Scope statements
Commerce
Subject
Private Sewage System Replacement or Rehabilitation Grant Program. Objective of the rule. The objectives of this rule revision is to update the provisions of the Department's administrative rules relating to Private Sewage System Replacement and Rehabilitation. The update will primarily incorporate any Statutory changes since the current rule became effective February 1999, create language for an available loan program, and update terminology.
Policy analysis
Existing policies. The current rule has been in effect since February 1, 1999 and due to the application and funding cycle provided in s.
Comm 87.02, this rule pertained to the February 1, 2000 application and funding cycle.
The current rule was adopted and effective prior to a major revision of ch.
Comm 83, Private Onsite Wastewater Treatment Systems, in which several newly-recognized system types became codified, thus creating on-going staff time allocated to communication and interpretation. Section
145.245 (11) (e), Stats., allows for a portion of the fund to be allocated for experimental systems; however, the current rule does not include a pre-approval process.
The current rule does not acknowledge maintenance and monitoring work conducted by POWTS maintainers. Also, the current rule does not reflect loan provisions under s.
145.245 (12m), Stats.
New policies. The revised rule would: incorporate terminology, definitions and other changes in chs.
Comm 81 and
83 and any Statutory changes since the current rule became effective in February 1999; create a specific process for allocations for experimental systems; acknowledge the work that POWTS maintainers can perform relative to the maintenance provisions of the program; and may include other improvements based on additional input from program participants.
Policy alternatives. Continue current policy. The alternative of not revising the code will result in rules being inconsistent with other department rules, specifically chs.
Comm 81 and
83.
Promulgate rule revisions as stated herein. This grant program is an important component in protecting the state's groundwater resource with 68 governmental units (counties) participating. The funding appropriation is generally fully expended each year of allocation. The participants in this program deserve rules that are up-to-date and respond to the costs of system rehabilitation and replacement.
Statutory authority
Section
145.245, Stats. provides the Department authority to implement and administer a financial assistance program to replace or rehabilitate failing private sewage systems.
Staff time required
The department estimates the amount of time it will take staff to develop this rule will be 460 hours. This time includes research, meeting with an advisory council, drafting of the rule and related documents, and processing the rule through public hearings and legislative review. The department will assign current staff to develop the rule. There are no other resources necessary to develop this rule.
Commerce
Subject
Rental Unit Energy Efficiency. Objective of the rule. The objectives of this rule, to be incorporated into one or more rule packages, are to: Conform with s.
101.122 (2) (e) which requires the department to review this chapter at least once every 5 years; the last revision occurred in 1999. Revise the rule to recognize process efficiencies undertaken within the program, and review definitions and requirements for clarity and appropriateness and revise the rule where necessary.
Policy analysis
Section
101.122, Stats., requires the department to promulgate rules that provide minimum energy efficiency standards for rental units. The review will look at new energy conservation technologies and whether the rules should require the use of these new technologies. A new policy will be examined that would permit the satisfaction of existing stipulations to be achieved by meeting the current standards instead of the old standard under which the stipulation was issued.
Statutory authority
Staff time required
The department estimates the amount of time it will take staff to develop this rule will be 200 hours. This time includes research, meeting with an advisory council, drafting of the rule and related documents, and processing the rule through public hearings and legislative review. The department will assign existing staff to develop the rule. There are no other resources necessary to develop this rule.
Health and Family Services
Subject
To amend ch.
HFS 15, Assessment for Occupied Beds in Nursing Homes and Intermediate Care Facilities for the Mentally Retarded, in response to changes
2003 Wisconsin Act 33 made to s.
50.14 of the Wisconsin statutes.
Policy analysis
2003 Wisconsin Act 33 modified s.
50.14 of the Wisconsin statutes, relating to assessments on occupied, licensed beds in nursing homes and intermediate care facilities for the mentally retarded (ICF-MR.)
Under section 50.14 of the Wisconsin Statutes, nursing facilities (nursing homes and ICF-MRs) are assessed a monthly fee for each occupied bed. Facilities owned or operated by the state, federal government, or located out of state are exempt from the assessment. Beds occupied by a resident whose nursing home costs are paid by Medicare are also exempt. The rate, specified in s.
50.14 (2) of the statutes, was $32 per month per occupied bed for nursing homes and $100 per month per occupied bed for ICF-MRs.
1. It broadened the scope of which types of long-term care facilities must pay a monetary assessment to the Department by:
a. eliminating exemptions from being subject to the assessments of facilities owned or operated by the state or federal government, and beds occupied by residents whose care is reimbursed in whole or in part by medicare under
42 USC 1395 to
1395ccc; and
b. eliminating the exclusion of unoccupied facility beds from facility bed count calculations.
2. It increased the per bed fee limit the Department may charge subject ICF-MRs, from $100 per bed to $435 per bed in fiscal year 2003-04 and $445 per bed in fiscal year 2004-05.
3. It increased the per bed fee limit the Department may charge subject nursing homes, from $32 per bed to $75 per bed.
4. It establishes the requirement that amounts collected in excess of $14.3 million in fiscal year 2003-04, $13.8 million in fiscal year 2004-05, and, beginning July 1, 2005, amounts in excess of 45% of the amount collected be deposited in the Medical Assistance Trust Fund.
5. It specifies that facility beds that have been delicensed under section
49.45 (6m) (ap) 1. of the statutes, but not deducted from the nursing home's licensed bed capacity under section 49.45 (6m) (ap) 4. a., are to be included in the number of beds subject to the assessment.
Given these statutory changes, the Department is proposing to modify ch.
HFS 15 accordingly. The Department has issued an emergency rule, currently in effect, that contains identical changes to HFS 15.
Statutory authority
Staff time required
10 hours.
Health and Family Services
Subject
The Department proposes to amend ch.
HFS 138, relating to administration of a program that provides health insurance premium subsidies to eligible persons.
Policy analysis
Sections
252.16 and
252.17, Stats., direct the Department to operate a program that provides subsidies to cover the cost of health insurance premiums for persons with human immunodeficiency virus (HIV) infection who, because of a medical condition resulting from that infection, must take an unpaid leave from their jobs or are unable to continue working or must reduce their hours of work. The Department has been operating this program since November 1990 under ch.
HFS 138 administrative rules.
1999 Wisconsin Act 103 modified section 252.17 in several respects. First, it increased the family income eligibility limits under section
252.17 (3) (b), Stats., from 200% to a maximum of 300% of the federal poverty line. Second, it created a new section
252.17 (4) (d), Stats., that specifies that the Department will pay a portion of the health insurance premium for individuals whose family income is between 200% and 300% of the federal poverty line. It further specifies that the Department will establish the schedule for payment in administrative rule. Finally, Act 103 created a new section
252.17 (6) (c), Stats., that directs the Department to establish, in rule, the premium contribution schedule for individuals who have a family income that exceeds 200% but does not exceed 300% of the federal poverty line. It further directs the Department to take into consideration both income level and family size in establishing the schedule.
Statutory authority
Staff time required
The Department estimates that it will take about 10 hours to draft these rules.
Natural Resources
Subject
Waiver of the slow-no-wake speed restriction on Elkhorn Lake
