Rosie Greer
608-266-1279
Fiscal Estimate
A copy of the full fiscal estimate may be obtained from the department's contact person listed below upon request.
Summary
A proposal included by the Wisconsin Legislature in the biennial budget act,
2009 Wisconsin Act 28
, expands the types of entities whose personal care services may be reimbursable by Medical Assistance. To implement the legislation, the department has developed rules by which to certify personal care providers other than county agencies, home health agencies, tribes and Independent Living Centers that want to directly bill and be reimbursed by the Medical Assistance program for personal care services provided to recipients of Medical Assistance. This will allow existing personal care providers that currently bill the Medical Assistance program through one of the types of agency listed above to directly bill the Medical Assistance program, in the event their billing agency discontinues Medical Assistance certification as a personal care agency. In addition, some additional personal care agencies that do not serve Medical Assistance recipients will be able to be certified as Medical Assistance providers, begin serving Medical Assistance recipients, and be reimbursed for their services.
The rule allows small businesses to bill the Wisconsin Medicaid program for reimbursement for services they provide where they cannot do so now. As a result, rule will be beneficial to them, as it will allow them to bill the Medicaid program for reimbursement.
Act 28 included these provisions because it was anticipated that some counties may choose to discontinue their Medicaid personal care certification when they implement Family Care. The provisions would allow independently certified personal care agencies to serve Medicaid recipients who were previously served by the county. The rule provisions will not have any fiscal effect on state agencies other than those already reflected in Act 28.
In addition, the rule includes new provisions applying to all personal care providers regarding infection control, communicable disease screening, training and orientation, and discharge summaries. These provisions will not increase state agency costs. The provisions may result in a minimal cost increase for county agencies certified as personal care providers.
State fiscal effect
None.
Local government fiscal effect
Indeterminate.
Private sector fiscal effect
Indeterminate.
Long-range fiscal implications
None known.
Agency Contact Person
Pat Benesh, Quality Assurance Program Spec-Senior
Division of Quality Assurance
1 West Wilson St., Room 534
Madison, WI 53701
Phone: 608-264-9896
Fax: 608-267-0352
Notice of Proposed Rulemaking
(Without Hearing)
Health Services
Health, Chs. DHS 110—
Economic Support, Chs. DHS 250—
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2) (a)
, Stats., and according to the procedure set forth in s.
227.16 (2) (e)
, Stats., the Department of Health Services will adopt a rule as proposed in this notice, without public hearing unless within 30 days after publication of this notice in the Wisconsin Administrative Register on January 1, 2010, the Department of Health Services is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
The rule repeals Chapters
DHS 117
,
160
and
253
, and revises Chapter
DHS 172
, relating to fees for copies of health care provider records, registration of sanitarians, child support cooperation for food stamps, and safety, maintenance and operation of public swimming pools and water attractions, and affecting small businesses.
Submission of Written Comments
General questions may be submitted to:
Rosie Greer
Department of Health Services
608-266-1279
Analysis Prepared by the Department of Health Services
Similar to the legislature's need to periodically make corrections and minor revisions to the Wisconsin statutes, the Department must periodically make such revisions to the Department's section of the Wisconsin administrative code and to its administrative rules. The changes made under this order are due to changes made to state law or rules and are intended to have little or no substantive effect on persons regulated by the rules.
DHS 117
The legislature, under
2009 Act 28
, established a fee schedule for medical record copies under s.
146.83
, Stats., which replaces the medical record copy fee schedule established by the department under ch.
DHS 117
. Under this order, the department repeals ch.
DHS 117
.
DHS 160
The legislature, under
2005 Act 25
, transferred authority to regulate sanitarians to the department of regulation and licensing (DRL). DRL subsequently promulgated chs.
RL 174
to
177
to regulate sanitarians. The department's rules for sanitarians are under ch.
DHS 160
. Under this order, the department repeals ch.
DHS 160
.
DHS 172
The department of commerce repealed and recreated ch. Comm 90 (
Clearinghouse Rule 08-056
) which resulted in the renumbering of various sections of that chapter. Chapter
DHS 172
includes cross-references to a number of sections in ch.
Comm 90
. In addition to inaccurate cross-references, the DHS 172 contains language in need of correction or clarification. Under this order, the department updates the cross-references, and revises language in ch.
DHS 172
.
DHS 253
The legislature, under
2007 Act 20
, repealed s. 49.79 (2) (a), Stats., the child support cooperation requirement for food stamp eligibility. The department's rules for implementing these requirements are under ch.
DHS 253
. Under this order, the department repeals ch.
DHS 253
.
Comparison with federal regulations
Not applicable.
Comparison with rules in adjacent states
Illinois:
Not applicable.
Iowa:
Not applicable.
Michigan:
Not applicable.
Minnesota:
Not applicable.
Summary of factual data and analytical methodologies
The department reviewed statutes, Acts, and the rules presented in this order to determine which rules needed to be repealed or revised.
Analysis and supporting documents used to determine effect on small business
The revisions will not have a fiscal effect on businesses.
Small Business Impact
The revisions will not have a fiscal effect on businesses.
Fiscal Estimate
There will be no fiscal effect on the state, local, or the private sector.
Summary
Similar to the legislature's need to periodically make corrections and minor revisions to the Wisconsin statutes, the Department must periodically make such revisions to the Department's section of the Wisconsin administrative code and to its administrative rules. The changes made under this order are due to changes made to state law or rules and are intended to have little or no substantive effect on persons regulated by the rules.
The legislature, under
2009 Act 28
, established a fee schedule for medical record copies under s.
146.83
, Stats., which replaces the medical record copy fee schedule established by the department under ch.
DHS 117
. Under this order, the department repeals ch.
DHS 117
.
The legislature, under
2005 Act 25
, transferred authority to regulate sanitarians to the department of regulation and licensing (DRL). DRL subsequently promulgated chs.
RL 174
to
177
to regulate sanitarians. The department's rules for sanitarians are under ch.
DHS 160
. Under this order, the department repeals ch.
DHS 160
.
The legislature, under
2007 Act 20
, repealed s. 49.79 (2) (a), Stats., the child support cooperation requirement for food stamp eligibility. The department's rules for implementing these requirements are under ch.
DHS 253
. Under this order, the department repeals ch.
DHS 253
.
The department of commerce repealed and recreated ch. Comm 90 (
Clearinghouse Rule 08-056
) which resulted in the renumbering of various sections of that chapter. Chapter
DHS 172
includes cross-references to a number of sections in ch.
Comm 90
. In addition to inaccurate cross-references, the DHS 172 contains language in need of correction or clarification. Under this order, the department updates the cross-references, and revises language in ch.
DHS 172
.
State fiscal effect
None.
Local government fiscal effect
None.
Private sector fiscal effect
None.
Long-range fiscal implications
None known.
Text Of Proposed Rule
SECTION 1. Chapter DHS 117 is repealed.
SECTION 2. Chapter DHS 160 is repealed.
SECTION 3. DHS 172.04 (13), (27) (c) 1., (39), (40), and (45) are amended to read:
DHS 172.04 (13) "Deep portion" means a
water depth greater than 5.5
portion of a pool having a design water depth greater than 5
feet.
(27) (c) 1. A certificate from the American Red Cross "
CPR for the Professional Rescuer
CPR-AED for Lifeguards
" course.
(39) "Pool and water attraction area" means, in an outdoor facility, the pool or water attraction and the area within the basin's enclosure and, in an indoor facility, the pool or water attraction and the required deck as specified in s.
Comm 90.09
Comm 90.13 (1)
&
and
(2).
(40) "Pool slide" means a slide where the drop from the slide terminus to water is less than 20 inches (50.8 centimeters) and the flume carries less than 100 gallons of water
per minute
.
(45) "Superchlorination" means the addition of an oxidizing product such as chlorine to pool water
to raise the level of the oxidizer
to raise the level of oxidizer to at least 10 ppm. "Superchlorination" is sometimes referred to as "superoxidation".
SECTION 4. DHS 172.05 (4) (a) 4. is amended to read:
DHS 172.05 (4) (a) 4. A statement from an engineer who worked on the pool indicating that it was completed in accordance with the pool's construction plan under s.
Comm 90.04
90.05 (1) (c)
.
SECTION 5. DHS 172.11 (1) is amended to read:
DHS 172.11 (1) GENERAL.
As required by s. Comm 90.11, each
Each
pool shall have a water recirculation system with disinfection treatment and filtration equipment consisting of overflow gutters or skimmers, main drains, inlets, pumps, piping, and filters. The system shall be operated continuously except for seasonal closing or during periods of necessary maintenance.
Note: See s.
Comm 90.14
for design requirements for the recirculation system.
SECTION 6. DHS 172.11 Table B is amended to read:
Table DHS 172.11-B
Maximum Turnover Time for Therapy and Exercise Pools
|
Temperature in º F. (º C.)
|
Load (gals/person)a
|
Maximum Turnover Time (hours)
|
<
72-93
(22-33 º C.)
|
> 2,500
|
4
|
<
72-93
(22-33 º C.)
|
> 450
|
2
|
<
72-93
(22-33 º C.)
|
< 450
|
1
|
>
93-104
(33-40 º C.)
|
N/A
|
0.5
|
N/A = not applicable.
a The number is equal to posted patron load.
|
SECTION 7. DHS 172.13 (1) (intro.) and (a) are amended to read:
DHS 172.13 (1) GENERAL.
As required in s. Comm 90.12 (1) (b), all
All
disinfectant feeders shall be
approved by the department of commerce and
installed according to the manufacturer's directions
,
and
used only with the disinfectant recommended by the manufacturer and meet all of the following requirements:
(a) Feeders shall be automatic, easily adjustable, capable of providing the required chemical residuals, equipped with flow control valves upstream and downstream from the feeder, easily disassembled for cleaning and maintenance, durable, and capable of accurate feeding
with a rate-of-flow meter installed to accurately measure the flow through the feeder system
.
SECTION 8. Table DHS 172.14 is amended to read:
Table DHS 172.14
Minimum Disinfectant Residuals
|
Minimum Free
Chlorine Residual
|
Total
Bromine
|
Swimming and Activity Pools
|
|
|
Swimming and Activity Pool
|
1.0 ppm
|
3.0 ppm
|
Swimming and Activity Pool With Stabilizer
|
1.5 ppm
|
N/A
|
Wading Pools
|
|
|
Wading Pool
|
2.0 ppm
|
4.0 ppm
|
Wading Pool With Stabilizer
|
3.0 ppm
|
N/A
|
Whirlpool, Exercise,
Therapy Pools
|
|
|
Whirlpool
, Exercise, or Therapy Pool
|
3.0 ppm
|
7.0 ppm
|
Whirlpool With Stabilizer
|
4.0 ppm
|
N/A
|
Water Attractions Other Than Those Specified
|
|
|
Water Attraction Other Than Those Specified
|
1.0 ppm
|
3.0 ppm
|
Water Attraction Other Than Those Specified With Stabilizer
|
1.5 ppm
|
N/A
|
Plunge Pools and Wave Pools
|
|
|
Plunge and Wave Pool
|
2.0 ppm
|
5.0ppm
|
Plunge/ Wave Pool With Stabilizer
|
3.0 ppm
|
N/A
|
Interactive Play Attractions
|
|
|
Interactive Play Attraction
|
2.0 ppm
|
5.0 ppm
|
Interactive Play Attraction With
Stabilizer
|
3.0 ppm
|
7.0 ppm
|
Waterslides and Pool Slides
|
|
|
Waterslides and Pool Slides
|
2.0 ppm
|
5.0 ppm
|
Waterslides With Stabilizer
|
3.0 ppm
|
N/A
|
SECTION 9.
DHS 172.14 (2) (c) 8.
Note is repealed.
SECTION 10.
DHS 172.15 (1) is amended to read:
DHS 172.15 (1)
CHLORINE GENERATORS. Chlorine generators shall be NSF approved and installed according to NSF and manufacturer instructions. An additional disinfection system shall remain on line to provide the capacity to superchlorinate the water
as specified in s. Comm 90.12 (1) (c)
and maintain the required sanitizer residual
.
SECTION 11. DHS 172.17 (3) is amended to read:
DHS 172.17 (3)
The disinfectant testing reagent shall be diethyl–p–phenylene diamine (DPD) in powder or liquid form. A test kit using the titrimetric method (FAS-DPD) for chlorine and bromine testing and colorimetric comparators used for additional water testing shall be approved by the department and shall provide for accurate comparison in the required range for each test as stated in s.
DHS 172.14 (4)
. The test equipment shall provide for direct measurement of free and combined chlorine from 0 to 10 ppm in increments of 0.2 ppm. If bromine is used, the testing equipment shall provide for direct measurement of total bromine from 0 to 20 ppm in increments of
0.2
0.5 ppm.
SECTION 12.
DHS 172.19 (4) (b)
is amended to read:
DHS 172.19 (4) (b)
Except in par. (d), the water temperature of an indoor pool shall be between 72ºF. (
25
22
ºC.) and 95ºF. (35ºC.). The minimum water temperature for an outdoor pool shall be 65ºF. (18ºC.).
SECTION 13. DHS 172.22 (2) (b) 1. and 3. are amended to read:
DHS 172.22 (2) (b) 1.
American Red Cross
Water
Park Lifeguard
Training
certificate.
3. National Pool and Water park
International
Lifeguard Training
Program
certificate.
SECTION 14. Table DHS 172.23 B is amended to read:
Table DHS 172.23-B
Required Number of Lifeguards and Attendants Based on Pool Type
|
Pool Type
|
Lifeguard and Attendant Staffing Requirements
|
Activity Pools
|
At least one lifeguard is required if the pool contains one of the following:
1. A pad walk.
2. A tethered floatable more than 18 inches long in 2 directions. Appendages such as alligator feet should not be included in determining the length.
3. A non-tethered floatable. Non-tethered floatables do not include tire inner tubes used in leisure rivers or waterslides.
|
Leisure Rivers
|
At least one attendant is required at the entrance of the leisure river. The attendant shall have a clear line of sight for all areas of the river, or additional attendants are required so that all areas of the river are in view of at least one attendant.
|
Vanishing Edge Pools
|
At least one lifeguard regardless of the square footage, unless the water attraction is limited to adult use only.
|
Vortex Pools and Current Pools
|
At least one lifeguard is required whenever the pool is occupied by a patron.
|
Wave Pools
|
At least one lifeguard is required regardless of the square footage of the pool. Additional lifeguard staffing shall be based on the patron load requirements in Table DHS 172.23-A.
|
Pools with a Visual Obstruction
|
At least one attendant is required if the pool has a visual obstruction larger than 10 feet in length by 6 feet in height by 5 feet in width or if the visual obstruction covers more than 20 percent of the pool's basin.
|
Pools with Diving Boards or Platforms
|
At least one lifeguard for every 2 diving boards or platforms in the same pool.
|
Pools with Slides
|
1. Children's Slide: No attendant is required.
2. Poolslide: Greater than 4 feet but less than 6 feet in height, which drops into water greater than 4 feet deep: At least one lifeguard.
3. Poolslide: Less than 6 feet in height, with an obstructed view of slide terminus at 43 inches at entry point: At least one lifeguard.
4. Drop slide: Less than 6 feet in height: At least one lifeguard
5. Run-out slide:
Greater than 6 feet in height clear view of the terminus end: At least one attendant on top platform.
Greater than 6 feet obstructed view of the terminus end: At least one attendant on top and bottom of run-out.
Less than 6 feet clear view of terminus end: No attendant or lifeguard required
6. Waterslide:
Greater than 6 feet: Attendant on top of the slide, lifeguard on bottom and means of 2-way communication between attendants and lifeguards.
Less than 6 feet with a clear view of terminus end and no obstructions around slide: At least one lifeguard.
|
Wading Pools
|
Wading pools do not require a lifeguard or attendant unless there is a large obstruction per ss. Comm
90.18 (3)
90.20 (4)
and
90.30 (3)
(90.30 (3)
.
|
Exercise Pools
|
Exercise pools do not require a lifeguard or attendant.
|
Whirlpools
|
If a whirlpool is located within a water attraction complex, at least one attendant shall provide periodic supervision of the whirlpool. If a whirlpool is not guarded or attended with an attendant assigned at all times, a sign shall be posted that states in letters that are at least 4 inches high: Non-guarded area.
|
Therapy Pools
|
At least one attendant who has current CPR certification is required for a therapy.
|
Interactive Play Attraction
(Splash Pads)
|
An interactive play attraction not restricted by an enclosure shall have at least one attendant on the premises. The attendant shall provide periodic supervision of the water attraction as specified in the staffing plan.
|
SECTION 15. DHS 172.26 (1) (b) and (c) and (2) Note are amended to read:
DHS 172.26 (1) (b) For each basin of water over 4 feet in length and over 2 feet deep, a
shepard's
shepherd's
crook-type pole shall be provided. In addition, for each lifeguard chair, or for a pool 30 feet or more in width that does not have lifeguard chairs, at least one of the following shall be provided:
(c) The safety rope required in s. Comm
90.08 (4)
90.18 (1)
shall remain in place except during a lifeguarded activity or adult only lap swim. The responsible supervisor shall ensure the rope is in place during required times.
(2) Note: A request for an alternative location for a telephone or another system of communication that provides access to emergency service during hours of pool operation may be made under s. DHS
173.02 (2)
172.03 (2)
.
SECTION 16. DHS 172.29 (3) (f) is amended to read:
DHS 172.29 (3) (f) Minors under the age of 6
and under
are not permitted in the whirlpool.
SECTION 17. DHS 172.33 (1) (d) and (g), (2) (a) Note, and (4) (c) Note are amended to read:
DHS 172.33 (1) (d)
Hosing.
Hosing shall be provided in adequate lengths to flush the entire pool deck. All hose bibbs shall be protected against backsiphonage by the proper installation of an approved backflow prevention device as required under s. Comm
90.13 (6)
90.16 (4)
.
(g)
Drinking fountain.
Each drinking fountain required under
ss.
s.
Comm
90.09 (3) and 90.16
90.19
shall be maintained in clean and sanitary condition.
(2) (a) Note: See
chapter
s.
Comm
90
90.19
for additional information.
(4) (c) Note: Refer to
chapter
s.
Comm
90
90.16
for department of commerce installation requirements.
SECTION 18. DHS 172.34 (5) Note is amended to read:
DHS 172.34 (5) Note: See
chapter
s.
Comm
90
90.18 (4)
for additional rules relating to the outdoor pool enclosure.
SECTION 19. DHS 172.35 (1) and (2) are amended to read:
DHS 172.35 (1) All waterslides and pool slides shall be designed and installed as required in s. Comm
90.30
90.31
.
(2) Waterslide and pool slide lubrication shall be in accordance with s. Comm
90.30 (4)
90.31 (4)
. Run-out slide flume lubrication systems shall comply with the requirements in s. Comm
90.206 (3) (b) 2. and 3
90.31 (4) (a)
.
SECTION 20. DHS 172.36 (2) (a) is amended to read:
DHS 172.36 (2) (a) If access to the interactive play attraction is not restricted by an enclosure, an attendant shall be present
to provide periodic supervision
.
SECTION 21. Chapter DHS 253 is repealed.
Agency Contact Person
Rosie Greer
Department of Health Services
608-266-1279
Notice of Hearing
Insurance
(Reprinted with Rescheduled Hearing)
NOTICE IS HEREBY GIVEN That pursuant to the authority granted under s.
601.41 (3)
, Stats., and the procedures set forth under ss.
227.18
and
227.24 (4)
, Stats., subject to the Commissioner's approval of the Statement of Scope, the Office of the Commissioner of Insurance (OCI ) will hold a public hearing to consider the adoption of emergency rules and proposed permanent rules creating section
Ins 3.34
, Wis. Adm. Code, relating to coverage of dependents to age 27 and affecting small business.
Hearing Information
Date:
January 14, 2010
Time:
10:00 a.m., or as soon thereafter as the matter
may be reached
Place:
OCI, Room 227 (2
nd
Floor)
125 South Webster Street, Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 334
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 334
Office of the Commissioner of Insurance
125 South Webster St – 2
nd
Floor
Madison WI 53703-3474
Comments can be emailed to:
Julie E. Walsh
Comments submitted through the Wisconsin Administrative Rule Web site at:
http://adminrules. wisconsin.gov
on the proposed rule will be considered.
The deadline for submitting comments is 4:00 p.m. on the 14
th
day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule and Fiscal Estimate
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the Web site at:
http://oci.wi.gov/ocirules.htm
or by contacting:
Inger Williams, OCI Services
Phone:
(608) 264-8110
Address:
125 South Webster Street — 2
nd
Floor
Madison WI 53703-3474
Mail:
PO Box 7873, Madison, WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of agency authority
The commissioner is authorized by s.
601.41
, Stats., to propose rules in accordance with s.
227.11 (2)
, Stats., in order for the commissioner to administer and enforce the insurance statutes. Since passage of
2009 Wis. Act 28
, the commissioner has been made aware of dramatic differences in interpretation and approaches to implementation that necessitate rule making.
Related statutes or rules
None.
Plain language analysis
The proposed rule interprets and implements the requirements of s.
632.885
, Stats., by clarifying and defining eligibility criteria and providing guidance as to how insurers and self-insured health plans are to determine an adult child's eligibility for coverage. The proposed rule clarifies that the mandate applies to individual and group health insurance, limited-scope health insurance including vision and dental plans as well as self-insured health plans. The rule also clarifies that this mandate does not apply to certain insurance products including long-term care and Medigap policies. Further, as described in the applicability provisions of
2009 Wis. Act 28
, the rule states when the mandate first applies, including the initial applicability for collectively bargained health plans.
The proposed rule provides clarity through definitions of "premium contribution" and "premium amount." The commissioner received the greatest volume of inquiries seeking guidance on how the premium comparison was to be conducted. The proposed rule simplifies and guides insurers and self-insured plans on exactly what is to be compared for this element of eligibility determination.
Guidance is provided regarding to whom an offer of coverage for an eligible adult child is to be given and reinforces the statutory provision that it is only the applicant or the insured who determines whether or not an eligible dependent is added to his or her health plan. The rule further informs insurers and self-insured plans on prohibited practices that would unduly restrict an otherwise eligible dependent from coverage contrary to the intent of the statute.
Specifically the rule provides specific guidance to insurers offering individual health insurance products as compared to insurers or self-insured health plans offering group health insurance coverage. Insurers offering individual health insurance may rate, may utilize pre-existing condition waiting periods and may apply elimination riders to an eligible adult child but may not impose such limitations as coverage would be rendered illusory. Insurers offering group health insurance or limited-scope insurance and self-insured health plans must comply with s.
632.746
, Stat., with regards to pre-existing condition waiting periods and application of creditable coverage. The rule also requires insurers and self-insured health plans to treat an eligible adult child as a new entrant and provide annually at least a 30-day enrollment period.
Finally, the rule clarifies s.
632.885 (2) (a) 3.
and
(b) 3.
, Stats. An adult child is an eligible adult child when the child is between the ages of 17 and 27, is not married and who is not eligible for his or her employer sponsored coverage or whose employer does not offer health insurance to its employees. An adult child who has been called to federal active duty is an eligible adult child when a full-time student, less than 27 years of age when called to active duty. The rule clarifies that the adult child will have up to 12 months after completing active duty to apply for full-time student status at an institution of higher education, and that if the adult child is called more than once in four years of the first call to active duty, insurers and self-insured health plans may only use the adult child's age at the time of the first call to active duty when determining eligibility.
Comparison with federal regulations
There is no existing regulation directly related to this new mandate. The federal government, US House and Senate are currently debating health insurance reform and at this time the office is aware that some of the proposals will be revised to contain similar requirements for extending coverage to adult children, but none have passed as of this date.
Comparison of similar rules in adjacent states
Illinois:
215 ILCS 5/356z.12 provides parents with the option of keeping unmarried dependents on their health care insurance up to age 26. Parents with dependents who are veterans can keep dependents on the plans up to age 30. The veterans must be unmarried, must be Illinois residents, and must have received a discharge other than dishonorable. Veterans do not have to be enrolled as full-time students.
Iowa:
Iowa Code § 509.3 and Iowa Code § 514E.
7
requires that health insurance providers continue to cover unmarried children under their parents' coverage provided that the child: 1) is under the age of 25 and a current resident of Iowa, 2) is a full-time student, or 3) has a disability. Iowa Code § 509A.13.B, effective July 1, 2009, allows reenrollment of the same children in previously existing coverage under certain circumstances.
Michigan:
No comparable regulations found. Michigan Code §
500.3406
g prohibits the denial of enrollment on certain grounds for plans offering dependent coverage, and §
500.3406
h addresses the eligibility of parents for dependent coverage and the health coverage of children through noncustodial parents. §
500.2264
provides exception for the termination of dependent coverage at specified age if a child is incapable of self-support due to mental or physical disability.
Minnesota:
Minnesota Chapter
62E.02 Defines "dependent" as a spouse or unmarried child under age 25, or a dependent child of any age who is disabled.
Ohio:
(information only)
Ohio Rev. Code § 1751.14, as amended by
2009 OH H 1
allows an unmarried, dependent child who is an Ohio resident or a full-time student to remain on parent's insurance up to age 28, or without regard to age if they are incapable of self-sustaining employment due to disability.
Summary of factual data and analytical methodologies
The commissioner reviewed existing interpretation of terms used within the new mandate that are used in other areas of the statutes and administrative code for consistency. Further the commissioner considered the intent of the mandate and proposed rules that furthered that intent.
Analysis and supporting documents used to determine rule's effect on small businesses
Although there are some limited-scope health insurers that may meet the definition of a small business, the effect on the insurers will not be significant since insurers will be able to assess and collect premium for the inclusion of the eligible adult child or may apply limitations on coverage. Intermediaries, some of whom may meet the definition of a small business will need to become familiar with this regulation but will not significantly effect those persons.
Small Business Impact
This rule will have little or no effect on small businesses and does not impose any additional requirements on small businesses.
Small Business Regulatory Coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
State fiscal effect
None.
State government fiscal effect
None.
Private sector fiscal effect
No significant effect on the private sector regulated by OCI.
Long-range fiscal implications
None.
Agency Contact Person
Inger Williams, OCI Services
Phone:
(608) 264-8110
Address:
125 South Webster Street — 2
nd
Floor
Madison WI 53703-3474
Mail:
PO Box 7873, Madison, WI 53707-7873
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
115.745 (3)
and
227.11 (2) (a)
, Stats., the Department of Public Instruction will hold a public hearing to consider emergency rules and proposed permanent rules creating Chapter
PI 39
, relating to grants for tribal language revitalization. The hearing will be held as follows:
Hearing Information
Date and Time
Location
January 15, 2010
Madison
2:30 — 4:00 p.m.
GEF 3 Building
125 South Webster Street
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call JP Leary, American Indian Studies Program Consultant, at (608) 267-2283 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Proposed Rule and Agency Contact Person
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Submission of Written Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than January 22, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
115.745 (3)
, Stats., requires the department to promulgate rules to implement and administer this program.
Section
227.11 (2) (a)
, Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
N/A
Plain language analysis
2009 Wisconsin Act 28
, the biennial budget bill, created a new competitive grant program under s.
115.745
, Stats., appropriating $247,500 annually for a school board or cooperative educational service agency (CESA), in conjunction with a tribal education authority to apply to the department for a grant for the purpose of supporting innovative, effective instruction in one or more American Indian languages.
The proposed rule establishes criteria and procedures for awarding grants to eligible applicants. Rules must be in place as soon as possible to award grants in time for the upcoming school year. Therefore, emergency rules were promulgated effective December 15, 2009.
Comparison with federal regulations
N/A
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota do not have rules relating to grants for tribal language revitalization.
Summary of factual data and analytical methodologies
Because
2009 Wisconsin Act 28
creating this grant program became effective June 30, 2009, the rule established an application deadline of January 29, 2010 to expedite the awarding of funds in 2009-10. In subsequent years, applications will be due March 1 to coincide with application timelines established for other grants awarded by the department.
Analysis and supporting documents used to determine effect on small business
N/A
Anticipated costs incurred by private sector
N/A
Small Business Impact
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a)
, Stats.
Fiscal Estimate
Under s.
20.255 (2) (km)
, Stats.,
2009 Wisconsin Act 28
, the biennial budget bill, appropriated $247,500 annually to create a new competitive grant program under s.
115.745
, Stats. The grant program allows a school board or CESA in conjunction with a tribal education authority to apply to the department for a grant for the purpose of supporting innovative, effective instruction in one or more American Indian languages.
The rule establishes criteria and procedures for awarding these program grants. The rule, itself, will not increase local revenue. It is the school district's choice as to whether it will apply for a grant and implement an American Indian language program.
The costs associated with administering this grant program will be absorbed by the department.
Agency Contact Person
JP Leary
American Indian Studies Program Consultant
(608) 267-2283
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
342.245 (3)
and
(4)
, Stats., the Department of Transportation will hold a public hearing to consider the creation of Chapter
Trans 148
, Wis. Adm. Code, relating to electronic recording and release of liens by non-individual creditors.
Hearing Information
Date and Time
|
Location
|
January 29, 2010
|
Hill Farms State Transportation
Building
|
11:00 a.m.
|
Room 144-B
|
|
4802 Sheboygan Avenue
|
|
Madison, WI
|
An interpreter for the hearing impaired will be available on request for this hearing. Parking for persons with disabilities and an accessible entrance are available.
Copies of Proposed Rule
A copy of the rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail:
carson.frazier@dot.state
. wi.us
.
Submission of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail:
carson.frazier@dot.state
. wi.us
.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
342.245
of the Wisconsin Statutes requires a secured party to use an electronic process prescribed by the Department of Transportation to file a security interest statement, and deliver a release of a security interest in a motor vehicle and to pay a fee for those actions. The Department may, by rule, exempt a person or a type of transaction from those requirements, except that any person who is exempted shall pay a fee to the department for processing applications and releases submitted by the person utilizing a process other than an electronic process. The statutes require the Department to promulgate rules to implement and administer these requirements. This rulemaking does that.
Related statute or rule
Plain language analysis
2009 Wis. Act 28
created s.
342.245
, Stats., and amended related provisions, to require secured parties that are not individuals to file a security interest in a vehicle utilizing an electronic process prescribed by the Department. Act 28 also authorizes the Department to exempt a person or a type of transaction from that requirement. Act 28 requires the Department to promulgate administrative rules to implement and administer the statute.
In this rule making, the Department proposes policies and procedures to implement the requirement that non-individual secured parties file a security interest statement electronically. The Department uses as a model ch.
Trans 141
, which requires licensed motor vehicle dealers to process title transactions using an electronic process prescribed by the Department.
Similar to policies established in ch.
Trans 141
, the Department, in ch.
Trans 148
, proposes to exempt from the requirement of electronic filing of security interest statement a secured party that has filed fewer than 49 security interest statements on Wisconsin motor vehicle titles during the previous calendar year. The proposed rule states that the Department may deny a secured party the authority to file and release security interest statements electronically based on the secured party's inadequate performance. As required by s.
342.245
, Stats., and following the model of ch.
Trans 141
, the Department proposes to charge a $5 fee per transaction for processing applications submitted by secured parties not required to process electronically, and the $5 fee and a $20 surcharge per transaction for processing applications submitted by secured parties not authorized to process electronically and by non-exempt secured parties that fail to comply with the law.
The Department proposes to exempt two types of transactions from the requirement that a secured party must file security interest statements electronically and, for these specifically exempted security interest transactions, the Department shall not charge a secured party a processing fee. First, if the security interest statement is being filed as part of a certificate of title transaction for a vehicle; and second, if the security interest statement is part of a transaction that is prohibited from successful electronic transaction because of an express limitation on the vehicle title or customer record, or on the e-MV Agent internet-based web application or APPS.
Comparison with federal regulations
No federal regulations govern the process covered in the proposed rule.
Comparison with rules in adjacent states
Michigan:
Michigan has no requirement, allowance, or means for a secured party to electronically file security interest statements.
Minnesota:
Minnesota has no requirement or allowance for a secured party to electronically file security interest statements. Minnesota at one time had such a pilot program; however, Minnesota has discontinued this practice.
Illinois:
Illinois has no requirement, allowance, or means for a secured party to electronically file security interest statements.
Iowa:
Iowa has no requirement, allowance, or means for a secured party to electronically file security interest statements.
Summary of factual data and analytical methodologies
Since 2007, all licensed motor vehicle dealers are required to process title and registration transactions. This law is implemented in chs.
Trans 141
and
Trans 156
.
While financial institutions affected by ch.
Trans 148
are of course different from motor vehicle dealers, many of the issues involved in electronically processing transactions and updating the DMV database are the same. For example, all transactions are subject to the same federal and state privacy laws and DMV security procedures. All transactions utilize the same methods of payment to DMV.
Therefore, the Department uses chs.
Trans 141
and
Trans 156
as a basis for ch.
Trans 148
, with changes as needed to address the different needs of secured parties.
Analysis and supporting documents used to determine effect on small businesses
The Department has analyzed the number of security interests listed on motor vehicle titles, by non-individual secured party, for calendar year 2008. There are more than 15,700 different secured parties that have current liens listed on motor vehicle titles.
The Department then excluded from the count security interests that were added as part of a title transaction (generally, a vehicle purchase in which the buyer obtained a loan). Of the total 15,700 secured parties, only about 2,080 secured parties listed security interests that are not part of a title transaction. Of the 2,080, only 433 secured parties listed 50 or more security interests, not part of a title transaction, in 2008. The 433 secured parties that listed 50 or more security interests are responsible for a total of 95,489 security interests not part of a title transaction. This is 88% of all security interests that are not part of a title transaction listed in calendar year 2008. The remaining 1,647 secured parties listed only 13,311 security interests not part of a title transaction, or 12% of all non-title security interests listed in 2008.
Therefore, the Department has concluded that a cut-off of 48 or fewer non-title transactions is a reasonable number. This number is the same number of sales which exempt a motor vehicle dealer from requirements under ch.
Trans 141
, making program administration and communication with DMV's business partners easier while, at the same time, this number captures a very large share of the security interest filing volume.
In this proposed rule, the Department proposes the exemption cut-off at 48 or fewer non-title security interests listed during the previous calendar year.
Small Business Impact
Most non-individual secured parties are financial institutions, located in and outside Wisconsin. Virtually all financial institutions maintain their records in electronic format and possess computers and access to the Internet. On the other hand, the Department recognizes that some small businesses do not possess this capability.
While there is not a direct connection between the size of the business and the amount of business done with the Department, the Department believes that this is an adequate measure of a small business for which it may be difficult to purchase necessary hardware and software, or to hire sufficient staff to manage electronic security interest statement filing. Therefore, the proposed rule exempts secured parties that have filed 48 or fewer security interest statements in motor vehicles during the previous calendar year.
Small Business Regulatory Coordinator
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person
Carson Frazier
Dept. of Transportation — Bureau of Vehicle Services
Room 253, P. O. Box 7911
Madison, WI 53707-7911
Phone : (608) 266-7857
Notice of Hearing
Workforce Development
Labor Standards, Chs. DWD 270-279
NOTICE IS HEREBY GIVEN that pursuant to ss.
103.34 (13)
and
227.11
, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the creation of Chapter
DWD 273
, relating to the regulation of traveling sales crews.
Hearing Information
Date and Time
|
Location
|
January 20, 2010
|
Madison
|
Wednesday
|
G.E.F. 1 Building, B103
|
1:30 p.m.
|
201 E. Washington Avenue
|
Accessibility
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Copies of Proposed Rule
The proposed rules are available for review at the website
http://adminrules.wisconsin.gov
and may also be obtained by contacting Howard Bernstein, Office of Legal Counsel, Dept. of Workforce Development, P.O. Box 7946, Madison, WI 53707-7946, (608) 266-9427, or
Howard.Bernstein@ dwd.wisconsin.gov
.
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Written comments on the rule may be submitted to the website or to Howard Bernstein at the address listed above by January 22, 2010, and will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Workforce Development
Statutory authority
Statutes interpreted
Explanation of agency authority
Section
103.34
, Stats., created by
2009 Wisconsin Act 3
, provides for the regulation of traveling sales crews, which involves the employment of groups of persons as salespersons who travel to a variety of locations and sell consumer goods or services door to door. Section
103.34(13)
, Stats., provides the authority for rules interpreting the statute, establishing fees, and setting requirements for registration and safety.
Summary of the proposed rule
After providing brief statements on the authority, purpose and applicability of the rule, the proposed rule enumerates the items required for a certificate of registration. These include: a completed application form; two completed fingerprint cards (for the purpose of a criminal background check) for each person who is a proprietor, managing partner, manager, principal officer, employee, agent or representative of the traveling sales crew business who supervises or transports traveling sales crew workers; verification that the applicant has a surety bond, a certificate of deposit, an escrow account, or an irrevocable letter of credit, in the amount of at least $10,000; a registration fee, in the amount of $60 for each individual for whom a background check is required; a mechanic's certification that all vehicles to be used to transport sales crews are in compliance with all safety standards; copies of the information that is to be provided to employees describing the transportation to be provided, and any hazardous materials (such as cleaning supplies) that the crew may be storing, handling, transporting or otherwise having exposure to; and documents showing that the operator applicant has the required amount of insurance coverage.
The proposed rule provides that the Department will begin to process the application when it has received all of the required documents, and it will complete its processing of the application within 30 days of receipt of the results of the criminal background check.
The proposed rule specifies standards for the fingerprint cards that are to be submitted as part of the certification application, requires the applicant or certified operator to notify the Department of any change in information that has been submitted to the Department, and provides that a certificate of registration may be denied, suspended or revoked if the Department determines that the applicant or certified operator is not in compliance with the law.
The proposed rule specifies the employment and wage payment records that are to be maintained by a certified operator. The proposed rule requires that the vehicles used must meet all safety requirements and that the certified operator must provide written information to the crew members on the safe handling, storage and transportation of any products or other materials that accompany the crew in their vehicles.
The proposed rule describes the information that must be provided by the operator to the Department to obtain traveling sales crew member permits. This includes, for each crew member, a government picture ID, information on the area of recruitment, the locations where the crew will be working, a description of the duties of the crew members, a description of the products being sold, and a statement verifying that this information has been provided to the crew member. The proposed rule provides that permit applications will be processed and permits issued within ten days after the receipt of all application materials. The proposed rule provides that operators and crew members are required to carry permits and identification at all times while working.
The proposed rule provides that a person who is required to obtain a traveling sales crew member permit is entitled to file a claim for unpaid wages with the Department under sec. 109.09, Stats.
Comparison with federal regulations
There is no federal law which regulates traveling sales crews or which requires work permits for door to door sales.
Comparison with laws in adjacent states
None of the states adjacent to Wisconsin (Illinois, Iowa, Michigan and Minnesota) has a law which regulates traveling sales crews.
Summary of factual data and analytical methodologies
The proposed rule is based on the requirements of sec. 103.34, Stats.
Small Business Impact
Because the proposed rule carries forward the requirements of the statute and does not establish new requirements, the proposed rule does not have an effect on small business.
Fiscal Estimate
Summary
The proposed rule does not create any costs that are separate from costs potentially due to the new statute.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Timara Budack, Section Chief
Labor Standards Section
(608) 267-2495
