The public hearing sites are fully accessible to people with disabilities. Parking for people with disabilities for both locations is available in nearby parking ramps.
Analysis Prepared by the Department of Health & Social Services
The Budget Act, 1995 Wis. Act 27 created s. 49.45 (39), Stats., which requires the Department of Health and Social Services to reimburse school districts and Cooperative Educational Service Agencies (CESAs) for Medical Assistance school-based services. This rulemaking order describes the covered services: speech, language, audiology and hearing services; occupational therapy; physical therapy; nursing services; psychological services, counseling and social work; developmental testing and assessments; transportation; and certain durable medical equipment. The order also explains the record-keeping collaboration with other health care providers required of school-based service providers.
Contact Person
To find out more about the hearings or to request a copy of the rules, phone or write:
Anna Degelau, 608-266-5635
or, if you are hearing-impaired,
608-266-1511 (TDD)
Bureau of Health Care Financing
P.O. Box 309
Madison, WI 53707
If you are hearing- or visually-impaired, do not speak English, or have other personal circumstances which might make communication at a public hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the public hearing document, contact the person 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 public hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than July 8, 1996, will receive the same consideration as testimony presented at a public hearing.
Fiscal Estimate
The 1995-97 Budget Act, 1995 Wis. Act 27, added school medical services as a covered benefit under the Medical Assistance program. These are rules to implement the new covered benefit.
Under the rules, school districts and CESAs are identified as MA-certified providers of school-based medical services to students who are eligible for MA. These rules specify the covered services, record-keeping requirements and requirements for coordinating service provision with MA-assigned health maintenance organizations and MA fee-for-service providers serving the same children.
School districts and CESAs are not required under s. 49.45(39), Stats., as related by Act 27, or by these rules to provide school-based medical services to certain students, but if they do and if the students are MA-eligible, they can claim reimbursement from the Department for part of the costs of the services.
These rules will not affect the expenditures or revenues of state government or local governments. All costs were considered by the Legislature when school medical services were made a covered MA benefit.
Initial Regulatory Flexibility Analysis
These rules apply to school districts and CESAs. They will not directly affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
Notice of Hearing
Industry, Labor & Human Relations
(Fire Prevention, Ch. ILHR 14)
Notice is given that pursuant to ss. 101.02 (1) and (15) (h) to (j) and 101.14, Stats., the Department of Industry, Labor and Human Relations proposes to hold a public hearing to consider the revision of ch. ILHR 14, Wis. Adm. Code, relating to the inspection of fire extinguishing systems.
Hearing Information
July 1, 1996   201 E. Washington Ave.
Monday   Room 103, GEF-1
1:00 p.m.   Madison, WI
Analysis
Statutory authority: ss. 101.02 (1) and (15) (h) to (j), and 101.14
Statutes interpreted: ss. 101.02 (1) and (15) (h) to (j), and 101.14
The Division of Safety and Buildings within the Department of Industry, Labor and Human Relations is responsible for adopting and enforcing rules relative to the protection of the life, health, safety and welfare of employes and frequenters in public buildings and places of employment. Section 101.14, Stats., establishes the authority of the department and local fire departments for fire inspections, prevention, detection and suppression in public buildings and places of employment. Chapter ILHR 14, Wis. Adm. Code establishes the rules utilized in making the required fire prevention inspections.
The proposed rules consist of a revision to the requirements relating to the inspection and testing of fire extinguishing systems for food preparation equipment. The revision allows the inspection and testing to be performed by a properly trained person rather than only by a factory-authorized person. This change is consistent with national standards published by the National Fire Protection Association.
The proposed rules also contain corrections of references to national standards adopted in the Wisconsin Commercial Building Code.
The proposed rules have been recommended by the Wisconsin Fire Prevention Council. The members of that citizen advisory committee are as follows:
Name
Representing
Neil Cameron
Wisconsin AFL-CIO
Martin Collins
City of Milwaukee
George Deel
Wisconsin Insurance Alliance
Charles Elliott
Wisconsin Petroleum Council
John Fulcher
Wisconsin State Fire Chiefs Association
Steven Hook
Professional Fire Fighters of Wisconsin
Thomas Jahn
Wisconsin Manufactures & Commerce
Matthew Kerschner
Wisconsin Propane Gas Association
Dallas Millard
Wisconsin State Firefighters Association
Mark Noah
Wisconsin Utilities Association
Robert Vajgrt
Wisconsin Fire Inspectors Association
David Wheaton
Wisconsin Building Inspectors Association
Copies of the Rules
A copy of the rules to be considered may be obtained from the State Department of Industry, Labor and Human Relations, Division of Safety and Buildings, 201 E. Washington Ave., P.O. Box 7969, Madison, WI 53707, by calling (608) 266-9375 or at the appointed time and place the hearing is held.
Written Comments and Contact Person
Interested persons are invited to appear at the hearings and will be afforded the opportunity of making an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, may be submitted no later than July 15, 1996, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Ronald Acker at the address noted above. Written comments will be given the same consideration as testimony presented at the hearings. Persons submitted comments will not receive individual responses.
The hearing is held in an accessible facility. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-9375 or Telecommunication Device for the Deaf (TDD) at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators or materials in audio tape format will, to the fullest extent possible, be made available on request by a person with a disability.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any business that provides inspection and testing services for fire extinguishing systems used in food preparation equipment.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rules require no reporting, bookkeeping or other procedures beyond those required by current rules.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the proposed rules.
Fiscal Estimate
The proposed rules will not affect the administration and enforcement of the fire prevention program. Also, the proposed rules do not contain any new fees or revisions to existing fees. Therefore, no fiscal impact is anticipated as a result of the proposed rules.
Notice of Hearing
Insurance
The Commissioner of Insurance, pursuant to the authority granted under s. 601.41 (3), Stats., and according to the procedures under s. 227.18, Stats., will hold a public hearing in Room 23, 121 East Wilson Street, Madison, Wisconsin, on Tuesday, July 2, 1996, at 10:00 a.m., or as soon thereafter as the matter may be reached, to amend s. Ins 51.75 (2), as renumbered, to renumber s. Ins 14.02; to repeal ch. Ins 14 (title); and to create ch. Ins 51, Wis. Adm. Code, relating to financial standards for insurers.
Summary of Proposed Rule
Statutory authority: ss. 601.41 (3) and 601.42
Statutes interpreted: ss. 601.465, 611.19, 613.19. 628.34 and chs. 623 and 645
This rule adopts supplemental risk based capital and surplus requirements for most insurers doing business in this state. The rule also requires insurers which are insurance service corporations to comply with the same capital, compulsory surplus and security surplus requirements that apply to other insurers engaged in the same type of insurance business in this state.
Risk Based Capital Requirements.
The rule requires a property and casualty, life or health domestic insurer to calculate and report its “risk based capital.” The insurer is required by the rule to maintain capital and surplus that reflects the risk associated with the insurer$s operations relating to certain specified categories such as liabilities and assets. An insurer is required to calculate its “risk based capital” using forms and instructions developed by the National Association of Insurance Commissioners.
The rule establishes four levels of capital and surplus standards. These are the “company action”, “regulatory action”, “ authorized control” and “mandatory control” levels. At each level the rule requires the insurer or OCI to take appropriate action to remedy any financial deficiency.
An insurer which maintains capital and surplus in excess of the company action level is not subject to those requirements. If capital decreases to company action level the insurer must file and follow a plan to correct its condition; at regulatory action level OCI must require the insurer to take corrective action; at the authorized control level OCI must make a determination of whether a formal proceeding should be commenced; and at the mandatory control level OCI must take control of the insurer through legal proceedings. The rule includes only limited exceptions from these requirements.
A domestic insurer is required to by March 1 annually file a risk based capital calculation and report with OCI. OCI may also require non-domestic insurers to file such a report.
An insurer may request a hearing to contest an OCI determination of its level of risk based capital or with respect to a plan submitted by the insurer. The commissioner may keep risk based capital reports confidential. However financial statements from which risk based capital is calculated are public. The use of risk based capital levels of competitors for marketing purposes is prohibited as misleading.
The risk based capital requirements do not apply to a health maintenance organization insurer, limited service health organizations, town mutual insurers, school benefit plans, motor vehicle clubs, fraternal insurers, or to insurance plans administered under the direct supervision of OCI. The risk based capital requirements will apply to insurance service corporations after the commissioner makes a determination that appropriate risk based capital reporting forms and instructions have been developed through the NAIC. The commissioner may by order subject an exempt insurer to the risk based capital requirement. Also, the commissioner may by order exempt any domestic property and casualty insurer which does business only in this state, and no more than $3,000,000 in annual premium, from risk based capital requirements.
Permanent Capital, Compulsory Surplus And Security Surplus Requirements.
This rule supplements, is in addition to, and does not replace the existing capital, compulsory surplus and security surplus requirements which apply to domestic and non-domestic insurers. Also, the procedural rights and process prescribed in the rule for risk based capital apply solely to risk based capital requirements and not to proceedings or determinations made under the existing capital, compulsory surplus or security surplus requirements and not to grounds asserted in a delinquency proceeding.
The rule does apply the existing capital, compulsory surplus and security surplus requirements to insurance service corporations.
The rule is effective on January 1, 1997, and applies to reports for year end calendar year 1996.
Summary of Fiscal Estimate
There will be no state or local government fiscal effect.
Initial Regulatory Flexibility Analysis
This rule may have an impact on insurers which are small businesses. The rule includes exceptions or provisions form exemptions which will be available to small insurers. The professional skills, reporting, and record keeping required to comply with this rule are primarily accounting and actuarial in nature and will not significantly differ from existing requirements.
Contact Person
A copy of the text of the proposed rule and fiscal estimate may be obtained from Meg Gunderson, Services Section, Office of the Commissioner of Insurance, 121 East Wilson Street, P. O. Box 7873, Madison, Wisconsin 53707-7873, (608) 266-0110.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection (CR 95-190):
Ch. ATCP 42 - Relating to commercial feed.
Agriculture, Trade & Consumer Protection (CR 96-15):
Ch. ATCP 99 - Relating to grain warehouse keepers and grain dealers.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.