Chs. HFS 172, 175, 178 and 195 to 198 — Relating to increases in permit fees and related fees and a one-time technology improvement surcharge for the operation of Department-regulated public swimming pools, camps, campgrounds, hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments and food and beverage vending operations and commissaries.
Summary of Final Regulatory Flexibility Analysis:
Most of the 16,051 facilities affected by the fee increases and technology improvement surcharge are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
The order amends the Department's rules to provide for an increase of about 18% in permit fees, a $25 increase in the penalty fee when a permit fee is paid late and an increase ranging from $70 to $ 220 in the preinspection fee before issuance of the initial permit (this fee does not apply to swimming pools, camps, campgrounds or vending machines), and a one-time technology improvement surcharge of $15 to $25 to be paid by each permit holder which will enable the Department to update its computerized information and processing system for the regulatory program.
The regulatory program is operated exclusively on the basis of fee revenue.
The fee increases and one-time technology improvement surcharge will enable the Department to maintain this regulatory program at its current levels for frequency of routine inspections to protect public health, responding promptly to complaints from the public and undertaking necessary enforcement action, and to modernize its permit issuance and information system.
Some variation is provided for in the amount of a permit fee and the technology improvement surcharge, based on the number of sites for a campground, the number of rooms in a hotel or motel, and both the type and seating capacity of a restaurant.
The amount of a permit fee as well as the amount of a preinspection fee reflect the costs of regulation, in particular the costs of inspecting a facility.
No comments were received at the Department's public hearings on the proposed rule changes.
Summary of Comments:
No comments were received.
5.   Insurance (CR 98-48)
Ch. Ins 17 - Annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1998.
Summary of Final Regulatory Flexibility Analysis:
The Office of the Commissioner of Insurance has determined that this rule not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees:
The legislative standing committees had no comments on this rule.
6.   Workforce Development (CR 98-32)
SS. DWD 290.15 and 290.155 - Minimum estimated project costs relating to prevailing wage rates for state of local public works projects.
Summary of Final Regulatory Flexibility Analysis:
Small businesses are affected by this rule change only to the extent that it raises the minimum cost threshold for the application of the prevailing age law to public works projects. There will either be no change in the regulatory impact on small businesses (if a particular project is still covered after the rule change) or there will be a positive change (if a particular project is not covered).
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Labor and Employment and the Senate Committee on Human Resources, Labor, Tourism, Veterans and Military Affairs. There were no comments.
7.   University of Wisconsin System (CR 97-149)
Ch. UWS 18 - Conduct on university lands.
Summary of Final Regulatory Flexibility Analysis:
The revisions in ch. UWS 18 will not affect small businesses.
Summary of Comments:
No comments were reported.
E x e c u t i v e O r d e r s
The following is a listing of recent Executive Orders issued by the Governor.

  Executive Order 340. Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Brave Men and Women of the Armed Forces of the United States Who Lost Their Lives in the Korean War.
  Executive Order 341. Relating to a Proclamation on Year 2000 Preparedness.
  Executive Order 342. Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Late Jacob J. Chestnut and the Late John Gibson of the United States Capitol Police Department.
  Executive Order 343. Relating to the Creation of a Supplementary Class of Non-Voting, Non-Statutory Members of the Wisconsin Land Council.
  Executive Order 344. Relating to a Proclamation of a State of Emergency.
  Executive Order 345. Relating to the Amendment of Executive Order No. 344.
  Executive Order 346. Relating to a Proclamation of a State of Emergency.
  Executive Order 347. Relating to a Proclamation that the Flags of the United States and the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for those Individuals Killed in the Bombing Incidents Outside the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania.
  Executive Order 348. Relating to the Amendment of Executive order No. 346.
Public Notices
Public Notice
Health & Family Services
(Medical Assistance Reimbursement for Case Management Services:
Targeted Case Management for Child Welfare Clients in Out-of-Home Care)
The State of Wisconsin reimburses providers for case management services provided to Medical Assistance recipients under the authority of Title XIX of the Social Security Act and ss. 49.43 to 49.47, Wisconsin Statutes. This program, administered by the State's Department of Health and Family Services, is called Medical Assistance (MA) or Medicaid. Federal statutes and regulations require that a state plan be developed that provides the methods and standards for reimbursement of covered services. A plan that describes the reimbursement system for the services (methods and standards for reimbursement) is now in effect.
Among providers of case management services are those who provide targeted case management for families with children up to the age of 21 who are at risk of physical, mental, or emotional dysfunction. The recipients of this service make up what is called Target Group N.
The Wisconsin Department of Health and Family Services is proposing to modify the rate methodology for targeted case management (TCM) services delivered by the Bureau of Milwaukee Child Welfare or its subcontractors for those clients in Target Group N where the child has been placed in substitute (out-of-home) care within Milwaukee County. The Department's proposal involves no change in the definition of the already existing group and the benefits remain the same.
The state's estimate of any expected increase or decrease in annual aggregate Medicaid expenditures shows an increase of $17,814,708 (Federal Financial Participation-FFP $10,482,174) in state fiscal year (SFY) '98 and $35,629,416 (FFP $20,964,348) in SFY '99. A decrease would take place in Title IV-E expenditures of $12,470,296 (FFP $6,235,148) in SFY '98 and $24,940,591 (FFP $12,470,296) in SFY '99.
The billing process will be established in such a manner as to prevent the processing of duplicate billings for the same client for the same service period. This will be accomplished by installing edits between procedure codes in the Wisconsin Medicaid Management Information System (MMIS) system. The methodology also contains a provision for adjusting the rate to an actual cost basis after completion of the federal fiscal year. In addition, amendments are being proposed to the Department's Cost Allocation Plan to ensure avoidance of duplicate claims for TCM and Title IV-E.
The Department is changing its methods and standards in this manner because this is a more efficient and comprehensive way to track the time expended in delivering these case management services.
The methodology uses the federally approved Random Moment Time Study (RMTS) as a tool in developing the monthly rate per client. Initially the Department will implement the new rate methodology in Milwaukee effective April 1, 1998. Based on legislation and other factors, the Department may implement the methodology on a statewide basis.
Proposed Change
The proposed change is to:
Create a new rate methodology which will employ the Random Moment Time Study (RMTS) as a tool in developing the monthly rate per client for targeted case management services.
Copies of the Available Proposed Changes
A copy of the proposed change may be obtained free of charge by calling or writing as follows:
Regular Mail
Attention: State Plan Coordinator
Bureau of Health Care Financing
P.O. Box 309
Madison, WI 53701-0309
Phone
James Johnston
Policy Section Chief
(608) 267-9474
FAX
(608) 266-1096
Attention: State Plan Coordinator
E-Mail
A copy of the proposed change are available for review at the main office of any county department of social services or human services.
Written Comments
Written comments are welcome. Written comments on the proposed changes may be sent by FAX, e-mail, or regular mail to the Bureau of Health Care Financing. The FAX number is (608) 266-1096. The e-mail address is matana@dhfs.state.wi.us. Regular mail can be sent to the above address. All written comments will be reviewed and considered.
The written comments will be available for public review between the hours of 7:45 a.m. and 4:30 p.m. daily in Room 250 of the State Office Building, 1 West Wilson Street, Madison, Wisconsin. Revisions may be made in the proposed changed methodology, based on comments received.
Public Notice
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.