The Department is proposing to modify inpatient hospital pay for performance measures and associated payment rates for state fiscal year 2012. The pay for performance measures are projected to distribute $5,000,000 all funds in state fiscal year 2012, composed of $1,978,000 general purpose revenue (GPR) and $3,022,000 federal funds (FED). The effective date of the change will be April 1, 2012.

A copy of the proposed change may be obtained free of charge at your local county agency or by calling or writing as follows:

A copy of the proposed change is available for review at the main office of any county department of social services or human services. Department staff have notified the health directors of Native American tribes in Wisconsin of this proposal and consulted with them.

Written comments are welcome. Written comments on the proposed change may be sent by FAX, email, or regular mail to the Division of Health Care Access and Accountability. The FAX number is (608) 266-1096. The email address is Sean.Gartley@wisconsin.gov. Regular mail can be sent to the above address. All written comments will be reviewed and considered.

All written comments received will be available for public review between the hours of 7:45 a.m. and 4:30 p.m. daily in Room 350 of State Office Building, 1 West Wilson Street, Madison, Wisconsin. Revisions may be made in the proposed changed pay for performance measures based on comments received.

On March 2, 2012, in Case No. 12-CV-0569, Midwest Environmental Defense Center Inc. v. Wisconsin Department of Natural Resources, et. al., an action for declaratory judgment under s. 227.40, Stats., the Circuit Court for Dane County, Branch 2, entered an Order pursuant to a Stipulation of the parties as follows:

The plaintiff brought this action challenging the validity and reliance on a portion of Wis. Admin. Code s. NR 106.10 (1), which contains an exclusion to certain compounds subject to water quality based effluent limitations in WPDES permits. The parties wish to resolve this matter without additional litigation and believe this stipulation to be in the public interest and consistent with the requirements of the Clean Water Act and state laws and regulations implementing the Clean Water Act, and AGREE and STIPULATE as follows:

1. The part of the rule that reads, “but do not include the addition of compounds at a rate and quantity necessary to provide a safe drinking water supply, or the addition of substances in similar type and amount to those substances typically added to a public drinking water supply," does not comply with the requirements of the federal Clean Water Act, 33 U.S.C. ss. 1251 to 1387, and regulations adopted under that act and is therefore declared to be invalid, and the Department of Natural Resources shall continue not to rely on that part of the rule.

2. As required by Wis. Stat. s. 227.40 (6), by copy of this Stipulation and Order, the Legislative Reference Bureau is ordered to publish a notice of the Court's determination as to the invalidity of those portions of Wis. Admin. Code s. NR 106.10 (1) identified in this Stipulation and Order in the Wisconsin Administrative Register under Wis. Stat. s. 35.93 (4), and it shall insert an annotation of the Court's determination in the Wisconsin Administrative Code under Wis. Stat. s. 13.92 (4) (a).

3. The Department of Natural Resources shall grant or deny the four pending Wis. Stat. s. 283.63 petitions identified in the complaint by no later than thirty days following the date of the Court's entry of this Order, and if any of the petitions for hearing is granted, shall refer the matter to the Division of Hearings and Appeals within thirty days of the Department's granting of the petition.

4. This action may be dismissed.

(party signatures and contact information omitted.)

ORDER

The terms of the foregoing stipulation are approved by and made the order of the Court, and this action is dismissed, this 2nd day of March 2012. This is a Final Order under Wis. Stat. s. 808.03 (1).

BY THE COURT:

/s/

MARYANN SUMI

Circuit Judge, Branch 2

This notice is given by the Legislative Reference Bureau as required by s. 227.40 (6), Stats., and the order of the court.

Pursuant to 2011 Wisconsin Act 121, Chapter NR 411, Wisconsin Administrative Code is repealed as provided under section 227.26 (2) (i) of the statutes, effective March 22, 2012.

This notice is given by the Legislative Reference Bureau as required by Section 2 of 2011 Wisconsin Act 121.