The rules do not affect small businesses.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
Summary
DHS will absorb the costs of maintaining and updating registry functions in the organ donor program budget and will provide grant funding to pay for six months .50 FTE LTE in the Department of Transportation to update driver's records. After that time the work is expected to be no more than 2 hours per week and will be absorbed by existing personnel.
The proposed rule would not affect the revenues or costs of local governments.
The proposed rule would not have a fiscal impact on small businesses over and above the costs imposed for the recovery organizations to conduct criminal background checks on employees who access the registry data. Most of these agencies already do so.
A copy of the full fiscal estimate may be obtained from the department's contact person listed below upon request.
State fiscal effect
Increase costs; may be possible to absorb within agency's budget.
Fund sources affected
PRO.
Local government fiscal effect
None.
Private sector fiscal effect
None.
Long-range fiscal implications
None known.
Agency Contact Person
Martha Mallon
1 W. Wilson Street, Rm. 233
Madison, WI 53701
Phone: (608) 261-6854
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN That pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under s.
227.18, Stats., the Office of the Commissioner of Insurance (OCI) will hold a public hearing to consider emergency rules and proposed permanent rules revising section
Ins 3.75, Wis. Adm. Code, relating to continuation of group health insurance policies.
Hearing Information
Date: May 5, 2010
Time: 10:00 a.m., or as soon thereafter as the matter
may be reached
Place: OCI, Room 227
125 South Webster Street, 2nd Floor
Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Robert Luck
Legal Unit — OCI Rule Comment for Rule Ins 375-2
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Robert Luck
Legal Unit - OCI Rule Comment for Rule Ins 375-2
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
Robert Luck
Comments submitted through the Wisconsin Administrative Rule Web site at: http://adminrules. wisconsin.gov on the proposed rule will be considered.
The deadline for submitting comments is 4:00 p.m. on the 14th day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rules
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm or by contacting:
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
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of agency authority
2009 Act 11 specifically permits the commissioner to enact this rule.
Related statutes or rules
Plain language analysis
In December 2009 Congress enacted section 1010 of the federal department of defense appropriations act, 2010 (“DOD Act"). This section extended the federal premium subsidy provided under the American Recovery and Reinvestment Act of 2009, provided for retroactive extension of coverage for a transition period, and required that notice of the extended subsidy and retroactive coverage and premium payment be given to assistance eligible individuals. This rule makes it clear that these rights must also be extended to assistance eligible individuals who are or were eligible for coverage under state law, either under s.
632.897, Stats., or s. INS 3.75, Wisconsin Administrative Code. These rights include the following:
(a)
The DOD Act extended the federal premium reduction eligibility period for two months until February 28, 2010 and increased the maximum period for receiving the subsidy for an additional six months (from nine to 15 months).
(b)
Individuals who had reached the end of the federal reduced premium period before the DOD Act extended it to 15 months will have an extension of their grace period to pay the reduced premium. To continue their coverage they must pay the 35 percent of premium costs by February 17, 2010, or, if later, 30 days after they receive notice of the extension.
(c)
Individuals who ended the federal reduced premium subsidy and paid the full premium may obtain a credit for future months of coverage or a reimbursement of the overpayment.
(d)
Individuals who are assistance eligible individuals on or after October 31, 2009 or who experience a qualifying event on or after that date are entitled to notice, or additional notice, of the extended federal premium subsidy.
(e)
Individuals who are entitled to an extended premium grace period as described in paragraph (b), or a credit or refund for premium paid as described in paragraph (c), are entitled to notice of those rights.
Comparison with federal regulations
The proposed rule parallels the standards enacted by the DOD Act and makes it clear they are applicable to assistance eligible individuals who are or were entitled to coverage under s.
632.897, Stats., or s.
Ins 3.75, Wis. Adm. Code.
Comparison of similar rules in adjacent states
Illinois: None.
Iowa: None.
Michigan: None.
Minnesota: None.
Factual data and analytical methodologies
This proposed rule is based on, and parallels the DOD Act.
Analysis and supporting documentation used to determine rule's effect on small businesses
The rule imposes no substantial requirements on small employers but would allow discontinued employees of small employer who have group insurance the ability to elect continuation of health insurance coverage.
