The State of Wisconsin will be implementing the Wisconsin Partnership Program effective January 1, 2009, the date approved by the federal government in accordance with the Department of Health and Family Services' application for participation. As part of the enabling statute as amended, the state requires that all insurance intermediaries receive specific training prior soliciting any long-term care products on or after January 1, 2009. In order to minimize the impact of the additional training, the proposed rule permits the training, if approved, to qualify for continuing education therefore, intermediaries can meet two training requirements simultaneously. For training to be approved and courses offered prior to January 1, 2009, the office needs to promulgate this rule to provide the guidelines necessary for creation and submission of training programs. Therefore the office must promulgate this rule as an emergency rule.
In addition, in order for insurers to offer products intended to qualify for the Wisconsin partnership program, such products shall be submitted to the office prior to use. The insurers must submit those products sufficiently in advance of January 1, 2009, so that there is time for review by the office and implementation time for the insurers. These changes include modifications to s.
Ins 3.455 including repealing and recreating the applicable definitions and modifying the conversion requirements; modifications to s.
Ins 3.46 including deletion of the blanket exemption for group long-term care products replaced with narrow exceptions, modification to the marketing and advertising requirements with notable new requirements for insurers and intermediaries to submit to OCI marketing and advertisement material prior to use, new group insurance requirements, modifications to the permissive limitations and exclusions, disclosures, replacement requirements, reporting requirements for insurers added regarding suitability; conversion modifications, incontestability and standards for marketing. The appendices to s. Ins 3.46 have also been repealed and recreated and now include several reporting forms for tracking suitability, rescissions, claims denial, replacement and lapses by state to be filed by insurers. As noted above, the major addition to s.
Ins 3.46 is the intermediary training requirement as required by s.
628.348 (1), Stats. Finally, the changes also include a new section, s.
Ins 3.465 and appendices, related to the Wisconsin Partnership Program that is to be available beginning January 1, 2009.
A combined rule hearing will be held for both the emergency and permanent rule on June 16, 2008.
Publication Date:
June 2, 2008
Effective Date:
June 3, 2008
Expiration Date:
October 3, 2008
Hearing Date:
June 16, 2008
Natural Resources
Environmental Protection - General, Chs.
NR 100—
Finding of Emergency
The substantial increase in grant funding is a strong message from the Legislature that concern over the welfare of our public waters is growing, along with the expectation that these additional funds be put to work as soon as possible. The appropriation from which these funds are spent is a biennial appropriation, meaning that any unspent funds at the end of the biennium automatically lapse back to the Water Resources Account of the Conservation Fund. The timeline for permanent rule promulgation and the lack of staff to provide support to eligible sponsors may impede the Department's ability to fully and responsibly invest the authorized spending by the end of the biennium because of the current rule's limitations. An emergency rule will help to minimize or eliminate the amount of funds that are lapsed.
Publication Date:
April 7, 2008
Effective Date:
July 1, 2008
Expiration Date:
November 28, 2008
Pharmacy Examining Board
Finding of Emergency
The Board has made a finding of emergency. The Board finds that failure to have the proposed rules in effect on June 1, 2008, the effective date of the applicable provisions of
2007 Wisconsin Act 20, will create a danger to the public health, safety and welfare, by disrupting the wholesale distribution of prescription drugs in the state of Wisconsin.
Publication Date:
May 29, 2008
Effective Date:
June 1, 2008
Expiration Date:
October 29, 2008
Hearing Date:
July 23, 2008
Public Instruction (4)
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The STEM program under s.
115.28 (46), Stats., was created under
2007 Wisconsin Act 20. The Act became effective October 27, 2007, and appropriated $61,500 annually beginning in the 2007-08 school year. In order for school districts to develop applications and for the department to review the applications and grant awards in time for the program to operate in the second semester of the school year, rules must be in place as soon as possible to establish application criteria and procedures.
Publication Date:
January 30, 2008
Effective Date:
January 30, 2008
Expiration Date:
June 28, 2008
Hearing Dates:
March 18 and 21, 2008
Extension Through:
August 26, 2008
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The 4-year-old kindergarten grant program under s.
115.445, Stats., was created under
2007 Wisconsin Act 20. The Act became effective October 27, 2007, and appropriated $3 million annually beginning in the 2008-09 school year. In order for school districts to develop application criteria and procedures in time for the program to operate in the upcoming school year, rules must be in place as soon as possible.
Publication Date:
February 25, 2008
Effective Date:
February 25, 2008
Expiration Date:
July 24, 2008
Hearing Date:
April 17, 2008
Extension Through:
September 20, 2008
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The new provisions modifying the grants for the national teacher certification program under
2007 Wisconsin Act 20, the biennial budget bill, took effect October 27, 2007. In order to establish the new application criteria and procedures to award grants to eligible applicants in the 2007-08 school year, emergency rules must be in place as soon as possible.
Publication Date:
May 17, 2008
Effective Date:
May 17, 2008
Expiration Date:
October 14, 2008
Hearing Date:
July 23, 2008
Finding of Emergency
The Department of Public Instruction finds that an emergency exists and that the adoption of an emergency rule is necessary for the immediate preservation of the public welfare. The facts constituting the emergency are as follows:
The new provisions under
2007 Wisconsin Act 221 modifying the percentage of the salaries of licensed school nurses, licensed school social workers, licensed school psychologists, and licensed school counselors that are eligible for state aid reimbursement first applies to state aid distributed in the 2008-09 school year. In order to establish instructions this spring as to how school districts are to account for these pupil services staff on special education claim forms, rules must be in place as soon as possible.
Publication Date:
May 30, 2008
Effective Date:
May 30, 2008
Expiration Date:
October 27, 2008
Hearing Date:
July 14, 2008
Regulation and Licensing (2)
Finding of Emergency
The Department of Regulation and Licensing finds that preservation of the public peace, health, safety or welfare necessitates putting the rule amendments into effect prior to the time the amendments would take if the agency complied with the notice, hearing and publication requirements established for rule-making in ch.
227, Stats. The facts warranting adoption of these rule amendments under s.
227.24, Stats., are as follows:
The department reviewed a proposed draft of a modified form of the residential real estate listing contract, WB-1, which contained inserted text that appeared to be or could be construed to be approved by the department. The modified form was forwarded to the department as an example of work product that was purportedly to be the subject of a continuing education class demonstrating the allowed means to modify an approved form. The modified form was shown to industry stakeholders, the department's council on forms, and the Real Estate Board, for review and comment. All parties agreed that the modified form was, or could be, construed to be misleading based upon its formatting that the modified text was approved by the department, when in actuality, it was not. This potential for consumer confusion was agreed to be a cause for immediate rule-making to prevent modification of forms such as WB-1 in the manner submitted.
Publication Date:
April 16, 2008
Effective Date:
April 16, 2008
Expiration Date:
September 13, 2008
Hearing Date:
June 26, 2008
Finding of Emergency
The department has made a finding of emergency. The current rules require an applicant for a clinical substance abuse counselor credential to pass an oral examination. The company that produced that examination is not giving that examination after June 1, 2008. This emergency rule creates a time period for a transition to enable a category of applicants to get a clinical substance abuse counselor credential. Persons holding a clinical substance abuse counselor credential can apply for a supervisory credential. There is a strong need for more supervisors in this field because services can only be provided under supervision. This rule will enable more applicants to receive a supervisor credential and is therefore necessary to maintain the health, safety and welfare of the public.
Publication Date:
June 18, 2008
Effective Date:
June 18, 2008
Expiration Date:
November 15, 2008
Revenue
emergency_rules EmR0820
EmR0820 - Rule adopted creating ss.
Tax 8.03 and 8.05, relating to the registration of wine collectors, establishing standards of eligibility for registration as a wine collector, specifying the form and manner of notice required prior to the sale of wine by a wine collector, and the creation and organization of small winery cooperative wholesalers.
Exemption From Finding of Emergency
The legislature by Section
50 of
2007 Wisconsin Act 85 provides an exemption from a finding of emergency for the adoption of the rule.
Publication Date:
June 26, 2008
Effective Date:
June 26, 2008
Expiration Date:
November 23, 2008
Transportation
Exemption From Finding of Emergency
The Legislature, by
2007 Wisconsin Act 171, Section
6 (2), provides an exemption from a finding of emergency for the adoption of the rule.
Publication Date:
July 1, 2008
Effective Date:
July 1, 2008
Expiration Date:
July 1, 2009 or the date on
which permanent rules
take effect, whichever is
sooner.
Hearing Date:
July 30, 2008
