Comparison with Federal Regulations
This is not an area which is regulated by federal law or is subject to any proposed federal legislation. The standards for state licensure are regulated by each state.
Estimate of Time Needed to Develop the Rule
25 hours.
Financial Institutions — Wisconsin
Consumer Act
Subject
Creates s.
DFI-WCA 1.84, relating to unconscionable conduct.
Objective of the Rule
The purpose of the rule is to set forth that it is an unconscionable and prohibited practice for any merchant to preclude a customer from asserting claims or seeking remedies available under the Wisconsin Consumer Act, including bringing, joining or participating in efforts to obtain class-wide relief.
Statutory Authority
Entities Affected by the Rule
Entities subject to the Wisconsin Consumer Act that are engaged in consumer credit transactions and the collection of debts arising from consumer credit transactions.
Comparison with Federal Regulations
The department is aware of no such regulation.
Estimate of Time Needed to Develop the Rule
150 hours.
Note:
A scope statement filed on December 26, 2007 by the department creating s. DFI-WCA 1.84 is withdrawn.
Government Accountability Board
Subject
Amends Chapter
GAB 3, relating to voter registration, to provide work process and registration administration guidelines.
Objective of the Rule
The proposed rules will give direction to municipal and county clerks and their staff in the processing of voter registrations and voter registration information and to promote the accuracy of the information in the system.
Policy Analysis
The proposed rules will be drafted to update and supplement Chapter
GAB 3 to delineate and clarify election officials' voter registration responsibilities; to detail the procedure for handling voter verification postcards and to establish Statewide Voter Registration System (SVRS) data entry standards.
Statutory Authority
Entities Affected by the Rule
All municipal and county clerks and their staff.
Comparison with Federal Regulations
The federal government does not have a voter registration system, but to implement the requirements of the Help America Vote Act and the plan adopted by the State Elections Board (now the Government Accountability Board) to implement the Help America Vote Act, Wisconsin was required to establish a system of statewide voter registration. Wisconsin has done that in the promulgation of Chapter
GAB 3. This rule enhances and clarifies Chapter
GAB 3 and the implementation and administration of the Statewide Voter Registration system and establishes the work process guidelines to administer it.
Estimate of Time Needed to Develop the Rule
At least 60 hours of state employees' time.
Government Accountability Board
Subject
Amends Chapter
GAB 5, relating to ballot and electronic voting system security.
Objective of the Rule
The proposed rules will ensure that ballots, whether in paper, optical scan or electronic format, and electronic voting systems remain secure, from delivery to a municipal clerk until destruction under s.
7.23, Stats., is authorized.
Policy Analysis
The proposed rules will be drafted to update and supplement Chapter
GAB 5 to provide verification procedures to ensure that that ballots and electronic voting systems remain secure and tamper-free for pre-election testing, election-day testing and performance and post-election verification and audit.
Statutory Authority
Entities Affected by the Rule
All municipal and county clerks and their staff.
Comparison with Federal Regulations
Ballot and electronic voting system security is a state or local election function and not a function of the federal government. Federal regulations do not govern ballot security or electronic voting system security. Testing of electronic voting equipment, however, is currently done at the national level by the Federal Election Assistance Commission.
Estimate of Time Needed to Develop the Rule
At least 40 hours of state employees' time.
Health and Family Services
Mgmt. & Technology & Strategic Finance, Chs.
HFS 1—
Subject
Revises Chapter
HFS 12, relating to caregiver background checks, to specify crimes for which an entity must disclose, to a client or the client's guardian, a conviction of a caregiver who is assigned to provide personal care services to the client in the client's personal residence and to specify who is a “substitute caregiver".
Policy Analysis
Effective November 1, 2008,
2007 Wisconsin Act 172 creates s.
50.065 (2m) (a) and
(b), Stats., to require
entities, including home health agencies and temporary employment agencies to conduct background checks of caregivers who are assigned to provide personal care services to a client in the client's private residence. The entity is further required to disclose to the client, or to the client's guardian, information regarding any conviction of the caregiver of a crime that is specified by the department by rule, and information concerning that person's history of child abuse or neglect; abuse or neglect of a client; misappropriation from a client; or denial of licensing or certification to serve as an entity. The statute exempts entities from having to make the referenced disclosures for “substitute caregivers" as the department defines that term by rule.
2007 Wisconsin Act 172 also requires the department to specify by rule, the crimes for which an entity must disclose a conviction of its caregivers who are assigned to provide services in a client's personal residence. Under s.
50.065 (2m) (d), Stats., as created by
2007 Wisconsin Act 172, the department intends to propose a list of crimes for which an entity must disclose the conviction to a client or client's guardian, and a definition of the term “substitute caregiver". The department may also propose additional updates to the rules.
Statutory Authority
Entities Affected by the Rule
Entities that may be affected by the proposed rule include temporary employment agencies, homes health agencies, assisted living facilities, and consumer advocates, including the Board on Aging and Long Term Care.
Comparison with Federal Regulations
There are no comparable existing or proposed federal regulations.
Estimate of Time Needed to Develop the Rule
The Department estimates that it will take 500 hours to draft the rulemaking order. In drafting the rule, the Department will seek the participation of the Wisconsin Personal Services Association, the Wisconsin Home Care Advisory Committee, the Wisconsin Assisted Living Association, Disability Rights Wisconsin Inc., and the Board on Aging and Long Term Care.
Health and Family Services
Subject
Revises section
HFS 107.28 (1) (a) to authorize the Department to remove certain services from among the services provided by managed care organizations under the Wisconsin Medical Assistance program.
Policy Analysis
Under
2007 Wisconsin Act 20, the Wisconsin Budget Act for the FY 2008 – 2009 biennium, the Department is charged with realizing a $60,886,500, all funds, cost savings in the Medicaid program during state fiscal year 2008-09. As indicated in the Legislative Fiscal Bureau summary of the budget bill, these savings could potentially be realized by modifying how pharmacy services are provided to Medicaid recipients enrolled in Medicaid managed care organizations.
Under current Medicaid managed care contracts, each managed care organization must include pharmacy benefits as part of its services to persons receiving Medicaid benefits, including persons receiving BadgerCare and Senior Care. Under this arrangement, the Medicaid program cannot achieve the economies of scale or leverage its purchasing power to achieve the cost savings needed. To be able to realize the savings required during the biennium, the Department began consolidating its pharmacy services benefit under a single pharmacy benefit manager, on February 1, 2008. The Department believes that the Medicaid program could achieve cost savings similar to that achieved under the consolidation of pharmacy services for Wisconsin state employees.
The Department intends to modify s.
HFS 107.28 (1) (a) to add language that clarifies the circumstances under which the Department may exempt from coverage, services under its contract with HMOs. Section
HFS 107.28 (1) (a) currently lists those services that an HMO is currently exempt from providing to Medicaid enrollees under a Medicaid contract. Though the intended proposed rules are not needed to effectuate the change, the Department believes that any questions concerning the methods for exempting services from coverage under an HMO contract will be alleviated if a change in rule is made.
Statutory Authority
Entities Affected by the Rule
Pharmacies and managed care organizations will be affected by the proposed rules.
Comparison with Federal Regulations
Section
447.331(b) of Title 42 of the Code of Federal Regulations specifies upper limits for multiple source drugs. This revision will assist the state in complying with the requirements of that provision, by enabling the state to reimburse providers for purchasing prescription drugs in greater amounts. Also,
42 USC 1396r-8 requires state Medicaid programs that pay for prescription drugs on a fee-for-service basis to collect substantial rebates from drug manufacturers. Carving Wisconsin's Medicaid prescription drug benefit out of Medicaid managed care and paying for drugs on a fee-for-service basis will result in realizing these rebates on prescription drugs for all WI Medicaid beneficiaries.
42 USC 1396u-2 (a) (5) (D) requires a state to “inform the enrollee in a written and prominent manner of any benefits to which the enrollee may be entitled to under this title but which are not made available to the enrollee through the entity." Section 1396u-2 is also known as section 1932 of the Social Security Act. This provision provides states with the authority to provide some Medicaid benefits through a provider outside of the managed care contract.
Estimate of Time Needed to Develop the Rule
40 hours.
Insurance
Subject
Revises Chapters
Ins 6,
26 and
28, relating to licensing, prelicensing and continuing education for insurance agents and affecting small business.
Objective of the Rule
To revise the procedures and requirements for licensing, prelicensing and continuing education for insurance agents to conform with recently enacted
2007 Wisconsin Act 169, the NAIC (National Association of Insurance Commissioners) Producer Model Act, NAIC Uniform Resident Licensing Standards, NAIC Uniform Continuing Education (“CE") Standards and to allow for periodic technological enhancements to improve the efficiency and cost effectiveness of the licensing process.
Policy Analysis
2007 Wisconsin Act 169 revised the revocation procedures. These changes will modify the rules to reflect the policy choices in Act 169.
Statutory Authority
