Scope Statements
Health and Family Services
Subject
The proposed rules amend ch.
HFS 115, relating to screening of newborns for congenital and metabolic disorders.
Policy Analysis
The early identification of particular congenital and metabolic disorders that are harmful or fatal to persons with the disorders is critical to mitigating the negative effects of such disorders. Therefore, Wisconsin Statute 253.13 requires that every infant born be subjected to blood tests for congenital and metabolic disorders, as specified in administrative rules promulgated by the Department; however, parents may refuse to have their infants screened for religious reasons. The Department has issued ch.
HFS 115, Screening of Newborns for Congenital and Metabolic Disorders, to administer this statutory requirement. Currently, s.
HFS 115.04 lists 13 congenital and metabolic disorders and types of disorders, for a total of 47 different disorders, for which the state hygiene laboratory must test newborn blood samples.
In determining whether to add or delete disorders from the list under s.
HFS 115.04, s.
HFS 115.06 directs the Department to seek the advice of persons with expertise and experience concerning congenital and metabolic disorders. For this purpose, the Department has established the Wisconsin Newborn Screening Umbrella Advisory Group. Section
HFS 115.06 also lists 6 criteria on which the Department must base its decision to add or delete disorders from s.
HFS 115.04. These criteria are as follows:
1. Characteristics of the specific disorder, including disease incidence, morbidity, and mortality.
2. The availability of effective therapy and potential for successful treatment.
3. Characteristics of the test, including sensitivity, specificity, feasibility for mass screening and cost.
4. The availability of mechanisms for determining the effectiveness of test procedures.
5. Characteristics of the screening program, including the ability to collect and analyze specimens reliably and promptly, the ability to report test results quickly and accurately and the existence of adequate follow-up and management programs.
6. The expected benefits to children and society in relation to the risks and costs associated with the testing for the specific condition.
In consideration of these criteria, the Wisconsin Newborn Screening Advisory Umbrella Advisory Group has recently recommended the Department add the condition known as Severe Combined Immunodeficiency (SCID) and related conditions of immunodeficiency to the 13 disorders and types of disorders currently screened for and listed in s.
HFS 115.04. Persons with SCID are extremely vulnerable to infections, to the degree that the condition is universally fatal without treatment within the first year of life. With an estimated prevalence of 1 in 66,000, and a Wisconsin annual birth rate around 71,000, the failure to screen for SCID could result in the death of 1-2 infants in the state every year.
When SCID and related conditions of immunodeficiency are permanently added to those disorders and types of disorders listed in s.
HFS 115.04, follow-up and management will be conducted by both specialists and primary care physicians. Families of infants will receive intensive counseling and be fully apprised of treatment options and availability. The Wisconsin Congenital Disorders Program will be responsible for coordinating the activities of the managing specialists, but will not provide direct patient care.
This rule change would add SCID and related conditions of immunodeficiency to the 13 disorders and disorder types currently screened for under s.
HFS 115.04. All newborn screening tests are currently paid for by user-generated fees. The State Laboratory of Hygiene charges hospitals $69.50 for each newborn screening sample collection card. Hospitals in turn charge parents for newborn screening, which is typically included in the labor and delivery bill and covered by the mother's insurance. The cost of adding SCID to the newborn screening panel will be supported by grant funds through 2008 at least. In years 2009, 2010, 2011 and 2012, the Wisconsin State Laboratory of Hygiene and Division of Public Health will actively seek additional grant funding in order to continue screening for SCID and related conditions of immunodeficiency at no cost to the state. However, such outside funding is not guaranteed. Thus, perhaps as early as January 1, 2009, the cost of the newborn screening sample card will need to be increased. The increase is currently estimated to be $5.52, which would result in a new total cost of approximately $75.00 per child screened. The annual cost of screening for SCID in Wisconsin, based on the additional $5.50 per child, would be approximately $387,000 when grant funding is completed and user-generated fees begin covering costs (anticipated sometime between 1/1/09 and 1/31/13). In the absence of this screening, babies who are undiagnosed or diagnosed late with SCID typically cost $1-2 million each to treat (This figure is based on audited costs from Children's Hospital of Wisconsin, the facility which treats children with SCID, but without benefit of early diagnosis.) Babies with SCID, diagnosed in the first week of life can be cured by bone marrow transplantation (estimate 75-95% cure rate) at a charge of $170,000/discharge (2005 J Peds, McGhee et.al.). In treating infants with SCID and related conditions of immunodeficiency, the state would not assume responsibility for the bone marrow transplantation, since the Congenital Disorders Program historically pays only for initial follow-up visits and confirmatory testing. It is expected that the savings to Medicaid may be substantial for each eligible affected child receiving early diagnosis.
The Advisory Group also recommended the Department begin screening newborns for SCID and related conditions of immunodeficiency as soon as possible. Before the screening can begin, the Department needs to add these conditions to the list in s.
HFS 115.04. Therefore, it is proposed to put an emergency rule in effect first, to be followed by an identical proposed permanent rule to replace the emergency rule.
Statutory Authority
Entities Affected by the Rule
Wisconsin State Lab of Hygiene, hospitals, primary care physicians/pediatricians, families of infants born in the state of Wisconsin.
Comparison with Federal Regulations
There are no current federal regulations concerning newborn screening, nor are there any which specifically address screening newborn infants for the condition known as SCID.
Estimate of Time Needed to Develop the Rule
40-45 hours
Insurance
Subject
The rules affect ch.
Ins 3, relating to long-term care plans including the long-term care partnership program and affecting small business.
Objective of the Rule
To update the current administrative rule which was last revised in 2001 to comply with the National Association of Insurance Commissioners (NAIC) Model Act. Additionally, amendments are needed to comply with the requirements of the Center for Medicare and Medicaid Services (CMS) related to the Long-term Care Partnership program.
Policy Analysis
The current administrative rule was last revised in 2001 and is not fully compliant with the NAIC Model Act. Potential modifications to the long-term care rule include expanded reporting requirements, standards for marketing, suitability of products, and format changes to outlines of coverage. Additionally, modifications will be necessary in order to comply with
2007 Wis. Act 20 that created s.
601.415 (8), Stats. Modifications may include requirements related to the approval of training programs in compliance with the statute.
Statutory Authority
Entities Affected by the Rule
Insurers offering long-term care insurance products including the long-term care partnership program policies and insurance intermediaries that sell these products to consumers.
Comparison with Federal Regulations
The Office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Natural Resources
Subject
The Bureau of Wildlife Management recommends promulgating administrative rules that modify sections of chapters NR 1, 8, 10, 12, 15, 16, 17, and 19. These rule changes related to hunting, trapping, captive wild animals, dog training, nuisance animal removal and license issuance are minor and unlikely to be controversial. The intent of these rule changes is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. Specifically, these rules will expand the types of licenses which may be issued through the automated license system, update deer shooting permit language to be consistent with statutes, and correct and update deer hunting rule language. This rule also updates bear hunting zones, fur tagging regulations, the description of the Horicon Marsh Fur Farm, and corrects drafting errors and oversights related to dog training. Finally, this rule will clarify that tanning furs does not require a taxidermy license.
Policy Analysis
Every year the department promulgates a rule order that contains changes that are considered to be minor and non-controversial. This package, known as the annual housekeeping order, helps to correct inaccuracies and clarify existing regulations. Policy issues affected by this rule are ones which have already been addressed decided by previous rulemaking.
Statutory Authority
Entities Affected by the Rule
Groups and individuals who are likely to be interested in the outcome of these rule changes include hunters, trappers, dog trainers, license agents, and people who tan raw furs. However, because of the corrective and non-controversial nature of these changes no groups will be significantly impacted.
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Estimate of Time Needed to Develop the Rule
150 hours.
Agency Contact Person
Natural Resources
Subject
The Bureau of Wildlife Management recommends promulgating administrative rules modifying Chapter
NR 10 relating to establishing general rule authority for the department to open state trail properties to hunting by posted notice.
Policy Analysis
Legal interpretations have described Ice Age Trail properties and other trails as falling under the definition of state parks. Under s.
29.089, Stats., hunting is prohibited in state parks unless authorized by rule. This rule proposal would authorize hunting on state-owned portions of state trails and related property as posted by department signs.
Prior to the determination that trail properties are state parks, hunting has occurred at certain properties. This authority is necessary in order for hunting to continue on these areas. Additionally, some newly acquired properties are suitable for hunting and people have expressed a desire to allow that activity. This rule change will permit the DNR and NRB to be more responsive in managing hunting on state trail properties.
Hunting is currently allowed at some state parks and trails by rule but, where it is not allowed, all firearms must be unloaded and enclosed in case. This proposal would allow a person who is hunting on adjoining public or private property to cross a trail as long as the firearm is unloaded.
Statutory Authority
Entities Affected by the Rule
Groups likely interested in the outcome of these rule changes will be conservation and sporting interest groups as well as friends groups, hikers and users of the state trails in Wisconsin.
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Estimate of Time Needed to Develop the Rule
80 hours.
Agency Contact Person
Natural Resources
Subject
The Bureau of Wildlife Management recommends promulgating administrative rules modifying chapters NR 10 and 45 relating to hunting, trapping, and the use of public lands.
Policy Analysis
These rule changes are proposed for inclusion on the 2008 Spring Hearing questionnaire. Specifically, these rules would revise bobcat population goals, extend the pilot season for hunting turkeys with the aid of dogs, update trapping regulations in the fisher/marten closed areas, clarify trap-type regulations, and prohibit paintball activities on department managed lands.
These changes do not deviate from existing board policy. The proposed changes to hunting seasons, population goals, trapping equipment and methods, and the use of public lands are consistent with previous board actions and policies.
Statutory Authority
Entities Affected by the Rule
Trappers, bobcat hunters and trappers, turkey hunters, and users of public lands will be affected by these rules.
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Estimate of Time Needed to Develop the Rule
244 hours.
Agency Contact Person
Natural Resources
Subject
Modifications to portions of chapter NR 20, pertaining to fishing regulations on inland waters.
Policy Analysis
The Department is beginning the process of recommending changes to the Wis. Adm. Code relating to recreational fishing regulations. The Department anticipates requesting hearings on these changes in January, 2008, and holding approved hearings in April 2008.
Statutory Authority
Comparison with Federal Regulations
Authority to promulgate fishing regulations is granted to states. No federal regulations apply to the proposed changes in regulating recreational fishing activity.
Estimate of Time Needed to Develop the Rule
The Department anticipates spending approximately 300 hours in the rule development process.
Agency Contact Person
Joe Hennessy
Bureau of Fisheries Management and Habitat Protection
P.O. Box 7921
Madison, WI 53707
(608) 267-9427
Natural Resources
Subject
Section
NR 46.30, Forest Tax Program, annual timber stumpage rate changes; modifications to the definition of “ownership" under s.
NR 46.15 (23) to include trusts; revision of s.
NR 46.16 Managed Forest Law petition and entry packet information.
Policy Analysis
The issues needing to be addressed are routine and technical within the Forest Crop Law (FCL) and Managed Forest Law (MFL) program.
The Department is required to assess the value of cut wood products from FCL and MFL lands based on the current stumpage value schedule. Stumpage values are determined each year by surveying industry, private forestry consultants and DNR field staff on the prices obtained the previous year for wood products by species, product type, and zone. These values are recalculated annually using a weighted three-year average and published in NR 46.30. The stumpage value charts are used to determine severance and yield tax for participants in the Forest Tax Law programs. It is important to adjust these values annually so that landowners are not paying too much or too little in yield/severance tax. The monies collected are distributed to the municipalities within which the land is located to help offset reduced property taxes collected from these lands.
Under Wis. Admin. Code NR 46.15(23), the current definition of “`owner'" or `ownership' means one with an interest in the land in fee or in equity, including that of a grantee of a land contract prior to satisfaction of all conditions of the contract, or as established by statute. Under this definition, changes in ownership by owners converting their direct property interest to Trusts and other similar “will-substitutes" are not considered “transfers" under current interpretation of Wisconsin law. This prevents the effective administration of the Managed Forest Law program, by preventing direct notification of potential changes in controlling ownership of the Managed Forest Law property in question. A change in the definition that includes trusts and other similar entities would solve this problem by clearly establishing the need for an owner to document and record the transfer of interest with the Department's Forest Tax Law section.
Current petitions and entry packets have information and requirements which have become either duplicative, based on the subsequent management plan requirements, or unnecessary based on advances both in the technical capabilities of the Forest Tax Section's administrative capabilities and response times. The Department's changes will allow for faster turn around and entry into the Managed Forest Law program, and will result in a less burdensome and more customer friendly approach to the program.
Statutory Authority
Entities Affected by the Rule
All landowners, including farmers and forest industries, that have land entered under the Managed Forest Law or who wish to enter land under the Managed Forest Law.
Comparison with Federal Regulations
There are no known federal rules which apply to stumpage rates or the Managed Forest Law Program, nor to the Department's definition of “ownership" regarding trusts for similar forestry programs, or for Managed Forest Law entry packets and petition requirements.
Estimate of Time Needed to Develop the Rule
Approximately 117 hours will be needed by the Department.
Agency Contact Person
Kathryn Nelson
Section Chief, Forest Tax
Division of Forestry, Forest Management
P.O. Box 7921
Madison, WI 53707
(608) 266-3545
Natural Resources
Subject
Creation of chapter NR 52, relating to access on properties purchased in whole or in part
Objective of the Rule
The 2007-09 Biennial Budget (
2007 Wis. Act 20) reauthorized the Knowles-Nelson Stewardship Program (hereafter “Stewardship Program") with funding of $86 million per year beginning with fiscal year 2010-11 and ending with fiscal year 2910-20. In addition, this law now formally includes hunting, fishing, trapping, hiking, and cross-country skiing in the definition of “nature-based outdoor activity" – in addition to any other nature-based outdoor activity designated that the DNR might make by rule. Beginning on October 27, 2007, access for one or more nature-based outdoor activities may not be restricted on land acquired in whole or in part with Stewardship Program funds
unless the Natural Resources Board determines that the prohibition meets one of three conditions:
•
Protect public safety
•
Protect a unique animal or plant community
•
Accommodate usership patterns, as defined by rule by the department
The statutes require the creation of this new rule to address the prohibition process.
The new nature-based definition impacts both the Department's purchase of land as well as purchases made by nonprofit conservation organizations and local units of government using Stewardship Program grant funding.
This new rule is separate and distinct from the existing ch.
NR 51, titled “Administration of Stewardship Grants". Revisions to ch.
NR 51 will be addressed after the new Stewardship access rule is created.
Policy Analysis
Wisconsin's first Stewardship Program was created through
1989 Wis. Act 31 for the purpose of acquiring land to expand recreational opportunities and protect environmentally sensitive areas. In that act, the Legislature authorized $250 million of general obligation bonding (reduced to $231 million in
1995 Wis Act 27 to recognize $19 million in anticipated federal funding) for this purpose over a 10-year period, ending in fiscal years 1999-2000. The law allocated funding among 12 land acquisition and development sub-programs. Some sub-programs were extensions of land acquisition activities that existed prior to the Stewardship initiative and other sub-programs were newly-created.
1991 Wis. Act 343 renamed the Stewardship program the Warren Knowles-Gaylord Nelson Stewardship Program.
The Stewardship Program was reauthorized in
1999 Wis. Act 9 as the Warren Knowles-Gaylord Nelson Stewardship 2000 program. Under that Act, the state would be able to contract public debt in an amount not to exceed $460 million. The annual funding allotment under the program was set at $46 million, from fiscal years 2000-01 to 2009-10. Under
2001 Wis. Act 16, the bonding authorization was increased from $46 million to $60 million annually, beginning in fiscal year 2002-03 and continuing through the remainder of the program.
Pursuant to the requirements of the Stewardship 2000 program [See s.
23.0917 (4) (f), Stats.], the DNR defined “nature-based outdoor recreation" by rule. This definition appears in s.
NR 51.002 (19), Wis. Adm. Code, was effective on July 1, 2001, and has been in use for all Stewardship program grants issued since then.
Statutory Authority
Entities Affected by the Rule
•
Any party wishing to sell land to the DNR that will be purchased with Stewardship Program funds.
•
Any party wishing to sell land to a local unit of government or nonprofit conservation organization that will be purchased with grant funds from the Stewardship Program.
•
Any local unit of government or nonprofit conservation organization wishing to acquire land with grant funds from the Stewardship Program.
•
Any citizen, scientist, researcher, planner, educators, outdoor recreation enthusiast interested in the preservation of and public access to natural resources or the current or future disbursement of Stewardship Program funds.
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the issue of Stewardship Program access prohibitions.
Estimate of Time Needed to Develop the Rule
The department estimates that approximately 1000 hours of existing staff time will be needed to develop this new rule. This time includes meeting with the Stewardship Advisory Committee, collecting public input at listening sessions, drafting the rule, taking the rule to statewide public hearings, preparation for meetings with the Natural Resources Board, legislative review, and rule adoption.
Agency Contact Person
Mary Rose Teves
Bureau of Community Financial Assistance
Wisconsin Dept. of Natural Resources
101 S. Webster Street
P. O. Box 7921
Madison, WI 53707-7921
Phone: 608-267-7683
Steve Miller
Bureau of Facilities and Lands
Wisconsin Dept. of Natural Resources
101 S. Webster Street
P. O. Box 7921
Madison, WI 53707-7921
Phone: 608-266-5782
Natural Resources
Subject
The department will be presenting a rule package related to the control of chronic wasting disease in white-tailed deer and other wildlife diseases. In part this rule may be based on recommendations that result from an extensive process to involve the public, key stakeholders, partners and the legislature in establishing CWD management strategies. The subject of this rule may include changes to the deer hunting season structure and other hunting regulations where CWD has been found or other areas. Proposed rulemaking may also take advantage of new authority derived from 2005 ACT 286 including new conditions on the movement of deer carcasses and parts of deer, elk, and other cervids from areas in this state or other states where CWD is known to occur. Additionally, this rule may describe situations where a person would be required to provide the DNR with sample tissue or data derived from any wild animal if that sample is needed to determine the extent of a disease in wild animals.
Policy Analysis
In an attempt to reduce or eliminate the occurrence of CWD in Wisconsin's white-tailed deer herd, the department has implemented a variety of hunting season structures and regulations since 2002. In spite of considerable effort on DNR's part, and in spite of increased hunting opportunity (unlimited bag limits, free tags, allowing landowners in the DEZ to hunt on their own property for $2, economic incentives, and encouraging and facilitating food pantry donations for additional deer taken in the DEZ) there has not been as much progress towards eliminating the disease as people have hoped.
In February of 2007 the Natural Resources Board authorized an extensive public involvement process in order to evaluate past efforts and make new recommendations for the future course of action. In order to sufficiently communicate with the public before determining what, if any, new rules may be necessary, the CWD Stakeholder Advisory Group has been meeting regularly and intends to make its recommendations in December of 2007. Department staff will begin promulgating recommendations that are suitable for rule making immediately upon completion of that process.
Statutory Authority
Entities Affected by the Rule
All people who are interested in deer management may potentially be affected by the proposed rules. Deer hunters in areas where CWD has been found as well as areas where the disease has not been identified will be particularly interested in this rulemaking. Additionally, people who hunt deer and elk in other states where the disease has been found, or who hunt in Wisconsin's CWD zones but who would normally transport a whole deer carcass out of that zone would be affected. As new wildlife diseases occur, all hunters might be required to provide samples of animal tissue, if asked, under these rules.
Comparison with Federal Regulations
Proposed rulemaking will not relieve individuals from the restrictions, requirements and conditions of Federal statutes and regulations. Regulation of hunting and trapping of native species has been delegated to state fish and wildlife agencies. No federal regulations regarding CWD carcass movement have been implemented. Additionally, none of the proposed rules exceed authorities granted the states in 50 CFR.
Estimate of Time Needed to Develop the Rule
400 hours
Agency Contact Person
Workforce Development
Subject
Chapter
DWD 56, Child Care Copayments.
Policy Analysis
Since 1997, the child care parental copayment schedule in DWD 56.08 has provided different copayment amounts for parents who receive child care services from a certified child care operator and parents who receive child care services from a licensed provider. A certified child care operator may provide child care services for 1 to 3 unrelated children, care in the child's home, or care for school-age children and receive reimbursement for the child care services from state or federal funds. Certified child care operators are regulated by the Department. A child care provider who provides care and supervision for more than 3 unrelated children for compensation is required to be licensed by the Department of Health and Family Services.
When the Department submitted the federal fiscal year 2008-2009 Child Care and Development Fund (CCDF) State Plan for approval to the federal Department of Health & Human Services, DHHS responded with a notice that the plan was not approvable as submitted. The DHHS review found that Wisconsin's sliding fee scale (parental copayment schedule) is not allowable under CCDF regulations because it includes different copayment amounts based on category of care, such as certified versus licensed providers, and this difference interferes with parental choice of providers. Failure to submit an approvable plan could potentially result in a disruption of federal funding provided to Wisconsin for child care services for eligible families.
The Department submitted a corrective plan eliminating the different copayment amounts for certified and licensed care. DHHS has approved the corrective Wisconsin State Plan contingent upon implementation of changes to the copayment schedule with a deadline of April 1, 2008.
The current s.
DWD 56.08 provides a copayment schedule and language that copayment amounts will be based on family size, family gross income, the number of children in a given family in child care, and the type of child care selected. The proposed rule will repeal “type of child care selected" from these provisions and update the copayment schedule to eliminate the different copayment amounts for certified and licensed care.
Statutory Authority
Entities Affected by the Rule
Parents who receive assistance under the child care subsidy program and child care providers who care for children of these families
Comparison with Federal Regulations
Under
45 CFR 98.42(b) sliding fee scales are to be based on income, family size, and other factors as appropriate. The section of the preamble to the rule regarding sliding fee scales refers readers to
45 CFR 98.43 regarding equal access (63 Federal
Register 39936, 39957, July 24, 1998).
The rule on equal access at §
98.43 provides that the state agency shall certify that the payment rates for the provision of child care services are sufficient to ensure equal access for eligible families as families who are not eligible to receive CCDF child care assistance. The state agency must show how a choice of the full range of providers is made available (center, group, family, and in-home care), how payments rates are adequate based on a local market survey, and how copayments based on a sliding fee scale are affordable. Payment rates must be consistent with
45 CFR 98.30 regarding parental choice requirements. Among other things, the parental choice requirements provide that state regulatory requirements may not have “the effect of limiting parental access to or choice from among such categories of care or types of providers, as defined in
45 CFR 98.2."
The section of the preamble to the rule regarding equal access (63 Federal
Register 39936, 39960, July 24, 1998) provides that:
[S]liding fee scales should not be designed in a way that limits parental choice
…Sliding fees scales must continue to be based on family size and income as §
98.42(b) has not changed. We note that this regulation provides Lead Agencies with the flexibility to take additional elements into consideration when designing their fee scales, such as the number of children in care. However, as was stated in the preamble to the regulations published on August 4, 1992, basing fees on the cost or category of care is not allowed (57 FR 34380).
The preamble to the August 4, 1992, rule (57 Federal
Register 34352, 34411) actually provides that “While Grantees may take into account the cost of care in establishing a fee scale (e.g., the family pays a percentage of the cost of care), the Grantee may not vary the fee scale based on the category of care or the type of provider."
The definitions section of the current rule at
45 CFR 98.2 provides that “categories of care" means “center-based child care, group home child care, family child care and in-home care." The rule defines “types of providers" as “different classes of providers under each category of care. For the purposes of CCDF, types of providers include non-profit providers, for-profit providers, sectarian providers and relatives who provide care."
In its review of the 2008-2009 Wisconsin State Plan, the federal Department of Health & Human Services included licensed versus certified child care in the definition of “categories of care." The Department of Workforce Development does not take issue with the DHHS findings.
Estimate of Time Needed to Develop the Rule
200 hours
Workforce Development
Subject
Policy Analysis
Each county or tribal agency annually establishes maximum reimbursement rates for child care services provided to eligible individuals by licensed and certified child care providers, unless the Department sets multi-county rates. The Department or each county sets the rates based on a survey of all licensed providers that determines the child care prices the providers charge the general community. The maximum reimbursement rate for licensed providers is set so that at least 75% of the number of places for children within the licensed capacity of all child care providers in the county can be purchased at or below that maximum rate. Separate maximum rates are set for licensed group child care centers, licensed family child care centers, Level I certified family child care providers, and Level II certified family child care providers. Separate maximum rates are also set for children in various age groupings. The current rates are multi-county rates set by the Department in 2006.
The adjusted rates based on the annual survey have generally become effective January 1 of the new year. In 2007, due to increases in caseload and fiscal challenges for the child care subsidy program, child care rates were not increased above 2006 levels. The Department promulgated an emergency rule and corresponding permanent rule providing that the Department shall set child care rates for the year beginning January 1, 2007, to be the same as the rates in effect on December 31, 2006.
The 2007-09 budget numbers in
2007 Wisconsin Act 20 reflect that the child care rates will not be increased for the next 2 years. The Governor's proposed child care budget included numerous cost containment strategies, including the rate freeze. The Legislature added $65 million to the child care budget above the Governor's proposal and deleted or modified many of the Governor's other cost containment proposals. The freeze on child care rates was not changed and is included in
2007 Wisconsin Act 20.
This rule will specify that the child care reimbursement rates will remain at current levels for 2008 and 2009.
Statutory Authority
Entities Affected by the Rule
Families who receive assistance under the child care subsidy program and child care providers who care for children of these families
Comparison with Federal Regulations
Under
45 CFR 98.43, a state must certify that state payment rates for the provision of child care services funded under the Child Care and Development Fund are sufficient to ensure equal access to child care services for eligible families as families not eligible for child care assistance. At a minimum, the state must show that it considered 3 key elements in determining that its child care program provides equal access for eligible families: 1) Adequate payment rates based on a local market rate survey conducted no earlier than two years prior to the effective date of the current plan; 2) Choice of the full range of categories and types of providers; and 3) Affordable copayments.
In the commentary issued with the regulation, the Administration for Children and Families notes that rates established at least at the 75th percentile of the market rate would be regarded as providing equal access. Under the former title IV-A child care program, states were required to set rates at this level. (63 FR 39936, 39959, July 24, 1998)
Estimate of Time Needed to Develop the Rule
140 hours
Workforce Development
Subject
Ch.
DWD 290, relating to the adjustment of thresholds for application of prevailing wage rates and ch.
DWD 293, relating to payment and performance assurance requirements.
Policy Analysis
When a state agency or local governmental unit constructs a public works project, it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Sections
66.0903 (5) and
103.49 (3g), Stats., set initial estimated project cost thresholds for application of prevailing wage rates and require that DWD adjust the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. Pursuant to s.
DWD 290.15, the threshold adjustments are based on changes in the construction cost index published in the
Engineering News-Record, a construction trade publication. The thresholds for application of the prevailing wage rate laws will be adjusted based on a 2.25% increase in the construction cost index since the thresholds were last adjusted.
Section
779.14, Stats., sets payment and performance assurance requirements that apply to contracts for the performance of labor or furnishing materials for a public improvement or public work. Section
779.14 (1s), Stats., requires that the Department adjust the thresholds for application of various requirements in proportion to any change in construction costs since the last adjustment. No adjustment is made for a biennium if the adjustment to be made would be less than 5%. Pursuant to s.
DWD 293.01, these threshold adjustments are based on changes in the construction cost index published in the
Engineering News-Record. The thresholds for the payment and performance assurance requirements will be adjusted based on a 5.78% increase in the construction cost index since the thresholds were last adjusted.
Statutory Authority
Entities Affected by the Rule
State agencies, local governmental units, employers in the construction industry who contract for public works projects, and employees of these employers.
Comparison with Federal Regulations
The threshold for application of the federal prevailing wage law is a contract greater than $2,000. The threshold for application of the federal contractor payment and performance bond requirements is $100,000. These thresholds are in statute and are rarely adjusted.
Estimate of Time Needed to Develop the Rule
60 hours
