Scope statements
Financial Institutions-Banking
Subject
Section
DFI-Bkg 80.90 - Relating to registration fees under the Wisconsin Consumer Act.
Policy analysis
Objective of the rule. To create s.
DFI-Bkg 80.90.
2001 Act 16 amended ss. 426.201 (2) (intro), (2) (fm), (3), and 426.202 (1m) (b) and (1m) (c); created s. 426.201 (2m); repealed s. 426.202 (1m) (a) 1. a., (1m) (a) 1. b., and (1m) (a) 1. c., (d) and (e); and renumbered and amended s.
426.202 (1m) (a) 1. (intro.). The act authorizes the Department of Financial Institutions to adopt rules pertaining to registration fees under the Wisconsin Consumer Act. The proposed rule revises the formula for calculating these fees.
Statutory authority
Staff time required
40 hours.
Health and Family Services
Subject
Policies regarding the circumstances under which the superintendent of a facility housing a sexually violent person placed at the facility under s.
980.065, Stats., may allow that person to leave the grounds of the facility under escort.
Policy analysis
2001 Wisconsin Act 16 (the biennial budget bill) created a new section of ch.
980, Stats., to address circumstances under which a person committed to either the Wisconsin Resource Center or the Sand Ridge Secure Treatment Center could be allowed to temporarily leave the facility for selected reasons, such as death-bed visits and funerals. The law directs the Department of Health and Family Services to promulgate rules for the administration of this new section. The rules the Department would develop would establish the policies and procedures under which the superintendent of a facility could allow a patient detained or committed under ch.
980, Stats., to leave the grounds of the facility under escort.
Statutory authority
Staff time required
30 hours to develop rules for department-level review.
Health and Family Services
Subject
The proposed rule's purpose is to mitigate the large drug costs the Wisconsin Chronic Disease Program (WCDP) is experiencing, by increasing benefit recipients' copayment amount. The Department administers the WCDP, which is the payer of last resort for the adult working poor with health problems relating to Chronic Renal Disease, Hemophilia or Adult Cystic Fibrosis. Administrative rules governing the reimbursement of beneficiary costs of each of these three illnesses are contained in chs.
HFS 152,
153 and
154, respectively.
Policy analysis
The WCDP reimburses beneficiaries' dialysis and transplant services, home supplies, lab and x-ray services and kidney donor services for chronic renal disease recipients. Adult cystic fibrosis recipients are eligible for reimbursement of hospital services, certain physician services, lab and x-ray services, prescription medication and some home supplies. Recipients with hemophilia receive reimbursement for blood derivatives and supplies necessary for home infusion. About 90% of the program's budget funds the care of chronic renal disease recipients. About $2.7 million of that 90% of the WCDP budget ($4.5 million) is for medications. Medication costs are increasing about 10% annually. The Department did not receive an inflationary adjustment to accommodate the rising medication costs and other factors in the 2001-03 biennial budget. Consequently, the WCDP will likely have an estimated shortfall of about $900,000 (GPR) for the 2001-03 biennium. An expanded drug rebate program, additional generic drugs, and additional price ceilings can fund a majority, but not all of the $900,000 needed savings. Therefore, the Department will also need to increase WCDP patients' drug copayments. The Department's Office of Legal Counsel has determined that existing ss.
HFS 152.065 (6),
153.07 (4) and
154.07 (4) limit WCDP to the existing $1 Medicaid drug copayment levels. An alternative to increasing WCDP drug copayments would be to limit WCDP enrollment or drug coverage. However, section
49.68 of the statutes states that “it is declared to be the policy of this state to assure that all persons are protected from the destructive cost of kidney disease treatment by one means or another." Therefore, the Department deems increasing the drug copayment amount for all three chronic disease programs to be the most prudent option. The copayment amount will be based on the recommendation of the WCDP Advisory Committee and other factors.
Statutory authority
The WCDP is governed by sections 49.68, 49.683 and 49.685 of the Wisconsin Statutes and chapters HFS 152, 153 and 154 of the Wisconsin Administrative Code.
Staff time required
Approximately 30 hours to prepare a draft rulemaking order.
Insurance
Subject
Section
Ins 8.49, Wis. Adm. Code, relating to timely processing of applications for small employer health insurance.
Policy analysis
Objective of the rule. To comply with the Governor's Task Force Report on Small Employer Health Insurance recommendation to develop a voluntary uniform application for small employers and require insurers to process applications and make offers to small employers applying for health insurance coverage with a specified time period.
Current rules require that coverage be extended in a timely fashion but do not cover the actual rate quote which may be delayed, this interferes with the ability of the small employer to obtain and compare rates in order to choose the most competitive rate, this new rule will reflect the policy recommendation of the Governor's Task Force Report that the use of a uniform application and rules requiring processing of applications and offers within a specified time period will reform the application process so as to ease the burden of small employers.
Statutory authority
Staff time required
40 hours.
Natural Resources
Subject
Laboratory Certification Program fee adjustments.
Policy analysis
NR 149.05 (1) (b), Wis. Adm. Code, requires annual Laboratory Certification program fee adjustments be approved by the Natural Resources Board. Timing is critical to the fee approval process. Laboratories are billed each year in May, with payment due in full by the certification period's August 31 end-date. If the proposed budget and fees are not approved at the March Natural Resources Board meeting, it will be difficult for the program to mail bills in time to collect the revenue necessary to operate the program during the coming fiscal year. In accordance with s.
NR 149.05 (1) (b), the fee adjustment proposal will be reviewed by the Laboratory Certification Standards Review Council prior to the March Natural Resources Board meeting. The Council's comments regarding the program's fee adjustment proposal will be summarized and addressed for presentation to the Natural Resources Board.
Statutory authority
Staff time required
Approximately 115 hours of Department time will be needed.
Natural Resources
Subject
Snowmobile railroad crossings.
Policy analysis
Major changes to the enabling legislation that created the Department's role in regulating snowmobile railroad crossings that are not located on public roads occurred in the spring session of the 2001 Legislature.
2001 Wisconsin Act 14 was signed into law on August 17, 2001. This legislation resolves a lawsuit against the Department and the Governor filed in 1999 by the Soo Line Railroad. The resulting legislative changes were the product of negotiations between the Association of Snowmobile Clubs, the Department, the Attorney General's Office, the Office of the Commission of Rails and railroad company representatives. The major changes in the legislative modification that impact the way the Department will administer the snowmobile rail crossing law include removal of snowmobile clubs from the responsibility of the construction activity within 4 feet of each rail. This construction will now be done by the railroad authority. This will result in the removal of construction standards from the rules. The railroad will also be able to recoup a fee for the use of their property for the crossing. The permit application and review procedure for new crossings is also modified so that the railroad interests have more standing in the siting and approval of a new crossing.
Statutory authority
Staff time required
