Michigan: None
Summary of factual data and analytical methodologies
This proposed rule is based on the NAIC Property and Casualty Actuarial Opinion Model Law. It reflects the experience and recommendations of insurance financial regulators relating to analysis of the subject matter of the currently required actuarial opinion.
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 initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Small mutual insurers.
b. Description of reporting and bookkeeping procedures required: The proposed rule requires filing of a summary of information derived from the already currently required actuarial analysis.
c. Description of professional skills required: The actuarial professional services currently required will also address requirements of the proposed rule.
There are only five mutual insurers that will be subject to the rule that are “small businesses." This is based on an analysis of financial statements filed by property and casualty insurers conducted by the bureau of financial analysis and examination. The assessment of fiscal and economic impact on these insurers is based on bureau of financial analysis and examination professional assessment, and the bureau's past experience in the analysis and examination of actuarial reports and opinions.
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266- 7843 or at email address
Eileen.Mallow@oci.state.wi.us
Fiscal Estimate
The limited fiscal effect of the proposed rule on the insurers will be due to the cost of producing and submitting the Actuarial Opinion Summary. The Actuarial Opinion Summary will illustrate the difference between the insurer's recorded loss and loss adjustment expense reserves and the actuary's point estimates and/or range of reasonable estimates. This information is currently required to be included in the opining actuary's report, so including it in the Actuarial Opinion Summary will not involve significant additional work or expense.
The proposed rule also includes a conditional requirement. If the insurer has a one-year adverse development in excess of 5% of surplus during 3 of the last 5 years, the insurer's actuary must provide commentary. This requirement would not be applicable for most insurers in most years. Where it is applicable the actuary will have already considered the causes of the adverse trend and providing a commentary will not involve any significant additional cost.
Agency Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the WEB sites at:
http://oci.wi.gov/ocirules.htm
or by contacting Inger Williams, OCI Services Section, at:
Phone: (608) 264-8110
Address: 125 South Webster Street
2nd Floor Madison WI 53702
Mail: PO Box 7873, Madison WI 53707-7873
Submission of Comments
The deadline for submitting comments is 4:00 p.m. on the 14th day after the date for the hearing stated in the Notice of Hearing.
Mailing address:
Fred Nepple
Legal Unit - OCI Rule Comment for Rule Ins 5030
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Street address:
Fred Nepple
Legal Unit - OCI Rule Comment for Rule Ins 5030
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53702
Notice of Hearing
Marriage and Family Therapy,
Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
457.03 (2), Stats., and interpreting s.
457.03 (2), Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
MPSW 20.02 (18), relating to recordkeeping by marriage and family therapists, professional counselors and social workers.
Hearing Date, Time and Location
Date: August 2, 2005
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708, or by email to
pamela.haack@drl.state.wi.us. Written comments must be received on or before
August 12, 2005 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Section
MPSW 20.02 (18) requires social workers, marriage and family therapists, and professional counselors to maintain adequate records relating to professional services that they provide to clients. However, this provision does not provide any details as to what should be contained in those records or for how long they need to be maintained. Under this proposal, records must contain five key elements and must be prepared in a timely fashion. In addition, clinical records must be maintained for seven years following the conclusion of treatment.
The current rule specifies a requirement to keep adequate records relating to the service provided to a client; however, there is no specific definition as to the types of records that must be kept, or timeframes for the preparation and retention of client records.
The proposed rule amendment creates a clear recordkeeping requirement of clinical services provided by licensed marriage and family therapists, professional counselors and clinical social workers. The records kept must include: assessment, diagnosis, treatment plan, progress notes and a discharge summary. The reports should be prepared not more than 7 days following client contact and the discharge summary should be prepared promptly upon closure of a client's case. Client case records must be kept for at least 7 years after the final date recorded for service in the record.
The proposed rule change is good because it clarifies the existing recordkeeping rule to better protect the public as well as assist the therapists, counselors and social workers by setting clear expectations and standards for recordkeeping, a standard which was only implied before as “adequate." Small business will only be affected in the sense that recordkeeping is now more clearly defined; however, there should be no fiscal impact as the existing rule already required adequate recordkeeping.
Summary of factual data and analytical methodologies
No study resulting in the collection of factual data was used in reference to this rule-making effort. The primary methodology for revising the rule is the board's ongoing analysis and determination that a rules change is necessary.
Fiscal Estimate
The department estimates that this rule will require staff time in the Division of Enforcement and in the Office of Legal Counsel to receive, investigate and prosecute approximately five complaints annually. The value of these staff's salary and fringe benefits for this work is estimated at $6,206.
The department finds that this rule has no significant fiscal effect on the private sector.
Effect on Small Business
Pursuant to s.
227.114 (1), Stats., these proposed rules will have no significant economic impact on a substantial number of small businesses.
Text of Rule
SECTION 1. MPSW 20.02 (18) is amended to read:
MPSW 20.02 (18) Failing to maintain adequate records relating to services provided a client in the course of a professional relationship. A credential holder providing clinical services to a client shall maintain records documenting an assessment, a diagnosis, a treatment plan, progress notes, and a discharge summary. All clinical records shall be prepared in a timely fashion. Absent exceptional circumstances, clinical records shall be prepared not more than one week following client contact, and a discharge summary shall be prepared promptly following closure of the client's case. Clinical records shall be maintained for at least 7 years after the last service provided, unless otherwise provided by federal law.
Agency Contact Person
Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935.
Telephone: (608) 266-0495.
Submission of Comments
Comments may be submitted to Pamela Haack, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Email pamela.haack@drl. state.wi.us. Comments must be received on or before August 11, 2005, to be included in the record of rule-making proceedings.
Notice of Hearings
Natural Resources
(Environmental Protection-General)
[
CR 05-058]
(reprinted & corrected from 6/30/05 Register)
NOTICE IS HEREBY GIVEN that pursuant to ss.
59.692,
227.11 (2) (a) and
281.31, Stats., interpreting ss.
59.69,
59.692 and
281.31, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 115, Wis. Adm. Code, relating to minimum standards for county shoreland zoning ordinances. The proposed revisions are intended to meet the statutory objectives of the program, while providing certainty and flexibility to counties and property owners. Changes include adding definitions to the rule for clarity; establishing standards for multi-unit residential development, mobile home parks and campgrounds; providing exemptions for certain activities from shoreland setback and shoreland vegetation standards; establishing impervious surface standards; and replacing the “50% rule" for nonconforming structures with a standard based on the size and location of structures. These changes will significantly decrease the number of variances granted by counties, allowing certain activities to be allowed with a simple administrative permit by the county. Substantive changes include:
Language is added to advance the statutory purposes of the program found in s.
281.31 (1), Stats.
Language is added recognizing that this rule only establishes minimum standards for county shoreland zoning ordinances, and counties may adopt more protective regulations to adequately protect local resources.
Language consistent with s.
59.692(7), Stats., is added to clarify how this rule impacts lands annexed or incorporated by cities and villages.
Language clarifying the authority of the town shoreland zoning ordinances is added.
Language clarifying the applicability of ch.
NR 115 in areas under the jurisdiction of ch.
NR 118 is added.
The number of definitions was increased from 13 to 52 to help provide consistency in interpretation of county shoreland zoning ordinances
The requirement for land division review is changed from the creation of “3 or more lots" to the creation of “one or more lots" to ensure that all new lots created meet minimum lot size requirements. This standard was added to protect prospective property owners and ensure that all lots have a buildable area.
If new lots are created that are divided by a stream or river, one side of the lot must meet minimum lot size requirements and density standards. No portion of a lot or parcel divided by a navigable stream may be developed unless that portion of the lot or parcel meets or is combined to meet the minimum lot size requirements and density standards. This provision will ensure that development only takes place on lots or parcels which meet minimum lot size requirements, again safeguarding property owners.
Counties may adopt standards to regulate substandard lots in common ownership.
Minimum lot size and density standards are established for multi-unit residential development, mobile home parks, campgrounds and other types of uses.
Counties may request the approval of an alternative regulation for campgrounds that is different than the minimum standards in ch.
NR 115. Counties utilizing this option must demonstrate how the alternative regulation would achieve the statutory purposes of the program.
Counties are granted the flexibility to regulate keyhole lots.
New lot width measurement is developed which will accommodate irregular shaped lots.
Counties are granted the flexibility to regulate backlots in the shoreland zone.
Outlots may be created as part of a subdivision plat or certified survey map.
Counties may request the approval of standards for alternative forms of development with reduced lot sizes and development densities for planned unit developments, cluster developments, conservation subdivisions, and other similar alternative forms of development if they include, at a minimum, a required shoreland setback of more than 75 feet and a larger primary buffer than is required in s.
NR 115.15 (2).
Language is added to address structures exempted by other state or federal laws from the shoreland setback standards.
Provisions are added to allow counties to exempt 15 types of structures from the shoreland setback, an increase from 3 exempted structures.
The construction of new dry boathouses is prohibited.
Standards are established to qualify a lot for a reduced setback and two methods of calculating the reduced setback are provided. Counties may also request approval of an alternative setback reduction formulate, demonstrating how the alternative is as effective in achieving the purposes of s.
281.31 (1) and
(6), Stats.
Language governing management of shoreland vegetation in the primary shoreland buffer is improved, resulting in a more functional buffer protection habitat and water quality.
Tree and shrubbery pruning is allowed. Removal of trees and shrubs may be allowed if exotic or invasive species, diseased or damaged, or if an imminent safety hazard, but must be replaced.
Provisions are added to allow counties to exempt 7 types of activities from the shoreland vegetation provisions.
A formula to calculate the vegetative buffer mitigation requirements for existing multiple-unit developments was added to proportionately mitigate based on the intensity of the project.
A formula for the width of access corridors is provided, replacing the “30 feet in any 100 feet" provision, which was confusing if a lot had less than 100 feet of frontage.
