(2) Registration Renewals. The renewal fee of $100.00 is due before September 1 of each year. The commissioner will send notice of the registration renewal fee by 1
st-class mail at least 60 days prior to the fee due date to each navigator entity at the mailing address on file. The navigator entity shall provide proof of a current bond in compliance with s.
628.92 (5) (a), or evidence of an equivalent coverage alternative subject to the commissioner's prior approval.
(3) Entity Reporting. A navigator entity shall comply with s.
628.92 (4), Stats., by filing with the commissioner the list of individual licensed navigators it employs, supervises or is affiliated with in a manner prescribed by the commissioner. After providing the commissioner with an initial notification of navigators in the application form, the navigator entity shall report any updates to the list of navigators, including additions, deletions or modifications, within 30 days of the addition, deletion or modification to the list of navigators.
(4) Entity Liability. (a) A navigator entity assumes full legal responsibility for the acts of the navigators whom the entity employs, supervises or is formally affiliated with for acts that are performed in this state and that are within the scope of the apparent authority to act as a navigator on behalf of the entity.
(b) The entity shall provide evidence of financial responsibility consistent with s.
628.92 (5) (a), Stats., by submitting the original bond and form to the office in the form prescribed by the commissioner. Alternatively the navigator entity, subject to the commissioner's prior approval, may provide evidence of an equivalent coverage alternative.
Note: A copy of a sample navigator and navigator entity bond form OCI 11-093, required in sub. (5), may be obtained at no cost from the Office of the Commissioner of Insurance at 125 S. Webster Street, Madison WI 53703, or at the Office's web address: oci.wi.gov.
Ins 6.94 Registration of certified application counselors and other nonnavigator assisters. Certified application counselors and other nonnavigator assisters shall be employed or supervised by a registered nonnavigator assister entity, or be affiliated with a registered nonnavigator assister entity. To be registered with a nonnavigator assister entity as a certified application counselor or other nonnavigator assister, the individual is required to comply with all of the following:
(1) Procedure. (a) Certified application counselors and other nonnavigator assisters must be authorized by the exchange to provide consumer assistance and compliant with federal requirements set forth in
45 CFR § 155.225, as amended.
(b) Certified application counselors shall complete 16 hours of prelicensing navigator training, successfully pass a written examination, and annually thereafter complete 8 hours of navigator continuing education training that is approved by the commissioner, in addition to any federal training or other federal requirements. The state training required under this subsection must be approved by the commissioner and provided by an education provider that is approved by the commissioner.
(2) Exception. (a) An agent who holds an active resident license with the accident and health line of authority and is in compliance with continuing education requirements, may apply to be registered as a nonnavigator assister by a nonnavigator assister entity if the currently licensed agent can meet all of the following:
1. Demonstrate compliance as set forth in s.
628.96, Stats., including competence and trustworthiness.
2. Demonstrate satisfactory completion of 4 hours of navigator training specific to public assistance programs, including Medicaid, in addition to the completion of any federally required nonnavigator assister training and compliance with federal restrictions and requirements including those set forth in
45 CFR § 155.225, as amended. The state training required under this subsection must be approved by the commissioner and provided by an education provider that is approved by the commissioner.
(b) A currently licensed agent that is in compliance with par. (a) is exempt from taking prelicensing training and passing the written navigator examination.
(3) Refusal to register nonnavigator assisters. The commissioner may refuse to register a nonnavigator assister for any of the following reasons:
(a) Failing to possess requisite character, integrity, competency and trustworthiness. In addition to the requirements set forth in s.
628.04, Stats., the commissioner may consider the criteria established in s.
Ins 6.92 (3), in assessing trustworthiness and competence.
(b) Commission of any act that would warrant the denial, suspension, or revocation of an insurance license or registration including any of the acts delineated in s.
Ins 6.92 (3).
Ins 6.95 Registration of nonnavigator assister entities. (1) Electronic registration for a nonnavigator assister entity. An entity registering as a nonnavigator assister entity shall provide all of the following information to the commissioner in the form prescribed by the commissioner:
(a) The nonnavigator assister entity's name and current mailing address.
(b) The name and contact information for the nonnavigator assister entity.
(c) The name, business address and type of nonnavigator assister for each nonnavigator assister it employs, supervises or is affiliated with.
(d) An attestation that each nonnavigator assister is in compliance with applicable state law including any nonnavigator assister who is a certified application counselor and who has complied with s.
628.96 (2), Stats.
(e) The nonnavigator assister entity's agreement to provide to the commissioner all supporting documents as requested by the commissioner.
(2) Entity Reporting of Updates. A nonnavigator assister entity shall comply with s.
628.96 (1), Stats., reporting in an electronic format as prescribed by the commissioner, any updates to the list of nonnavigator assisters that the nonnavigator assister entity provided when it first registered with the commissioner, including additions, deletions or modifications. The information shall be provided within 30 days of the addition, deletion or modification to the list of nonnavigator assisters.
(3) Entity Liability. A nonnavigator assister entity assumes legal responsibility, in accordance with s.
628.95 (3), Stat., for the acts of the nonnavigator assisters, on behalf of the entity, that the entity employs, supervises or is formally affiliated with, that are performed in this state and that are within the scope of the apparent authority to act as a nonnavigator assister.
(4) Revocation of Entity Registration. The commissioner may revoke a nonnavigator assister entity registration if the nonnavigator assisters it employs, supervises or is affiliated with, fail to comply with s.
Ins 6.95 (3), or the nonnavigator assister entity fails to comply with any provision contained in this section or by failing to comply with requests of the commissioner.
Ins 6.96 Prohibited business practices. In addition to the prohibited acts contained in s.
628.95 (2), Stats., navigators and nonnavigator assisters are prohibited from all of the following:
(1) Receiving compensation from an insurer, stop-loss insurance or a third-party administrator.
(2) Receiving compensation that is dependent upon, in whole or in part, on whether an individual enrolls in or renews coverage in a health benefit plan.
(3) Providing any information related to enrollment or other insurance products not offered in the federal exchange.
(4) Making or causing to be made false or misleading statements.
(5) Providing advice comparing health benefit plans that may be better or worse for the consumer or employer.
(6) Recommending a particular health benefit plan or insurer or advising consumers or employers regarding a particular insurer or health benefit plan selection.
(7) Engaging in any fraudulent, deceptive or dishonest acts or unfair methods of competition.
(8) Receiving consideration directly or indirectly from any health insurance issuer in connection with the enrollment of individual or employees into a qualified health plan as defined
45 CFR § 155.20, as amended.
6.97 Navigator, nonnavigator assister, navigator entity, and nonnavigator assister entity records. (1) Purpose. This section protects consumers by prescribing minimum standards and techniques of accounting and data handling of navigators, nonnavigator assisters, navigator entities and nonnavigator assister entities to ensure that timely and reliable information will exist, if applicable, and be available to the commissioner. This section implements and interprets ss.
601.42, and
628.34, Stats., by establishing the minimum records that are to be maintained.
(2) Cash disbursed record. The cash disbursed record shall show the name of the party to whom the payment was made, date of payment, and reason for payment.
(3) Cash receipts record. The cash receipts record shall show the name of the party who remitted the money, date of receipt, and reason for payment.
(4) Personnel records. Personnel records shall include dates of employment, supervision or affiliation; position held; description of principal duties; name and last known address and telephone number of employee, supervisee or affiliated person.
(5) Recordkeeping requirements. Beginning October 1, 2013, each navigator, nonnavigator assister, navigator entity or nonnavigator assister entity shall maintain, for at least a 3-year period, unless a specific period is provided elsewhere, all of the following financial, consumer and employee records, as applicable:
(a) Business checking account.
(b) Cash disbursed records.
(c) Cash receipts records.
(d) Personnel records.
(e) Consumer or policyholder records.
(6) Place of maintaining records. (a) The navigator shall maintain records required by subs. (2) to (5), at the business address of the navigator or the navigator entity, or at another location only if the navigator provides written notice of the other location to the commissioner of insurance.
(b) The nonnavigator assister shall maintain records required by subs. (2) to (5), at the business address of the nonnavigator assister entity or at another location only if the nonnavigator assister entity provides written notice of the other location to the commissioner of insurance.
(7) Updating records. The navigator entities and nonnavigator assister entities shall maintain all financial records, records of compliance with prelicensing training completion, successful passage of the examination and continuing education completion, compliance with federal training and other federal requirements for the navigators and nonnavigator assisters it employs, supervises, or is affiliated with, as applicable for at least 3 years from the transaction of an insurance business.
Ins 6.98 Prohibition of uses of designations. (1) Prohibited uses of designations. It is an unfair and deceptive trade practice under s.
628.34 (12), Stats., for an agent to use terms including “navigator," “navigator entity," “nonnavigator assister," “certified application counselor," and “nonnavigator assister entity," in such a way as to mislead a purchaser or prospective purchaser that the agent has special certification or training in advising or providing services to consumers in connection with the advertising, solicitation, sale, or purchase of a health insurance policy or in the provision of advice as to the advisability of purchasing a health insurance policy, either directly or indirectly, offered in the state either within or outside the exchange. The terms may not be used by an agent who is not licensed as a navigator or registered as a nonnavigator assister. The terms may not be used alone or be combined with one or more such terms as “certified," “licensed," “registered," or like words, in the name of the certification or professional designation that appears as a certification or professional designation.
Ins 6.99 Exemption. Governmental entities or any persons acting on behalf of a governmental entity are exempt from subch. II.
SECTION 3.
These changes first apply to navigators, navigator entities, nonnavigator assisters and nonnavigator assister entities on the effective date of the emergency rule.
SECTION 5.
These emergency rule changes will take effect on day of publication as provided in s.
227.24(1)(c), Stats.
Office of the Commissioner of Insurance Private Sector Fiscal Analysis
Section
Ins 6.91 relating to navigators and nonnavigator assisters and affecting small business.
The proposed rule will not have a significant effect on the private sector. With an exemption for governmental entities, there will be no effect on county, city, village, town, school district, technical college district and sewerage districts. Additionally the office will be able to manage any cost associated with maintaining the licensure and registration process without additional state funds being provided to the office during this current biennium.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (C04/2011)
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Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
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ADMINISTRATIVE RULES – FISCAL ESTIMATE
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1. Fiscal Estimate Version
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X Original ⍽ Updated ⍽ Corrected
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2. Administrative Rule Chapter Title and Number
INS 691
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3. Subject
navigators and nonnavigator assisters and affecting small business
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4. State Fiscal Effect:
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X No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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⍽ Increase Costs
⍽ Yes X No May be possible to absorb
within agency's budget.
⍽ Decrease Costs
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5. Fund Sources Affected:
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG
⍽ SEG-S
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6. Affected Ch. 20, Stats. Appropriations:
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7. Local Government Fiscal Effect:
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X No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Revenues
⍽ Decrease Revenues
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⍽ Increase Costs
⍽ Decrease Costs
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8. Local Government Units Affected:
⍽ Towns ⍽ Villages
⍽ Cities ⍽ Counties ⍽ School Districts ⍽ WTCS Districts ⍽ Others: None
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9. Private Sector Fiscal Effect (small businesses only):
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X No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Revenues
⍽ Decrease Revenues
⍽ Yes X No May have significant
economic impact on a
substantial number of
small businesses
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⍽ Increase Costs
⍽ Yes X No May have significant
economic impact on a
substantial number of
small businesses
⍽ Decrease Costs
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10. Types of Small Businesses Affected:
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Individual licensed agents working as a navigator or nonnavigator assister, small organizations that work with consumers, and some surety bond issuers that may be considered a small business.
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11. Fiscal Analysis Summary
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The proposed rule may affect small businesses, however, the Office has taken steps to minimize the impact of the rule by limiting the effect of the regulation to those navigators or nonnavigator assisters who are working on behalf of the federal government. For perspective, the federal government only awarded six navigator grants for the entire state of Wisconsin. There are no restrictions or regulations for governmental entities or persons who work with such entities. These governmental entities currently assist consumers with health insurance and public assistance concerns and will not be impacted by this regulation. By keeping the scope of the proposed rule very narrow, the impact on small businesses is lessened. Further, the proposed rule limited the amount of fees navigator and navigator entities are required to pay annually and did not impose fees on nonnavigator assisters or nonnavigator assister entities other than the cost of prelicensing training and examination costs. The office minimized the impact by establishing less stringent requirements than those imposed on licensed insurance agents and agencies. Further, the office provided, and continues to provide, some free prelicensing training to interested parties and in locations throughout the state in advance of the first open enrollment period. Additionally, the office approved licensed vendors to provide prelicensing training both in-person and on-line to reduce imposition on organizations. Finally the office imposed slightly lower fees than is required for licensed agents.
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12. Long-Range Fiscal Implications
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None.
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13. Name — Prepared by
Julie E. Walsh
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Telephone Number
(608) 264-8101
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Date
Aug. 26, 2013
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14. Name – Analyst Reviewer
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Telephone Number
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Date
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Signature—Secretary or Designee
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Telephone Number
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Date
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Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-05-13)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 and
227.11 (2) (a), Stats., interpreting ss.
29.014, Stats., the Department of Natural Resources will hold public meetings on revisions to Chapter
NR 10, Wis. Adm. Code, related to relating to bobcat hunting and trapping and elk management.
The Department of Natural Resources will hold public hearings at the times and places shown below.
Hearing Information
Date: Tuesday, October 1, 2013
Time: 7:00 p.m.
Location: South Central Region Department of
Natural Resources office
3911 Fish Hatchery Rd.
Fitchburg, WI
Date: Wednesday, October 2, 2013
Time: 7:00 p.m.
Location: Lunda Theater — Middle School Auditorium
1202 Pierce St.
Black River Falls, WI
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 or by searching the keywords “administrative rules" on the department's website. 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 or by email to
scott.loomans@wisconsin.gov. Comments may be submitted until September 30. 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.
Analysis Prepared by the Department of Natural Resources
Plain Language Rule Analysis
This proposal could result in new hunting and trapping opportunities for bobcat in portions of the state where harvest is not allowed under current rules.
This proposal would create a new elk management zone and population goal in an area of the state where elk are not currently found but where a management plan approved by the Natural Resources Board recommends establishing a herd.
Specifically, these rules would:
Section 1 establishes that bobcat hunting and trapping may be allowed statewide instead of only north of State Highway 64.
Section 2 establishes that the elk hunting season begins on the Saturday nearest October 15, instead of September 15, in any open elk management zone.
Section 3 establishes one elk population goal, instead of two, for the Clam Lake elk management zone and establishes a population goal for the newly created Black River elk management zone.
Section 4 establishes that elk tags issued for the Black River elk management zone, in addition to ones issued for Clam Lake, may be designated as valid outside an elk management zone.
Section 5 establishes that the formula for determining the number of bull elk tags to issue applies to new Black River Falls elk management zone as well as the Clam Lake zone.
Section 6 clarifies that the department may establish a bobcat harvest quota in areas where it has not established a population goal.
Section 7 creates new zones where bobcat hunting and trapping may be allowed in the Central, Southwest, and Southeast portions of the state. An alternative approach, to create just one new zone for the remainder of state, will also be a topic of hearings and is described in this rule order.
Section 8 consolidates two existing elk management zones in the Clam Lake area, expands the size of that overall zone, and creates a new Black River elk management zone.
Federal regulatory analysis
These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies.
Comparison with rules in adjacent states
Bobcats are not harvested in Illinois but are present and increasing in number in both states. Michigan hunters and trappers can generally harvest two bobcats per season. Iowa trappers/hunters have a bag and possession limit of one bobcat while Minnesota hunters and trappers have a season limit of five bobcats. The more liberal season frameworks in Michigan, Iowa and Minnesota reflect greater abundance of the species in those states and/or significantly less hunter and trapper interest. Neither state has the long tradition of hunting with hounds that Wisconsin has.
Restored elk populations exist in Michigan and Minnesota and both states hold an annual hunting season. Hunting regulations and management activities in both states are comparable to Wisconsin's activities.
Summary of factual data and analytical methodologies
Bobcat are currently hunted and trapped in one management zone which consists of the area north of Hwy 64. Demand for this opportunity greatly exceeds availability – the department consistently receives more than 12,000 applications for fewer than 500 available permits. Research recently completed has provided us with additional answers about the presence, observed expansion and density of bobcats in areas south of Hwy 64. These findings resulted in a recommendation to allow hunting and trapping in additional areas, which would require these proposed new rules.
This rule proposal will be in anticipation of a decision to hunt and trap bobcats in new areas. Alternative 1 which is being evaluated through this rulemaking process is to establish three new management zones. Alternative 2 is to create one new zone south of the current zone. These rules do not require the department to allow bobcat hunting and trapping in new areas as those activities are still controlled by the establishment of a harvest quota and issuance of permits. However, the department has good information on bobcat populations in central Wisconsin and anticipates a 2014 quota recommendation for this zone as well as the established zone in the north.
