Scope statements
Health and Family Services
Subject
The Department of Health and Family Services proposes to amend ch.
HFS 75, relating to substance abuse counselors, clinical supervisors, and prevention specialists.
Policy Analysis
The Department proposes to amend ch.
HFS 75 relating to substance abuse counselors, clinical supervisors and prevention specialists (also known as substance abuse professionals) to reflect the transfer of credentialing authority for these professions from the Department of Health and Family Services to the Department of Regulation and Licensing (DRL) as required under
2005 Wisconsin Act 25, s.
9121 (12s).
The Department's rules relating to substance abuse counselors, clinical supervisors, and prevention specialists are void under
2005 Wisconsin Act 25, s.
9121 (12s) (b). Permanent rules relating to substance abuse counselors, clinical supervisors, and prevention specialists are under promulgation by DRL. Emergency rules promulgated by DRL are in effect.
Statutory authority
Entities affected by the rule
Entities that will be affected by the proposed rules are substance abuse counselors, clinical supervisors, and prevention specialists, and substance abuse services that receive funds under ch.
51, Stats., is approved by the state methadone authority, is funded through the department as the federally designated single state agency for substance abuse services, receives substance abuse prevention and treatment funding or other funding specifically designated for providing services under ss.
HFS 75.04 to
75.15 or is a service operated by a private agency that requests certification.
Comparison with federal regulations
There appear to be no existing or proposed federal regulations that involve the definition or qualifications of substance abuse counselors, clinical supervisors and prevention specialists.
Staff time required
The Department estimates that it will take approximately 150 hours for staff to develop the proposed rules. The Department will collaborate with DRL and an advisory committee to ensure consistency between ch.
HFS 75 and the rules created by DRL.
Contact Person
Greg Levenick
(608) 266-1987
Insurance
Subject
Objective of the rule. During the discussion on July 18, 2006 with the Joint Committee for the Review of Administrative Rules (JCRAR) and the Office of the Commissioner of Insurance, the JCRAR agreed to not suspend ss.
Ins 9.25 (1),
(3),
(5) and
Ins 9.27, Wis. Adm. Code, if the Office agreed to implement a permanent and emergency rule grandfathering any preferred provider policy that has been or is issued prior to January 1, 2007.
The proposed rule will comply with the JCRAR's request by implementing an applicability provision limiting the application of the new requirements that are effective January 1, 2007, to newly issued polices and grandfather preferred provider plan policies issued by insurers that are currently being marketed and sold that do not meet the requirements specified in s.
Ins 9.25 and
9.27, Wis. Adm. Code. The limited exemption would grandfather those insurers who have sold policies issued on or before December 31, 2006 to Wisconsin citizens from compliance with the new preferred provider plan requirements established by s.
Ins 9.25 and
9.27, Wis. Adm. Code. This proposed rule will also be issued by the Office as an emergency rule in accordance with the direction of JCRAR.
Policy Analysis
Chapter
Ins 9 includes the provisions cited above which address the requirements for insurers offering preferred provider plans beginning January 1, 2007. There are policies being issued by licensed insurers that do not comply with the new requirements. To recognize these existing policies that do not contain the necessary provisions to comply with the new requirements, JCRAR requested the Office grandfather those existing preferred provider plans from modifying this block of business subsequent to January 1, 2007 and permit those policies to continue in the form sold. Newly issued policies after January 1, 2007 will be required to be compliant with s.
Ins 9.25 and
9.27, Wis. Adm. Code.
There is no viable alternative to establishing by rule the requirements for these health insurance products. The statutory framework contained within ch.
609 and s.
632.85, Wis. Stats., raise the issues that the proposed rule will address.
Statutory authority
Staff time required
200 hours and no other resources are necessary
Entities affected by the rule
The proposed rule will affect insurers which offer defined network plans, health maintenance organizations and preferred provider plans. Insurers will be required to revise their relationships, including provider and insurance contracts, with health care providers, health care provider networks, employers and individuals.
Comparison with federal regulations
The Office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
Contact Person
Fred Nepple
(608) 266-7726
Natural Resources
Subject
Objective of the rule. Update the administrative code to incorporate current federal regulations, modify existing development standards language, and update technical standards and guidance in code.
Policy Analysis
While changes were made to the engineering standards in 1986, ch.
NR 116 development standards have not been revised since the code was originally promulgated in the early 1970's. Since then, significant advances have been made in disaster-resistant building techniques, the importance of preserving floodplains for resource-protection and public safety purposes, and in floodplain engineering and mapping standards. The code needs to be revised to reflect these advances and to incorporate language that promotes wise and sustainable use of floodplain areas. Some of the specific sections to be addressed include: Accessory structure standards in the code must be revised to remain in compliance with minimum FEMA standards. Floodproofing language needs to be expanded. Floodway development standards need to be clarified. Department duties as outlined in the code are dated and don't reflect the current workload requirements.
Statutory authority
Staff time required
500 – 600 hours for program and legal staff.
Entities affected by the rule
Current and potential floodplain property owners, local zoning officials, realtors, builders.
Comparison with federal regulations
Chapter
NR 116 complements the federal regulations in 44 CFR, Part
60. The purpose of separate state regulations is to expand on the minimum national standards in order to adequately address flooding concerns (spring runoff, ice jams) which are found in the upper Midwest. NR 116 includes higher building elevation standards, building restrictions and regulations for pre-existing structures.
Natural Resources
Subject
Wisconsin Act 347 became effective April 29, 2006 and necessitates rule revisions to incorporate many of its provisions. Act 347 was the product of a Special Committee on Septage Disposal formed by the Joint Legislative Council. Key provisions of the Act include the following:
1. Septage capacity needs must be considered for non-sewered areas in a Publicly Owned Treatment Works (POTW) planning area when facility planning provides for a capacity increase of at least 20%. While the capacity is not strictly required to be provided even if needed, the expectation is that item two (below) will provide the necessary incentive to do so.
2. A zero percent Clean Water Fund loan will be offered for that portion of a public project which will provide planning, receiving facilities, treatment capacity, and disposition of septage.
3. Establishes a uniform protocol for setting costs for septage receiving at a POTW, and requires a 60 day prior notification to haulers of any price increases.
4. Establishes a three step process for rate dispute resolution between a hauler and a POTW, with the Public Service Commission (PSC) as the mediating agency.
