Written comments may be submitted at the public hearing or in lieu of attending a public hearing, written comments can be submitted by regular mail or email to the contact person listed below. Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet website at the web address listed below.
Deadline for Comment Submission
The deadline for submitting comments is 4:30 p.m., on July 26, 2004.
Analysis Prepared by the Department of Health and Family Services
Using a legislative appropriation, the Wisconsin Chronic Disease Program (WCDP) reimburses health care providers for disease-related services provided to individuals with one of the following three illnesses: chronic renal disease; hemophilia; and cystic fibrosis. Because the benefit program requirements associated with each illness vary, the Department has established three individual chapters of administrative rules to administer the WCDP benefit program: chapters HFS 152 (chronic renal disease); 153 (hemophilia); and 154 (cystic fibrosis.) In the most recent biennial budget,
2003 Wisconsin Act 33, the Wisconsin Legislature and the Governor made a number of changes to the statutes that authorize the WCDP. These statutory changes require the Department to modify the three chapters of administrative rule so that they are once again consistent with and responsive to the statutes under which the WCDP benefit program operates.
Act 33 made several changes to the benefit programs, all of which are designed to allow the Department to contain the programs' costs:
1. It expanded the requirement that program beneficiaries must apply for other benefits provided under other health care coverage programs they may be eligible for before receiving benefits under WCDP, and authorized the Department to specify in rules what those other health care coverage programs are.
2. It instituted a statutorily-required prescription drug co-payment requirement for all 3 programs. The co-payment amount is $7.50 for each generic drug and $15 for each brand name drug. These amounts are currently $5 and $10, respectively, in chs.
HFS 152,
153 and
154.
3. It established the requirement that persons whose family income is at or above 200% of the poverty line must pay a portion of their family income towards their care before the Department pays any benefits. The proportion a person must pay increases with the increase in family income.
4. It authorizes the Department to adopt managed care methods of cost containment for each of the three programs.
5. Under the chronic renal disease program, it requires health care providers to accept the Department's payment to them as payment in full, and prohibited providers from billing patients for charges above the amount paid by the Department.
A separate piece of legislation,
2003 Wisconsin Act 198, authorized the Department to waive the requirement that persons must apply for other health care coverage programs before applying for benefits under the financial assistance program for persons with hemophilia and other related congenital bleeding disorders.
Through this rulemaking order, the Department is proposing to reflect in chs.
HFS 152,
153 and
154 these changes made by Acts 33 and 198 to the WCDP. Finally, the proposed rulemaking order clarifies that eligibility for benefits terminates under certain circumstances, such as death of the patient, and clarifies the limited circumstances under which retroactive eligibility is available under the chronic renal disease program.
Effect on Small Business (Initial Regulatory Flexibility Analysis)
The three chronic disease programs provide health care benefits to individuals. This rulemaking order does not have any foreseeable impact on small businesses.
Fiscal Estimate
This administrative rule revision implements changes in the biennial budget bill,
2003 Wisconsin Act 33. Provisions in Act 33 increased drug co-payments and the income deductibles which patients are required to pay before becoming eligible for WCDP. Act 33 also required individuals applying for the program to apply first to other health insurance programs for which they might be eligible and required to Department to use managed care methods for cost containment in the WCDP. Act 33 assumed savings in WCDP as the result of these provisions. There should be no additional fiscal effect as the result of this rule.
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:
Alfred Matano
Division of Health Care Financing, Bureau of Fee-for-Service Health Care Benefits
P.O. Box 309, Room 350
Madison, WI 53701-0309
(608) 267-6848 or, if you are hearing impaired, (608) 266-1511 (TTY)
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.041 and
29.197, 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 2004 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 60-day seasons. The zones are subject to change based on public feedback and approval by the U.S. Fish and Wildlife Service. Under current U.S. FWS rules, a zone change is not allowed until 2006. The daily bag limit is expected to be 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 and pintail seasons may again be shorted than the 60-day season.
Canada geese – The state is apportioned into three goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, Rock Prairie and the Mississippi River. Season length are expected to be as follows: Collins Zone – 67 days; Horicon Zone – 95 days; Exterior Zone – 95 days; and Mississippi River Subzone – 70 days.
Youth hunt – The Canada goose bag limit is established for the youth waterfowl hunt and two 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 2, 2004 Basement Auditorium, Admin. Ctr.
Monday at 7:00 p.m. 400 4th Street North
La Crosse
August 3, 2004 University of Wisconsin
Tuesday at 7:00 p.m. Experimental Farm
W6646 Hwy. 70
Spooner
August 4, 2004 Room 310, Green Bay City Hall
Wednesday at 7:00 p.m. 100 N. Jefferson Street
Green Bay
August 5, 2004 Comfort Suites,
Thursday at 7:00 p.m. N14 W24121 Tower Place
(Hwy. J & I-94)
Pewaukee
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 Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Impact
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.
Written comments on the proposed rule may be submitted to Mr. Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than August 5, 2004. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Horn.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
(Water Regulation, Chs.
NR 300—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.01 (1am),
30.12 (1p) (a) 3. and
(2m),
30.123 (6m) and
(6s),
30.20 (1k) (a) 2. and
(1m),
30.206 (1) (c),
(3) and
(3r) and
227.11 (2), Stats., interpreting ss.
30.01 (1am),
30.12 (1p) and
(2m),
30.123 (6m) and
(6s),
30.20 (1k) and
(1m),
30.206 (1) (c),
(3) and
(3r), Stats., the Department of Natural Resources will hold public hearings on the creation of ss.
NR 1.016,
1.05,
1.06 and
1.07, Wis. Adm. Code, relating to Natural Resources Board policies on protection and management of public waters.
2003 Wisconsin Act 118 modified provisions in ch.
30, Stats., governing the regulation of activities in Wisconsin's navigable public waters. The purpose of this rule is to establish policy guiding the Department's actions as a trustee of public waters and to set the process the Department will follow when determining waters to be Areas of Special Natural Resource Interest (ASNRI), waters or portions thereof containing Public Rights Features (PRF) and Priority Navigable Waters (PNW).
The proposed rule creates s.
NR 1.05 (Areas of Special Natural Resource Interest) establishing board policy, describing qualities of waters with significant scientific value and identifying the ASNRI waters; s.
NR 1.06 (Public Rights Features) identifying characteristics of locations of critical habitat, natural features and similar physical attributes essential to maintaining public rights; and s.
NR 1.07 (Priority Navigable Waterways) identifying qualities of waters with sensitive fish and aquatic habitat and listing the PNW.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
30.12 (1p),
30.123 (6s),
30.20 (1k),
30.206,
30.208,
30.209,
30.28,
30.291,
30.298,
227.11 (2),
281.22,
281.36 and
281.37, Stats., interpreting ss.
30.10 to
30.27, 30,291,
31.02 to
31.38,
281.22,
281.36 and
281.37, Stats., the Department of Natural Resources will hold public hearings on the repeal of ch.
NR 322, revisions to ch.
NR 300 and the creation of ch.
NR 310, Wis. Adm. Code, relating to timelines and procedures for exemptions, general permits and individual permits for activities in navigable waterways.
2003 Wisconsin Act 118 modified provisions in ch.
30, Stats., governing the regulation of activities in Wisconsin's navigable public waters. The legislation establishes a new regulatory framework where activities are either:
1. Authorized as exemptions;
2. Allowed under a general permit through rules adopted by the Department; or.
3. Reviewed under an individual permit process.
The legislation also modifies timelines for permit processing. The purpose of these rule changes is to establish clear procedures and timelines for the processing of exemption, general permits and individual permits under the revised law. Changes include:
•
DNR must determine whether an application is complete within 30 calendar days (was 60 days)
•
DNR must act on a general permit within 30 calendar days or the permit is presumptively approved (previously there were no general permits).
•
DNR must make a final determination on individual permits not requiring a public notice within 105 calendar days (was generally 120 days).
•
DNR must make a final determination on individual permits requiring a public notice within 150 calendar days (was generally 180 days).
•
DNR must make determinations on exemption requests that grant permission to inspect the property within 15 days or the exemption is presumptively approved (previously there were not exemption determination requests).
Chapter NR 322 is repealed to eliminate an obsolete rule on general permits. It is replaced by ch. NR 310 which establishes specific procedures used for exemptions, general permits and individual permits. These processes were written to be in strict conformance with procedures and timelines established in Act 118. The most complex changes are in the public notice and hearing process that was significantly changed by the statute. Important changes include:
•
Individual permits are required for all activities which are not exempt and not covered by a general permit. A 30-day public notice is now required for all individual permits.
•
The applicant will be responsible for providing adequate written notice to all interested persons and publishing the public notice.
•
A public hearing option is added before the DNR's decision, which is then subject to an administrative hearing.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
30.12 (1),
(1p) and
(3) (br), 30.123 (6s) and
227.11 (2), Stats., interpreting ss.
30.12 (1),
(1g) (a),
(c) and
(d),
(1p),
(2m),
(2r),
(3) and
(3m) and
30.20 (1g) (b) 2., Stats., the Department of Natural Resources will hold public hearings on the repeal and recreation of ch.
NR 323, Wis. Adm. Code, related ti fish and wildlife habitat structures in navigable waterways.
2003 Wisconsin Act 118 modified provisions in ch.
30, Stats., governing the regulation of activities in Wisconsin's navigable public waters. The legislation establishes a new regulatory framework where activities are either authorized as exemptions; allowed under a general permit through rules adopted by the Department; or reviewed under an individual permit process. This rule establishes standards for fish and wildlife structures that can be placed with an exemption or under a general or individual permit .
This rule establishes construction, design and placement standards for projects to be eligible for statutory exemptions, establish general permits and to establish standards for projects that may be authorized under an individual permit. Chapter
NR 323 defines and described design standards for half a dozen commonly used fish habitat structures that would qualify for exemptions in all waters other than "areas of special natural resources interest" and establishes general permits for those same projects in “areas of special natural resources interest". These include: fish cribs, fish spawning reefs, wing deflectors, tree drops, half log structures and wildlife nesting structures.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
30.121 and
227.11 (2), Stats., interpreting s.
30.121, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 325, Wis. Adm. Code, relating to boathouses and fixed houseboats in navigable waterways.
2003 Wisconsin Act 118 modified provisions in ch.
30, Stats., governing the regulation of activities in Wisconsin's navigable public waters. The legislation establishes a new exception from the prohibition on over-the-water boathouse construction, for commercial boathouses that meet certain requirements. The purpose of this rule revision is to modify the existing rule to reflect the new and existing exception allowed under the statute, and to establish standards and clear procedures for obtaining certification of boathouse repair, or certification that a project is eligible for a statutory exception.
•
Renumber sections to provide a more logical flow
•
Repeal s.
NR 325.06 relating to exemptions, which is obsolete based on statutory changes
•
Establish a procedure in s.
NR 325.07(5) that all certifications must be recorded with the Register of Deeds, to inform future property owners.
•
Establish a procedure in s.
NR 325.08 for obtaining certification that a project qualifies for an exception; the procedure is comparable to the existing procedure for repair certification.
