Rule-Making Notices (Hearing Notices)

NOTICE IS HEREBY GIVEN that pursuant to section 49.197 (2), Stats., the Department of Children and Families proposes to hold a public hearing to consider proposed permanent rules to revise Chapter DCF 201, relating to the incentive program for local agencies that identify child care subsidy fraud committed by child care providers.

Hearing Date and Location

Date:   Wednesday, May 7, 2014
Time:   2:00 p.m.
Location:   GEF 1 Building, Room H206
  201 E. Washington Avenue
  Madison, WI

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.

If you have special needs or circumstances regarding communication or accessibility at a hearing, please call [phone] 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.

Place Where Comments are to be Submitted and Deadline for Submission

A copy of the proposed permanent rule is 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 rules or fiscal estimate by contacting:

Elaine Pridgen

Department of Children and Families

201 E. Washington Avenue

Madison, WI 53703

[phone]

[e-mail].

Written comments on the rules received at the above address, email, or through the http://adminrules.wisconsin.gov website no later than May 8, 2014, will be given the same consideration as testimony presented at the hearing.

Analysis Prepared by the Department of Children and Families

Statutory authority

Section 49.197 (2) (b), Stats., as repealed and recreated by 2011 Wisconsin Act 32.

Statutes interpreted

Section 49.197 (2), Stats., as repealed and recreated by 2011 Wisconsin Act 32.

Related statute or rule

Section 49.155 (7m), Stats.

Explanation of agency authority

Section 49.197 (2), Stats., as repealed and recreated by 2011 Wisconsin Act 32, provides that the department shall by rule establish an incentive program that, using moneys from the allocation under s. 49.175 (1) (p), Stats., rewards county departments, Wisconsin Works (W-2) agencies, and tribal governing bodies that administer the subsidy program for identifying fraud in the subsidy program.

The rule shall specify that a county department, W-2 agency, or tribal governing body shall receive, for identifying fraudulent activity under the subsidy program on the part of a child care provider, an amount equal to the average monthly subsidy payment per child during the prior fiscal year, multiplied by the number of children participating in the subsidy program for whom the provider provides care, multiplied by 1.5 months. A county department, W-2 agency, or tribal governing body may use payments received for any purpose for which moneys under the Temporary Assistance for Needy Families block grant program may be used under federal law.

No later than January 1, 2012, the department shall submit its plan for the incentive program to the Joint Committee on Finance for review by the committee. The department shall promulgate the rule for the incentive program in accordance with the plan as approved by the committee.

Summary of the proposed rule

The proposed rule for the incentive program will implement the department's plan as approved by the Joint Committee on Finance on January 23, 2012. The department's plan is available at http://legis.wisconsin.gov/lfb/jfc/passive_review/Pages/JFC-Passive-Review.aspx.

The proposed rule provides that the department shall provide an incentive payment to a local agency for identifying fraud in the child care subsidy program on the part of a child care provider if all of the following apply:

•   The local agency investigates the child care provider by conducting site visits, collecting and reviewing the provider's attendance and billing records, interviewing persons of interest, or gathering supporting case information.

•   The local agency's investigation finds that the child care provider intentionally submitted false, misleading, or irregular information to the department or failed to comply with the terms of the child care subsidy program and failed to provide to the satisfaction of the agency or the department an explanation for the noncompliance.

•   The local agency calculates and establishes the amount of the overpayment made to the provider as a result of the provider's actions.

•   The local agency's actions result in the department, in conjunction with the local agency, withholding payments to be made to the child care provider.

•   The withholding of payments is upheld in the final review under s. DCF 201.07 or the provider does not request a review or appeal.

•   If directed by the department, the local agency requests the district attorney to consider criminal prosecution of the child care provider.

The department shall determine the amount of an incentive payment earned by a local agency by multiplying the statewide average monthly subsidy payment per child in the preceding fiscal year by the average monthly number of children for whom payment was authorized to the provider in the 12 months before the local agency or the department refused to issue payments by 1.5 months. If payment was not authorized to the provider for all of the preceding 12 months, multiply by the average monthly number of children for whom payment was authorized to the provider for the number of months that payment was authorized will be used.

An incentive payment earned by a local agency for identifying fraud in the child care subsidy program by a single child care provider may not exceed $25,000. A local agency may earn more than one incentive payment per year if the local agency identifies fraud in the child care subsidy program by more than one child care provider.

A local agency that has earned an incentive payment may request that the department distribute the funds for any of the following:

•   The local agency's child care fraud contract with the department for the following year.

•   The local agency's current child care fraud contract with the department if the request is made in the first half of the contract term.

•   Any purpose that is consistent with the currently approved state plan for use of federal funds under the Temporary Assistance to Needy Families program.

The initial applicability of incentives under the proposed rule is investigations that were initiated on or after January 1, 2012.

Summary of factual data and analytical methodologies

The proposed rule provides detail necessary to implement s. 49.197 (2), Stats. No data was used.

Summary of related federal requirements

None

Comparison to rules in adjacent states

The department is not aware of rules regarding incentive programs for local agencies that identify fraud committed by child care providers in any of the adjacent states.

Agency Contact Person

Erik Hayko, Division of Early Care and Education, [phone], [e-mail].

Text of Rule

SECTION 1. DCF 201.03 (6) is created to read:

DCF 201.03 (6) INCENTIVE PROGRAM FOR LOCAL FRAUD DETECTION.

(a) Definition. In this subsection, “local agency" means a child care administrative agency, excluding an agency in a county having a population of 750,000 or more.

(b) Identifying fraud. The department shall provide an incentive payment to a local agency for identifying fraud in the child care subsidy program on the part of a child care provider if all of the following apply:

1. The local agency investigates the child care provider by doing any of the following:

a. Conducting site visits.

b. Collecting and reviewing the provider's attendance and billing records.

c. Interviewing persons of interest.

d. Gathering supporting case information.

2. The local agency's investigation finds that the child care provider intentionally submitted false, misleading, or irregular information to the department or failed to comply with the terms of the child care subsidy program under s. 49.155, Stats., and failed to provide to the satisfaction of the agency or the department an explanation for the noncompliance.

3. The local agency calculates and establishes the amount of the overpayment made to the provider as a result of the provider's actions under sub. 2.

4. The local agency's actions in subd. 1. to 3. result in the department, in conjunction with the local agency, withholding payments to be made to the child care provider under s. 49.155 (7m) (a) 2., Stats.

5. The withholding of payments under subd. 4. is upheld in the final review under s. DCF 201.07 or the provider does not request a review or appeal.

6. If directed by the department, the local agency requests the district attorney to consider criminal prosecution of the child care provider.

(c) Payment amount. 1. The department shall determine the amount of an incentive payment earned by a local agency under par. (b) by multiplying all of the following amounts:

a. The statewide average monthly subsidy payment per child in the preceding fiscal year.

b. The average monthly number of children for whom payment was authorized to the provider under s. DCF 201.04 (2g) in the 12 months before the local agency or the department withheld payments under par. (b) 3. If payment was not authorized to the provider for all of the preceding 12 months, the average monthly number of children for the number of months that payment was authorized.

c. 1.5 months.

2. An incentive payment earned by a local agency for identifying fraud in the child care subsidy program under par. (b) by a single child care provider may not exceed $25,000.

3. A local agency may earn more than one incentive payment per year if the local agency identifies fraud in the child care subsidy program under par. (b) by more than one child care provider in that year.

(d) Use of incentive funds. A local agency that has earned an incentive payment may request that the department distribute the funds for any of the following purposes:

1. The local agency's child care fraud contract with the department for the following year.

2. The local agency's current child care fraud contract with the department if the request is made in the first half of the contract term.

Note: Contracts with counties are based on a calendar year and contracts with tribes are based on a federal fiscal year.

3. Any purpose that is consistent with the currently approved state plan for use of federal funds under the Temporary Assistance to Needy Families program.

SECTION 2. INITIAL APPLICABILITY. This rule first applies to investigations under s. DCF 201.03 (6) (b) 1. that were initiated on or after January 1, 2012.

SECTION 3. EFFECTIVE DATE. This rule shall take effect the first day of the month following publication in the Administrative Register as provided in s. 227.22 (2) (intro.), Stats.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
DCF 201, Administration of Child Care Funds
3. Subject
Incentive Program for Local Agencies that Identify Child Care Subsidy Fraud Committed by Child Care Providers
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   X FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			Section 20.437 (2) (md), Stats.
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	X Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes   X No
9. Policy Problem Addressed by the Rule
The rule provides the procedures for implementing s. 49.197 (2), Stats.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The department solicited comments from the Wisconsin County Human Service Association, the Wisconsin Association on Public Assistance Fraud, and local agencies that administer the child care subsidy program under s. 49.155, Stats.
11. Identify the local governmental units that participated in the development of this EIA.
Rock County
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local agencies that administer the child care subsidy program may increase their revenue if they earn an incentive under the rule. Section 49.197 (2) (b) 1., Stats., directs the department to fund the incentive program from the allocation for direct child care services under s. 49.175 (1) (p), Stats. Rock County contracts with a private investigator to conduct its child care provider fraud investigations. They asked whether the county or the private investigator would be eligible to receive the incentive payments. The department would make the payment to the local agency. The allowable uses for the funds are in the proposed s. DCF 201.03 (6) (d).
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Section 49.197 (2) (b) 1., Stats., directs the department to promulgate this rule.
14. Long Range Implications of Implementing the Rule
None
15. Compare With Approaches Being Used by Federal Government
NA
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
The department is not aware of rules governing an incentive program for local agencies that identify child care subsidy fraud committed by providers in any of the adjacent states.
17. Contact Name				18. Contact Phone Number
Erik Hayko				[phone]

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Technical College System

rulemaking_notices CR 14-022 CR 14-022

NOTICE IS HEREBY GIVEN that pursuant to Wis. Stats. s. 38.04, and interpreting Wis. Stats. s. 38.04 (4), the Wisconsin Technical College System will hold a public hearing to consider repealing and recreating Chapter TCS 3, related to Certification of Personnel: Requirements and Procedures.

Hearing Date and Location

Date:   Tuesday, April 29, 2014
Time:   9:00 a.m.
Location:   Wisconsin Technical College System
  Office

  Board Room
  4622 University Avenue
  Madison, WI 53707

It is the policy of the Wisconsin Technical College System Board (WTCSB) to provide accommodations to persons with disabilities, which may affect their ability to access or participate in WTCS activities. To request assistance or reasonable accommodations for the scheduled public hearing, contact Nancy Merrill at [phone] or [e-mail].

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to the agency contact person listed above. Deadline for submission is 5 p.m., April 29, 2014.

Analysis Prepared by the Wisconsin Technical College System Board