of state are exempt from the assessment. Beds occupied by a resident whose nursing home costs are paid by Medicare are also exempt. The rate, specified in section
50.14 (2) of the statutes, was $32 per month per occupied bed for nursing homes and $100 per month per occupied bed for ICF-MRs.
1. It broadened the scope of which types of long-term care facilities must pay a monetary assessment to the Department by:
- eliminating exemptions from being subject to the assessments of facilities owned or operated by the state or federal government, and beds occupied by residents whose care is reimbursed in whole or in part by medicare under
42 USC 1395 to
1395ccc; and
- eliminating the exclusion of unoccupied facility beds from facility bed count calculations.
2. It increased the per bed fee limit the Department may charge subject ICF-MRs, from $100 per bed to $435 per bed in fiscal year 2003-04 and $445 per bed in fiscal year 2004-05.
3. It increased the per bed fee limit the Department may charge subject nursing homes, from $32 per bed to $75 per bed.
4. It establishes the requirement that amounts collected in excess of $14.3 million in fiscal year 2003-04, $13.8 million in fiscal year 2004-05, and, beginning July 1, 2005, amounts in excess of 45% of the amount collected be deposited in the Medical Assistance Trust Fund.
5. It specifies that facility beds that have been delicensed under section
49.45 (6m) (ap) 1. of the statutes, but not deducted from the nursing home's licensed bed capacity under section 49.45 (6m) (ap) 4. a., are to be included in the number of beds subject to the assessment.
In response to these statutory changes, the Department issued an emergency rule effective July 28, 2003 to modify chapter HFS 15 accordingly. Through its proposed permanent rule order, the Department seeks to make permanent those changes to ch.
HFS 15 contained in the emergency order. This hearing is for both the emergency rule order and the identical proposed permanent rules.
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:
www.adminrules.wisconsin.gov
To find out more about the hearing, or to comment on the proposed rule, please write or phone:
Jim Cobb
Division of Health Care Financing
P.O. Box 309
Madison, WI 53701-0309
608-264-6730 or,
if you are hearing impaired (608) 266-1511 (TDD)
cobbjd@dhfs.state.wi.us
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 Monday, October 20, 2003, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
2003 Act 33, the 03-05 Biennial Budget Bill, includes the following changes to the Nursing Facilities Bed Assessment:
(a) Eliminates the exemption of state facilities from the assessment.
(b) Changes the assessment from an assessment on occupied beds to an assessment on licensed beds.
(c) Increases the assessment from $32 to $75 per bed per month for nursing homes and from $100 to $435 in FY 04 and $445 in FY 05 per bed per month for Intermediate Care Facilities for the Mentally Retarded (ICFs-MR).
Act 33 allows the Department to submit through an emergency rule procedure changes to HFS 15 to conform with the changes in the Act.
The local and state fiscal effect of the changes to the bed assessment in Act 33 have been included in the funding allocated through the Biennial Budget Bill. Because the state and local fiscal effects are assumed in Act 33, this rule change has no state or local fiscal effect.
Initial Regulatory Flexibility Analysis
The rule changes will affect about 10 facilities that may be considered small businesses as “small business" is defined in s.
227.114 (1) (a), Stats. However, the Department is not making any exception for those entities in the proposed rule because federal uniformity clauses do not allow exceptions for such assessments.
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., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting Section
Ins 25.50 (1) and
(1) (a), Wis. Adm. Code, relating to an exception to disclosure of financial information.
Hearing Information
Date: October 22, 2003
Time: 10:00 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.
Analysis Prepared by the Office of the Commissioner of Insurance
Under ch.
Ins 25, Wis. Adm. Code, a licensee of the Office of the Commissioner of Insurance, including a warranty plan, may not disclose nonpublic personal financial information to an unaffiliated third party unless the customer is given the opportunity to object to the disclosure (referred to as “opt out notice"). Nothing in this section is intended to permit telephone solicitation which would otherwise be prohibited under s.
100.52, Stats., or subch. 5 of ch.
ATCP 127.
The current rule allows licensees to disclose nonpublic personal financial information to affiliates without an opt-out notice. This rule will also allow a warranty plan licensee or an affiliate to disclose nonpublic financial information without an opt-out notice to a non-affiliate selling products or services under the licensee's brand name. The warranty plan licensee or affiliate may disclose only if the recipient agrees to use the information solely for sale of the branded product or service, to keep the information confidential, and to adhere to the licensee or affiliate's quality standards for the branded products or services.
Fiscal Estimate
The proposed amendment makes a narrow notification exception for qualified warranty plans to share nonpublic financial information with a non-affiliate only for the sale of the branded product or service with requirements to keep the information confidential, and to adhere to the licensee or affiliate's quality standards for the branded products or services. Nothing in the section permits telephone solicitations otherwise prohibited. Ultimately there could be cost reductions for certain plans and less consumer confusion.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
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 125 South Webster Street, PO Box 7873, Madison WI 53707-7873.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN THAT pursuant to ss.
29.014,
29.063,
29.335 and
227.24, Stats., interpreting ss.
29.063 and
29.335, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-37-03(E) pertaining to the regulation of baiting and feeding to control and manage chronic wasting disease and bovine tuberculosis. This emergency order took effect on September 11, 2003. This emergency rule bans deer baiting and feeding in counties of highest risk for chronic wasting disease, bovine tuberculosis and other infectious diseases for the 2003 deer hunting seasons and beyond. The rule also clarifies that baiting with 10 gallons or less of bait is allowed in counties not affected by this rule nor is feeding prohibited.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
October 13, 2003 Room 027, GEF #2
Monday 101 South Webster Street
at 1:00 p.m. Madison
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 emergency rule may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than October 17, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained from Mr. Thiede.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue.
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,
227.11 (2) (a) and
227.24, Stats., interpreting ss.
29.014,
29.014 and
29.197, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-21-03(E) relating to the 2003 migratory game bird season. This emergency order took effect on August 28, 2003. The emergency rule established the season for ducks and Canada geese. The rule also eliminated a separate listing for pintail and canvasback seasons. The date of the two-day youth waterfowl hunt was also modified.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
October 14, 2003 Room 511, GEF #2
Tuesday 101 South Webster Street
at 1:00 p.m. Madison
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 emergency rule may be submitted to Mr. Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than October 16, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule 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 bill.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.604 and
227.11, Stats., interpreting s.
29.604, Stats., the Department of Natural Resources will hold public hearings on amendments to s.
NR 10.02 (1) and the repeal of s.
NR 27.03 (3) (a), Wis. Adm. Code, relating to the classification of gray wolves. The proposed rule will remove the gray wolf from the threatened species list in s.
NR 27.03 and add it to the protected wild animal list in s.
NR 10.02.
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:
November 5, 2003 Auditorium, Ag Research Center
Wednesday W6646 Hwy. 70
at 6:00 p.m. Spooner
Schmeekle Reserve
UW-Stevens Point
2419 North Point Drive
Stevens Point
Room 027, GEF #2
101 South Webster St.
Madison
November 6, 2003 James Williams Jr. High School
Thursday 915 Acacia Lane
at 6:00 p.m Rhinelander
LGI Room
Black River Falls Middle School
1202 Pierce Street
Black River Falls
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 Randy Jurewicz at (608) 267-7507 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 Wolf Biologist, P.O. Box 22, Park Falls, WI 54552 no later than November 21, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule may be obtained from Mr. Randy Jurewicz, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707.
Fiscal Estimate
It is not anticipated that the implementation of these rules will result in a fiscal impact above what could be absorbed within the agency's budget. The enforcement of these rules will be done as part of the regular duties of conservation wardens. However, there will be a workload impact, as enforcement of these regulations will likely result in the inability to enforce other resource laws, since the current budget will not allow the addition of seasonal wardens to assist in the enforcement of these new regulations.
Notice of Hearing
Psychology Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Psychology Examining Board in ss.
15.08 (5) (b),
227.11 (2), and
455.08, Stats., and interpreting ch.
455, Stats., the Psychology Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend and create ch.
Psy 5, relating to the practice of sexual misconduct.
Hearing Date, Time and Location
