Rule-making notices
Notice of Hearing
Health and Family Services
[CR 04- 142]
NOTICE IS HEREBY GIVEN that pursuant to Sections
227.11 (2) (a) and
255.056 (2) and
(7), Stats., interpreting Sections
255.056 and
450.11, Stats., the Department of Health and Family Services will hold a public hearing to consider the proposal to create ch.
HFS 148, relating to the cancer drug repository program authorized under s.
255.056, Stats., and affecting small businesses.
Hearing Information
The public hearing will be held:
Wednesday March 2, 2005 at 10:00 a.m.
1 West Wilson
Room 950 A
Madison, WI
The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Place Where Written Comments may be Submitted
Written comments may be submitted at the public hearing, or in lieu of attending a public hearing written comments can be submitted by regular mail or email to:
Doug Englebert
Room 950
1 West Wilson
Madison, WI 53701
608-266-5388
Deadline for Comment Submission
The deadline for submitting comments is 4:30 p.m., on March 11, 2005.
Analysis Prepared by the Department of Health and Family Services
Under s.
255.056, Stats., pharmacies and medical facilities, which include hospitals, and clinics or offices used by physicians licensed under ch.
448, Stats., may elect to accept unused cancer drugs and cancer supplies for dispensation to individuals who meet eligibility criteria established by the Department in these rules. The proposed rules establish eligibility requirements for participation in the program; forms for use in the administration of the program; drugs and supplies that may and may not be accepted for use under the program; and the maximum handling fee that a pharmacy or medical facility may charge a recipient for drugs or supplies received under the program.
Initial Regulatory Flexibility Analysis
The proposed rules will affect only the pharmacies and medical facilities that elect to participate in the cancer drug repository program, including those that meet the definition of small business under s.
227.114 (1), Stats. Except for certain form requirements, the proposed rules do not impose reporting or recordkeeping requirements, or performance, operational, or design standards beyond what may be already required under s.
450.11, Stats., and ch.
Phar 7 relating to pharmacies; s.
HFS 124.15 relating to hospitals; and ch.
Med 17 relating to physicians.
Fiscal Estimate
It is estimated that the bill will cost $82,000 the first year and $27,400 thereafter including 0.5 FTE to implement. The fractional position will administer the program including the administration of a department web-based database. This program established under Act 175 did not appropriate any additional funds or positions to DHFS. Therefore, the Department will need to reallocate existing resources to implement the program. Because the costs result from Act 175 this proposed rule does not, by itself, have a fiscal effect.
Ongoing costs to the state are estimated at $27,400 in the second year, with annual increases thereafter. The provisions of the bill did not appropriate funds for this program; costs will need to be absorbed within existing appropriations.
Participation by pharmacies and/or hospitals is on a voluntary basis. Business entities (including small business entities) that lack the resource(s) to participate will simply elect not to become involved. The handling fee allowed in the rule is intended to cover some of the cost to process a prescription. These costs can be anywhere from $7.00-$9.00 depending on the pharmacy and location. Additional costs include storing this medication or shipping drugs to another pharmacy or hospital. Should the donated medications end up not being used or past the expiration date businesses will need to destroy the medication or hire someone to do it. They will incur costs for destruction and meeting EPA and DNR regulations.
Document Copies
A copy of the full text of the rules and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov or by contacting Doug Englebert, 1 West Wilson, Room 950, Madison, WI 53701.
Small Business Regulatory Review Coordinator
For matters or comments concerning a rule's impact on small businesses, contact:
Rosie Greer, DHFS Administrative Rules Manager
608-266-1279
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1-)
NOTICE IS HEREBY GIVEN that pursuant to ss.
20.370 (1) (fs),
29.014 and
227.11, Stats., interpreting ss.
20.370 (1) (fs),
71.10 (5) (am) and
29.605, Stats., the Department of Natural Resources will hold public hearings on the creation of subch.
III of ch. NR 12, Wis. Adm. Code, relating to the payment program for damage caused by endangered and threatened species of wildlife and gray wolves to livestock. The Bureau of Endangered Resources has administered this program since 1985 without rules because the species on the state's Endangered and Threatened lists could change from year to year, there were relatively few claims per year, and there was no controversy about the program. There is now a need for rules because the Endangered Resources program has responsibility for these payments regardless of legal status, claims have increased due to wolf damage, and there is significant public controversy about the wolf damage payment program.
The proposed rules differ from the existing program in three ways: proposed caps for maximum payments per livestock animal type; proposed maximum reimbursement of $15,000 per claimant per year (same as the wildlife damage payment program); and proposed deductible of $250 per claim (same as wildlife damage payment program). The rules propose to be applicable until wolves become a game species in Wisconsin.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
29.014 and
227.11, Stats., interpreting ss.
20.370 (1) (fs),
71.10 (5) (am) and
29.604, Stats., the Department of Natural Resources will hold public hearings on the creation of subch.
III of ch. NR 12, Wis. Adm. Code, relating to the payment program for damage caused by endangered and threatened species of wildlife and gray wolves to hunting dogs and pets. The Bureau of Endangered Resources has administered this program since 1985 without rules because the species on the state's Endangered and Threatened lists could change from year to year, there were relatively few claims per year, and there was no controversy about the program. There is now a need for rules because the Endangered Resources program has responsibility for these payments regardless of legal status, claims have increased due to wolf damage, and there is significant public controversy about the wolf damage payment program.
The proposed rules differ from the existing program in four ways: proposed maximum reimbursement of $15,000 per claimant per year (same as the wildlife damage payment program); proposed deductible of $250 per claim (same as wildlife damage payment program); proposed limit on hunting dog payments whereby the Department would not pay for additional dogs killed by wolves within 5 miles of a previous dog kill site that the Department has publicly noticed; and proposal that the loss of personal property other than pets and hunting dogs will not be eligible for reimbursement. These rules propose to be applicable until wolves become a game species in Wisconsin.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Individuals involved in agriculture
b. Description of reporting and bookkeeping procedures required: None, except that to be eligible for reimbursement for calves, claimants needs records confirming the count of the number of calves missing
c. Description of professional skills required: None
The Department's Small Business Regulatory Coordinator may be contacted at SmallBusinessReg.Coordinator@ dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
February 15, 2005 Cafeteria, Spooner High School
Tuesday at 6:00 pm. 500 College Street, Spooner
February 15, 2005 GLI Room
Tuesday at 6:00 pm. Black River Falls Middle School
1202 Pierce Street
Black River Falls
February 16, 2005 Cafeteria
Wednesday at 6:00 pm. James Williams Jr. High School
915 Acacia Lane, Rhinelander
