It is estimated that 125 hours will be required to develop this rule order.
Health and Family Services
Subject
The Department proposes to create ch.
HFS 36, rules relating to community-based psychosocial service programs.
Policy analysis
1997 Wisconsin Act 27 created s.
49.45 (30e), Stats., relating to conditions for reimbursement of community-based psychosocial services programs under the medical assistance program and authorized the department to create rules establishing the scope of the psychosocial services that may be provided under s.
49.46 (2) (b) 6. Lm, Stats., standards for eligibility for those services, and certification requirements for community-based psychosocial programs under the medical assistance program. Pursuant to Act 27, the department in October 1998 initiated rulemaking to create ch.
HFS 36. That rulemaking effort was subsequently abandoned due to issues concerning the proposed rule's failure to guarantee that the psychosocial services authorized by Act 27 would be available statewide. In September 2003, the department, pursuant to s.
227.14 (6) (b), Stats., gave notice to the legislature of its intention not to promulgate the current proposed rule.
By issuance of this new Statement of Scope, the department again proposes to promulgate rules required by s.
49.45 (30e) Stats. In addition to establishing the scope of the psychosocial service programs, standards for certification and eligibility for services, these proposed rules will also establish other conditions of coverage of community based psychosocial services under the medical assistance program as authorized by s.
49.45 (30e) (b) 4., Stats., as created by
2003 Wisconsin Act 33. The department anticipates that the rules created in this new initiative will complement services provided by existing community support programs under s.
51.421, Stats., by making a fuller array of mental health services potentially available to those in need in each county. The department further anticipates that these new rules will allow for the creation of a broad range of flexible, consumer-centered, recovery oriented psychosocial services to both children and adults, including elders, whose psychosocial needs require more than outpatient therapy, but less than the level of services provided by existing community support programs. Certified community-based psychosocial programs that meet the requirements of s.
49.45 (30e), Stats., and proposed ch.
HFS 36 may be fully or partially funded by medical assistance with county match. These programs may also coordinate with other existing funding sources.
Before the effective date of the permanent rule for which this Statement of Scope is being issued, the department as authorized under
2003 Wisconsin Act 33, s.
9124 (10m), may issue substantially identical rules as an emergency order.
Statutory authority
The Department's statutory authority to create rules relating to community mental health is under ss.
49.45 (30e) and
51.42 (7) (b), Stats.
Staff time required
Estimated hours of staff time to draft the rules – 100 staff hours. An advisory committee will provide opportunities for consumer and provider input to the drafting process.
Insurance
Subject
Regarding Section
Ins 17.01 (3),
17.28 (6), Wis. Adm. Code, relating to annual patients compensation fund and mediation fund fees for fiscal year starting July 1, 2004.
Objective of the rule. To establish the annual fees which participating health care providers must pay to the patients compensation fund as required by statute for the fiscal year starting July 1, 2004.
Policy analysis
Existing policies are as set forth in the statutes cited in the next section and in the rules themselves; no new or alternate policies are contemplated at this time.
Statutory authority
Staff time required
40 hours estimated state employee time to promulgate these rules; other resources will include the review and recommendation of the board's actuarial committee based on the analysis and recommendations of the fund's actuaries and the director of state courts.
Natural Resources
Subject
Chapters
NR 20 pertaining to fishing regulations on inland waters and NR 23 pertaining to fishing regulations on Wisconsin-Michigan boundary waters.
Policy analysis
The Department is beginning the administrative process of developing fishing regulation changes that we anticipate recommending for the 2004 Spring Fish and Wildlife Rules Hearings.
A variety of fishing regulation changes have been proposed by Fisheries and Law Enforcement staff and approved through joint review, which are being developed for inclusion in the 2003 Spring Hearings. At this time, the Bureau of Fisheries Management and Habitat Protection is in the process of reviewing several rule proposals from local fisheries staff. The FH Bureau will then review the proposals with the Bureaus of Law Enforcement and Legal Services. At most, we anticipate recommending eight statewide rule change proposals and 20 local proposals.
These proposed fishing regulation changes would affect and be of interest to most anglers in the state, and could be of interest to those in the tourism industry involved in fishing.
Statutory authority
Staff time required
Approximately 220 hours will be needed by the Department.
Revenue
Subject
Section
Tax 1.12, relating to electronic funds transfer.
Objective of the rule:
• Create a provision specifying that payments of certain installment agreements on overdue tax accounts are required to be made by electronic funds transfer (“EFT").
• Update examples, and update notes to list current mailing addresses, and reflect the renumbering of a reference for the definition of stadium tax.
Policy analysis
The Department is using a procedure requiring electronic funds transfer for payments of certain installment agreements on overdue tax accounts. If the rules are not changed, they will be incomplete in that they will not reflect current Department procedure.
Statutory authority
Staff time required
The department estimates it will take approximately 60 hours to develop this rule order.
Transportation
Subject
Objective of rule. This rule making will amend ch.
Trans 250, relating to oversize and overweight permits for vehicles and loads, to effectuate s.
2604 of
2003 Wis. Act 33 that allows DOT to establish by administrative rule the additional fee to be charged for using the Department telephone call-in procedure or the Internet procedure to apply for oversize or overweight permits.
Policy analysis
2003 Wis. Act 33 replaces the statutorily-specified $5 for using the telephone call-in procedure with the authority of DOT to establish the fee by rule for both the telephone call-in and Internet procedures.
Statutory authority
Staff time required
20 hours.
Transportation
Subject
Objective of the Rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding 7 highway segments to the network. The actual segments being proposed are:
STH 25 from USH 8 to STH 48
STH 35 from USH 63 at Hager City to USH 10 in Prescott
CTH "E" from STH 35 to USH 10
STH 78 from Argyle to Mt. Horeb
STH 81 from STH 78 in Argyle to CTH “N" W. of STH 78
CTH "N" from STH 81 W. of Argyle to CTH "F"
CTH "F" from CTH "N" to STH 78 in Blanchardville
Policy analysis
Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to deal with changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes. The Department has received a requests from Indianhead Holsteins, Ltd., in Barron, WI, Bill Schroeder, Pierce County Board Supervisor, and Dearth Livestock, Inc., in Blanchardville to add these highway segments.
Statutory authority
Staff time required
It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
