NOTICE IS HEREBY GIVEN that, pursuant to s. 227.11 (2) (a), Stats., the Department of Health and Family Services will hold a public hearing to consider proposed permanent rules to repeal, renumber, renumber and amend, amend, repeal and recreate and create provisions, relating to a variety of Wis. Adm. Code chapters administered by the Department.
Hearing Information
The public hearing will be held:
Date & Time   Location
July 21, 2003   State Office Building
Monday   1 W. Wilson St.
1:00 PM to 3:00 PM   Madison, WI
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
This proposed rulemaking order contains a variety of minor revisions to the Department's administrative rules, which were previously published in the Wisconsin Administrative Register, No. 569, published on May 14, 2003. These revisions have little substantive effect on those regulated by the rules. The Department is issuing these changes in a single order to conserve limited agency resources while making necessary updates and improvements in the Department's body of administrative code.
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:
http://www.dhfs.state.wi.us/News/Rules/Proposed_ Final_
Rules/Proposed_Rule_Index.htm.
To find out more about the hearing, or to comment on the proposed rule, please write or phone:
Larry Hartzke
Office of Legal Counsel
P.O. Box 7850
Madison, WI 53707-7850
608-267-2943
hartzlr@dhfs.state.wi.us
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, July 23, 2003, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
The Department's proposed changes will not have a fiscal effect.
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
Health and Family Services
(Health, Chs. HFS 110—)
NOTICE IS HEREBY GIVEN that, pursuant to s. 149.143 (2) and (3), Stats., the Department of Health and Family Services will hold a public hearing to consider the amendment of ss. HFS 119.07 (6) (b) to (d) and 119.15 (2) and (3), Wis. Admin. Code, relating to operation of the Health Insurance Risk-Sharing Plan (HIRSP) and the emergency administrative rules taking effect on the same subject on July 1, 2003.
Hearing Information
The date, time and location of the public hearing is:
July 15, 2003     Conference Room 372
Tuesday     State Office Building
Beginning at 1:00 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 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
The State of Wisconsin in 1981 established a Health Insurance Risk-Sharing Plan (HIRSP) for the purpose of making health insurance coverage available to medically uninsured residents of the state. HIRSP offers different types of medical care coverage plans for residents. According to state law, HIRSP policyholder premium rates must fund sixty percent of plan costs. The remaining funding for HIRSP is to be provided by insurer assessments and adjustments to provider payment rates, in co-equal twenty percent amounts.
One type of medical coverage provided by HIRSP is the Major Medical Plan. This type of coverage is called Plan 1. Eighty-nine percent of the 16,445 HIRSP policies in effect in March 2003, were of the Plan 1 type. Plan 1 has Option A ($1,000 deductible) or Option B ($2,500 deductible). The rates for Plan 1 contained in this rulemaking order increase an average of 10.6% for policyholders not receiving a premium reduction. The average rate increase for policyholders receiving a premium reduction is 18.5%. Rate increases for individual policyholders within Plan 1 range from 5.4% to 20.9%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. Plan 1 rate increases reflect general and industry-wide premium increases and take into account the increase in costs associated with Plan 1 claims.
A second type of medical coverage provided by HIRSP is for persons eligible for Medicare. This type of coverage is called Plan 2. Plan 2 has a $500 deductible. Eleven percent of the 16,445 HIRSP policies in effect in March 2003, were of the Plan 2 type. The rate increases for Plan 2 contained in this rulemaking order increase an average of 15.6% for policyholders not receiving a premium reduction. The average rate increase for policyholders receiving a premium reduction is 23.8%. Rate increases for individual policyholders within Plan 2 range from 9.9% to 26.5%, depending on a policyholder's age, gender, household income and zone of residence within Wisconsin. Plan 2 rate increases reflect general and industry-wide cost increases and take into account the increase in costs associated with Plan 2 claims. Plan 2 premiums are also set in accordance with the authority and requirements set out in s. 149.14 (5m), Stats.
The Department amends ch. HFS 119 in order to update HIRSP premium rates in accordance with the authority and requirements set out in s. 149.143 (2) (a), Stats. The Department is required to set premium rates by rule. HIRSP premium rates must be calculated in accordance with generally accepted actuarial principles.
The Department is also increasing total HIRSP insurer assessments and reducing provider payment rates, in accordance with the authority and requirements set out in s. 149.143 (2) (a) 3. and 4., Stats. With the approval of the HIRSP Board of Governors and as required by statute, the Department reconciled total costs for the HIRSP program for calendar year 2002. The Board of Governors approved a methodology that reconciles the most recent calendar year actual HIRSP program costs, policyholder premiums, insurance assessments and health care provider contributions collected with the statutorily required funding formula.
By statute, the adjustments for the calendar year are to be applied to the next plan year budget beginning July 1, 2003. The total annual contribution to the HIRSP budget provided by an assessment on insurers is $35,444,109. The total annual contribution to the HIRSP budget provided by an adjustment to the provider payment rates is $39,170,353. On April 9, 2003, the HIRSP Board of Governors approved the calendar year 2002 reconciliation process. On May 19, 2003 the Board approved the HIRSP budget for the plan year July 1, 2003 through June 30, 2004.
Identical emergency rules will be published to take effect on July 1, 2003.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write or phone:
Randy McElhose
Division of Health Care Financing
P.O. Box 309, Room B274
Madison, WI 53701-0309
(608) 267-7127 or, if you are hearing impaired, (608) 266-1511 (TTY)
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 rules received at the above address no later than July 23, 2003 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
These rules update HIRSP policyholder premium rates effective July 1, 2003. They also update HIRSP insurer assessments and provider payment rates for the 12-month period beginning July 1, 2003. These updates are being performed to reflect changing HIRSP costs, and in accordance with a statute-specified methodology, in order to offset upcoming program costs. Annual fiscal updates to the HIRSP rules generally take effect in July each year. The fiscal updates contained in these rules were developed by an independent actuarial firm and reviewed and approved by the HIRSP Board of Governors. By law, the Board is a diverse body composed of consumers, insurers, health care providers, small business and other affected parties.
It is estimated that the proposed changes will increase HIRSP program revenues by $59,413,694 in State Fiscal Year 2004, compared to State Fiscal Year 2003. This amount is comprised of an increase of $9,440,804 in insurer assessments, an increased adjustment (levy) of $14,420,175 to provider payment rates, and an increase of $35,552,715 in policyholder premiums. These rule changes will not, by themselves, affect the expenditures or revenues of local government. There is no local government involvement in the administration of HIRSP.
These adjustments to the policyholder premiums, provider payment rates and insurer assessments are proposed to occur July 1, 2003 as the result of a routine, annual update of HIRSP rules. A similar, budget-based update of HIRSP rules has occurred each and every state fiscal year since 1998. Policyholder premiums will be adjusted as new HIRSP policies are initiated or renewed.
Initial Regulatory Flexibility Analysis
The rule changes will affect HIRSP policyholders, the Department of Health and Family Services and the Department's fiscal agent. The rule changes will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. Although the program statutes and rules provide for the assessment of insurers to help finance HIRSP, no assessed insurer is a small business as defined in s. 227.114 (1) (a), Stats. Moreover, s. 149.143, Stats., prescribes how the amount of an insurer's assessment to help finance HIRSP is to be determined and, similarly, how the health care provider payment rate is to be calculated.
Notice of Hearing
Insurance
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., the Office of the Commissioner of Insurance will hold a public hearing to consider the adoption of a rule affecting s. Ins 8.49, Wis. Adm. Code, relating to small employer uniform employee application.
Hearing Information
Date:   July 11, 2003
Time:   9:30 a.m., or as soon thereafter as the
  matter may be reached
Place:   Room 227, OCI
  125 South Webster Street
  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.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The intended effect of the rule will be to reduce use of employee time for completion of application materials that should result in a cost savings to the small employers. There should be no fiscal increase incurred by small employers.
Fiscal Estimate
There will be no state or local government fiscal effect.
Contact Person
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting:
Inger Williams, Services Section
Office of the Commissioner of Insurance
at (608) 264-8110 or at

121 East Wilson Street
PO Box 7873
Madison WI 53707-7873.
Jun/16/03 1:24 A24/P24
Analysis prepared by the Office of the Commissioner of Insurance
Statutory authority: Sections 601.41 (3), 601.41 (8), 635.10, Stats.
Statutes interpreted: Sections 635.10, Stats.
In accordance with ss. 601.41 (8) and 635.10, Stats., the Office is statutorily required to develop a rule and the uniform employee application for group health insurance that is to be used by small employer insurers for small employer applicants. In compliance with s. 601.41(8), Stats., the Office, with consultation of the life and disability advisory council, convened a taskforce with representatives of small employers, licensed intermediaries and small employer insurers to obtain information relating to a proposed uniform employee application form. The taskforce made recommendations to the Office for its consideration in the development of the small employer uniform employee application.
The intent of the legislation was two-fold; to reduce the number of forms employees were required to complete when a small employer applied for group health insurance and permits small employers to seek multiple premiums from different small employer insurers with one form. Having a uniform employee application that could be used to obtain multiple premiums also has the benefit of decreasing the amount of time spent by the small employer in obtaining the premium information since the form may be photocopied and submitted simultaneously to several insurers.
To address the concerns of the small employers, licensed intermediaries and small employer insurers, the Office, in addition to drafting the uniform employee application, also drafted the rule governing the use and management of the application process. The proposed regulations establishes the following: photocopies of the form shall be accepted as though it were an original; duration for use of the information contained within the application form; and, requires small employer insurers to share the photocopied forms, in accordance with the applicant's authorization, with other named insurers within 5 business days as requested in writing by the small employer. The intent is to facilitate a timely exchange of the applications so that the small employer is able to receive the premium amount necessary to make an informed decision regarding the purchase of group health insurance.
Finally, although the uniform application will be available for use beginning August 1, 2003, in accordance with the statute, the rule permits a 60 day grace period to enable small employer insurers to transition from their individual application forms to the uniform application.
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 (1), Stats., and interpreting s. 457.12, 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 13.01 (1), (2) (intro.), and (a) to (c); and to create s. MSPW 13.01 (3) and (4), relating to the National Counselor Mental Health Certification Examining Board.
Hearing Date, Time and Location
Date:   Wednesday July 30, 2003
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, Wisconsin
Appearances at the Hearing
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