Rule-making notices
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (15) (h) to
(j) and
101.16, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 40, relating to gas systems.
The public hearing will be held as follows:
Date and Time:
Monday, June 28, 2004
10:00 a.m.
Location:
Room 3C, Thompson Commerce Center
201 West Washington Avenue
Madison
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until
July 12, 2004, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
racker@commerce.state.wi.us.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis Prepared by the Department of Commerce
General Summary
Under section
101.02 (15) (h) to
(j), Stats., the Department of Commerce has the authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Under section
101.16, Stats., the Department has the responsibility for developing rules specifically for the storage, handling and use of liquefied petroleum gas. Chapter
Comm 40 currently contains minimum safety standards for the design, construction, installation, operation, inspection, repair and maintenance of liquefied petroleum gas systems, liquefied natural gas systems, and compressed natural gas systems. The proposed rules consist of an update of chapter Comm 40.
Detailed Summary
The following listing is a summary of the major changes in the proposed rules.
1. Adding gaseous hydrogen systems and liquefied hydrogen systems to the definition of gas systems. [SECTION 2]
2. Revising the requirements relating to the submittal information for plan examination. [SECTION 4]
3. Clarifying that 2 site inspections are included with the plan examination and inspection fees submitted in accordance with the fee schedule. [SECTION 7]
4. Adding a new rule for the reporting of accidents. [SECTION 8]
5. Updating the national standards currently incorporated by reference and deleting the standard for recreational vehicles. [SECTION 9]
6. Adding new National Fire Protection Association (NFPA) standards for gaseous hydrogen systems and liquefied hydrogen systems. [SECTION 10]
7. Applying the secondhand pressure vessel rules to all gas systems instead of only liquefied petroleum gas systems. [SECTION 15]
8. Requiring plan approval for liquefied natural gas installations where the aggregate water capacity will be 4000 gallons or larger. [SECTION 16]
9. Adding new subchapters for gaseous hydrogen facilities and liquefied hydrogen facilities. [SECTION 19]
Federal Comparison
An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to liquefied petroleum gas, liquefied natural gas, compressed natural gas, gaseous hydrogen, and liquefied hydrogen as covered in the proposed update of chapter Comm 40.
• 29 CFR 1910.110 -- Storage and Handling of Liquefied Petroleum Gases. This regulation in the federal Department of Labor applies to the design, construction, location, installation and operation of liquefied petroleum gas systems.
• 33 CFR 127 Subpart B -- Waterfront Facilities Handling Liquefied Natural Gas. This regulation in the federal Department of Homeland Security applies to the marine transfer area of waterfront facilities handling liquefied natural gas.
• 29 CFR 1910.103 -- Hydrogen. This regulation in the federal Department of Labor applies to the installation of gaseous hydrogen systems and liquefied hydrogen systems on consumer premises.
These federal regulations appear to be very similar to the proposed rules. In addition to containing specific requirements for the various gas systems, the federal regulations incorporate by reference several national standards published by the NFPA, the American National Standards Institute, the Compressed Gas Association, and the American Society of Mechanical Engineers.
An Internet-based search of the 2003 and 2004 issues of the Federal Register did not find any proposed regulations relating to gas systems as covered in the proposed update of chapter Comm 40.
State Comparison
An Internet-based search of adjacent states' rules found the following regulations that include requirements relating to liquefied petroleum gas, liquefied natural gas, compressed natural gas, gaseous hydrogen, and liquefied hydrogen.
•
Minnesota incorporates by reference the 2000 edition of the International Fire Code (IFC) into the Minnesota State Fire Code. The IFC references NFPA standard numbers 50A, 50B, 52, 58 and 59A. These are the same NFPA standards that are included in the proposed rules.
•
Michigan's Department of Environmental Quality administers rules relating to liquefied petroleum gas and liquefied natural gas. These rules adopt NFPA 58 and NFPA 59A. Michigan's Department of Consumer and Industry Services administers rules for compressed natural gas and hydrogen. These rules adopt NFPA 52 and federal Occupational Safety and Health Administration regulations
29 CFR 1910.103 for gaseous and liquefied hydrogen. These regulations cover the same gas systems as the proposed rules.
•
Iowa's Division of the State Fire Marshal is responsible for the regulation of liquefied petroleum gas and liquefied natural gas in Iowa Administrative Code Chapter
51. That chapter adopts by reference NFPA standard numbers 54, 58 and 59A. The state of Iowa does not have rules for compressed natural gas or hydrogen.
•
Illinois' Office of the State Fire Marshal has adopted rules relating to liquefied petroleum gas under Title 41, Chapter I Part 200. That part incorporates by reference NFPA standard numbers 54, 58, 59 and 501C, and API standard 2510. The state of Illinois does not have rules for liquefied natural gas, compressed natural gas or hydrogen.
Advisory Council
The proposed rules have been developed with the assistance of the Gas Systems Code Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Ed Aldridge Growmark, Inc.
Bruce Barganz Wisconsin Fertilizer & Chemical Assn.
Tim Clay Wisconsin Federation of Cooperatives
David A. Duey ANGI International
Kingsley H. Forbes National Propane Gas Association
Art Herschberger Wisconsin Propane Gas Association
Gary Puljas Wisconsin Fire Inspectors Association
Gene Reece Wisconsin State Fire Chiefs Association
Timothy Temperly City of Milwaukee
John Wehmeier Wisconsin Utilities Association
Bob Willder Wisconsin Agri-Service Association
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The rules will affect any business involved with the design, construction, installation, operation, inspection, repair or maintenance of liquefied petroleum gas systems, liquefied natural gas systems, compressed natural gas systems, gaseous hydrogen systems or liquefied hydrogen systems.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules require some additional plan submittal information to be provided to the Department for those gas system installations that require plan approval.
The rules contain a new requirement for reporting of accidents whenever gas system equipment or system components fail and cause injury to any person.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the rules.
Fiscal Impact
The Safety and Buildings Division is responsible for administering and enforcing the current rules for gas systems. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing those rules. Any additional workload as the result of adding gaseous hydrogen and liquefied hydrogen will be handled by existing staff. It is estimated that 2 plans for hydrogen systems will be submitted for review on an annual basis. This will result in a revenue increase of $480 per year, assuming 4 hours per plan for review at $60 per hour. Therefore, the proposed rules will not have a significant fiscal effect on the Division.
Local municipalities may voluntarily enforce the rules for gas systems, and they have the authority to offset any costs by charging appropriate fees.
The proposed rules will not have a significant fiscal effect on the private sector. The anticipated costs that will be incurred by the private sector are the plan review and site inspection fees as the result of adding gaseous hydrogen and liquefied hydrogen to chapter Comm 40.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Notice of Hearing
Financial Institutions - Securities
NOTICE IS HEREBY GIVEN that pursuant to section
551.63 (1) and
(2), Stats., the Division of Securities of the Department of Financial Institutions will hold a public hearing at 345 West Washington Avenue, 4
th Floor Conference Room, at 3:00 PM. on Wednesday,
August 11, 2004 to consider the repeal and recreation and the amendment of certain Wisconsin Securities Law investment adviser licensing rules relating to custody of customer funds and/or securities.
Analysis Prepared by the Department of Financial Institutions, Division of Securities
Explanation of agency authority:
The agency has authority to license and regulate the business conduct of securities investment advisers doing business with Wisconsin customers. That authority includes the ability to establish rules for the conduct of business by investment advisers [551.33(6)], and to cooperate with the securities administrators of other states as well as the U.S. Securities & Exchange Commission (“SEC") to achieve uniformity in regulatory requirements [551.32(1s) and 551.63(2)].
Related statute or rule: DFI-Sec 5.035, Wis. Adm. Code.
Plain language analysis
The rulemaking procedures under Chapter
227 of the Wisconsin Statutes are being implemented for the purpose of replacing Wisconsin's existing Securities Law rule requirements applicable to Wisconsin-licensed investment advisers that have custody of customer funds and/or securities, with amended Model Rules on that subject recently developed and adopted by the North American Securities Administrators Association (“NASAA").
Current rule DFI-Sec 5.035, Wis. Adm. Code, under the Wisconsin Securities Law sets forth the regulatory requirements for state-licensed investment advisers who have custody of customer funds or securities. In 1999, NASAA previously developed Model.
Investment Adviser Custody Rules that could be used by any state jurisdiction in connection with their regulation of state-licensed investment advisers. (Wisconsin's current rule DFI-Sec 5.035, amended most recently in 2000, incorporated some of the elements of the NASAA Model Rules.)
Summary of, and comparison with existing or proposed federal regulations:
Recently, the U.S. Securities & Exchange Commission adopted for effectiveness on September 25, 2003, amendments to the federal custody rule under the Investment Advisers Act of 1940 applicable to federally-registered investment advisers. However, pursuant to the National Securities Markets Improvement Act of 1996, such federal changes are not applicable to investment advisers licensed solely in state jurisdictions.
The amended SEC rules for the first time define “custody" and require federally-registered advisers having “custody" to maintain client funds or securities with a "qualified custodian." Because the prior NASAA Model Rules were drafted based on the predecessor federal rules that did not contain a definition of custody, the September 2003 federal custody rule changes necessitated changes in the NASAA Model rules to provide needed uniformity on that issue between the regulation of federal-registered and non-federal registered investment advisers, as well as to provide equivalent levels of investor protection.
Accordingly, the NASAA Investment Adviser Regulatory Policy and Review Project Group was charged with developing amendments to the NASAA Custody Rules to bring them into alignment with the September 2003 federal custody rule. That Project Group completed its development of needed amendments to the NASAA Custody Rules, and those amendments were adopted by vote of the NASAA state member jurisdictions at the 2004 NASAA Spring Conference in Washington D.C. on April 18, 2004.
Comparison with rules in adjacent states:
Similar to Wisconsin, the adjacent states of Iowa, Illinois and Minnesota have existing regulatory requirements for state licensed investment advisers that have custody over customer funds and/or securities based on the NASAA Model Custody Rules as they existed prior to the recent April 2004 amendments. Michigan does not have any custody rules because their regulations prohibit investment advisers from having custody of customer assets. Among the Midwest states in this region, Wisconsin is the first state to commence adoption of the newly-amended NASAA Custody Rules.
Summary of factual data and analytical methodologies:
No factual data or analytical methodologies were used because the proposed rules are revisions/amendments to existing Wisconsin Securities Law regulatory requirements applicable to Wisconsin-licensed investment advisers having custody of customer assets, and are necessary to reflect parallel changes recently made at the federal level to federally-regulated investment advisers.
Analysis and supporting documentation used to determine effect on small business:
Because the proposed rules are revisions/amendments to existing Wisconsin Securities Law regulatory requirements applicable solely to Wisconsin-licensed investment advisers having custody of customer assets -- which requirements those licensees should already be in compliance with -- the proposed rules will not have an effect on "small-business" in general (outside the investment advisory business). Also, see the Initial Regulatory Flexibility Analysis below.
A summary of the proposed rules follows:
1. The NASAA Project Group determined that amendments were required to five NASAA Model Rules pertaining to Custody. Accordingly, substantive amendments were made to the Asset Audit Rule [Rule 102(e)(1)-1], a books and records-related rule [Rule 203(a)2], and to the Minimum Financial Requirements for Investment Advisers rule [Rule 202(d)-1]. Less substantive amendments were made to a separate rule regarding bonding requirements [Rule 202(e)-1, and an Unethical Practices provision [Rule 102(a)(4)-1]. The April 2004 amended NASAA Model Custody Rules incorporate the changes to all five of those rules and will be included in a repealed and re-created rule DFI-Sec 5.035, Wis. Adm. Code.
2. The existing Wisconsin rule defining “custody" in DFI-Sec 1.02 (17), Wis. Adm. Code, will be amended.
3. The existing Wisconsin net capital rule in DFI-Sec 5.02 (2), Wis. Adm. Code, applicable to investment advisers having custody of customer assets will be amended.
4. The existing Wisconsin rule in DFI-Sec 5.03 (2), Wis. Adm. Code, prescribing certain books and recordkeeping requirements for investment advisers having custody of customer assets will be repealed and re-created.
5. The existing Wisconsin business practices rule in DFI-Sec 5.06 (12), Wis. Adm. Code, applicable to investment advisers having custody of customer assets will be amended.
Initial Regulatory Flexibility Analysis
Types of small businesses that could be affected by certain of the rule revisions are:
1. Investment adviser licensees under the Wisconsin Securities Law with fewer than 25 full-time employees who meet the other criteria of sec. 227.114(l)(a), Wis. Stats. The proposed revisions to the securities investment adviser custody requirements will be applicable equally to all licensed investment advisers because the requirements involved are for the protection and benefit of all Wisconsin customers of those firms. All Wisconsin customers of Wisconsin-licensed securities investment advisers are entitled to the public investor protection benefits of the licensing requirements and Rule of Conduct provisions, irrespective of the size of the firm providing the investment advisory services. Under the rule-making procedures used by the Division of Securities, a copy of the proposed rules is mailed to each investment adviser licensed or notice-filed in Wisconsin, as well as to each broker-dealer licensed in Wisconsin, notifying them of the proposed revisions and soliciting written comments or attendance at the public hearing regarding the proposed rules.
Also, repeating what was stated in a preceding section, because the proposed rules are revisions/amendments to existing Wisconsin Securities Law regulatory requirements applicable solely to Wisconsin-licensed investment advisers having custody of customer assets -- which requirements those licensees should already be in compliance with -- the proposed rules will not have an effect on "small-business" in general (outside the investment advisory business).
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
See numbered Item 4 of the Summary above.
Fiscal Estimate Summary
A summary of the fiscal effects of the proposed rule revisions is as follows: (i) No one-time revenue fluctuations; (ii) No annual fiscal effects; (iii) No long-range fiscal implications; (iv) No fiscal effect on local units of government.
Contact Person
A copy of the full text of the proposed rule revisions and fiscal estimate may be obtained from:
Randall E. Schumann (608) 266-3414
Legal Counsel for the Division of Securities
Department of Financial Institutions
345 West Washington Avenue, 4th Floor
P. O. Box 1768
Madison, WI 53701
Place where comments are to be submitted and deadline for submission:
Written comments in lieu of public hearing testimony may be submitted which must be received no later than the hearing date and should be addressed to the Administrator of the Division of Securities, 345 West Washington Avenue, PO Box 1768, Madison Wisconsin, 53701.
Notice of Hearings
Health and Family Services
(Community Services, Chs.
HFS 30—)
(Medical Assistance, Chs.
HFS 100—)
Notice is hereby given that pursuant to ss.
227.16 (1),
227.17,
227.18, and
227.24 (4), Stats., the Department of Health and Family Services will hold public hearings to consider the proposed permanent rules and emergency rules amending s.
HFS 107.13 (2) (c) 5., and
(4) (c) 4., and creating ch.
HFS 36, ss.
HFS 105.257 and
107.13 (6) (b) 4., and
(7), relating to standards for certification and criteria for determining the need for psychosocial rehabilitation services, and other conditions of coverage of community-based psychosocial rehabilitation services under the medical assistance program.
The Department anticipates that the emergency rules will take effect on July 1, 2004.
Hearing Information
The public hearings will be held:
Date & Time Location
July 6, 2004 SRO Room 176
Tuesday 2917 International Lane
10:00 a.m. to 1:00 p.m. Madison, WI
July 7, 2004 WRO Room 123
Wednesday 610 Gibson Street
10:00 a.m. to 1:00 p.m. Eau Claire, WI
July 8, 2004 NERO Room 152 A
Thursday 200 N. Jefferson Street
10:00 a.m. to 1:00 p.m. Green Bay, WI
The hearing sites are fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a 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 given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments, on both the proposed permanent rules and the emergency rules, may be submitted in lieu of attending a public hearing, by regular mail or email to the contact person listed below. Written comments for the proposed permanent rules and the emergency rules may also be submitted using the Wisconsin Administrative Rules website at the web address listed below.
The deadline for submitting comments on both the proposed permanent rules and the emergency rules is 4:30 p.m., July 13, 2004.
Analysis Prepared by the Department of Health and Family Services
The Department proposes to establish the scope of community-based psychosocial rehabilitation services programs, standards for certification and criteria for determining the need for psychosocial rehabilitation services, and other conditions of coverage of community-based psychosocial rehabilitation services under the medical assistance program as authorized by ss.
49.45 (30e) and
51.42 (7) (b), Stats. The Department anticipates that the rules created will complement services provided by existing community support programs under s.
51.421, Stats., by making a fuller array of mental health and substance-use and addiction disorder services potentially available to those in need in each county or tribe. The Department further anticipates that the rules will allow for the creation of a broad range of flexible, consumer-centered, recovery-oriented psychosocial rehabilitation services to both minors 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 rehabilitation services programs that meet the requirements of s.
49.45 (30e), Stats., and the proposed ch.
HFS 36 and applicable requirements or chs.
HFS 105 and
107 may be fully or partially funded by medical assistance with county or tribal match. These programs may also coordinate with other existing funding sources.
Fiscal Estimate
This order implements a new mental health program created under s.
49.45 (30e) (b), Stats., by
1997 Wisconsin Act 27. The Act 27 provision allows counties to receive federal Medical Assistance (MA) funding for services to individuals with mental health problems that require more than outpatient services and less than Community Support Program services. Counties receive the federal funding if they supply the state match funding. These individuals with mental health problems are now being served by counties under case management services, which provide limited reimbursement from MA, with the state match provided by county and state Community Aids. Many of the case management clients require additional treatment and rehabilitation services that are not covered under the targeted case management provisions of MA. This new mental health program will allow coverage by the MA program for these services if the county elects to allocate the funding. The net effect should be an increase in federal revenue to the State and counties for providing services that are presently funded completely by Community Aids and county tax levy.
The Bureau of Quality Assurance (BQA) with the Division of Health Care Financing certifies, licenses and surveys approximately 46 kinds of health care and residential programs in the State of Wisconsin. BQA has identified the following workload and cost increases related to the implementation of this rule. Since this is a new program, BQA Program Certification staff would be required to certify county community-based psychosocial service programs to receive this new MA reimbursement. BQA estimates that an additional 72 surveys (taking 14 hours to complete) and 5 complaint surveys (taking 6.5 hours to complete), would entail an additional 1.00 FTE's worth of work at a total cost of $60,200 all funds. The costs would be split funded 25% PRO ($15,100) and 75% FED ($45,100), since certifying, licensing and surveying are considered MA-billable functions. Also, given the current number of county programs, BQA estimates that 6 counties (at most) would see a $50 fee increase. Since the Department intends to absorb the additional workload related to the implementation of this rule, this rule will not affect revenues or expenditures beyond what was already assumed in Act 27.
Effect on Small Business
There will be no adverse affect on small businesses. If psychosocial rehabilitation services currently are being provided, then the individual consumer or the county of responsibility is paying for the cost of the services. This rule will permit the county of responsibility to use their existing funds that are being expended for these services as the required match to the federal portion of Medicaid funding (federal financial participation or FFP). The increase in available funding may result in an increase in revenues for a local small business if the county and the consumer select the business as a provider of a component of the psychosocial rehabilitation services for the consumer.
For More Information
A copy of the full text of the rules and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov. At this website you can also register to receive email notification whenever the Department posts new information about this rulemaking and, during the public comment period, you can submit comments on the rulemaking order electronically and view comments that others have submitted about the rule.
A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting the Department's representative listed below:
Sally Raschick
Bureau of Mental Health and Substance Abuse Services
1 West Wilson Street
P.O. Box 7851
Madison, WI 53707-7851
(608) 261-9313 or, if you are hearing impaired,
(608) 261-9314 (TTY)
Notice of Hearing
Health and Family Services
(Medical Assistance, Chs.
HFS 100—)
Notice is hereby given that, pursuant to ss.
49.688, Stats., the Department of Health and Family Services will hold a public hearing to consider revisions to ch.
HFS 109, Wis. Adm. Code, relating to operation of the SeniorCare prescription drug assistance program.
Hearing Information
The public hearing will be held:
Date & Time Location
June 30, 2004 Room 751
Wednesday State Office Building
From 10:00 AM to Noon 1 West Wilson St.
Madison WI
The hearing site is fully accessible to people with disabilities. Parking that accommodates people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
SeniorCare is Wisconsin's Prescription Drug Assistance Program for Wisconsin residents who are 65 years of age or older and who meet eligibility requirements. The Department administers the program under ch.
HFS 109.
2003 Wisconsin Act 33 revised the following cost sharing provisions of SeniorCare:
- It increased the annual enrollment fee from $20 to $30.
- It increased annual program deductibles for persons whose family income is more than 200% of the federal poverty level from $500 to $850.
Through this order, the Department proposes to revise ch.
HFS 109 to conform to these statutory changes.
Contact Person
To find out more about the hearings or to request a copy of the proposed rules, you may write, phone, or e-mail:
Alfred Matano
Division of Health Care Financing
P.O. Box 309, Room 350
Madison, WI 53701-0309
608-267-6848 or, if you are hearing impaired,
608-266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at a 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 emergency rules received at the above address no later than July 16, 2004 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
Since the provisions of this rule have already been budgeted in Act 33 and implemented, the proposed rule will have no budgetary or fiscal effect. The FY03-05 biennial budget bill, Act 33, increased the SeniorCare enrollment fee from $20 to $30 and increased the deductible for individuals with incomes over 200% of the FPL to $850.
It is estimated that increasing the annual enrollment fee from $20 to $30 will reduce SeniorCare funding by $772,500 (-$419,200 GPR, -$353,300 FED) in FY04 and $720,900 (-$410,700 GPR, -$310,200 FED) in FY05 and increase program revenues by $772,500 PR in FY04 and $720,900 PR in FY05.
Increasing the deductible from $500 to $850 for recipients with incomes over 200% is estimated to reduce SeniorCare funding by $5,659,700 (-$4,255,400 GPR and -$1,404,300 PR) in FY04 and $8,016,500 (-$6,069,600 GPR and -1,946,900 PR) in FY05.
Initial Regulatory Flexibility Analysis
The rules for the SeniorCare program apply to the Department, to families that are applicants or recipients of the health care coverage provided by SeniorCare and to county social service or human service departments that take applications and determine eligibility for SeniorCare. The Department is proposing these rule changes pursuant to statutory changes made by the legislature through
2003 Act 33. None of these changes affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Health and Family Services
Notice is hereby given that pursuant to ss.
227.16 (1),
227.17 and
227.18, Stats., the Department of Health and Family Services (DHFS) will hold a public hearing to consider proposed changes to chapters HFS 132 and 134, relating to nursing homes and facilities for the developmentally disabled.
Hearing Information
The public hearing will be held:
Date & Time Location
June 30, 2004 Room B139, DHFS
Wednesday 1 West Wilson Street
9:00 AM – 11:00 AM Madison, WI
The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a 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 given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Deadline for Comment Submission
Written comments for this rule that are submitted using the Department's website or which the Department receives by mail or email to the contact person listed below, no later than 4:30 p.m., Wednesday, July 7, 2004 will be given the same consideration as testimony presented at the hearing.
Purpose of Rulemaking
This proposed rulemaking order contains a variety of revisions to ch.
HFS 132, relating to the licensure and regulation of nursing homes and ch.
HFS 134, relating to the licensure and regulation of facilities serving people with developmental disabilities. Both of these chapters have not been substantially revised for over 10 years. These administrative rule chapters have many similar requirements and both are administered by the Department's Bureau of Quality Assurance. Given the similarity of provisions in both chapters, the Department proposes to promulgate these rule modifications through a single “long-term care" facility rulemaking order.
The Department is proposing these changes for several general reasons. First, the Department wants to modify some errors and ambiguities in the existing rules that have little or no substantive effect on entities regulated under these chapters. Second, it wants to eliminate rules that have become outdated due to changes in federal regulations or related state or federal laws. Third, some existing policies in these rules need to be updated to recognize changes in service delivery and technology. For example, the proposed language for the “Resident and Staff Communication" section replaces the prescriptive requirements of the conventional hard-wired nurse call system. The new language incorporates a generic allowance to provide a means for residents to communicate with facility staff that can be activated from the residents' rooms. The Department will also be encouraging nursing facilities to adopt modern design and new program concepts by proposing to eliminate the requirement for a centralized nurse station. Another example is the Department's proposal for new standards for pain management issues. Currently, no federal regulations specifically address pain management issues. Adopting rules that reflect and expand on current knowledge in this area will facilitate a nursing home's ability to better meet the needs of its residents. Fourth, the Department wants to eliminate overly prescriptive rules where possible. Finally, the Department is striving to make the rules more reflective of and compatible with comparable federal regulations.
Statutory Authority
The Department's authority to amend and create these rules is found in s.
50.02 (2) (a), Stats.
Statutes Interpreted
Fiscal Estimate
Generally the rule changes relieve regulatory requirements, eliminate rules and expand definitions. It is assumed that easing and/or eliminating rules would have a positive effect on the regulated entity.
The proposed s.
HFS 132.46 (7) requires nursing homes to create a 'Quality Assessment and Assurance Committee' of at least 5 members to meet quarterly. This appears to add a modest administrative task however, this increase will be offset with the repealing of s.
HFS 132.65 (3) (a) that required a Pharmacy committee.
The proposed s.
HFS 132.82 and
134.82 (1) adopts the federal Life Safety Code 2000. These standards may require some facilities to make repairs/upgrades. However, the rules provide an alternative solution to avoid costs to the facilities.
The fiscal impact on small business as defined in s.
227.114 (1), Stats., is listed as having no fiscal impact on the private sector. Available department statistics show only 2 of the current 443 licensed nursing homes and FDDs as small business entities and it is indeterminate if the rule changes will affect those 2 facilities.
Effect on Small Business
The fiscal impact on small business as defined in s.
227.114 (1), Stats., will be minimal. As described previously in this order, the majority of the proposed rule revisions either eliminate rules and prescriptive language, expand and update definitions for current terminology, or ease an existing standard. In addition, no new anticipated small business impact will be associated with the parallel Wisconsin proposed adoption of the 2000 edition of the Life Safety Code.
For More Information
A copy of the full text of the rule and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov. At this website, you can also register to receive email notification whenever the Department posts new information about this rulemaking. During the public comment period, you can submit comments on the rulemaking order and view comments that others have submitted about the rule.
A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting:
Cheryl Bell-Marek, Quality Assurance Program
Specialist-Senior
Department of Health and Family Services
Bureau of Quality Assurance
1 West Wilson Street, Room 950
P.O. Box 2969
Madison, WI 53701-2969
phone: 608-264-9896, fax: 608-267-7119
