EmR1204
— The Wisconsin Department of Health Services hereby adopts emergency rules to create
section
DHS 115.05 (3)
, relating to fees for screening newborns for congenital and metabolic disorders and other services.
The Statement of Scope for this rule, SS
033-11
, was approved by the governor on
October 25, 2011
, published in
Register No. 671
, on
November 14, 2011
and approved by the Department of Health Services Secretary, Dennis G. Smith, effective
November 25, 2011
.
This emergency rule was approved by the governor on April 19, 2012.
Exemption from Finding of Emergency
The legislature by
2011 Wisconsin Act 32
, SECTION
9121 (9)
provides an exemption from a finding of emergency to adopt these emergency rules. The exemption is as follows:
2011 Wisconsin Act 32
, SECTION
9121 (9)
CONGENITAL DISORDER TESTING FEES; RULES. Using the procedure under section
227.24
of the statutes, the department of health services shall promulgate rules required under section
253.13 (2)
of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section
253.13 (2)
of the statutes, as affected by this act, but not to exceed the period authorized under section
227.24 (1) (c)
of the statutes, subject to extension under section
227.24 (2)
of the statutes. Notwithstanding section
227.24 (1) (a)
,
(2) (b)
, and
(3)
of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
Publication Date:
May 4, 2012
Effective Dates:
May 4, 2012 through
September 30, 2012
Hearing Date:
May 25, 2012
Insurance (2)
1.
EmR1117
— Rule adopted to revise
Chapter
Ins 18
, relating to grievances and independent review requirements and affecting small business.
The statement of scope for this rule, SS
027-11
Ch.
Ins 18
, was approved by the governor on September 30, 2011, published in
Register No. 670
, on October 14, 2011, and approved by the Commissioner Theodore Nickel on October 26, 2011. The emergency rule was approved by the governor on November 3, 2011.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached proposed emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Portions of Wisconsin's insurance law and regulations governing grievances and independent review processes are in conflict with federal law and regulation following the amendment of
42 USC 300gg
19
(a) and (b), as implemented by
45 CFR 147.136
, as amended. Therefore, the Commissioner, pursuant to s.
631.01 (5)
, Stats., has determined that it is in the interest of the State of Wisconsin, Wisconsin insureds and the public to exempt insurers, certified independent review organizations and self-insured governmental health plans that elect to comply with ch.
Ins 18
, Wis. Adm. Code, as revised, from being required to comply with provisions contained in s.
632.83
and
632.835
, Stats., that are inconsistent with
42 USC 300gg-19
(a) and (b), and
45 CFR 147.136
et seq., as amended.
Facts constituting the emergency arise from the desire for the State of Wisconsin to retain jurisdiction and regulatory control over the grievance and the independent review processes and independent review organizations operating in the state. The Secretary of the US Department of Health and Human Services issued interim final regulations and guidance, most recently released late June 2011. The regulations require states that desire to retain regulatory oversight of the grievance and independent external review processes, to demonstrate compliance with the federal internal appeal and external review laws and regulations to the Center for Consumer Information and Insurance Oversight ("CCIIO"). The Commissioner received notice on July 29, 2011, from CCIIO that Wisconsin's current regulatory oversight is not compliant.
The Commissioner has requested reconsideration of that initial determination, however, to ensure retention of regulatory oversight of the grievance and independent external review processes revisions to ch.
Ins 18
, Wis. Adm. Code, must be made and be applicable for claims arising on or after January 1, 2012. Assembly Bill 210 has been introduced, a bill that repeals inconsistent provisions in accordance with federal requirements, but it is unlikely that AB 210 will be enrolled within the reconsideration timeframe. Therefore the Commissioner is proposing this emergency rule to comply with the federal requirements in order to retain regulatory jurisdiction of grievance and independent review processes.
Publication Date:
November 16, 2011
Effective Dates:
November 16, 2011 through
April 13, 2012
Repealed by
EmR1119
:
December 29, 2011
2.
EmR1119
— Rule to repeal
EmR1117
, which was to revise
Chapter
Ins 18
, relating to grievances and independent review requirements, and affecting small business.
The emergency rule was approved by the governor on December 27, 2011.
The statement of scope SS
045-11
was approved by the governor on December 1, 2011, and published December 14, 2011 in
Register No. 672
. The Statement of Scope was signed by Commissioner Nickel on December 24, 2011.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that the attached proposed emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Emergency Rule 1117 (
EmR1117
), was effective November 16, 2011 and is to be first applicable on January 1, 2012.
EmR1117
contained provisions modifying Wisconsin's insurance regulations governing grievances and independent review processes to comply with federal law provisions of
42 USC 300gg
19
(a) and (b), as implemented by 45 CR 147.136, as amended. It has been determined that this may not be in the best interest of the state.
The proposed emergency rule will repeal
EmR1117
in its entirety and maintain Wisconsin's prior existing regulations and oversight of the grievance and independent review process. To avoid full implementation of
EmR1117
and industry and consumer confusion, the Commissioner has determined that this emergency rule must be effective prior to January 1, 2012.
Publication Date:
December 29, 2011
Effective Dates:
December 29, 2011 through
May 26, 2012
Hearing Date:
January 26, 2012
Justice
2.
EmR1115
— Rule to create
section
Jus 17.13
, relating to the recognition by Wisconsin of concealed carry licenses issued by other states.
This emergency rule was approved by the governor on October 14, 2011.
The statement of scope for this rule, SS
009-11
, was approved by the governor on
August 4, 2011
, published in
Register No. 668
, on
August 31, 2011
, and approved by Attorney General J.B. Van Hollen on
September 12, 2011
.
Finding of Emergency
Section
100 (1)
of
2011 Wis. Act 35
expressly authorizes and requires DOJ to use the emergency rulemaking procedures of s.
227.24
, Stats., to promulgate the emergency rule required under s.
165.25 (12)
, Stats., and further provides that DOJ is not required to provide evidence that promulgating this rule as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare.
Publication Date:
October 25, 2011
Effective Dates:
November 1, 2011 through
March 29, 2012
Extension Through:
May 28, 2012
Natural Resources (2)
Fish, Game, etc., Chs. NR 1—
1.
EmR1045
(DNR # IS-07-11(E)) — Rule to repeal
section
NR 40.02 (28m)
, to amend
section
NR 40.04 (3m)
,
and to repeal and recreate
section
NR 40.07 (8)
, (all as created by Natural Resource Board emergency order
EmR1039
, DNR # IS-49-10(E)), relating to the identification, classification and control of invasive species.
Exemption from Finding of Emergency
Section
227.24 (1) (a)
, Stats., authorizes state agencies to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under Ch.
227
, Stats., if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures. However, s.
23.22 (2t) (a)
, Stats., authorizes the department to promulgate emergency rules to identify, classify, or control an invasive species without having to provide evidence that an emergency rule is necessary for the preservation of public peace, health, safety, or welfare or to provide a finding of emergency.
In addition, such emergency rules may remain in effect until whichever of the following occurs first: the first day of the 25th month beginning after the effective date of the emergency rule, the effective date of the repeal of the emergency rule, or the date on which the permanent rule identifying, classifying, or controlling the invasive species, promulgated under s.
23.22 (2) (b) 6.
, Stats., takes effect.
Publication Date:
December 13, 2010
Effective Dates:
December 13, 2010 through
See bold text above
The statement of scope for this rule, SS
046-11
, was approved by the governor on
December 2, 2011
, published in
Register No. 672
on
December 31, 2011
and approved by the Natural Resources Board on
February 22, 2012
.
This emergency rule was approved by the governor on April 26, 2012.
Finding of Emergency
The Department is aware that several ATV trails in Wisconsin overlap existing roads. From the onset of the program, these overlapping paths were identified as trails, signed accordingly, and were eligible to receive ATV grant funds. A few years ago, the ORV Advisory Council and WI County Forestry Association proposed that the Department revise ch.
NR 64
to accommodate paths used by both ATVs and motor vehicles. These trail-route combinations – also called hybrid trails but commonly referred to as "troutes" – will be eligible for future maintenance grant funding at the current rate if it can be shown that the hybrid trails ("troute") existed prior to the effective date of this rule.
This emergency rule will establish a new category of all-terrain trail commonly called a "troute", or a trail-route combination, that provides a connector between trails and allows grant funding for these unique trails. An emergency rule is needed because we anticipate that the permanent rule revisions to ch.
NR 64
that will include troutes will not be effective until Sept 2012, at the earliest. Without this emergency rule, DNR will not be able to award grants to project sponsors for ATV "troutes" in July 2012, as is our practice. About one-third of the trails in northern Wisconsin are "troutes" and have been funded as trails since the program started. Our partners count upon grant funds for troute maintenance.
Without this Emergency Rule, the integrity and safety of troutes could be severely compromised. Our partners may be forced to close troutes without grant funding to maintain them until the permanent rule is effective. If troutes are closed, riders could be stranded in an unfamiliar location or be forced to turn around and ride back the same way they came instead of continuing onto their destination.
Publication Date:
June 1, 2012
Effective Dates:
June 15, 2012 through
November 11, 2012
Hearing Date:
June 25, 2012
Revenue
EmR1201
— Rule to revise
section
Tax 7.23
, relating to the activities of brewers, bottlers, out-of-state shippers, and wholesalers.
The scope statement for this rule, SS
018-11
, was approved by the governor on August 16, 2011, published in
Register No. 669
on September 14, 2011, and approved by the Secretary of Revenue on September 26, 2011.
Finding of Emergency
The Department of Revenue finds that an emergency exists and that the rule order is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The emergency rule is to administer the provisions of ss.
125.28 (5) (e)
and
125.29 (3)
, Stats., as created by
2011 Wisconsin Act 32
, and reflect revisions made by the Act to the authorized activities of persons holding wholesalers' and brewers' permits.
It is necessary to promulgate this rule order so that the above provisions may be administered in a fair and consistent manner.
This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of this rule have been filed with the Legislative Reference Bureau, as provided in s.
227.24
, Stats.
Publication Date:
January 27, 2012
Effective Dates:
January 27, 2012 through
June 24, 2012
Hearing Date:
February 27, 2012
Safety and Professional Services
(Formerly Regulation and Licensing)
EmR0827
— Rule adopted creating
section
RL 91.01 (3) (k)
, relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker.
Exemption from Finding of Emergency
Section 41 (2) (b) of the nonstatutory provisions of
2007 Wisconsin Act 104
provides that notwithstanding section
227.24 (1) (a)
and
(3)
of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement
2007 Wisconsin Act 104
. Notwithstanding section
227.24 (1) (c)
and
(2)
of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
Publication Date:
September 10, 2008
Effective Dates:
September 10, 2008
through the date on which
the final rules take effect
Hearing Date:
November 26, 2008
April 13, 2009
