On April 29, 2003, the Department of Financial Institutions, Division of Banking submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

The subject matter of the proposed rule relates to adjustment service companies conducting business by mail.

Section 218.02 (9), Stats.

A hearing on this rule is required. The organizational unit primarily responsible for the promulgation of this rules is the Department of Financial Institutions, Division of Banking.

Michael Mach

Deputy Administrator

(608) 266-0451

On April 25, 2003, the Department of Health and Family Services submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

The proposed rule relates to ch. HFS 124, Critical Access Hospitals.

Section 50.36 (1), Stats.

The federal Rural Hospital Flexibility Program promotes the continued viability of rural hospitals by allowing qualifying hospitals to receive cost-based reimbursement for their services if the hospital qualifies for and is approved to convert to what is known as a Critical Access Hospital (CAH). In Wisconsin, subchapter VI of ch. HFS 124 governs the Department's designation and regulation of CAHs. Designation as a CAH and receipt of cost-based reimbursement promotes the hospital's continued viability. To date, 25 hospitals in Wisconsin have transitioned to CAH status, thereby ensuring continued acute care access for many rural residents.

The Department recently learned that the tenuous financial condition of St. Mary's Hospital in Superior jeopardizes its continued operation and places it in imminent danger of closing unless the hospital can be designated as a CAH and receive cost-based reimbursement. The closure of St. Mary's would reduce Douglas County residents' accessibility to acute care. Moreover, the loss of the facility would have a significant detrimental effect on the county because St. Mary's annual payroll is between $7-8 million and it employs the equivalent of about 160 persons full-time.

Federal regulations permit a hospital in an urban area such as Superior to be reclassified as a critical access hospital if the hospital is located in an area designated as rural under state law or regulation. The Department has determined that the current provisions in ch. HFS 124 preclude St. Mary's from being reclassified as a rural hospital and designated as a necessary provider of health services to area residents. However, St. Mary's Hospital meets “necessary provider" status in the Wisconsin Rural Health Plan based on economic, demographic and health care delivery in its service area. Therefore, the Department is proposing to modify provisions in subchapter VI of ch. HFS 124 to permit St. Mary's Hospital to be classified as a rural hospital and begin the approval process for designation as a Critical Access Hospital. To permit St. Mary's to initiate its transition to a critical access hospital, the Department issued a similar emergency order that became effective on March 21, 2003. Through this proposed permanent order, the Department is also modifying several other provisions in subch. VI of ch. HFS 124 to more closely reflect current federal regulations, the October 2001 Wisconsin Rural Hospital Flexibility Program Implementation Plan and to change the name of the federal Health Care Financing Administration to the Centers for Medicare and Medicaid Services.

A public hearing will be held on June 20, 2003.

Cheryl Bell-Marek, 267-5150

On April 25, 2003, the Department of Health and Family Services submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

The proposed rule relates to ch. HFS 196 Appendix, commonly known as the Wisconsin Food Code (WFC), relating to the certification of food managers.

Sections 227.11 (2), 254.74 (1) and 254.71 (6), Stats.

Chapter 12 of HFS 196 Appendix, establishes the requirements for certification of food managers. Section 254.71, Stats., and HFS 196 Appendix, commonly known as the Wisconsin Food Code, require an operator or at least one manager of a food establishment to have achieved a minimum proficiency in food safety through classroom training and examination. The classroom session and examination are administered by independent organizations such as the Tavern League of Wisconsin and the Wisconsin Restaurant Association, or by technical colleges utilizing an examination approved by the Department. In order for an individual to be certified, proof of passing the examination is required to be submitted to the Department along with a $10 certification fee. The certificate may be renewed, within 6 months of the expiration date, by completing a Department-approved recertification training course and payment of a $10 recertification fee. Certification and recertification is valid for a period of 5 years.

The Department proposes to amend ch. 12, of HFS 196 Appendix, to do all of the following:

1. Increase the certification fee and the recertification fee from $10 for 5 years to $25 for 5 years, with an additional increase to $30 for 5 years effective July 1, 2004.

2. Revise the recertification requirements to be equal to the requirements of the initial certification.

3. Grant automatic approval to create and administer written examinations on food protection practices to testing service organizations that are accredited by the National Conference for Food Protection (NCFP), the recognized authority for setting national standards in food safety.

Justification:

1. Fee Increase: The current fee of $10 for certification and the current fees of $10 for recertification was established at the conception of the certified food manager program in 1994. The cost of maintaining and verifying the registry of certified food managers has increased since then. Health inspectors and certificate holders frequently contact the Department to check on the status of a misplaced certificate, to request duplicates, or to determine when renewal is due. The Department estimates that central office support staff spend 46 hours per week on the certification program. Additional costs related to the program are incurred at each annual inspection. The Department estimates that a 5-year certificate issued for $10 costs the state more than $70 over its 5-year life. The additional revenue generated from these fee increases will enable the Department to maintain the current registry, and to respond in a timely manner to information requests regarding CFMs. Neighboring states currently charge up to $35 for 5-year certificates or renewals.

2. Recertification Requirements: The current recertification requirement is 3 hours of classroom instruction and an examination on the information presented. There are no requirements concerning the content of the examination, nor are individuals required to achieve a passing grade on the examination. The Department believes that recertification requirements that are at least as stringent as the initial certification requirements will increase the level of food safety in each food service operation by reminding the CFM of processes or procedures that may have been forgotten, as well as addressing new trends and problems.

3. Change in Examination Approval: The Department believes it is more appropriate for course materials and examinations to be approved by the NCFP. The NCFP has more expertise and knowledge in this field. Additionally many states are moving in this direction, resulting in improved consistency and uniformity from one jurisdiction to another.

Public hearings under ss. 227.16, 227.17 and 227.18, Stats.; approval of rules in final draft form by the DHFS Secretary; and legislative standing committee review under s. 227.19, Stats.

For questions concerning the subject of the proposed rule contact:

Greg Pallaske

608-266-8351

For questions concerning the Department's administrative rule promulgation process contact:

Rosie Greer

608-266-1279

On April 1, 2003, the Department of Natural Resources submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

The proposed rule relates to ch. NR 45, relating to use regulations on DNR lands.