Rule-Making Notices
Notice of Hearings
Health and Family Services
Management and Technology and Strategic Finance,
Chs.
HFS 1—
Community Services, Chs.
HFS 30—
NOTICE IS HEREBY GIVEN That pursuant to ss.
46.03 (18),
46.10 (1) to
(14) (a), s.
46.27 (2) (h) 1.,
46.985,
(2) (a) 8., and
227.11 (2), Stats., and interpreting ss.
46.011 (1g),
46.27 (11),
46.275,
46.277,
46.278, Stats., the Wisconsin Department of Health and Family Services will hold public hearings to consider the repeal of s.
HFS 65.02 (6) and
(9); amendment of ss.
HFS 1.01 (1) and
(2) (j),
1.02 (6) (d),
1.03 (12) (c) (intro.) and
(21) (intro.), and
65.04 (1) (d); repeal and re-creation of s.
HFS 65.05 (7); and creation of ss.
HFS 1.02 (6) (f) and
1.065, relating to determining parental payment limits for children's long term support services and family support services at the dates, times, and locations listed below.
Hearing Information
Date and Time
|
Location
|
March 26, 2008 3:00 – 6:00 p.m.
|
UW - Stevens Point
Collins Classroom Center 124
2100 Main Street
Stevens Point WI 54481
By Videoconference
|
March 26, 2008 3:00 – 6:00 p.m.
|
UW – Waukesha
Room C103
1500 University Drive
Waukesha WI 53188
By Videoconference
|
March 26, 2008 3:00 – 6:00 p.m.
|
By Videoconference
UW – Madison
Pyle Center Room 227
702 Langdon St
Madison WI 53706
|
March 26, 2008 3:00 – 6:00 p.m.
|
UW- Menasha Fox Valley
Room 1838
1478 Midway Rd
Menasha WI 54952
By Videoconference
|
March 26, 2008 3:00 – 6:00 p.m.
|
UW - LaCrosse
Communications Wing 102
1725 State St
LaCrosse WI 54601
By Videoconference
|
The hearing sites are fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available. The public hearings will be held via video conferencing with it originating from UW-Madison, Pyle Center.
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov. The deadline for submitting comments to the Department is 6:00 p.m. on March 26, 2008.
Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wis. Administrative Rules Website at
http://adminrules.wisconsin.gov or by contacting the person listed below.
Agency Contact Person
Katie Sepnieski
1 W. Wilson Street, Room 418
PO Box 7815
Madison, WI 53707
608-267-3377
Analysis Prepared by the Department of Health and Family Services
Statutes interpreted
Statutory authority
Explanation of agency authority
• Section
46.03 (18), Stats., requires the Department to establish a uniform system of fees for services provided or purchased by the Department, or a county department under s.
46.215,
46.22,
51.42, or
51.437, Stats.
• Section
46.10 (1) to
(14) (a), Stats., establishes parental liability for services provided or purchased by the Department or county department for minor children and requires fees for services received by minor children to be paid in accordance with the fee schedule established by the department. Section
46.10 (1) to
(14) (a) also establishes requirements for fee collection.
• Section
46.27 (2) (h) 1., Stats., requires rules for long-term community support service fee schedule be part of the uniform fee schedule under s.
46.03 (18), Stats.
• Section
46.985,
(2) (a) 8., Stats., requires the Department to promulgate rules for determining a family's ability to bear the cost of the services and goods it needs under the family support program.
• Section
227.11 (2), Stats., provides state agencies with general rulemaking authority.
Related statute or rule
See the “Statute interpreted" section.
Plain language analysis
Families with children who have long-term care support needs receive services from a number of programs implemented by county human and social services agencies under the Children's Long-Term Support (CLTS) Waivers; the Community Integration Program (CIP1); the Community Options Program (COP); and the Family Support Program (FSP). As required under s.
46.10 (1) to
(14) (a), Stats., parents of children who receive these services pay a portion of the costs for these services.
The Department's order proposes to create rules under ch.
HFS 1, to codify, in administrative rule, the schedule by which county agencies determine the limits on parental payments required under s.
46.10 (1) to
(14) (a), Stats., for services received by children with long-term supports needs under the various programs. The Department established the parental payment limits for services received under these programs in 2005. The parental payment limits are currently implemented under s.
HFS 1.03 (13m). The proposal to codify the parental payment limits in rules only slightly modifies the schedule pursuant to which the limits are determined. This was done to assure a consistent application across family size.
The proposed codification of the schedule would not result in a loss of services nor any changes to services to families.
The Department also proposes to provide that counties using s.
HFS 65.05 (7), to determine parental payment limits for services received by families under the Family Support Program be determined using the same schedule as is applicable to the services identified in the preceding paragraph. Under s.
HFS 65.05 (7), counties assess parental payment limits after calculating parent's annual gross income, which is adjusted by a budget allowance for the family size according to Federal Poverty Level (FPL) guidelines, liability for medical expenses, any amounts payable by parents for other services under ch.
HFS 1, and other reductions as determined by the county implementing the program.
Under the proposed rule, counties which currently collect fees under s.
HFS 65.05 (7) would assess parents who have annual incomes at or above 330% of the FPL a percentage (which could range from a minimum 1% to a maximum 41%) of the child's plan costs. The parental payment limits for these families would be determined by counties after calculating the parent's annual gross income, adjusted by a standard allowance; or actual medical or dental expenses claimed on the parent's federal income tax form Schedule A, whichever is higher, the family's poverty level for the family size, and the child's service plan costs. Under this schedule, counties would not collect parental payments from families who have annual incomes below 330% of the FPL.
Overall, the proposed change in the manner in which the parental payment limits are calculated for services provided under the Family Support Program would result in parents paying in proportion to their income levels and a unified system for calculating parental payments for children's long term support services.
Comparison with federal regulations
There are no proposed or existing federal regulations that are similar to the proposed rules.
Comparison with rules in adjacent states
Illinois: There are no proposed or existing state regulations that are similar to the proposed rules.
Iowa: There are no proposed or existing state regulations that are similar to the proposed rules.
Michigan: There are no proposed or existing state regulations that are similar to the proposed rules.
Minnesota: There are no proposed or existing state regulations that are similar to the proposed rules.
Summary of factual data and analytical methodologies
Prior to the implementation of the parental payment limit in July 2005, the Department sought and received input regarding the parental payment limit for all children's long-term support programs including the family support program, and the community options program from the Council for Children with Long-Term Support Needs, which provides recommendations to the Department regarding administrative infrastructure, accountability measures and mechanisms, financing systems, training programs, and program design elements that address the needs of children with long-term support needs. The Department also sought and received input from the Wisconsin Human Services Association, Wisconsin Counties' Association, and Disability Rights Wisconsin.
Initial Regulatory Flexibility Analysis
The proposed rule would not affect businesses.
Small business regulatory coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
Summary
Under the proposed rule, counties which currently collect fees under s.
HFS 65.05 (7) would assess parents who have annual incomes at or above 330% of the FPL a percentage (which could range from a minimum 1% to a maximum 41%) of the child's plan costs. The parental payment limits for these families would be determined by counties after calculating the parent's annual gross income, adjusted by a standard allowance; or actual medical or dental expenses claimed on the parent's federal income tax form Schedule A, whichever is higher, the family's poverty level for the family size, and the child's service plan costs. Under this schedule, counties would not collect parental payments from families who have annual incomes below 330% of the FPL.
The amount of the annualized payments collected by counties under the proposed rule is indeterminate due to a number of variables that are difficult to quantify. Counties differ in how they collect parental payments for the Family Support Program, which may affect whether they currently use the fee schedule established by the Department under s.
HFS 1.03 (13m), or the fee schedule under s.
HFS 65.05 (7), or both to determine parental payment limits. Under the proposed rules, counties would collect parental payments from families receiving services under the Family Support Program, whose incomes are at or above 330% of the FPL who do not currently pay parental fees. Counties could also collect higher parental payments from families who have incomes at or above 330% of the FPL, because the payment limits would be determined in proportion to the costs of the child's service plan, family size, and income level. At the same time, counties would collect no fees from families whose incomes are below 330% of the FPL.
Counties would not incur additional costs associated with implementing the proposed change, since counties already have the staff expertise and appropriate calculation tables from the Department needed to determine the parental payment liability. This proposed order, in general, would provide a unified system for calculating parental payments for children's long term support services. The proposed rules would not have a fiscal effect on the Department. The proposed rules do not affect businesses.
State fiscal effect
None.
Local government fiscal effect
Indeterminate.
Local government units affected
Counties.
Private sector fiscal effect
None.
Long-range fiscal implications
None known.
Notice of Hearing
Natural Resources
Environmental Protection - Air Pollution Control,
Chs.
NR 400—
NOTICE IS HEREBY GIVEN That pursuant to ss.
227.11 (2) (a), and
285.11 (1) and
(6), Stats., interpreting ss.
285.11 (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch.
NR 446, Wis. Adm. Code, relating to the establishment of provisions for coal-fired electric generating units in Wisconsin to limit mercury air emissions. The State Implementation Plan developed under s.
285.11 (6), Stats., is also being revised.
In May 2007, public hearings were held on revisions to chs.
NR 440 and
446, relating to the establishment of provisions for coal-fired electric generating units in Wisconsin to comply with the Clean Air Mercury Rule (CAMR) promulgated by the U.S. Environmental Protection Agency (EPA). On February 8, 2008, the Washington D.C. Court of Appeals vacated the CAMR. The Court found that the EPA's approach to regulating mercury emissions from coal-fired electric generating units in the CAMR was unlawful. As a result these proposed revisions no longer include provisions related to the federal CAMR.
The Department is proceeding with this rulemaking to address Governor Doyle's August 25, 2006, directive to the Department to develop a rule achieving a 90% reduction of mercury emissions from coal-fired power plants. In addition, these revisions respond to a January 22, 2007, Citizen Petition submitted to the Department and Natural Resources Board under provisions in ss.
227.11 (2) (a) and
227.12 (1) and
(2), Wis. Stats., and s.
NR 2.05 Wis. Adm. Code. This petition requested that the Department and Board conduct rulemaking proceedings to revise and adopt rules that require a 90% to 95% reduction of mercury to the air from coal-fired electric generating units in the state by January 1, 2012.
Under these proposed revisions to ch.
NR 446, the state's large coal-fired electric generating units, 150 megawatts and larger, must follow one of two compliance paths to achieve a 90% mercury emission reduction. By January 1, 2015, the state's large coal-fired electric generating units, 150 megawatts and larger, must achieve a 90% mercury reduction, as measured from the mercury content of coal combusted, or limit the concentration of mercury emissions to 0.008 pounds mercury per gigawatt-hour.
Under the alternative multipollutant compliance path an additional six years, until January 1, 2021, is allowed for large coal-fired electric generating units to achieve the 90% mercury reduction requirement. By January 1, 2015, these large units must achieve nitrogen oxides and sulfur dioxide reductions beyond those currently required by federal and state regulations. An interim mercury reduction of 70% must be achieved by January 1, 2015 and beginning January 1, 2018 another interim reduction of 80% is required. Owners and operators must designate which of their large electric generating units will follow the multipollutant option within 24 months after the effective date of the rule. Large electric generating units that are not designated for the multipollutant option, will, by default, be required to achieve the 90% mercury emission reduction by 2015.
Small coal-fired electric generating units, greater than 25 megawatts but less than 150 megawatts, must reduce their mercury emissions to a level defined as Best Available Control Technology (BACT). After all the mercury reduction requirements in these proposed revisions become effective for small and large electric generating units almost 4,400 pounds of mercury air emissions will be prevented from being emitted annually.
These revisions retain the January 1, 2010, mercury reduction requirement in the current state mercury rule. Under this requirement the state's four major utilities, Alliant Energy, Dairyland Power Cooperative, WE Energies and Wisconsin Public Service Corporation, must reduce mercury emissions from their existing coal-fired electric generating units 40% from the baseline established under provisions in the current rule.
The revisions also propose that any new coal-fired electric generating unit install mercury control technology which achieves a minimum mercury reduction of 90% when it commences operation.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary finding under s.
285.27 (2) (b), Stats., that the mercury emission limitations proposed in this revision are needed to protect public health and welfare. In the absence of a federal standard promulgated under section 112, the hazardous air pollutant provisions of the Clean Air Act, the Department may promulgate a standard if it finds that a standard is needed to provide adequate protection of public health and welfare. The Department's is also seeking comment on this preliminary public health and welfare finding.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the public hearing will be held on:
April 7, 2008, Monday
at 9:00 a.m.
|
Room G09, GEF II
101 S. Webster Street
Madison, WI
|
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 contact Robert Eckdale at (608) 266-2856 or by e-mail at
Robert.Eckdale@Wisconsin.Gov with specific information on your request at least 10 days before the date of the scheduled hearing.
Copy of Rule
The proposed rule and supporting documents, including the fiscal estimate and preliminary public health finding, may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules. wisconsin.gov. (Search this Web site using the Natural Resources Board Order Number AM-32-05.) If you do not have Internet access, a personal copy of proposed rule and supporting documents, including the fiscal estimate and public health finding may be obtained from Robert Eckdale by calling (608) 266-2856 or by writing him at Bureau of Air Management, P.O. Box 7921, Madison, WI 53707.
Submission of Written Comments
Written comments on the proposed rule and preliminary public health finding may also be submitted to Jon Heinrich, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
Jon.Heinrich@Wisconsin.Gov no later than April 14, 2008. Written comments will have the same weight and effect as oral statements presented at the public hearings.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have a direct economic impact on small businesses. The proposed revisions impose no reporting, compliance or performance standards on small businesses. The proposed revisions may increase the cost of electricity and therefore may have an indirect impact on small businesses through higher electricity costs. The Department's Small Business Regulatory Coordinator may be contacted at
Small.Business@Wi.Gov or by calling (608) 266-1959.
Environmental Analysis
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.
Fiscal Estimate
State fiscal estimate
1.
Cost Impacts to the Department - The fiscal estimate for the revisions to Chapter
NR 446 that became effective in October 2004 required a staff allocation of 0.5 FTE through 2009 that was reduced to 0.25 FTE from 2010 through 2015. After 2015, requirements would be implemented without an increase in complement. The Department assumes the same staff allocations for these proposed revisions. However, because the proposed rule revisions require additional compliance notifications and determinations, the staff allocation must increase 0.25 FTE from 2010 through 2012. Assuming $80,000 per FTE, this results in an increase of $20,000 per year from 2010 through 2012.
2. Revenue Impacts to the Department - The annual emission fees paid to the Department are not significantly affected by the anticipated decrease in mercury emissions. However, fees may significantly decrease if utilities elect to reduce NOx and SO2 emissions under the multipollutant provision of the proposed revisions. If all eligible EGUs pursued the multi-pollutant alternative, collected emission fees may be reduced from 2005 levels by approximately $1,000,000 per year based upon the current emission fee of $35.71 per ton.
Local government fiscal estimate
Manitowoc Public Utilities (MPU) is the only one locally-owned electric utility that will be affected by these revisions. The costs to MPU are similar to other electric utilities in the state. The total cost for MPU is estimated to be in the range of 0.04 to 0.12 cents/KWh or $160,000 to $500,000 dollars per year.
Electric utility sector fiscal estimate
1.
Cost of Chapter NR 446 Requirements - The revisions to Chapter
NR 446 that became effective in October 2004 affected EGUs operated by "Major Utilities" including Alliant Energy, Dairyland Power Cooperative, WE-Energies, and Wisconsin Public Service Corporation. The cost for achieving a 75% mercury emission reduction for each major utility was estimated to be in the range of 0.16 to 0.18 cents per kilowatt-hour of generated electricity (cents/KWh) with a total cost for the four major utilities of 71 to 84 million dollars per year. These cost estimates are contained in a technical support document developed in 2003
1.
2.
Cost of Revised Chapter NR 446 Requirements - The cost estimate for these revisions to Chapter
NR 446 replace the 2003 cost estimates. The cost estimates reflect achieving a 90% mercury emission limitation for larger EGUs and BACT level of control for the smaller EGUs. In addition, since the 2003 evaluation, advancements in mercury control technology have occurred and control technology costs have changed. Also, more EGUs are affected by these revisions as compared to the current requirements in Chapter
NR 446. The average cost to the utility sector is estimated to be 0.06 to 0.14 cents/KWh and cost to implement the proposed revisions is 38 to 91 million dollars per year. The lower cost range reflects the integration of mercury control with the control of other pollutants.
State fiscal effect
Decrease in existing revenues.
Increase in costs
The increase of costs may be possible to absorb within the agency's budget.
Local government fiscal effect
Mandatory increase in costs.
Types of local government units affected
Others.
Fund sources affected
PRO
Affected Chapter
20 Appropriations
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.155 (5) and
227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules revising s.
DWD 56.08, relating to child care copayments and affecting small businesses.
Hearing Information
April 11, 2008
|
MADISON
|
Friday
|
G.E.F. 1 Building, D203
|
10:30 a.m.
|
201 E. Washington Avenue
|
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Agency Contact Person
Laura Saterfield, Child Care Section Chief
Phone: (608) 266-3443.
Copy of Rule
An electronic copy of the proposed rules is available at
http://www.dwd.state.wi.us/dwd/hearings.htm. A copy of the proposed rules is also available at http://adminrules. wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Submission of Written Comments
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov web site no later than April 11, 2008, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Workforce Development
Statutory authority
Statutes interpreted
Explanation of agency authority
Section
49.155 (5), Stats., provides that an individual is liable for the percentage of the cost of child care specified by the department in a printed copayment schedule.
Summary of the proposed and emergency rules
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 provider and parents who receive child care services from a licensed provider. A certified provider 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 from state or federal funds. Certified providers 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.
Currently, the copayments paid by families who receive child care services from a certified provider are lower than the copayments paid by families who receive child care services from a licensed provider. The emergency and proposed rules will eliminate the differential copayment amounts by increasing copayments for certified care to the same level as copayments for licensed care. The emergency rule is effective March 30, 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, with certain exceptions. The proposed rule will repeal “type of child care selected" from these provisions and update the copayment schedule to provide the same copayment amounts for certified and licensed care at the licensed care level. The copayment schedule is also adjusted for the 2008 federal poverty levels as provided under s.
DWD 56.08 (3).
Comparison with federal regulations
Under
45 CFR 98.42, lead agencies must establish, and periodically revise, by rule, a sliding fee scale that provides for cost sharing by families that receive child care services funded by the Child Care Development Fund. 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 Fed. Reg. 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 Fed. Reg. 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 Fed. Reg. 34380).
The preamble to the August 4, 1992, rule (57 Fed. Reg. 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."
Comparison with rules in adjacent states
Minnesota. Copayment amounts are based on gross income and household size.
Illinois. Copayment amounts are based on family income, family size, and number of children in care.
Michigan. Copayment amounts are based on family size and family income.
Iowa. Copayment amounts are based on gross income, family size, and units of service used.
Summary of factual data and analytical methodologies
The federal Department of Health and Human Services has required that Wisconsin eliminate differential copayment amounts based on category of care, such as certified versus licensed providers.
Initial Regulatory Flexibility Analysis
The rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Coordinator is Elaine Pridgen,
elaine.pridgen@dwd.state.wi.us or (608) 267-9403.
Analysis used to determine effect on small businesses
Certified providers will need to collect the increased copayments directly from families who use their child care services. If providers allow families to pay the increased copayment in installments, they may have additional bookkeeping. There are no reporting requirements necessary for compliance with the rule.
Fiscal Estimate
Summary
By combining the copayment rates for licensed and certified care at the licensed level, the Department will experience savings related to the increased copayment for certified care. By comparing the current copayments at the certified rate against the new copayment and applying that to the cost of care for child care subsidy parents who used certified care in SFY 07, it is estimated that the Department will realize about $475,000 in savings in direct child care subsidies for the three months that the rule will be effective in SFY 08, based on savings of $1,900,000 that might be expected for a full year.
Savings may diminish over time when program participants experience no differential in cost for varying types of care. As a result, SFY 09 savings are assumed to be only twice the SFY 08 amount, or $950,000.
Current-year appropriations are still anticipated to be fully expended.
State fiscal effect
Decrease in costs.
Local government fiscal effect
None.
Fund sources affected
GPR, FED, SEG
Affected Chapter
20 Appropriations
Long-range fiscal implications
If program participants migrate to higher cost licensed care, the change may be cost neutral over time.
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to ss.
108.14 (2) and s.
227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules revising chs.
DWD 100,
140, and
149, relating to disclosure of unemployment insurance records and affecting small businesses.
Hearing Information
April 8, 2008
|
MADISON
|
Tuesday
|
G.E.F. 1 Building, B103
|
1:30 p.m.
|
201 E. Washington Avenue
|
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Agency Contact Person
Daniel LaRocque, Director
Bureau of Legal Affairs
Phone: (608) 267-1406
Copy of Rule
An electronic copy of the proposed rules is available at
http://www.dwd.state.wi.us/dwd/hearings.htm. A copy of the proposed rules is also available at http://adminrules. wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Submission of Written Comments
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov web site no later than April 9, 2008, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Workforce Development
Statutory authority
Statutes interpreted
Related statutes and rules
Explanation of agency authority
Section
108.14 (7), Stats., provides that the records made or maintained by the department in connection with the administration of the unemployment insurance program are confidential and shall be open to public inspection or disclosure only to the extent that the department permits in the interest of program. No person may permit inspection or disclosure of any record provided to it by the department unless the department authorizes the inspection or disclosure.
The department may provide records made or maintained by the department in connection with the administration of the unemployment insurance program to any government unit, corresponding unit in the government of another state, or any unit of the federal government. No such unit may permit inspection or disclosure of any record provided to it by the department unless the department authorizes the inspection or disclosure.
Section
108.24 (4), Stats., provides that any person who, without authorization of the department, permits inspection or disclosure of any unemployment insurance record shall be fined not less than $25 nor more than $500 or may be imprisoned in the county jail for not more than one year or both. Each such unauthorized inspection or disclosure constitutes a separate offense.
Section
108.14 (2), Stats., provides that the department may adopt and enforce all rules which it finds necessary or suitable to carry out Chapter
108, Stats.
Summary of the proposed rule
Federal requirement. The U.S. Department of Labor issued its final rule regarding Federal-State Unemployment Compensation Program: Confidentiality and Disclosure Requirements of State UC Information on September 27, 2006. (71 Fed. Reg. 56830; codified at
20 CFR Part 603) States must amend their laws, rules, procedures, and existing agreements to comply with the federal rule by October 27, 2008.
The first federal Notice of Proposed Rulemaking concerning confidentiality and disclosure of state unemployment insurance information was issued in 1992. (57 Fed. Reg. 10064) In 1993, the Department of Workforce Development promulgated Chapter
DWD 149, regarding disclosure of unemployment insurance records, based on the 1992 proposed federal rule. Chapter
DWD 149 is being updated and reorganized to reflect the requirements of the final federal rule issued September 2006.
Records confidential. The proposed rules provide that unemployment insurance records made or maintained by the department are confidential and not open to public inspection or disclosure, except as specified. The department may disclose the following unemployment insurance records if the disclosure is in the interest of the unemployment insurance program and does not interfere with the efficient administration of the program: (1) public domain information; (2) appeals records and decisions with social security numbers redacted; (3) any unemployment insurance record that has been screened to prevent identification of the worker or employing unit that is the subject of the record or which could foreseeably be combined with other publicly available information to reveal any identifying particulars of an individual or employing unit; (4) unemployment insurance records to claimants, employing units, their agents, and authorized third parties and the permissive disclosure of records. The department shall disclose unemployment records required by federal and state law.
Notice to claimants and employers. The department shall notify every claimant at the time of application and periodically thereafter that confidential unemployment insurance information pertaining to the claimant may be requested and used for other governmental purposes, including verification of eligibility for other government programs. The department shall notify every employer subject to ch.
108, Stats., annually that wage information and other confidential unemployment insurance information may be requested and used for other governmental purposes, including verification of an individual's eligibility for other government programs.
Disclosure to claimants, employing units, their agents, and authorized third parties. An unemployment insurance record concerning a claimant is available to that claimant. A record concerning a claimant's work for an employing unit, an identification of the employing unit as a party of interest, or a record concerning status or liability under Chapter
108, Stats., is available to an employing unit.
The department may disclose a record to an attorney or agent of a claimant or employing unit only if the attorney or agent furnishes a written statement authorizing release or if the department verifies that the attorney or agent represents the claimant or employing unit. An elected official is an agent when acting in response to a constituent's inquiry about an unemployment insurance issue. A union representative is an agent when acting for a claimant.
The department may disclose an unemployment insurance record to an authorized third party that is not an agent of an individual or employer if the third party provides a written release containing specified information and signed by the individual or employer to whom the information pertains. The department may disclose an unemployment insurance record if the purpose specified either provides a service to the individual such that the individual expects to receive a benefit as a result of signing the release or carries out administration or evaluation of a public program to which the release pertains.
Mandatory disclosure of records. The proposed rules list federally-mandated disclosures. These federal mandates include information necessary for the proper administration of the UI program, such as the Internal Revenue Service for purposes of unemployment tax administration, the U.S. Citizen and Immigration Services for purposes of verifying a claimant's immigration status, federal officials for purposes of oversight of the UI program, and any other state to properly administer its UI program. Some of the federal-mandated disclosures are included in a system of required information sharing primarily among state and local agencies administering several federally-assisted programs.
Other required disclosures include disclosure to the state lottery board, upon request, information regarding any delinquency in the payment of contributions under ch.
108, Stats., by any person who desires to contract with the lottery board for the retail sale of lottery tickets and information to any government unit in the administration of a program of general relief or general assistance.
Permissive disclosure of records. If the department approves the purposes for which unemployment insurance records are requested, the records may be disclosed to the U. S. Department of Labor, the Unemployment Insurance Advisory Council, a government official with authority to obtain the information pursuant to a subpoena or court order, a public official or its agent or contractor for use in the performance of official duties, and any other disclosure as provided in these rules.
Confidentiality safeguard requirements. Third party recipients of unemployment insurance records must comply with all of the following confidentiality safeguard requirements:
• Safeguard disclosed information against unauthorized access or redisclosure.
• Use the disclosed information only for the purposes authorized by law and consistent with any applicable record disclosure agreement.
• Store disclosed information in a safe place physically secure from unauthorized access.
• Store and process information in electronic format in a way that unauthorized persons cannot obtain the information by any means.
• Ensure that only authorized persons are given access to disclosed information stored in a computer system.
• For third parties authorized to receive information by a claimant or employer maintain a copy of the written release authorizing each access and ensure that access to disclosed information will be only to those authorized under the release.
• Instruct all persons having access to disclosed information of the confidentiality requirements and the penalties for unauthorized disclosure, and have these persons sign an acknowledgement that they have been so instructed and agree to report any infraction promptly.
• Dispose of all disclosed records and copies after the purpose for which the information disclosed has been served or when the department considers appropriate, except for disclosed information possessed by any court.
• Allow the department to conduct on-site inspections of the disclosed records and to audit for compliance with this section.
No person, government unit, or other entity to which the department discloses an unemployment insurance record may redisclose information obtained from that record without the prior written approval of the department.
Record disclosure agreement. The proposed rules include provisions from the federal regulation regarding when a record disclosure agreement shall be in effect before disclosure of unemployment insurance records, other circumstances when a record disclosure agreement may be required, and what must be in the agreement.
Fee for disclosing unemployment insurance records. The federal regulation requires and the proposed rules provide that the department shall charge a fee for disclosing an unemployment insurance record when the disclosure is for a third party, government unit, or entity that requests the record and disclosure is not necessary for the proper administration of the unemployment insurance program, unless only incidental staff time and nominal processing costs are involved in making the disclosure. The department may charge a fee for disclosures in certain other circumstances. The fee may not exceed the actual, necessary, and direct costs of location and disclosure.
Comparison with federal regulations
The proposed rules are being updated to comply with the federal regulation regarding state disclosure of unemployment insurance records.
Comparison with rules in adjacent states
The adjacent states either have or will be updating their statutes and rules on disclosure of unemployment insurance records to comply with the federal regulation by October 27, 2008.
Summary of factual data and analytical methodologies
The proposed rules update the department's rules on disclosure of unemployment insurance records to comply with
20 CFR Part 603.
Initial Regulatory Flexibility Analysis
The rule will affect small businesses but will not have a significant economic impact on a substantial number of small businesses. The Department's Small Business Regulatory Coordinator is Elaine Pridgen,
elaine.pridgen@dwd.state. wi.us, (608) 267-9403.
Analysis used to determine effect on small businesses
The proposed rules may affect small business as employing units who may request records, but the rules have no financial impact on these businesses and does not change the types of records they may access. There are no reporting, bookkeeping, or other procedures required for compliance with the proposed rule and no professional skills are required of small businesses.
Fiscal Estimate
The proposed rules have no fiscal effect because most disclosures of unemployment insurance records involve only incidental staff time and nominal processing costs.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
