Statutory authority
Explanation of agency authority
In accordance with s.
601.41 (10), Stats., the commissioner is required to prescribe by rule uniform questions and format of an application that is to be exclusively used by insurers authorized to offer individual major medical health insurance coverage. Further the commissioner has rule-making authority pursuant to s.
601.41 (3), Stats.
Related statutes or rules
Section
601.41 (8), Stats., authorized the commissioner to develop a uniform application for health insurance to be used in the small employer market. Section
Ins 8.49, Wis. Adm. Code implemented the requirement for development of the uniform application for small employers. The commissioner used portions of the small employer application that is applicable to the individual health insurance application.
Plain language analysis and summary of proposed rule
The proposed rule was developed with the assistance of an advisory council charged with developing the uniform application questions and format to be used exclusively in the individual major medical health insurance market. The advisory council met six times between October 2009 and June 2010. The council members included intermediaries, public members, consumer advocates and representatives from the insurance industry.
As charged, the council recommended the proposed uniform application questions and format after reviewing applications used in the state for individual major medical health insurance and the model utilized by the State of Oregon.
The proposed rule requires insurers to develop policies and procedures to implement the new individual uniform application, restricts modifications, prescribes how the individual uniform application can be used when completed using internet access to the insurer or when the application is completed via telephone. The proposed rule prohibits insurers from automatically completing portion in the electronic version based on responses to various questions but does allow the insurer to rearrange the sequence as pull-down questions provided the printed form is in the required format as contained in Appendix 1.
Appendix 1 is the individual uniform application that once applicable, contains the only questions and format that can be used by insurers offering individual major medical health insurance.
Insurers will be permitted to add as separate forms that describe additional terms of the policy such as coinsurance, copayment and deductibles, payment mode, network selection. Additionally insurers will be permitted to add as a separate form the authorizations necessary to be compliant with Health Insurance Portability Accountability Act of 1996 (HIPAA) P.L.
104-191.
Comparison with federal regulations
There is no existing or proposed federal regulation related to uniform questions and format of an application for individual health insurance. Recently, the federal government passed P.L.
111-148 and P.L.
111-152, federal health care reform, that will place restrictions on individual health insurance products but the laws do not prescribe uniform questions and format for individual health insurance.
Comparison of similar rules in adjacent states
Iowa:
None as to the uniform questions and format for individual health insurance.
Illinois:
Recently enacted Public Act 95-857, requiring the development and use of uniform health applications for small group and individual health insurance. The applications are to be used beginning January 1, 2011. The applications are still being developed by the state.
Minnesota:
None as to the uniform questions and format for individual health insurance.
Michigan:
None as to the uniform questions and format for individual health insurance.
Summary of factual data and analytical methodologies
The commissioner in working with the advisory council sought the greatest common factor among insurers as to their current application and underwriting process to minimize changes that insurers will need to make to their underwriting process.
Analysis and supporting documentation used to determine rule's effect on small businesses
There are no insurers that offer health insurance that qualify as small businesses in accordance with s.
227.114 (1), Wis. Stats. Intermediaries that solicit individual health insurance will be required to use the new form but since it is available at no cost from the office, the effect will be minimal.
Private Sector Fiscal Impact
There will be no significant fiscal effect on the private sector as the proposed rules will assist individuals by utilizing one form when applying for individual major medical health insurance.
Small Business Fiscal Impact
This rule will necessitate the use of the uniform questions and format for application for individual health insurance; however the effect is not significant.
The initial regulatory flexibility analysis is as follows:
Initial regulatory flexibility analysis
Types of small businesses affected:
Insurance agents and intermediaries.
Description of reporting and bookkeeping procedures required:
None. No additional bookkeeping or reporting requirements other than are currently required.
Description of professional skills required:
None. No other professional skills other than are currently required.
Small business regulatory coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Inger Williams, OCI
Public Information and Communications
Phone: (608) 264-8110
Address: 125 South Webster St – 2nd Floor
Madison WI 53703-3474
Mail: PO Box 7873, Madison, WI 53707-7873
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-04-08)
NOTICE IS HEREBY GIVEN that pursuant to ss.
27.01 and
29.089, Stats., the Department of Natural Resources will hold a public hearing on revisions to Chapters
NR 10 and
45, Wis. Adm. Code, relating to hunting on department-owned portions of the State Ice Age Trail area. State Ice Age trail area properties and other trails fall under the definition of state parks. Under s.
29.089, Stats., hunting is prohibited in state parks unless authorized by rule. The authority proposed in this rule is necessary in order for hunting to continue on areas where it has been an accepted activity. This proposal would let the department authorize hunting on newly purchased property, without writing individual rules, after considering factors to determine the suitability of that activity. The proposal does not require that hunting be allowed. This rule change gives the department the ability to be significantly more responsive in managing hunting at State Ice Age trail areas.
The rule establishes that hunting may occur during any season established by the department, or that it may occur only during certain deer seasons or at certain times of the year. This proposal clarifies that hunting may be allowed on a portion or all of an Ice Age Trail area property. When new lands are purchased, these decisions will be made upon purchase and evaluated again as part of the master planning process established by administrative rule.
In state parks, possession of loaded or uncased firearms is illegal where hunting is not allowed. This rule creates and exception for crossing, by the shortest route possible, the traveled portion of a trail in a State Ice Age trail area.
Hearings were previously held on this rule order in Fitchburg, Wausau, and Milwaukee. Following those hearings, this proposal has been revised so that it no longer specifically lists unique plant or animal communities, usership patterns, or public safety as criteria to consider when a decision is made to allow hunting. Under the current proposal, considerations to be made are; the size, shape and location of the property as well as surrounding land uses, location of the property adjacent to other lands open to hunting, and the proximity of the trail property to areas developed for residences. As amended, the proposal no longer specifies that an area is open to hunting unless it is posted as closed to hunting.
Hearing Information
The hearing will begin at 6:00 p.m. on the following date at the following location:
July 12, 2010 Glacier Room
DNR South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Submittal of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted by email to
scott.loomans@wisconsin.gov Comments may be submitted until July 14, 2010. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Loomans.
Small Business Impact
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Impact
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Agency Contact Person
Scott Loomans
Phone: (608) 267-2452
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-21-10)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.041,
29.197 and
227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter
NR 10, Wis. Adm. Code, relating to the 2010 migratory game bird seasons and waterfowl hunting zones.
Season dates and bag limits will be set for ducks and Canada geese. Under international treaty and federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service regulatory process. Because of the timing of Wisconsin's rule process and the U.S. Fish and Wildlife Service rule process, the actual season lengths, dates and bag limits cannot be determined at this time for much of the rule. The daily bag limit for ducks is expected to be 6 ducks including not more than 4 mallards, of which only one may be a hen, one black duck, one pintail, one canvasback, 3 wood ducks, two scaup, and 2 redheads. Season lengths for Canada geese are expected to be: Collins Zone – 66 days; Horicon Zone – 92 days; Exterior Zone – 85 days; and Mississippi River Subzone – 85 days.
There would be two time periods for hunting Canada geese in the Horicon Zone and three time periods in the Collins Zone.
Hearing Information
The hearings will begin at 7:00 p.m. at each of the following locations:
