Chapter HFS 46 – Group Child Care Centers
Proposed rules for ch.
HFS 46 would require directors in a group child care center to obtain additional credit-based education. Currently, there are 2,491 licensed group child care centers that would be affected by this rule change. The proposed changes would require the director of a small child care center licensed to care for 50 or fewer children (currently there are 1,538 small group child care centers licensed in Wisconsin) to obtain one course in the Wisconsin Child Care Administrator Credential from a technical college or university within 1 year after the effective date of the rule. Center directors in large group child care centers licensed to care for 51 or more children (953 currently licensed centers) would be required to complete the 18 - credit Wisconsin Child Care Administrator Credential within 3 years after the effective date of the rule. The Wisconsin Technical College System estimates that the cost of obtaining this credential is $2000 per credential including books and other materials. The T.E.A.C.H. Early Childhood
© - Wisconsin scholarship program administered through the Wisconsin Early Childhood Association under contract with the Department of Workforce Development, is available to students enrolled in the Wisconsin Child Care Administrator Credential. The T.E.A.C.H. Early Childhood
© - Wisconsin scholarship covers 70% of tuition, 75% of books, a travel stipend, up to 15 hours of release time per semester and 75% of the credential fee. The center agrees to provide 20% of tuition, $300 bonus when a contract is completed and up to an additional 15 hours of release time. The scholarship recipient provides 10% of tuition, 25% of the cost of books and 25% of the credential fee. In addition, the scholarship recipient agrees to remain in his/her current position at the center for a year. The T.E.A..C.H. Early Childhood
© - Wisconsin scholarship is open to any person currently working at least 25 hours per week in a licensed or certified child care center.
The proposed changes to ch.
HFS 46, Licensing Rules for Group Child Care Centers would require that center directors obtain additional credit-based training. At most, the Department estimates the cost of the training would be $2000 for the center directors of 953 large group child care centers. Small center directors (1538 programs) would need to complete only 1 course in the Wisconsin Child Care Administrator Credential. Expected cost for one course including books is $350. The T.E.A.C.H. Early Childhood
© – Wisconsin scholarship is available for center director's affected by this new requirement. The scholarship covers 70% of tuition and 75% of books. Centers are expected to cover 20% of tuition and 25% of books leaving 10% of tuition to be covered by the center director. The training required for shaken baby syndrome prevention is included in the courses required for entry-level training, so no additional costs are anticipated. For those new employees who have already met the training requirements, but have not yet had training in shaken baby syndrome prevention, a stand-alone training is available at a cost per person of $10 - $15. This is a one time only cost.
The proposed rules require that all group child care centers using on-premise play space have a permanent boundary protecting the children from any nearby hazards. Typically these boundaries are fences. An additional 1 time only cost for a fence or other boundary will affect less than 2% of the licensed group child care centers. The majority of the group child care centers already have the requisite fencing or other boundary. School-age only programs are not required to have a fence or boundaries. The department estimates this cost to begin at $300 and go upward depending on the type of fencing or boundary chosen by the licensee.
Group Child Care Center estimated annual income:
$520,000 – 1,560,000
Estimated annual income for group child care centers was calculated by assuming an average weekly rate of $200 per child for 52 weeks. The range was determined by estimating an average of 50 children in attendance vs. 150 children in attendance. According to a statistical report from the BRL database, there are 1,090 group child care centers with a capacity of between21 and 50 children and 195 group child care centers with a capacity between 101 and 150 children. (There are 74 group child care centers with a capacity of 151+ children and 448 group child care centers with a capacity of fewer than 21 children)
Reporting requirements for group child care centers have not increased appreciably with the proposed changes.
Proposed changes to ch.
HFS 55, would require training in child and adult Cardiopulmonary Resuscitation (CPR) for all camp counselors, waterfront supervisors and camp directors. CPR training is readily available from a variety of sources at various prices. The rule requires a current certificate of completion. Some certificates are valid for a 2-year period while others are valid for 1 year. The department estimates that 50% of existing camps (38 of 76 camps) already require CPR training for employees. For the remaining 38 camps the cost of providing CPR training might range from approximately $15 - $30 per student depending on who provided the training. These costs could be annual or biennial depending on the type of course chosen.
The proposed changes to ch.
HFS 55, Licensing Rules for Day Camps will require additional hours of pre-camp training which would include training CPR and shaken baby syndrome. The proposed rules will raise the number of pre-camp training hours from 18 to 24. The Department estimates that approximately 38 of the currently licensed 76 camps already require CPR for counselors. The cost of CPR training is estimated to be $15 - $30 per student.
Day camp estimated annual income is $110,000. Day camp estimated annual income was calculated by assuming a $200 weekly rate for 11 weeks with 50 children in attendance.
Increases in reporting requirements for day camps have increased substantially. However the department believes that the additional reporting requirements are necessary to ensure that the health, safety and welfare of children is protected. In most cases, the reports can be made by phone with a follow-up written report that can be submitted electronically. There should be minimal increases to staff time to accommodate the increased reporting requirements.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
There is not expected to be a fiscal impact on state or local revenues or liabilities.
Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or by contacting the person listed below.
Contact Person
Anne Carmody, Child Care Program Specialist
1 W. Wilson St., Room 534
P.O. Box 8916
Madison, WI 53718-8916
608-266-9314
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of a proposed rule affecting chapters Ins 6, 26, and 28, Wis. Adm. Code, relating to licensing for travel insurance.
Hearing Information
Date: November 28, 2007
Time: 10:00 a.m., or as soon thereafter as the
matter may be reached
Place: OCI, Room 227
125 South Webster St. - 2nd Floor
Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Robert Luck
Legal Unit - OCI Rule Comment for Rule Ins 6
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Robert Luck
Legal Unit - OCI Rule Comment for Rule Ins 6
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Email address:
The deadline for submitting comments is 4:00 p.m. on the 14th day after the date for the hearing stated in this Notice of Hearing.
Copy of Rule and Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI Web site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, OCI Services Section, at:
Phone: (608) 264-8110
Address: 125 South Webster St. – 2nd Floor
Madison WI 53702
Mail: PO Box 7873, Madison WI 53707-7873
Analysis Prepared by the Office of the Commissioner Of Insurance (OCI)
Statute interpreted
Statutory authority
Explanation of agency authority
The proposed rule is promulgated under the commissioner's authority to prescribe classifications of intermediaries by kind of authority, or kind of insurance, or in other ways and authority to prescribe different standards of competence, including examinations and educational prerequisites for each class.
Related statutes or rules
None
Plain language analysis
A new limited line license is created for travel insurance. Wisconsin currently has four limited lines of insurance authority: credit, title, legal expense and miscellaneous limited lines insurance. Each limited line has requirements set by the commissioner for testing, prelicensing education and continuing education.
In order to simplify multi-state licensing of insurance producers, Wisconsin and other states, through the National Association of Insurance Commissioners (“NAIC") have committed to make licensing standards more uniform. The NAIC has adopted Uniform Resident Licensing Standards. Included in these standards is a definition for limited line travel insurance. This rule creates a new limited line for travel insurance, adopting the uniform definition approved by the NAIC.
The rule exempts persons holding a travel insurance license from prelicensing education, examination and continuing education requirements. These exemptions are consistent with the NAIC uniform standards.
In addition, the rule revises 2 sections to clearly state the current requirements regarding prelicensing education for Managing General Agents and when prelicensing must be taken.
Comparison with federal regulations
There are no federal regulations which address licensing of travel insurance agents.
Comparison with adjacent states
According to the NAIC, 44 states accept license applications for the limited line of travel insurance.
An independent fifty state review of insurance laws and regulations found that a majority of states have some form of limited line travel license available for resident producers. A number of these states do not provide express authority to issue limited lines travel insurance licenses; however, there are other references to these licenses in the statutes or regulations.
The only states in which express or implied authority to issue limited line travel licenses were not found are as follows: Alabama, District of Columbia, Nebraska, Rhode Island and Wisconsin. The following states do not provide express authority for these licenses but reference the licenses in statutes or regulations which may imply availability: Arkansas, Connecticut (although there is no statutory authority, a bulletin issued by the Connecticut Department of Insurance states that a Travel Limited Line license is available), Iowa (only express authority is for vehicle rental companies), Kansas, Michigan, Montana, North Dakota, Pennsylvania, Texas (offers a specialty license) and West Virginia.
Illinois – Illinois offers limited lines licenses for travel insurance under 215 ILCS 5/500-100.
Iowa – Iowa provides an exception to licensing for travel agents under s. 522B.3(i).
Michigan – Michigan provides a limited Property & Casualty license that covers a variety of products including travel accident and baggage. An exam is required. Chapter
12 Michigan Insurance Code.
Minnesota – An insurance producer may receive qualification for a license in the limited line of “travel baggage insurance." Minn. Ins. Code § 60K.38(1)(c)(4).
Summary of factual data and analytical methodologies
A majority of states have adopted a limited line travel insurance license. The definition used in this rule is consistent with the recommended uniform definition. Without a limited line license in Wisconsin, Wisconsin residents who sell travel insurance in other states cannot obtain nonresident licenses in the other states. Therefore, these individuals are subjected to an additional regulatory burden in order to obtain these licenses in other states. Adoption of this rule will facilitate regulatory compliance in other states for Wisconsin residents.
Analysis and supporting documentation used to determine effect on small businesses
Promulgation of this rule will facilitate Wisconsin-based businesses that offer travel insurance in obtaining non-resident insurance licenses in other states that provide limited line travel insurance licenses. The most efficient method of obtaining a nonresident insurance producer license is to hold a license with the same authority in the producer's state of residence. This allows the producer to apply for nonresident licenses in other states and comply with the licensing requirements of the producer's state of residence.
Initial Regulatory Flexibility Analysis
This rule would have a positive effect on small businesses that offer travel insurance in Wisconsin and other states.
This rule does not impose any additional requirements on small businesses.
