Comparison of rules in adjacent states
The department is aware of no such rules.
Summary of factual data and analytical methodologies
The department reviewed factors the Wisconsin legislature set forth in s.
426.108, Stats., that the administrator of the Wisconsin Consumer Act shall consider in declaring specific conduct unconscionable and prohibited, as well as recent Wisconsin court rulings regarding unconscionability and class-relief (
Wisconsin Auto Title Loans, Inc. v. Jones,
290 Wis. 2d 514 (2006) and
Coady et al v. Cross Country Bank et al,
299 Wis. 2d 420 (2007)). Furthermore, in the department's experience, nearly all consumer credit transactions are contracts of adhesion, and creditors generally have greater bargaining power, business acumen and experience than consumers do. This can result in terms that are unreasonably favorable to merchants.
Initial Regulatory Flexibility Analysis
The rule imposes no new regulatory obligations or burdens on small business; therefore, the rule has no additional significant economic impact.
Fiscal Estimate
The rule's requirements place no additional duties or burdens on state or local government, and hence has no affect on costs to either.
Notice of Hearings
Health Services
(Formerly Health and Family Services)
Community Services, Chs.
HFS 30—
NOTICE IS HEREBY GIVEN that pursuant to sections
46.03 (18),
46.10 (1) to
(14) (a),
51.44 (5) (a) and
227.11 (2), Stats., and interpreting section
51.44 (5), Stats., the Wisconsin Department of Health Services will hold public hearings to revise Chapters
HFS 1 and
90, relating to parental payment limits for early intervention services for children from birth to 3 with developmental delays or disabilities.
Hearing Date and Location
Date and Time
|
Location
|
August 13, 2008 3:00-6:00 p.m.
|
UW-Waukesha
Room C103
1500 University Dr.
Waukesha WI 53188
By Videoconference
|
August 13, 2008 3:00-6:00 p.m.
|
UW-Madison
Pyle Center – Room 227
702 Langdon St.
Madison WI 53706
By Videoconference
|
August 13, 2008 3:00-6:00 p.m.
|
UW-Menasha Fox Valley
Room 1838
1478 Midway Rd.
Menasha WI 54852
By Videoconference
|
August 13, 2008 3:00-6:00 p.m.
|
UW-LaCrosse
Communications Bldg – Rm. 102
1725 State Street
LaCrosse WI 54601
By Videoconference
|
August 13, 2008 3:00-6:00 p.m.
|
UW-Wausau Marathon County
Room 218
518 S 7th Avenue
Wausau WI 54401
By Videoconference
|
The hearing site is 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.
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 4:30 p.m. on August 13, 2008.
Copies of Proposed Rules
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or by contacting the person listed below.
Agency Contact Person
Carol Eichinger
Department of Health Services/Birth to 3 Program
1 W Wilson Street, Room 418
PO Box 7851
Madison WI 53707
608/267-3270
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Analysis Prepared by the Department of Health 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 to their 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
51.44 (5) (a) Stats., requires the Department to promulgate rules for the statewide implementation of the early intervention services 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 functional needs receive services from a number of programs implemented by county human and social services agencies. These programs include early intervention services for children from birth to 3 with developmental needs; the family support program; the community options program; the children's home- and community-based service waivers; various locally funded services such as respite care and community inclusion activities for children; and other children's; long term support programs.
Federal, state, and county funds pay a portion of the costs for these services. Parents of children who receive these services also pay a portion of these costs. Parents of children who receive early intervention services are required under s.
51.44 (5) (a), Stats., and s.
HFS 90.06 (2) (i) to pay a portion of these costs as assessed by the county providing services. Counties have determined that implementing the early intervention services and other children's long term support services under three different payment systems, used by the various programs listed in the above paragraph, is administratively and fiscally burdensome. In addition, the Department has determined that the current system for calculating the parental payment limits for early intervention services results in families not paying a fee in proportion to their incomes and services received.
To decrease the burden on county agencies in implementing the various services for children who have functional needs, and to ensure that families, in proportion to their incomes, share in the costs of their child's services, the Department proposes to permit counties to use the schedule established under s.
HFS 1.03 (13m) to assess parental payments limits for early intervention program services. Except for early intervention core services, such as service coordination and evaluation, the proposed consolidation and change may result in an increase in costs to families receiving early intervention services due to the change in the process for calculating the parents' share of costs. The current parental payment limits for early intervention services range between $300 to $1,800 per year based on family annual income and family size relative to federal poverty guidelines. The new calculation will continue to be based on family annual income and family size relative to federal poverty guidelines, but the parental payment limits will also be a percentage of actual costs for services based on the family's income and size instead of a flat fee. Under the proposed schedule, parental payments will be assessed for families at or above 330% of the federal poverty level, beginning at 1% of service costs and can progress up to 41% of service costs for families at 1580% or greater of the federal poverty level. Parental payments would not be collected from families who have annual incomes below 330% of the federal poverty level.
The parental payment limits 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 individual family service plan costs. Families continue to have the option of allowing their private insurance companies to be billed for the payment of therapy services provided.
Overall, the proposed rule would result in parents paying in proportion to their income levels and individual family service plan costs. For counties serving families with children with functional needs, participating in either early intervention or other children's long term support services, a unified system for calculating parental payments would be implemented.
The proposed rule would not result in a loss of services nor any changes to services to families.
The chart below shows the percentage of service plan costs, based on the federal poverty level, that parents may be assessed by counties under ch.
HFS 1.
Adjusted Gross Income
(% of FPL)
|
Percentage of Service Plan Cost
|
Less than 300% FPL
|
0.0%
|
330%
|
to less than
|
355%
|
1.0%
|
355%
|
to less than
|
380%
|
1.8%
|
380%
|
to less than
|
405%
|
2.6%
|
405%
|
to less than
|
430%
|
3.4%
|
430%
|
to less than
|
455%
|
4.2%
|
455%
|
to less than
|
480%
|
5.0%
|
480%
|
to less than
|
505%
|
5.8%
|
505%
|
to less than
|
530%
|
6.6%
|
530%
|
to less than
|
555%
|
7.4%
|
555%
|
to less than
|
580%
|
8.2%
|
580%
|
to less than
|
605%
|
9.0%
|
605%
|
to less than
|
630%
|
9.8%
|
630%
|
to less than
|
655%
|
10.6%
|
655%
|
to less than
|
680%
|
11.4%
|
680%
|
to less than
|
705%
|
12.2%
|
705%
|
to less than
|
730%
|
13.0%
|
730%
|
to less than
|
755%
|
13.8%
|
755%
|
to less than
|
780%
|
14.6%
|
780%
|
to less than
|
805%
|
15.4%
|
805%
|
to less than
|
830%
|
16.2%
|
830%
|
to less than
|
855%
|
17.0%
|
855%
|
to less than
|
880%
|
17.8%
|
880%
|
to less than
|
905%
|
18.6%
|
905%
|
to less than
|
930%
|
19.4%
|
930%
|
to less than
|
955%
|
20.2%
|
955%
|
to less than
|
980%
|
21.0%
|
980%
|
to less than
|
1005%
|
21.8%
|
1005%
|
to less than
|
1030%
|
22.6%
|
1030%
|
to less than
|
1055%
|
23.4%
|
1055%
|
to less than
|
1080%
|
24.2%
|
1080%
|
to less than
|
1105%
|
25.0%
|
1105%
|
to less than
|
1130%
|
25.8%
|
1130%
|
to less than
|
1155%
|
26.6%
|
1155%
|
to less than
|
1180%
|
27.4%
|
1180%
|
to less than
|
1205%
|
28.2%
|
1205%
|
to less than
|
1230%
|
29.0%
|
1230%
|
to less than
|
1255%
|
29.8%
|
1255%
|
to less than
|
1280%
|
30.6%
|
1280%
|
to less than
|
1305%
|
31.4%
|
1305%
|
to less than
|
1330%
|
32.2%
|
1330%
|
to less than
|
1355%
|
33.0%
|
1355%
|
to less than
|
1380%
|
33.8%
|
1380%
|
to less than
|
1405%
|
34.6%
|
1405%
|
to less than
|
1430%
|
35.4%
|
1430%
|
to less than
|
1455%
|
36.2%
|
1455%
|
to less than
|
1480%
|
37.0%
|
1480%
|
to less than
|
1505%
|
37.8%
|
1505%
|
to less than
|
1530%
|
38.6%
|
1530%
|
to less than
|
1555%
|
39.4%
|
1555%
|
to less than
|
1580%
|
40.2%
|
1580% and above
|
41.0%
|
Note: The federal poverty guidelines are adjusted yearly by the federal Office of Management and Budget under 42 USC § 9902 (2) and are published annually in the Federal Register. The federal poverty guidelines and the CLTS Parental Payment Limit Worksheet are distributed annually by the Department to counties for use in calculating the parental payment limit. To receive the current federal poverty guidelines and the CLTS Parental Payment Limit Worksheet, contact the Children's Services Section, at the Division of Long Term Care, P.O. Box 7851, Madison, WI 53707-7851, or call 608-261-78208276, or fax 608-261-8884 or visit the Department's website at http://dhfs. wisconsin.gov/bdds/clts/ index.htm
Comparison with federal regulations
The Individuals with Disabilities Education Act (20 USC § 1432 et.seq.) allows states to create a system of payments for families. Federal Regulations at
34 CFR §§ 303.520 and
303.521 provide policies related to payment for early intervention services. Under the federal regulations, the Department is responsible for establishing policies relating to how services to eligible children and their families will be paid for under the Wisconsin's early intervention program. The Department is required to specify the functions and services that will be provided at no cost to all parents; the functions or services that are subject to a system of payments; the payment system and schedule of sliding fees that will be used; the basis and amount of payments; and an assurance that the inability of the parents of an eligible child to pay for services will not result in the denial of services to the child or the child's family. The federal requirements are currently met under ch.
HFS 90, and will continue to be met under the proposed order.
Comparison of rules in adjacent states
Illinois: Rules for early intervention services in Illinois are under 89 Ill. Adm. Code 500. The fees are set on a sliding fee schedule similar to that proposed under this order, with the exception that under the proposed order parental payments would be based on annual service plan costs in addition to federal poverty level family size and income guidelines. Illinois' fee schedule is based strictly on the federal poverty level size and income guidelines with fees starting at 185% of the federal poverty level. Parental payments under this proposed order would begin at 330% of federal poverty level.
Parental payments under the Illinois system is collected in monthly fee installments from $10.00 - $200.00. Under this proposed order, parental payments would also be collected in monthly installments, and for some families may be higher than currently paid because payments are based on federal poverty level size and income guidelines and annual service plan costs. Parents would be assessed monthly payments from 1% to 41% of the cost of the plan depending on their family size and income under federal poverty level guidelines.
Iowa: There are no proposed or existing state regulations that include a family system of payment for the Birth to Three Program in Iowa.
Michigan: There are no proposed or existing state regulations that include a family system of payment for the Birth to Three Program in Michigan.
Minnesota: There are no proposed or existing state regulations that include a family system of payment for the Birth to Three Program in Minnesota.
Summary of factual data and analytical methodologies
The proposed rule is the result of Department consultations over several years with Governor-appointed Interagency Coordinating Council, an advisory committee to the Department. The committee consists of public and private providers, parents, public members, and representatives from Head Start, the Office of Commissioner of Insurance, the Department of Public Instruction, the Department of Workforce Development, Early Intervention Preparation, county government, Council of Developmental Disabilities, and the Wisconsin legislature.
Initial Regulatory Flexibility Analysis
The proposed rule would not affect businesses.
Fiscal Estimate
Families with children who have functional needs receive services from a number of programs implemented by county human and social services agencies. These programs include early intervention services for children from birth to 3 with developmental needs; the family support program; the community options program; the children's home and community based services waivers; various locally funded services such as respite care and community inclusion activities for children; and other children's long term support programs.
Federal, state, and county funds pay a portion of the costs for these services. Parents of children who receive these services also pay a portion of these costs. Parents of children who receive early intervention services are required s. under s.
51.44 (5) (a), Stats., and s.
HFS 90.06 (2) (i) to pay a portion of these costs as assessed by the county providing services. Counties have determined that implementing the early intervention services and other children's long-term support services under three different payment systems, used by the various programs listed in the above paragraph, is administratively and fiscally burdensome. In addition, the Department has determined that the current system for calculating the parental payment limits for early intervention services results in families not paying a fee in proportion to their incomes and services received.
To decrease the burden on county agencies in implementing the various services for children who have functional needs, and to ensure that families, in proportion to their incomes, share in the costs of their child's services, the Department proposes to permit counties to use the schedule established under s.
HFS 1.03 (13m) to assess parental payments limits for early intervention program services. Except for early intervention core services, such as service coordination and evaluation, the proposed consolidation and change may result in an increase in costs to families receiving early intervention services due to the change in the process for calculating the parents' share of costs. The current parental payment limits for early intervention services range between $300 to $1,800 per year based on family annual income and family size relative to federal poverty guidelines. The new calculation will continue to be based on family annual income and family size relative to federal poverty guidelines, but the parental payment limits will also be a percentage of actual costs for services based on the family's income and size instead of a flat fee. Under the proposed schedule, parental payments will be assessed for families at or above 330% of the federal poverty level, beginning at 1% of service costs and can progress up to 41% of service costs for families at 1580% or greater of the federal poverty level. Parental payments would not be collected from families who have annual incomes below 330% of the federal poverty level.
The parental payment limits 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 individual family service plan costs. Families continue to have the option of allowing their private insurance companies to be billed for the payment of therapy services provided.
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. Under the proposed rules, counties could 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, instead of being capped at $1,800 per year regardless of plan costs and family income. At the same time, counties would collect no payments from families whose incomes are below 330% of the FPL. Parental payments for early intervention services are currently collected beginning at 250% 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 parental payment limits. The proposed order, in general, would provide a unified system for counties calculating parental payments for services to children with functional needs, which should help to reduce counties' administrative costs. The proposed rules would not have a fiscal effect on the Department. The proposed rules do not affect businesses. The proposed rules would not result in a loss of services nor any changes to services to families.
Notice of Hearings
Health Services
(Formerly Health and Family Services)
NOTICE IS HEREBY GIVEN that the Wisconsin Department of Health Services will hold public hearings relating to proposed revisions to Chapters
HFS 173,
175,
178,
195,
196,
197 and
198, relating to creating and increasing fees for tattooing and body piercing establishments, recreational and educational camps, campgrounds, hotels, motels, and tourist rooming houses, restaurants, bed and breakfast establishments, vending of food,
and affecting small businesses.
Hearing Information
Date and Time
August 11, 2008 10:00 am to 2:00 pm
|
Location
Western Regional Office
Conference Room 123
610 Gibson Street
Eau Claire, WI 54701
|
August 12, 2008 10:00 am to 2:00 pm
|
Northern Regional Office Conference Room
2187 North Stevens Street Suite C
Rhinelander, WI 54501
|
August 13, 2008 10:00 am to 2:00 pm
|
Northeastern Regional Office
Conference Room
200 North Jefferson Street, Room 152A
Green Bay, WI 54301
|
August 14, 2008 10:00 am to 2:00 pm
|
Southeastern Regional Office
Conference Room
819 North 6th Street, Room 40
Milwaukee, WI 53202
|
August 15, 2008 10:00 am to 2:00 pm
|
Wis. Dept. of Health Services
1 W. Wilson Street
Room B155
Madison, WI 53703
|
The hearing site is 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.
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 4:30 p.m. on August 15, 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 Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or by contacting the person listed below.
Agency Contact Person
James Kaplanek, R.S
Chief
Food Safety and Recreational Licensing
