This proposed rule would modify current animal health rules related to livestock premises registration. This rule may explore whether all livestock premises registrations, which currently are staggered, could simultaneously end during the same three-year period. The rule may also explore whether to create an exemption to premises registration requirements for individuals with sincerely held religious beliefs against certain requirements of livestock premises registration under s.
95.51, Stats.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background. Wisconsin's Livestock Premises Registration Law (
2003 Wis. Act 229), went into effect on November 1, 2005. Administrative rules that implemented the livestock premises registration program (Ch.
ATCP 17, Wis. Adm. Code) took effect on January 1, 2006. The law and rules were created after bovine spongiform encephalopathy (“mad cow" disease) was identified in the United States in 2003. The program was developed to protect animal health and the security of the food chain in the event of an animal disease emergency.
The current rule provides that persons who keep livestock in this state must register every three years with the Department of Agriculture, Trade and Consumer Protection (“DATCP" or “department"). To register, a person generally provides information concerning types of livestock kept, their locations, and information on whom to contact in case of an animal emergency. There is no fee to register. Registration information is confidential as specified under s.
ATCP 17.03, Wis. Adm. Code. The location of livestock, or premises, is assigned a unique identification code. The department has established a database for premises information.
Proposed policies. DATCP will explore the feasibility of having all livestock premises registrations expire simultaneously at the end of an established three-year period as a cost savings measure, rather than having some registrations expire at the end of every year.
Mindful of the individual's right to free exercise of religion under the United States and Wisconsin Constitutions, the department may create a limited exemption to the livestock premises registration requirement. The department will allow those individuals who are members of a recognized religious group that have a sincerely held religious belief opposing certain existing livestock premises requirements to be exempt from those requirements, as permitted by s.
95.51 (3m), Stats. Even though information relating to locating livestock may be collected from exempt persons, the department may keep that information separate from other collected premises registration information.
Policy Alternatives. Do nothing. If the department does not alter the staggered three-year renewal process, it may prove more costly and less efficient than if all registrations are processed in one three-year period.
If the agency fails to codify a “religious" exemption, certain individuals' rights to the free exercise of religion under the United States and Wisconsin Constitutions may not be properly upheld. Additionally, without the exemption, these individuals will not be able to obtain certain livestock-related licenses to engage in businesses such as deer farms or animal market operations, because premises registration is required for these types of licenses. They may be violating premises rules as currently written if they keep livestock for purposes such as transportation or food and those premises are not registered.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
(10) ANIMAL HEALTH; QUARANTINE. To protect the health of animals located in this state and of humans residing in this state and to determine and employ the most efficient and practical means for the prevention, suppression, control, and eradication of communicable diseases among animals. For these purposes, the department may establish, maintain, enforce, and regulate such quarantine and such other measures relating to the importation, movement, and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department determines are necessary. The definition of “communicable disease" in s.
990.01 (5g) does not apply to this subsection.
95.51 Livestock premises registration.
(3m) Exemptions. The department may promulgate rules specifying exemptions from sub. (2), including exemptions based on the number or type of livestock kept by a person or on the type of locations where a person keeps livestock.
(7) Rules. The department may promulgate rules for the administration of this section. The department shall promulgate rules to govern the release of aggregate information under this section by the department.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.50 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Description of All Entities that may be Impacted by the Rule
Certain livestock premises registrants at the time the rule goes into effect may have their premises registration period modified during the duration of one three-year period to make all registrations end simultaneously at the end of a designated three-year registration period. Since there is no fee for the registration, this modification would not have a fiscal impact on any of the premises registrants.
This rule may also affect individuals who provide evidence that they are members of recognized religious group that has a sincerely held religious belief opposing certain livestock premises registration requirements under s.
95.51, Stats. Without an exemption, these individuals may find that they cannot come into compliance with current premises registration law without violating the tenets or teachings of their religious group(s).
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
At the national level, livestock premises registration is voluntary but supported by USDA. The national program runs concurrently with mandatory and voluntary livestock premises registration programs in numerous states. The information obtained in the voluntary federal program is largely identical to the information obtained in the Wisconsin program.
Datcp Board Authorization and Governor's Approval
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. Before DATCP holds public hearings on this rule, the department must prepare an economic impact analysis and the Board must approve the hearing draft. The Governor and the Board must also approve the final draft rule before the rule can be adopted.
Contact Person
Paul McGraw, DVM, Assistant State Veterinarian, DATCP; Phone (608) 224-4884.
Children and Families
This statement of scope was approved by the governor on September 26, 2011.
Subject
Revising Chapter
DCF 201, relating to circumstances for waiver to allow child care subsidy payments for a parent who is a provider.
Objective and Policy Analysis
The proposed rule will specify the circumstances, or standards for determining the circumstances, under which a child care administrative agency will grant a waiver under s.
49.155 (3m) (d), Stats.
Statutory Authority
Section
49.155 (3m) (d), Stats., as affected by
2011 Wisconsin Act 32, provides that no child care subsidy funds may be used for child care services that are provided for a child by a child care provider who is the parent of the child or who resides with the child. In addition, no child care subsidy funds may be used for child care services that are provided by another child care provider if the child's parent is a child care provider.
This prohibition does not apply if the child's parent has applied for, and been granted, a waiver of by the county department, agency, or by the department. Section
49.155 (3m) (d) 4., Stats., directs the department to promulgate rules that specify the circumstances, or standards for determining the circumstances, under which a local agency or the department will grant a waiver.
Section
227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Entities that may be Affected by the Rule
Child care providers, low-income parents who are child care providers.
Summary of Federal Requirements
None.
Staff Time Required
80 hours.
Contact Information
Insurance
This rule was approved by the governor on September 30, 2011.
Rule No.
Agency No. 145 – Emergency Rule to revise Ch.
Ins 18.
Relating to
Grievances and independent review requirements.
Description of the Objective of the Rule
The Office of the Commissioner of Insurance's objective for an emergency rule is to modify ch.
Ins 18 to comply with necessary portions of the Public Health Service Act as amended, and as implemented by regulation. Amending ch.
Ins 18 to comply with federal requirements will allow the State of Wisconsin to retain regulatory oversight of the internal grievance process and external independent review process. Publication of an emergency rule will need to occur as soon as possible as the US Department of Health and Human Services must determine whether a state's process is compliant with federal law and regulation prior to January 1, 2012 in order for that state to retain regulatory jurisdiction over insurers and independent review organizations.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Wisconsin currently regulates the conduct of insurers and independent review organizations relating to an insured's right to file grievances with his or her insurer and seek independent review of coverage denial determinations. Sections
632.83 and
632.835, Stats., as implemented by ch.
Ins 18, provide the structure and requirements for processing grievances and requests for independent review. The law and regulations have provided structure for insurers, guidance for insureds and oversight of independent review organizations.
With amendments to the Public Health Service Act and promulgation of regulations to implement those changes regarding internal appeals and independent external review, states must demonstrate compliance with the amended federal law and regulations in order to retain regulatory authority over insurers and independent review organizations related to the internal and external review processes. To achieve compliance, Wisconsin's grievance and independent review processes and independent review organization certification must be reviewed and modified. If conflicts are identified, an emergency rule will be needed to resolve the conflict. The goal will be to maintain the balance that currently exists in the Wisconsin regulatory structure.
There is no other option than an emergency rule if Wisconsin is to retain regulatory oversight of insurers and independent review organizations, as compliance must obtained prior to plan years beginning January 1, 2012.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
200 hours and no other resources are necessary.
Description of all Entities that may be Impacted by the Rule
Nearly all entities related to health insurance are affected by the changes to the Public Health Service Act, as amended, including intermediaries, insurers, independent review organizations and third-party administrators. Affected entities will either have to comply with federal regulations or state regulations.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The Public Health Service Act, as amended, (
42 USC 300gg et seq.) provides insureds a right to grieve an adverse benefit determination and request an independent external review of the determination. The US Department of Health and Human Services (DHHS) in conjunction with the National Association of Insurance Commissioners (NAIC) issued and amended federal regulations (
45 CFR 147.136) implementing portions of the Public Health Service Act as amended. The regulations in large part incorporate the NAIC Uniform Health Carrier External Review Model Act (NAIC Model Act). In addition to the regulations, the DHHS issued four technical guidance documents between July 2010 and June 2011 to assist states, insurers and consumers with understanding the requirements for compliant internal appeal and external independent review processes.
Sections
632.83 and
632.835, Stats., provide the framework with ch.
Ins 18, Wis. Adm. Code, implementing the law that provide unique options for insureds, insurers and independent review organizations not contained in the NAIC Model Act. However Wisconsin's law and regulations contain provisions that directly conflict with the federal requirements and several provisions that only partially comply. With conflicting provisions or provisions not fully in compliance, Wisconsin is at risk for losing regulatory oversight of internal and external review processes.
An emergency rule will be needed in order to comply with federal requirements that are necessary for the State of Wisconsin to retain regulatory jurisdiction over insurers and independent review organizations implementing grievance and independent review processes. The DHHS will issue final determinations of states compliance with federal law and regulation on or before October 1, 2011, but will reconsider that determination up until January 1, 2012 when insurers and independent review organizations will need to be in compliance with either a compliant state program or the federal requirements. Publication of an emergency rule that is applicable beginning January 1, 2012 will be necessary in order for Wisconsin to be in compliance and retain regulatory jurisdiction.
Contact Person
Julie E. Walsh, Attorney, 608-264-8101.
