Wednesday, November 5, 2003 at 1:00 p.m.
State Office Building
1 West Wilson St.
Room B145
MADISON
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available on site.
Analysis Prepared by the Department of Health and Family Services
The Department proposes to create a new chapter of administrative rules, ch.
HFS 2, that addresses the Department's ability to recoup overpayments the Department made to recipients of Department program benefits.
Under section 16.51 (4) of the Wisconsin Statutes, the Wisconsin Department of Administration is responsible for the collection of all monies due the state. In the State Accounting Manual, the Department of Administration has, in turn, assigned to each State agency the responsibility to establish and document internal procedures to assure that all accounts are recorded, billed and collected or written-off in an efficient and timely manner. This includes the return of benefits that were overpaid to recipients.
To date, the Department of Health and Family Services has relied on its written overpayment policy to authorize the procedure the Department uses to recoup benefit payments. In 1999, in Mack vs. DHFS, 231 Wis. 2
nd 844, 605 N.W. 2
nd 651 (Ct. App. 1999), the Wisconsin Court of Appeals found that although the Department has the right to recover erroneous payment of public funds, the Department could not employ its recoupment process without promulgating the process as an administrative rule. Therefore, the Department proposes to promulgate its procedure for recouping overpayments as ch.
HFS 2.
Contact Person
The initial proposed rules upon which the Department is soliciting comments and which will be the subject of this hearing are posted at the Department's administrative rules website at:
www.adminrules.wisconsin.gov
To find out more about the hearing, or to comment on the proposed rule, please write or phone:
Amy Korpady
Division of Management and Technology
P.O. Box 7850
Madison, WI 53707-7850
608-266-2708
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than Tuesday, November 10, 2003, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
The purpose of the proposed ch.
HFS 2 is to increase the Department's ability to implement its policy for recouping overpayments of benefits to individuals and other accounts receivable. The Department assumes that, in most circumstances, recoupments that result from this policy will be realized as GPR-earned.
One specific type of overpayment involves payments made for child welfare services through the Bureau of Milwaukee Child Welfare. The Department estimates that this rule will result in an annual increased recoupment of these overpayments of $30,000 to $45,000. It is likely that the Department could generate additional revenues from recoupment of benefits in other DHFS programs as well. The amount of revenue from recoupments cannot be estimated.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
[CR 03- 090]
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
in ss.
15.08 (5) (b),
227.11 (2), and
457.03 (1), Stats., and interpreting s.
457.08, Stats., the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend ss.
MPSW 3.01 (2),
3.05 (2),
3.07 (2) and
3.09 (2), relating to a foreign degree to be equivalent to a degree from an accredited school in the United States.
Hearing Date, Time and Location
Date: October 23, 2003
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 3, 2003, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted: s.
457.08, Stats.
Under current requirements, applicants for social worker certification or licensure must have earned a social work degree from a school accredited by the Council on Social Work Education. Applicants otherwise qualified are prevented from obtaining Wisconsin certification or licensure if the applicant obtained a degree in another country. The Council on Social Work Education has a process for determining equivalency of degrees, and in fairness to graduates of foreign schools, the Social Worker Section wishes to rely on that process for accepting equivalent degrees.
Sections 1, 2, 3 and 4 amend the rules to permit the Social Worker Section to accept from applicants for social worker certification or licensure a foreign degree determined by a national accrediting organization to be equivalent to a degree from an accredited school.
Text of Rule
SECTION 1. MPSW 3.01 (2) is amended to read:
MPSW 3.01 (2) Verification that the school or program which awarded the social work degree was accredited by
, or a pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
SECTION 2. MPSW 3.05 (2) is amended to read:
MPSW 3.05 (2) Verification that the school or program which awarded the social work degree was accredited, or a pre-accredited pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
SECTION 3. MPSW 3.07 (2) is amended to read:
MPSW 3.07 (2) Verification that the school or program which awarded the social work degree was accredited, or a pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
SECTION 4. MPSW 3.09 (2) is amended to read:
MPSW 3.09 (2) Verification that the school or program which awarded the social work degree was accredited, or a pre-accreditation program of, the council on social work education Council on Social Work Education (CSWE), at the time the applicant graduated from the program or school, or that a degree awarded by a foreign institution of higher learning has been determined by the CSWE to be equivalent to a CSWE-accredited program.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
457.03, Stats., and interpreting s.
457.08, Stats., the Marriage and Family Therapy, Professional Counseling and Social Worker Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
MPSW 4.01 (3) (a) to
(c), relating to supervised pre-certification and pre-licensure social work.
Hearing Date, Time and Location
Date: November 20, 2003
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 30, 2003, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Regulation and Licensing.
Statute interpreted: section
457.08, Stats.
Section 1 revises language describing the activities to be engaged in by a person acquiring supervised social work experience, for clarification.
Text of Rule
SECTION 1. MPSW 4.01 (3) is amended to read:
(3) A period of supervised practice of social work shall include, but not be limited to, practice in each of the following activities:
(a) Evaluation and assessment of difficulties in psychosocial functioning of a group or another individual;
(b) Developing plans or policies to alleviate those difficulties, and either carrying out the plan or referring individuals to other qualified resources for assistance;
(c) Intervention planning, which may include psychosocial evaluation and counseling of individuals, families and groups; advocacy; referral to community resources; and facilitation of organizational change to meet social needs.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Pharmacy Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2), and
450.02, Stats., and interpreting s.
450.09, Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Phar 6.04 (3) (a) (intro.); and create s.
Phar 6.04 (3) (c), relating to the professional service area requirements where the pharmacist is absent.
Hearing Date, Time and Location
Date: November 11, 2003
Time: 9:00 A.M.
