A basic concept of the Medicaid program is that services must be medically necessary to be reimbursable. The medical necessity of these services is determined by the Department based on information submitted by the provider. Thus, it is necessary to require prior authorization to determine the appropriateness of providing these services to an individual recipient. Allowing the existing rule language to remain in its present form could require reimbursement for orthodontia that is not medically justified.

The rule will not have a fiscal effect on local government or the private sector. Restoration of prior approval provisions in the dental services section of the Medicaid regulations should result in continued savings to the Medicaid program.

A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or by contacting the person listed below.

Al Matano
Division of Health Care Financing
P.O. Box 309
Madison, WI 53702
608-267-6848 or matana@dhfs.state.wi.us

NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1), (6) and (16), 285.60 (6), 285.67 and 285.69, Stats., interpreting ss. 227.11 (2) (a) and 285.11 (1) and (6), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 400, 406, 407, 410 and 439, Wis. Adm. Code, relating to construction permits and stack test requirements. The State Implementation Plan developed under s. 285.11 (6), Stats., is also being revised. The Department is proposing to incorporate changes in federal regulations.

Some changes in chs. NR 400 and 407 are updating definitions and other revisions to the federal standards regarding fugitive emissions and permitting standards. Additional changes in chs. NR 406 and 407 clarify when a construction permit is needed for sources covered under general operation permits. Portable source relocation limitations found in ch. NR 406 will be amended by changing the numerical emission limitations to language limiting the relocation limitations to less than major source thresholds.

Section NR 410.03 will be amended so construction permits can be issued concurrently with operation permits, streamlining the process for minor revisions to those permits. The revision is being made so that the collection of permit fees and the issuance of an operation permit are independent of each other. If fees are not paid, the Department has the ability to revoke a permit or to refer the source to the Department of Justice to collect the fees.

Chapters NR 439 and 462 have different and conflicting stack test requirements for boilers that are subject to national emission standards for hazardous air pollutants, maximum achievable control technology (MACT). The proposed amendment to ch. NR 439 allows boilers subject to that MACT standard to use the testing schedule in ch. NR 462 rather than the current requirements in ch. NR 439.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Sources of fugitive emissions may become subject to the federal operation permit program as a result of this rule change. Low emitting dry cleaners, metal cleaners and chrome electroplaters may be excluded from major source permitting requirements as a result of this rule.

b. Description of reporting and bookkeeping procedures required: Facilities subject to federal operation permit requirements must report their compliance status to the Department every six months. Facilities that are not subject to federal operation permit requirements must report their compliance annually.

c. Description of professional skills required: The proposed rule changes does not create any additional need for professional skills than those that are required under current regulations.

The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

June 12, 2007     Room 511, GEF #2 Building
(Tuesday)     101 South Webster Street
at 1:00 p.m.     Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608) 266-2856 or by e-mail at Robert.Eckdale@wisconsin.gov with specific information on your request at least 10 days before the date of the scheduled hearing.

No governmental economic impacts are anticipated.

The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-12-07. Written comments on the proposed rule may be submitted via U.S. mail to Joe Brehm, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to Joseph.Brehm@ wisconsin.gov. Comments may be submitted until June 19, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2856.

NOTICE IS HEREBY GIVEN that, pursuant to and interpreting s. 73.029, Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment and creation of rules relating to electronic funds transfer.

The hearing will be held at 9:00 A.M. on Wednesday, May 30, 2007, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.

Handicap access is available at the hearing location.

Statute interpreted:   s. 73.029, Stats.

Statutory authority:   s. 73.029, Stats.

Explanation of agency authority: Section 73.029, Stats., provides that the department may require electronic funds transfer only by promulgating rules.

Related statute or rule: s. 71.91 (7), Stats.

Plain language analysis: This proposed rule order creates a provision specifying that withholding payments by an employer of the delinquent tax of an employee (also known as wage certification payments) are required to be made by electronic funds transfer (EFT). It also updates notes to provide current contact information for the department's EFT Unit.

Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.

Summary of factual data and analytical methodologies: Wage certifications are authorized under s. 71.91(7), Stats. The number of wage certification payments received each year number in the tens of thousands. The department has determined that in order to administer this program in the most cost effective manner, it is necessary to require employers to make wage certification payments electronically.

Analysis and supporting documents used to determine effect on small business: The department provides methods to pay taxes using EFT that occur at no or minimal cost to the payer. In addition, an exception to the requirement to pay electronically for situations where an undue hardship is caused is provided in the rule. Based on this, the department has concluded that this proposed rule order does not have a significant effect on small business.

Anticipated costs incurred by private sector: This proposed rule order does not have a significant fiscal effect on the private sector.

Effect on small business: This proposed rule order does not have a significant effect on small business.

Agency contact person: Please contact Dale Kleven at (608) 266-8253 or dkleven@dor.state.wi.us, if you have any questions regarding this proposed rule order.

Submission of comments: Comments may be submitted to the contact person shown below no later than one week after the public hearing on this proposed rule order is conducted. Information as to the place, date, and time of the public hearing will be published in the Wisconsin Administrative Register.

Dale Kleven
Department of Revenue
Mail Stop 6-40
2135 Rimrock Road
P.O. Box 8933
Madison, WI 53708-8933

SECTION 1. Tax 1.12 (1), (2), (3) (g), and (4) (a) (intro.) are amended to read:

Tax 1.12 (1). SCOPE. This section applies to any person who is required to or elects to pay or deposit taxes or , fees, or other amounts by electronic funds transfer, or “EFT."

Tax 1.12 (2). PURPOSE. The purpose of this section is to specify which taxes and, fees, and other amounts are required to be paid or deposited using the EFT payment method, to provide that certain persons not required to use the EFT payment method may elect to do so and to explain the procedures for using EFT.

Tax 1.12 (3) (g). “Payer" means any person who is required to or elects to pay or deposit taxes or, fees, or other amounts by electronic funds transfer.

Tax 1.12 (4) (a) (intro.). Except as provided in sub. (11), the department requires a person who owes taxes and, fees and other amounts as described in subds. 1. to 13. 14. to pay or deposit the taxes and, fees, and other amounts using the EFT payment method. The following taxes and, fees, and other amounts are included in the EFT payment requirement:

SECTION 2. Tax 1.12 (4) (a) 14. is created to read:

Withholding by an employer of the delinquent tax of an employee under s. 71.91 (7), Stats.

SECTION 3. Tax 1.12 (4) (b) is amended to read:

Tax 1.12 (4) (b). Any person not required to use the EFT payment method under par. (a) may elect to use the EFT payment method to pay or deposit the taxes or, fees, or other amounts specified in par. (a).

Note to revisor: Replace the note at the end of Tax 1.12 (6) (a) with the following:

Note: A request for an EFT registration packet may be made by calling the department's EFT unit at (608) 264-9918; by writing to EFT Unit, Wisconsin Department of Revenue, P.O. Box 8949, Madison WI 53708-8949; or by submitting an online form via the department's website at www.revenue.wi.gov.

SECTION 4. Tax 1.12 (7) (intro.) is amended to read:

Tax 1.12 (7) (intro.). EFT PAYMENT PROCEDURES. EFT payments or deposits shall be credited by the department directly to the payer's tax account or, for amounts described in sub. (4)(a)14., to the employee's delinquent tax account. The payer may use the ACH debit or ACH credit transfer option, or both, as follows:

Note to revisor: Replace the note at the end of Tax 1.12 (7) (a) with the following:

Note: Written requests for department approval of another ACH debit transfer method should be addressed to EFT Unit, Wisconsin Department of Revenue, P.O. Box 8949, Madison WI 53708-8949.

Note to revisor: Replace the note at the end of Tax 1.12 (11) (a) 1. with the following:

Note: Written waiver requests should be addressed to EFT Unit, Wisconsin Department of Revenue, P.O. Box 8949, Madison WI 53708-8949.

This proposed rule order does not have a significant economic impact on a substantial number of small businesses.

The proposed rule requires that withholding payments by an employer of the delinquent tax of an employee be made using electronic funds transfer. No change is made to filing thresholds or amounts remitted. The rule should have a minimal fiscal impact on taxpayers. It is expected that administrative cost savings will be $34,000 per year beginning in fiscal year 2009.

Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than June 6, 2007, and will be given the same consideration as testimony presented at the hearing.