Rule-Making Notices (Hearing Notices)

Statutory authority

Sections 41.16 (3) (c), 227.17, Stats.

Explanation of agency authority

Section 41.16 (3) (c), Stats., requires the Department to promulgate rules to administer the grants under this section, including the preparation of an application form.

Related statute or Rule

There are no other statutes or rules other than those listed above.

Plain language analysis

Under the proposed rule, tourist information centers may apply for a grant to seek reimbursement to up to 50 percent of eligible costs. The proposed rule identifies the eligible costs, application procedures, contracts, and reporting requirements.

Comparison with federal regulations

The Department is not aware of any existing or proposed federal legislation on this matter.

Comparison with rules in adjacent states

The Department is not aware of any similar rules in surrounding states.

Summary of factual data and analytical methodologies

The proposed rule was developed by a Department workgroup comprised of the secretary, grant coordinator, customer services manager, and the budget and policy analyst. The group researched other states for applicable laws and rules relating to grants to regional tourist information centers for reimbursement of operating costs. The workgroup also reviewed the rules for the Joint JEM grants.

Analysis and supporting documents used to determine effect on small business

This proposed rule will not affect or impact adversely small businesses.

Section 227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Tourism is not included as an “agency" in this section.

Small Business Impact

These proposed rules will have no effect on small businesses as defined in s. 227.114 (1), Stats.

Fiscal Estimate

2009 Wisconsin Act 28 created a grant to municipalities and organizations for regional tourist information centers. Eligible applicants may submit an application to request that the department reimburse the applicant for up to 50% of eligible costs incurred to operate a regional tourist information center. The rules will have no fiscal effect on the state.

Agency Contact Person

Laura Muenich, Budget and Policy Analyst

Department of Tourism — P.O. Box 8690

Madison, WI 53708-8690

Telephone: [phone]

E-Mail: [e-mail].

Notice of Hearing

Veterans Affairs

rulemaking_notices CR 09-091 CR 09-091

NOTICE IS HEREBY GIVEN That pursuant to s. 45.40 (3m), Stats., and Chapter 227 of the Wisconsin Statutes, the Wisconsin Department of Veterans Affairs will hold a public hearing to consider the creation of section VA 2.01 (1) (u), (v), and (3) (d) to (g), Wis. Adm. Code, relating to the assistance to needy veterans grant program.

Hearing Information

Date and Time:	Location:
February 18, 2010 Thursday At 9:30 a.m.	Wis. Dept. of Veterans Affairs Board Room, 8th Floor 30 West Mifflin Street Madison, Wisconsin

The public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact James A. Stewart at [phone] or [e-mail]

Submission of Written Comments

Written comments may be submitted to James A. Stewart, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843. Phone: [phone] E-Mail: jimmy. [e-mail].

Comments should be submitted no later than March 5, 2010.

Analysis Prepared by the Wisconsin Department of Veterans Affairs

Statute interpreted

Section 45.40, Stats.

Statutory authority

Section 45.40 (3m), Stats.

Explanation of agency authority

The department is charged with administering a grant program to assist needy veterans with health care. It provides eligible applicants with dental, hearing and vision care through private health care providers.

Related statute or rule

There is no related statute or rule.

Plain language analysis

The creation of VA 2.01 (1) (u) and VA 2.01 (1) (v) will establish a definition for the vision care assistance available under this program. The creation of VA 2.01 (3) (d), VA 2.01 (3) (e), VA 2.01 (3) (f), and VA 2.01 (3) (g) will establish program limitations for the aid offered through the program. The program is intended to provide health care assistance to those veterans who are not eligible for the federal assistance offered to veterans. The current program rules do not provide program limitations or direction for health care professionals in providing necessary services to eligible veterans. The creation of a definition for “vision care" and the creation of specific program limitations will allow veterans to receive a reasonable modicum of the benefits available to those veterans eligible for federal assistance. All care offered through the program will have monetary and frequency limitations imposed upon the available services.

Comparison with federal regulations

There is no current or pending federal regulation which would provide subsistence or health care aid for the eligible veterans under this program.

Comparison with rules in adjacent states

There are no similar rules in adjacent states.

Summary of factual data and analytical methodologies

Surveys of multiple private vendors of dental care services, hearing care services, and vision care services were undertaken to establish the definition of “vision care" and to establish the frequency and monetary limitations of each service. The United States Department of Veterans Affairs was also contacted to determine what services were offered through that agency and to review costing mechanisms used in the provision of each of the elaborated health care services.

Analysis and supporting documents used to determine effect on small business

No analysis was performed regarding an economic impact statement.

Small Business Impact

These rules do not appear to have any effect upon small businesses, nor any significant fiscal impact upon the private sector.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

The proposed administrative rule establishes the following provisions governing the grant program:

1.   Limit “dental care" not to exceed $1,400 every 5 years.

2.   Limit “hearing care" not to exceed $1,300 per ear every 4 years.

3.   Establish “vision care" not to exceed $400 per year.

Provisions of 2007 Wisconsin Act 20 eliminated caps for dental care, hearing care and vision care and increased the lifetime cap to $7,500. Prior to those changes, the annual cap for dental care was $2,500, $1,500 per hear for hearing care and $500 for vision care. The lifetime cap was $5,000. The authorized funding for the 2007-09 biennium was $1,492,000. Of that amount, expenditures in FY08 were $1,277,700, which left a balance of $214,300 to cover FY09 payments. As a result, the program was closed in October, 2008 (FY08-09 expenditures $1,662,500); the provisions of Act 20 had increased the expenditures more than projected. The authorized funding for 2009-11 biennium is $1,991,500. However, based on the proposed rule changes the estimated demand is $1,493,500 ($711,200+$782,300) which would decrease expenditures by $210,550in FY10 and $287,500 in FY11. Thus the projected biennial savings as a result of the proposed rule changes would be approximately $498,000.

Please contact James A. Stewart, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843 or Phone: [phone] or E-Mail: [e-mail] to request a copy of the fiscal estimate.

State fiscal effect

Decrease costs.

Fund sources affected

SEG.

Affected Ch. 20 appropriations

Section 20.485 (2) (vm), Stats.

Text of Proposed Rules

SECTION 1. VA 2.01 (1) (u) is created to read:

VA 2.01 (1) (u) “Vision care" means provision of one vision examination by a licensed health care provider and provision of corrective eyeware.

SECTION 2. VA 2.01 (1) (v) is created to read:

VA 2.01 (1) (v) “Change in refractive error" means an increase of sphere, cylinder and/or power of at least the following: Sphere Power of + or - .25 diopter; Cylinder Power of + or - .5 diopter; Axis Change of + or - .25 to.75 diopters at 5 degrees, + or – 1 to 2 diopters at 3 degrees or + or – 2.25 or more diopters at 2 degrees.

SECTION 3. VA 2.01 (3) (d) is created to read:

VA 2.01 (3) (d) A dental health care professional must indicate in writing that the dental procedures performed were directly necessary to dental care. Such procedures shall not exceed $500.00 in any consecutive 12 month period except where a full or partial upper and / or a lower denture is required. The grant for such denture or dentures shall not exceed $900 for one or $1,400 for both in any consecutive 60 month period.

SECTION 4. VA 2.01 (3) (e) is created to read:

VA 2.01 (3) (e) Hearing care shall not exceed $200.00 in any consecutive 12 month period except where a left and / or a right hearing aid is required. The grant for each hearing aid shall not exceed $1,300 in any consecutive 48 month period. A participant may obtain a grant to fund an additional or a more costly hearing aid or set of hearing aids and a related examination, if a licensed audiological health care professional identifies, in writing, compelling medical circumstances which have required this added assistance.

SECTION 5. VA 2.01 (3) (f) is created to read:

VA 2.01 (3) (f) A grant for vision care shall not exceed $400.00 in any consecutive 12 month period; however, a participant may obtain a grant for replacement glasses before 12 consecutive months have elapsed if the eyewear is prescribed because of a documented change in refractive error

SECTION 6. VA 2.01 (3) (g) is created to read:

VA 2.01 (3) (g) A participant may obtain a grant for an additional visit to a licensed vision care provider and for a more costly set of corrective eyewear or for an additional set of corrective eyewear where an optometrist or an ophthalmologist identifies in writing a compelling medical circumstance which has required this added assistance.

Agency Contact Person

James A. Stewart, Chief Legal Counsel

30 West Mifflin Street, P.O. Box 7843

Madison, WI 53707-7843

Phone: [phone]