Scope statements
Health and Family Services
Subject
The Department of Health and Family Services proposes to repeal and recreate chs.
HFS 110,
111,
112, and
113, relating to emergency medical services (EMS).
Policy Analysis
Emergency medical services have been in existence for 40 years. In the State of Wisconsin, rules were enacted in the mid-seventies to direct and coordinate the actions of EMS workers. As the profession grew and levels of providers expanded, the department adopted subsequent rules for each new level of provider through emergency rule action. These emergency rule actions have created permanent rules that are inconsistent and difficult to follow and enforce. To increase consistency, organization and clarity of the EMS rules, the department intends to consolidate, correct and update the requirements and operational guidelines for all providers by repealing and recreating chs.
HFS 110,
111,
112 and
113 into a single chapter of rules under ch.
HFS 110.
As part of this process, the department intends to establish, by rule, conditions under which the department may assess administrative fees and penalties against providers who violate rules or who are delinquent in license renewal. The department does not intend to assess providers initial or renewal licensing fees.
The department also intends to create a critical care paramedic level licensure. Critical care advanced level skills are required for severely ill patients that require transport from one medical facility to another. Ambulance service providers have had significant difficulty being reimbursed by payers for these services. The creation of this license level will help to define those skills and treatments that are considered critical care.
The Department may propose additional changes to rules it determines are necessary during the repeal and recreation of chs.
HFS 110,
111,
112 and
113.
Statutory Authority
Comparison with Federal Regulations
There are no federal regulations that are governing or applicable to these rules.
Entities Affected by the Rule
The citizens of Wisconsin, counties, emergency medical technicians, and ambulance service providers.
Staff Time Required
The department estimates that it will take approximately 450 hours to develop the proposed rules. The department will use the assistance of the Emergency Medical Services Advisory Board and the Board's stakeholder group to guide the content of the consolidated rule.
Insurance
Subject
Objective of the rule. The Office intends to work with interested parties, including life insurers and agents, and other federal and state governmental bodies and agencies to develop a rule which will establish standards for supervision systems addressing compliance with the law in the sales of annuities.
Policy Analysis
Current law requires insurers, general agencies and independent agencies to maintain a system to supervise the sale of annuities to seniors that is reasonably designed to achieve compliance with the law. In addition under current law a violation by an agent in the course of making any annuity sale is imputed to the insurer and insurance agency the agent represents. Finally current law requires all licensed insurers and intermediaries to maintain methods and practices in conducting business such that the public interest is protected. None of these current requirements provide specific standards for supervision systems addressing compliance with the law in the sales of annuities. This rulemaking process is proposed in order to develop a rule that provides specific standards for supervision systems.
Statutory Authority
The statutory authority for this rule is ss.
601.41 (4),
601.42,
611.13,
611.20,
613.13,
613.20,
614.13,
614.20,
618.12,
618.37,
628.04,
628.10,
628.34,
628.347 and
628.38, and ch.
645, Wis. Stats.
Staff Time Required
2000 hours. The Office also will invite interested parties, including life insurers and agents, and other governmental bodies and agencies to contribute to the deliberations concerning the development of the rule.
Entities Affected by the Rule
The proposed rule will affect insurers, general agencies and independent agencies. It will also affect individual insurance intermediaries.
Comparison with Federal Regulations
The Office expects that the proposed rule will be drafted so as to coordinate with regulations of the National Association of Security Dealers (“NASD") that address supervision systems for the sales of securities. Some insurance products, particularly variable annuities, are subject to those rules.
The NASD is a self-regulating organization established under the Securities Exchange Act of 1934. NASD Conduct Rule 3010, requires members (security brokers) to establish a system and develop, maintain, and implement written procedures to supervise the activities of each registered representative, reasonably designed to achieve compliance with applicable securities laws, regulations and association rules. Conduct Rule 3010 requires, at a minimum that members designate qualified supervisors with appropriate authority to monitor and review compliance requirements with each registered representative, to implement appropriate practices such as records inspections and compliance audits to detect violations, and to take appropriate action. Members must periodically review the supervisory systems and procedures to ensure they are current and adequate.
Public Instruction
Subject
Objective of the rule. Modify s.
PI 11.36 (6), relating to specific learning disabilities as required by federal law and modify PI 11.36 (11), relating to significant developmental delay as permitted by federal law.
Policy Analysis
As specified in IDEA, the evaluation procedures relating to the identification of specific learning disabilities provide that: 1) States may not require the use of significant discrepancy as part of a determination of SLD, 2) States must permit the use of a process based on a child's responses to scientifically-based intervention as part of its determination of a SLD, and 3) States may permit the use of other alternative research-based procedures to determine whether a child has a SLD. IDEA also added reading fluency skills as an area of identification for SLD.
IDEA also permits the identification of children with significant developmental delay through the age of nine rather than six.
Statutory Authority
Entities Affected by the Rule
LEAs that provide programs to children with disabilities in Wisconsin.
Comparison with Federal Regulations
The modified rule will parallel the new federal requirements for SLD under
20 U.S.C. 1401 (30) and
1414 (b) (6) and will be consistent with federal authority related to SDD under
20 U.S.C. 1401 (3) (b).
Staff Time Required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than six months to complete.
Revenue
Subject
Chapters
Tax 61 and
Tax 63, relating to technical improvements in both chapters and to the implementation of changes to Wisconsin Lottery retailer billing terms, consistent with Section 2427 b. of
2005 Act 25, as it amends s.565.10 (15), Stats.
Entities Affected by the Rule
Retail organizations that sell lottery products will be affected.
Comparison with Federal Regulations
The department is not aware of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Policy Analysis
Objective of the rule. The objectives of the proposed rule are to create provisions for future billing terms to be offered to retailers consistent with Section
2427b of
2005 Act 25, to offer additional shipping options at cost to the retailer in situations where the retailer desires additional shipping options, and to remove minor requirements that currently exist in the Retailer Performance Program (RPP) which the Lottery has determined are not consistent with the program intent. And last, the proposal will also create rules that satisfy the voluntary non-disclosure requirements of
2003 Act 145, and will also clean up minor technical problems in both chapters.
Current policies are being updated to align to new statutory law, and to provide better customer service options to the retailers of Lottery product.
Statutory Authority
