Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the January 31, 2007, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Financial Institutions - Corporate and
Consumer Affairs
(
CR 06-122)
An order affecting ch.
DFI-CCS 5, relating to UCC search requests. Effective 4-1-07.
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
DFI-Bkg 80, relating to non-judicial enforcement and surrender of collateral.
Effective 4-1-07.
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
DFI-Bkg 77, relating to pawnbrokers. Effective 4-1-07.
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch. HFS 117, relating to fees for copies of health care records. Effective 4-1-07.
Summary of Final Regulatory Flexibility Analysis
When an agency, such as the Department, proposes a rule that may have an effect on small businesses (defined as entities that are independently owned and operated and not dominant in their field, and employ fewer than 25 full-time employees or have gross annual sales of less than $2.5 million), section
227.114, Stats., requires that agency to consider several methods for reducing the effect of the proposed rule on those small businesses. The revision of ch.
HFS 117 will affect many small businesses, principally law firms that request health care records on behalf of clients, and small health provider offices that maintain and supply their patients' health care records to those authorized to request those records. The fee limits specified in ch.
HFS 117 also will effect a small number of businesses that reproduce medical records on behalf of health care providers and transmit those records to authorized record requesters.
Chapter
HFS 117 does not require compliance with any reporting, bookkeeping or other procedures. Nor does the proposed rule impose new requirements for professional skills that are not currently required to comply with requests for copies of health care records. Given that the proposed rules do not require reporting, bookkeeping or other procedures and skills, the question of exempting particular small businesses from some or all of HFS 117's provisions is moot.
The Department also cannot estimate the effect of the proposed rule on the above small businesses other than to note that the fee limits the Department proposes to specify in HFS 117 are both higher than those specified in the existing HFS 117 rules and applicable to a much greater variety of circumstances. Indeed, ch.
HFS 117 will apply to all medical record requests that aren't covered by other applicable law or private contract. The Department believes that exempting certain law firms and health care providers from the rule's applicability would be contrary to the legislature's intent that, to the extent possible, the rule specify a fee limit for all parties. Similarly, the Department believes that specifying a lower fee limit for particular law firms (or a higher fee limit for particular health care providers) would also be contrary to legislative intent.
Summary of Comments by Legislative Review Committees
The Senate Committee on Health, Children, Families, Aging and Long Term Care requested modifications, and ultimately objected to proposed rules. The Assembly Committee on Health also requested modifications, but took no final action. The Joint Committee for Review of Administrative Rules upheld the objection by the Senate Committee and introduced Senate Bill 201 and Assembly Bill 404 to prohibit promulgation of proposed rules. Both bills failed to pass.
An order affecting ch.
NR 660 to
666, relating to hazardous waste management. Effective 4-1-07.
Summary of Final Regulatory Flexibility Analysis
There are no new costs to the private sector or enforcement impacts to small business compared to the existing rules. Potential exists for cost savings.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Trans 515, relating to contractual service procurement. Effective 4-1-07.
Summary of Final Regulatory Flexibility Analysis
The requirements of the rule will be implemented by department employees and will have no effect on external parties, including small business.
Summary of Comments by Legislative Review Committees
No comments were received.
