•The total pounds of producer milk that the milk contractor marketed to each person in the preceding month.
•The milk contractor's total milk payment obligation to milk producers for producer milk that the contractor marketed in the preceding month.
Marketing Processed Dairy Products for Milk Producers. This rule clarifies that ch.
126, Stats., does not apply to a person who markets only
processed dairy products for milk producers, provided that the person does not procure, market or process any
raw producer milk.
Milk Payroll Report; Clarification. Under ch.
126, Stats., an applicant for an annual milk contractor license must report (1) the applicant's total annual payment obligation to milk producers, and (2) the largest obligation incurred at any time during the applicant's last fiscal year. The reported amounts are used to determine fund assessments and security requirements, if any. This rule clarifies that the applicant must report (1) the total amount paid for milk procured during the applicant's last fiscal year, and (2) the largest amount paid for milk procured in any single month during the last fiscal year.
Pay Statements to Milk Producers. Under current rules, dairy plant operators must provide pay statements to milk producers. A pay statement identifies the producer and pay period, the amount of milk received, the grade of the milk, milk test results, the milk price and price adjustments, the gross amount due, the average gross pay per hundredweight less hauling charges, deductions from the gross amount due, and the net amount due.
This rule re-codifies, but does not change, current pay statement requirements for dairy plant operators. This rule requires all milk contractors, not just dairy plant operators, to provide pay statements to milk producers.
Milk Contractor Records. Under current rules, dairy plant operators must keep certain records, including records of milk receipts and payments. This rule re-codifies, but does not change, current record keeping requirements for dairy plant operators. This rule requires all milk contractors, not just dairy plant operators, to keep records.
Milk Price Discrimination. Current rules prohibit milk price discrimination by dairy plant operators. This rule does not extend the current rules to apply to other milk contractors. This rule updates some cross-references in the current rules, but does not change the current rules.
Vegetable Contractors
General. This rule requires vegetable contractors to comply with the new law, ch.
126, Stats. This rule supplements the new law, and amends or repeals rules that no longer apply.
Financial Statement; Disclosures. Under ch.
126, Stats., a vegetable contractor must file annual financial statements with DATCP if the vegetable contractor incurs more than $500,000 per year in contract obligations to producers. Other vegetable contractors may file
voluntary financial statements in order to avoid paying fund assessments or to qualify for lower fund assessments. A vegetable contractor's financial ratios may affect the following:
• The vegetable contractor's eligibility to participate in the fund.
•The amount that the vegetable contractor must contribute to the fund.
•Whether or not the vegetable contractor must file security with DATCP.
Under this rule, a vegetable contractor's financial statement must disclose and describe all of the following:
•All notes, mortgages or other long-term liabilities not due or payable within one year.
•Any of the following items that are counted as assets in the financial statement:
- Any non-trade note or account receivable from an officer, director, employee, partner, or stockholder, or from a member of the family of any of those individuals.
- Any note or account receivable from a parent organization, a subsidiary, or an affiliate, other than an employee.
- Any note or account that has been receivable for more than one year, unless the vegetable contractor has established an offsetting reserve for uncollectable notes and accounts receivable.
Financial Statement Attachments. Some of the financial disclosures required by ch.
126, Stats., and this rule may be made in notes or attachments to the financial statement. Under this rule, an attachment to a reviewed or audited financial statement must satisfy the following requirements:
• The attachment must be on the letterhead of the certified public accountant who reviewed or audited the financial statement.
•The certified public accountant who reviewed or audited the financial statement must certify, in the attachment, whether the attachment is reviewed or audited.
Security Disclosures to Producers. This rule requires vegetable contractors to make security disclosures to producers, so those producers understand the extent to which payments are backed by the agricultural security program. This rule specifies the form in which a vegetable contractor must make the disclosures. A vegetable contractor must include the disclosures in the proposed vegetable procurement contract with each producer.
Fiscal Estimate
See page 22, 9/30/02, Wis. Adm. Register.
Small Business Analysis.
See page 22, 9/30/02, Wis. Adm. Register.
Notice of Hearing
Health and Family Services
(Health – HFS 110-)
[
CR 02-117]
Notice is hereby given that, pursuant to s.
253.12 (3) (a), Stats., the Department of Health and Family Services will hold a public hearing to consider the repeal and recreation of ch.
HFS 116, Wis. Admin. Code, relating to a birth defect prevention and surveillance system.
Hearing Date, Time and Location
The public hearing will be held:
November 6, 2002 Conference Room 751
Wednesday State Office Building
From 2:00 p.m. to 4:00 p.m. 1 West Wilson Street
MADISON, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
Beginning in 1989, the Department of Health and Family Services administered a program that collects, analyzes and disseminates information about adverse neonatal outcomes, birth defects, developmental disabilities and other severe disabilities in children from birth to age 6. The program was known as the Birth Defect Outcome and Monitoring Program.
1999 Wisconsin Act 114, enacted on May 8, 2000, replaced the Birth Defect Outcome and Monitoring Program with the Birth Defect Prevention and Surveillance System. The new system has several differences from the previous reporting program:
1. The definitions of reportable conditions under Act 114 differ from the old statute language. A birth defect is defined as a structural deformation, disruption or dysplasia, or an inherited or biochemical disease.
2. Only birth defects in infants and children up to the age of 2 must be reported to the Department.
3. The list of persons who must report a birth defect to the Department is expanded beyond physicians to include pediatric specialty clinics. Hospitals may, but are not required to report birth defects to the Department.
4. The Department becomes responsible for establishing and maintaining an up-to-date registry of birth defects that have occurred in Wisconsin in the previous 10 years.
5. A new entity known as the Council on Birth Defect Prevention and Surveillance is created for the purpose of making recommendations to the Department regarding the establishment of the registry, the Department's administrative rules and the content of the reports required from medical care providers. Beginning in April 2002, the Council is to biennially report to the legislature on the utilization and progress of the registry.
1999 Wisconsin Act 114 maintains the preexisting mechanisms that ensure the confidentiality of data by requiring parental or guardian written consent before reporting an infant's or a child's name and address or releasing an infant's or a child's name and address.
Contact Person
To find out more about the hearing, or to comment on the proposed rule, please write or phone:
Sally Meyer
Division of Public Health
Family Health Section
P.O. Box 265
Madison, WI 53701-2569
Ph. 608-267-9510 or, if you are hearing impaired, 1-800-947-3524 (TTY)
Fax 608-267-3824
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 Wednesday, November 13, 2002, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
The rule will not result in additional workload. Therefore, there is no cost to the state resulting from these rule changes.
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
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting s.
Ins 3.39, Wis. Adm. Code, relating to Medicare supplement insurance.
Hearing Information
Date: November 7, 2002
Time: 10:30 a.m.
or as soon thereafter as the matter may be reached
Place: Room 23, OCI,
121 East Wilson St.
Madison, WI
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 14 days following the date of the hearing. Written comments should be addressed to: Julie E. Walsh, OCI, PO Box 7873, Madison WI 53707
Summary of Fiscal Estimate
There will be no state or local government fiscal effect.
Analysis Prepared by the Office of the Commissioner of Insurance
Due to changes in federal law as a result of the Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act (“BIPA"), amendments are necessary in order that Wisconsin Medicare supplement insurance regulation is in compliance with the national association of insurance commissioners (“NAIC") Medicare supplement insurance minimum standards model act modifications.
Under the previous federal law and model act a potential timing gap was created such that persons who were provided notice of cessation or termination of employee welfare benefit plans in excess of 63 days were put in an untenable position of withdrawing early from the employee welfare benefit plan that may have attractive insurance features (such as more comprehensive coverage) and switch to the Medigap policy so not to risk losing their guaranteed issue rights as they are unable to simultaneously keep a Medigap application current or delay the effective date of the policy beyond the 63 day window. The modifications to BIPA and the NAIC model act, and regulation and as reflected in the changes made to s. INS 3.39, altered time periods to provide the broadest application of when and how the guaranteed issue period is triggered and calculated for eligible persons as defined within s.
Ins 3.39 (34) (b) to alleviate most of the potential problems.
Specifically, s.
Ins 3.39 (34) (c), as newly created, provides that the guaranteed issue period for persons enrolled in an employee welfare benefit plan begins on the later of two dates; the date the individual receives a notice of termination or cessation of all supplemental health benefits and ends 63 days after the date of termination of the coverage. Or, if the individual was not directly notified, the date the individual received notice that a claim has been denied because the plan terminated or ceased offering insurance and ends 63 days after the date of the actual notice of the denied claim.
Section Ins 3.39 (34) (b), describes several additional distinct groups of persons who may be eligible for guaranteed issue of Medicare supplement or Medigap coverage. Several subsections within s. Ins 3.39 (34) (b) were modified slightly without significant changes. Modifications made to s. Ins 3.39 (34) (c) reference the different groups of eligible persons and specific situations that then trigger guaranteed issue rights and provides time periods specific to each situation.
Modifications were also made for extended Medicare supplement insurance guaranteed issue as a result of interrupted trial periods. Section Ins 3.39 (34) (d), describes the circumstances of how and when such an extension is applicable for eligible persons who had a Medicare supplement policy and subsequently enrolled, for the first time, in a Medicare + Choice or other described plan under s. Ins 3.39 (34) (b) 5. and 6., the manner in which the guaranteed issue period of time will be treated.
Other modifications made in this proposed rule include clarification of eligible expenses that are to include outpatient services paid under the prospective payment system and correcting references to Medicare supplement insurance and federal provisions.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Contact Person
