Explanation of agency authority
Section
631.22 (2), Stats., requires insures to provide policies that are coherent, written in commonly understood language, legible, appropriately divided and captioned by its various sections and presented in a meaningful sequence. This proposed rule returns the administrative standards back to requirements previously used.
Related statute or rule
This proposed rule revises the current rules, s.
Ins 6.07, Wis. Adm. Code, governing filing readability and access to electronic versions of policy forms.
Plain language analysis
The proposed rule returns the readability score, Flesch or equivalent, back to 40 across product lines unless other provisions regulate the readability of the policy, i.e. Medicare supplement policy requirements. The proposed rule also repeals requirements related to use of active voice in policy forms, requirement to contain all exclusions and limitations within one section and replaces those provisions with language in place in 2010. Finally the proposed rule repeals the requirement that insurers make available an insured's complete insurance policy and production timeframes. Statutory requirements already exist that require insurers to provide the insured or policyholder a copy of their policy. Although s.
Ins 6.07 (9) provided more detail and delineated process for obtaining copies of policies OCI believes the existing laws are sufficient without further rule.
Comparison with existing or proposed federal regulations
There are no existing or proposed federal regulations that address the topic of this proposed rule.
Comparison with similar rules in adjacent states
Illinois:
Illinois requires products to be readable but does not set a score. Illinois is pending legislative changes to participate in the interstate insurance product regulation compact and for those product lines subject to the compact the Flesch required is 50. Illinois does not have a website notice provision for insureds to access a complete copy of their policy.
Iowa:
Iowa requires products to be readable but does not set a score. Iowa participates in the interstate insurance product regulation compact and for those product lines subject to the compact the Flesch required is 50. Iowa does not have a website notice provision for insureds to access a complete copy of their policy.
Michigan:
Michigan requires forms to achieve a Flesch score of not less than 45 under Mich. Admin. Code s.
500.2236 r. 2003 (1956). Michigan participates in the interstate insurance product regulation compact and for those product lines subject to the compact the Flesch required is 50. Michigan does not have a website notice provision for insureds to access a complete copy of their policy.
Minnesota:
Minnesota requires under Minn. Stat. Ch.
72C, a Flesch score of more than 40 for life and health forms. Minnesota participates in the interstate insurance product regulation compact and for those product lines subject to the compact the Flesch required is 50. Minnesota does not have a website notice provision for insureds to access a complete copy of their policy.
Summary of factual data and analytical methodologies
OCI proposes this rule will ease financial constraints not anticipated with prior rule-making. The OCI has received numerous inquiries regarding implementation and concerns related to cost of implementation. By returning to prior requirements the OCI is able to balance consumer protection and appropriate level of industry oversight without being overly burdensome.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact report
The effect of the proposed rule on small business is positive as it reverts back to prior requirements thereby negating the need to modify existing policies or means of accessing prior copies of an insured's policy.
Effect on Small Business
This rule will have little to no fiscal effect on regulated small businesses as the proposed rule imposes no new requirements and returns all Flesch scores and access requirements back to 2010 standards.
Initial regulatory flexibility analysis
Notice is hereby further given that pursuant to s.
227.114, Stats., the proposed rule may have an effect on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected:
Insurance agents, LSHO, Town Mutuals, Small Insurers, etc.
b. Description of reporting and bookkeeping procedures required:
None beyond those currently required.
c. Description of professional skills required:
None beyond those 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
No State Fiscal Effect.
Local fiscal effect
No local government costs.
Long-range fiscal implications
None.
Private sector fiscal analysis
These changes will not have a significant fiscal effect on the private sector as the proposed rule reverts back to prior requirements thereby imposing no costs on insurers or intermediaries that could be passed on to the private sector.
Agency Contact Person
Inger Williams, OCI Services Section, at:
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
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing, in conjunction with the Sign Language Interpreters Council, will hold a public hearing at the time and place indicated below to consider an emergency order and an order adopting permanent rules to create Chapters
RL 200-
202, governing the professional conduct of individuals licensed as sign language interpreters, and for the treatment of state resident licensure exemption requests.
Hearing Information
Date and Time Location
May 3, 2011 Room 121A
Tueesday 1400 East Washington Avenue
at 9:30 A.M. Madison, WI 53703
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Even if appearing at the hearing in person, you 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, Division of Board Services, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by the date and time of the hearing to be included in the record of rule-making proceedings.
Submittal of Written Comments
Comments may be submitted to Kris Anderson, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 1521, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
kristine1.anderson@wisconsin.gov. Comments must be received on or before May 3, 2011 to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Kris Anderson, Paralegal, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Kristine1.Anderson@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statute(s) interpreted
Statutory authority
Explanation of agency authority
The department is authorized under s.
440.032 (7) Stats., to promulgate rules defining a code of ethics for the professional conduct of individuals licensed under s.
440.032 (3), Stats. The council is authorized under s.
440.032 (6) (d) to promulgate rules establishing a process and criteria for granting exemptions to licensure under s.
440.032 (2) (c) 2.
Plain language analysis
SECTION 1 creates ch.
RL 200, “Authority and Definitions." Section
RL 200.01 identifies the statutory authority under which chapters RL 200 to 202 are adopted. Section
RL 200.02 provides the definitions of “advocate," “conflict of interest," “consumer," “family member," “interpreter," “interpreting situation," “interpreting," and “unlicensed interpreter" as those terms are used in chapters RL 200 to 202.
SECTION 2 creates ch.
RL 201, “Unprofessional Conduct." Section
RL 201.01 sets forth 25 different types of unprofessional conduct that are prohibited for individuals licensed as sign language interpreters.
SECTION 3 creates ch.
RL 202, “State Resident Exemption." Section
RL 202.01 first establishes the criteria for a temporary or permanent licensure exemption under s.
440.032 (2) (c) 2., Stats., which allows the requestor to provide interpreter services either to a specific person, s.
RL 202.01 (1), or for a specific time period, s.
RL 202.01 (2), without a license.
Section
RL 202.01 (3) requires individuals requesting a state resident exemption to submit a written request to the council stating the rationale for the request and providing supporting documentation, if any.
Section
RL 202.01 (4) provides a list of 12 items of information a requestor under subs. (1) must include in his or her exemption request. Section
RL 202.01 (5) provides a list of 11 items of information a requestor under subs. (2) must include in his or her exemption request. Section
RL 202.01 (6) provides three examples of supportive documentation that may be included with an exemption request, if appropriate.
Section
RL 202.01 (7) allows the council to require an individual seeking a state resident exemption to appear before the council to provide further information supporting the request.
Section
RL 202.01 (8) provides that the council may not grant an exemption under subs. (2) to individuals waiting to take a test given by, or for test results from, the National Association for the Deaf, Inc., or for certification by Registry of Interpreters for the Deaf, or for verification by Wisconsin Interpreting and Transliterating Assessment, or for other certification or verification required for licensure under s.
440.032 (3), Stats.
Comparison with existing or proposed federal regulations
There is no existing or proposed federal regulation addressing the practice of sign language interpreting.
Comparison with similar rules in adjacent states
Illinois:
Illinois's Interpreter for the Deaf Licensure Act of 2007 requires the licensure of individuals who provide interpreting or transliterating services to deaf or hard-of-hearing consumers. 225 ILCS 443/15. The Illinois Deaf and Hard of Hearing Commission administers the Act, and has licensing and rule-making authority. 225 ILCS 443/10, 30, 50.
All individuals subject to the Illinois Act must abide by the Act and Code unless specifically exempted by the Act. 68 Illinois Admin. Code 1515.20 The Act exempts from its purview individuals who provide interpreting services in seven (7) specified scenarios. 225 ILCS 443/25 (1)-(7). Subections (1)-(5) describe scenarios that are similar to those for which Wisconsin does not require a license, such as for educational interpreters and in emergency situations. (Wisconsin's general licensure exemptions may be found at ss.
440.032 (2) (b) 1.-
5., Stats.) Subsection (6) of 225 ILCS 443/25 exempts non-residents who are licensed in another jurisdiction, and who either provide interpreting services for not more than 14 days in a calendar year, or who engage in interpreting by teleconference, video conference, or other technological means. Subsection (7) of 225 ILCS 443/25 exempts individuals who provide sign language interpreting services when teleconference, video conference, other technological means, or a licensed Illinois interpreter are unavailable. Illinois law does not otherwise address exemptions for state residents.
225 ILCS 443/ Interpreter for the Deaf Licensure Act of 2007.
Illinois licensees must comply with standards of professional conduct. 68 Illinois Admin. Code 1515.130. The code provides a non-exclusive list of six instances of unprofessional conduct: (1) interpreting beyond the skill level indicated in the interpreter's certification; (2) accepting interpreting assignments the interpreter either should or does know he or she is not competent to perform; (3) interjecting personal opinions during an assignment regarding the assignment; (4) delegating an assignment to an individual, for which that individual is either not qualified or lacks the appropriate certification; (5) extending an assignment solely for financial gain; and (6) taking advantage of, or causing harm to, the person to whom the interpreter is providing services. 68 Illinois Admin. Code 1515.130 (1)-(6). In addition to the six listed standards, the Illinois rules incorporate by reference the NAD-RID Code of Professional Conduct of the Registry of Interpreters for the Deaf. 68 Illinois Admin. Code 1515.130 (b).
Iowa:
In Iowa, no individual may engage in the practice of sign language interpreting without a license from the board of sign language interpreters and transliterators, unless the individual qualifies for one of the licensure exceptions. Iowa Code ss. 147.2(1), 154E.4 (2) (a)-(e). Subections (2) (b)-(e) of s. 154E.4 describe scenarios that are similar to the Wisconsin and Illinois general exemptions. Subsection (2) (a) of Iowa Code s. 154E.4 excepts non-residents who are licensed in another state, and who provide interpreting services for not more than 14 days in a calendar year. Iowa law does not otherwise address exemptions for state residents.
