if you are hearing impaired, (608) 267-9880 (TDD)
Division of Economic Support
P.O. Box 7935
Madison, WI 53707
If you are hearing- or visually-impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact Sue Larsen at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received by Dianne Reynolds at the above address no later than April 23, 1996 will receive the same consideration as testimony presented at the hearing.
Fiscal Estimate
All costs to the Department and local governments for operation of the Pay for Performance demonstration project were included in 1995 Wis. Act 12. There are no additional costs for state government or local governments from promulgation of these rules.
Initial Regulatory Flexibility Analysis
These rules relate to county and tribal administration of a federal-state program. They will not directly impact on small businesses as defined in s. 227.114 (1) (a), Stats.
Insurance, Commissioner of
The Commissioner of Insurance, pursuant to the authority granted under s. 601.41 (3), Stats., and according to the authority granted under s. 227.18, Stats., will hold a public hearing at the time and place indicated below, or as soon thereafter as the matter may be reached, to consider the adoption of a proposed rule-making order affecting s. Ins 17.01, 17.26 and 17.28, Wis. Adm. Code, relating to patients compensation fund and mediation fund fees for fiscal year 1996-97.
Hearing Information
April 18, 1996 Room 188
Thursday 121 East Wilson Street
10:00 a.m. MADISON, WI
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Contact Person
A copy of the text of the proposed rule and fiscal estimate may be obtained from:
Meg Gunderson, (608) 266-0110
Services Section
Office of the Commissioner of Insurance
121 East Wilson St.
P.O. Box 7873
MADISON, WI 53707-7873
The Office of the Commissioner of Insurance and the Board of Governors of the Patients Compensation Fund propose an order to amend s. Ins 17.01 (3) (intro.); to repeal and recreate s. Ins 17.28 (6); and to amend s. Ins 17.26 (4) (a), relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1996, future medical expense attachment point changing from $25,000 to $100,000.
Analysis Prepared by the Office of the Commissioner of Insurance
Statutory authority: ss. 601.41 (3), 655.004, 655.27 (3) (b) and 655.61
Statutes interpreted: ss. 655.27 (3) and 655.015
The Commissioner of Insurance, with the approval of the Board of Governors (Board) of the Patients Compensation Fund (Fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the Fund. This rule establishes those fees for the fiscal year beginning July 1, 1996. These fees represent an overall 10% increase over the fees paid for the current fiscal year. The Board approved this increase at its meeting on February 21, 1996, based on the recommendation of the Board's actuarial and underwriting committee.
The Board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the Director of State Courts. This rule implements the Director's funding level recommendation by establishing mediation panel fees for the next fiscal year at $38.00 for physicians and $3.00 per occupied bed for hospitals, the same as current year fees.
This rule also makes a technical edit in s. Ins 17.26 required by 1995 Wis. Act 10 which pertains to administration of future medical expenses. Act 10 requires fund administration of future medical expenses commencing at the $100,000 level instead of the previous $25,000 level.
Text Of Rule
SECTION 1. Ins 17.01 (3) (intro.) is amended to read:
Ins 17.01 (3) FEE SCHEDULE. The following fee schedule shall be effective July 1, 1995 1996.
SECTION 2. Ins 17.28 (6) is repealed and recreated to read:
Ins 17.28 (6) FEE SCHEDULE. The following fee schedule is in effect from July 1, 1996, to June 30, 1997:
(a) Except as provided in pars. (b) to (g) and (6e), for a physician for whom this state is a principal place of practice:
Class 1 $3,215
Class 2 $6,430
Class 3 $13,825
Class 4 $19,290
(b) For a resident acting within the scope of a residency or fellowship program:
Class 1 $1,608
Class 2 $3,216
Class 3 $6,914
Class 4 $9,648
(c) For a resident practicing part-time outside the scope of a residency or fellowship program:
All classes $1,929
(d) For a medical college of Wisconsin, inc., full-time faculty member:
Class 1 $1,286
Class 2 $2,572
Class 3 $5,530
Class 4 $7,716
(e) For a physician who practices fewer than 500 hours during the fiscal year, limited to office practice and nursing home and house calls, and who does not practice obstetrics or surgery or assist in surgical procedures:
$804
(f) For a physician for whom this state is not a principal place of practice:
Class 1 $1,608
Class 2 $3,216
Class 3 $6,914
Class 4 $9,648
(g) For a nurse anesthetist for whom this state is a principal place of practice:
$824
(h) For a nurse anesthetist for whom this state is not a principal place of practice:
$412
(i) For a hospital:
1. Per occupied bed $203; plus
2. Per 100 outpatient visits during the last calendar year for which totals are available
$10.17
(j) For a nursing home, as described under s. 655.002 (1) (j), Stats., which is wholly owned and operated by a hospital and which has health care liability insurance separate from that of the hospital by which it is owned and operated:
Per occupied bed $38
(k) For a partnership comprised of physicians or nurse anesthetists, organized for the primary purpose of providing the medical services of physicians or nurse anesthetists, whichever of the following is applicable:
1. If the total number of partners and employed physicians and nurse anesthetists is from 2 to 10
$115
2. If the total number of partners and employed physicians and nurse anesthetists is from 11 to 100
$1,150
