•
Health Insurance Coverage of Adult Dependents. For policies issued after July 1, 2009, Group or individual health insurance policies are permitted to cover unmarried dependents until they reach age 26, regardless of student status and to age 30 for dependents who are veterans and have not been dishonorably discharged. Illinois law Sections 356z.11 and 356z.12.
Iowa:
•
Domestic Partnership Benefits. There are no comparable state-level administrative rules on domestic partnership benefits for state and local government employees. However, Iowa legalized same-sex marriage in April 2009.
•
Health Insurance Coverage of Adult Dependents. Health insurance providers are required to continue to cover unmarried children under their parents' coverage provided that the child 1) is under the age of 25 and a current resident of Iowa, 2) is a full-time student, or 3) has a disability. Iowa Code § 509.3 and Iowa Code § 514E.7.
Michigan:
•
Domestic Partnership Benefits. There are no comparable state-level administrative rules on domestic partnership benefits for state and local government employees. Some municipalities, such as Ann Arbor, have ordinances providing for domestic partner benefits.
•
Health Insurance Coverage of Adult Dependents. There are no comparable administrative rules relating to the expansion of health insurance coverage of adult dependents.
Minnesota:
•
Domestic Partnership Benefits. There are no comparable state-level administrative rules on domestic partnership benefits for state and local government employees. The city of Minneapolis has an ordinance that provides for domestic partner benefits. Minnesota's Governor vetoed a Bill in 2008 for domestic partnership benefits.
•
Health Insurance Coverage of Adult Dependents. Minnesota Chapter 62E.02 defines "dependent" as a spouse or unmarried child under age 25, or a dependent child of any age who is disabled.
Summary of factual data and analytical methodologies
2009 Wisconsin Act 28 created a requirement for ETF to recognize domestic partners who meet the qualifications of a Chapter
40 domestic partnership for the various benefit programs administered by ETF.
2009 Wisconsin Act 28 also mandated the extension of health insurance coverage to adult children to the age of 27 years. These requirements of the Act have been set forth in the newly created rule provision, as directed by the legislature.
Analysis and supporting documents used to determine effect on small business
The rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System.
Small Business Impact
There is no effect on small business.
Fiscal Estimate
The rule will have a minimal fiscal effect in that it will require the creation and processing of new forms used to track new categories of dependents for the various benefit programs administered by the Department. Most of the fiscal effect will be one-time. These costs are anticipated to be insignificant and the Department can absorb these costs within the existing base budget. The rule will not create any additional fiscal impact on any county, city, village, town, school district, technical college district, or sewerage districts. The rule will not create any additional fiscal impact on the state for the current biennium. The rule will not have any fiscal impact on the private sector.
Agency Contact Person
Steve Hurley, Policy Director
Department of Employee Trust Funds
801 W Badger Rd.
Madison, WI 53713-7931
P.O. Box 7931 (use ZIP Code 53707 for PO Box)
Phone: 608-267-2847
Notice of Hearing
Health Services
Management and Technology and Strategic Finance, Chs. DHS 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) and
895.59 (2), Stats., the Department of Health Services will hold a public hearing on proposed permanent rules creating Chapter
DHS 19, relating to discretionary enforcement, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
February 18, 2010
1:00 p.m. - 3:00 p.m.
|
Wilson St. State Office Bldg.
1 W. Wilson Street
Room 638A
Madison, Wisconsin
|
Accessibility
English
DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Rosie Greer at 608-266-1279. You must make your request at least 7 days before the activity.
Spanish
DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con Rosie Greer al número 608-266-1279. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau Rosie Greer ntawm 608-266-1279. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Copies of the Proposed Rule
A copy of the rules may be obtained from the department at no charge by downloading the documents from
www.adminrules.wisconsin.gov or by contacting:
Rosie Greer
Department of Health Services
1 W. Wilson Street, Room 650
Madison, WI 53707
Phone: 608-226-1279
Submission of Written Comments
Comments may be submitted to Rosie Greer listed above, or to the Wisconsin Administrative Rules Website at
www.adminrules.wisconsin.gov until February 18, 2010, 4:30 p.m.
Analysis Prepared by the Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
The rules created under s.
895.59 (2) Stats., are required to include a reduction or waiver of penalties for voluntary disclosure by a small business of actual or potential violations of rules or guidelines. Section
895.59 (2) Stats., further requires that the rule specify when the use of discretion in the enforcement of a rule or guideline against a small business will not be allowed. Section
895.59 (2), Stats., includes a list of circumstances under which discretion is not allowed. These circumstances must also be included in the rule. The rules may include consideration of a violator's ability to pay when determining the amount of any monetary penalty, assessment, or surcharge.
Related statute or rule
Plain language analysis
The Department proposes to create a rule consistent with the requirements of s.
895.59, Stats., by indicating when the Department may use discretionary enforcement concerning small businesses and when discretionary enforcement concerning small businesses is prohibited.
Comparison with federal regulations
There appear to be no proposed or existing federal regulations that are intended to address the activities to be regulated by the proposed rule.
Comparison with rules in adjacent states
Illinois:
There appear to be no rules in Illinois that are similar to the proposed rules.
Iowa:
There appear to be no rules in Iowa, that are similar to the proposed rules.
Michigan:
There appear to be no rules in Michigan that are similar to the proposed rules.
Minnesota:
There appear to be no rules in Minnesota that are similar to the proposed rules.
Summary of factual data and analytical methodologies
The Department reviewed statutes that authorize enforcement to determine the limitations if any of whether discretionary enforcement could be used and the extent of that discretion.
Analysis and supporting documents used to determine effect on small business
Entities that may be affected by the proposed rules include the following: Emergency Medical and Ambulance Service Providers; Asbestos & Lead Abatement Providers, Consultants, and Trainers; Hotels and Motels; Bed and Breakfast Establishments; Tourist Rooming Houses; Recreational and Educational Campgrounds; Restaurants (including mobile restaurants); Tattoo and Body Piercing Establishments; Tanning Bed Facilities; Public Pools; Vending Machine Operators; WIC Vendors; persons subject to licensing and regulation under ch.
DHS 157; other entities regulated by the Department's Division of Public Health; and certain Medical Assistance providers regulated by the Department's Division of Health Care Access and Accountability.
Section
895.59, Stats., is applicable only to small businesses that are not covered under ss.
48.685 or
50.065, Stats. Because the rule requires a reduction or waiver of a penalty for voluntary disclosure of a violation, it is likely that the rule will have a positive fiscal effect on those businesses that receive a waiver or reduction.
Small Business Impact
The proposed rules will have a direct impact on a substantial number of small businesses that are not covered under ss.
48.685 or
50.065, Stats. The economic impact on the businesses affected by this rule is indeterminate.
Small business regulatory coordinator
Rosie Greer
Phone: 608-266-1279
Fiscal Estimate
A copy of the full fiscal estimate may be obtained from the department's contact person listed below upon request.
State fiscal effect
None.
Local government fiscal effect
None.
Private sector fiscal effect
