Statutory authority for the rules:
Sections 551.63 (1), 552.13 (2) and 553.58 (1), Stats.
Estimate of the amount of time state employes will spend to develop the rule and other resources necessary to develop the rule:
Estimated time to be spent by state employes = 1 hour. No other resources are necessary.
Funeral Directors Examining Board
Subject:
FD Code - Relating to clarification of administrative rules relating to the practice of funeral directors.
Description of policy issues:
Objective of the rule:
Clarify and update administrative rules. Recommended changes relate to such issues as statutory authority; form, style and placement of provisions in the code; conflicts or duplication of existing rules; the adequacy of references to related statutes, rules and forms; and clarity, grammar, punctuation and use of plain language. Create a provision to address the Americans With Disabilities Act. Also, provisions relating to passing scores of the licensing examinations, examination reviews and dishonest acts by examination candidates will also be amended.
Policy analysis:
The proposed changes focus primarily on the form, placement, clarity, grammar, punctuation, plain language and related issues. Clarify how passing scores on examinations are determined. Create a provision to address the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 445.03 (2) (a), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
20 hours
Health & Family Services
Subject:
Ch. HFS 196 - Relating to regulation of restaurants by the Department of Health and Family Services (DHFS) or by local public health departments designated as agents of DHFS.
Description of policy issues:
Description of objective(s):
1) To update the Department's rules for restaurants to current industry standards as expressed in the U.S. Food and Drug Administration (FDA) Model Food Code, which reflects the most current available science and trends in food safety.
2) To develop standards for restaurants that are the same as those that the Department of Agriculture, Trade and Consumer Protection (DATCP) will apply to retail food establishments, with the potential benefit of restaurants and retail food establishments being licensed by a single state agency rather than the current multiple agencies and licenses.
3) To develop rules that in their construction will parallel those of DATCP for retail food establishments to promote consistent application, interpretation and enforcement of food safety regulations administered by DHFS and DATCP.
Description of policies -- relevant existing policies, proposed new policies and policy alternatives considered:
Chapter HFS 196 provides standards for regulating restaurants, and ch. ATCP 75 provides standards for regulating retail food establishments. Because of the nature of the retail food industry, overlaps in applicability of the standards occur. The revised rules for restaurants will be developed in coordination with DATCP's revision of ch. ATCP 75 so that the two agencies will end up with similar rule requirements, language and interpretation.
Policy alternatives considered included:
a) Allow DATCP and DHFS to act independently to revise their own rules;
b) Consolidate regulation of restaurants and retail food establishments in one or the other agency;
c) Allow local public health agencies to draft their own regulations which would result in different rules for each local public health department area;
d) Develop a single chapter of rules for restaurants and retail food establishments; and
e) Eliminate the regulatory programs.
Statutory authority:
Section 254.74, Stats., gives the Department authority to prescribe rules for restaurants and to enforce those rules for the purpose of protecting public health and safety.
Estimates of staff time and other resources needed to develop the rules:
One FTE for 3 months.
An advisory group consisting of members of the industry and staff of regulatory agencies will be convened to review drafts of the revised rules.
Commissioner of Insurance
Subject:
S. Ins 3.50 (9) (d) - Relating to continuity of access to providers in managed care organizations.
Description of policy issues:
A statement of the objective of the proposed rule:
This rule will address issues related to providing enrollees of managed care organizations continued access to health care providers when those providers terminate their contract with the managed care organization during the term of the enrollees' contract.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Currently there are no rules that protect enrollees' access to certain providers when those providers become unavailable during the enrollees' contract term. This proposed rule will address this issue.
Statutory authority:
SS. 601.41 (3) & 628.34 (12), Stats.
An estimate of the amount of time that state employes will spend to develop the rule and a description of other resources necessary to develop the rule:
80-100 hours.
Commissioner of Insurance
Subject:
Ch. Ins 28 - Relating to continuing education requirements for insurance intermediaries.
Description of policy issues:
A statement of the objective of the proposed rule:
The proposed modifications follow the first reporting period since the implementation of this requirement on January 1, 1996, and are intended to enhance the current program.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
This proposed rule seeks to modify the requirement for some nonresident licensees, to include additional professional designations as recognized programs of study for self-study courses, and to reduce renewal fees for existing courses pursuant to current vendor contract.
Statutory authority:
SS. 601.31 (1) (x) 2 and 628.04 (3), Stats.
An estimate of the amount of time that state employes will spend to develop the rule and a description of other resources necessary to develop the rule:
80 hours.
Commissioner of Insurance
Subject:
S. Ins 3.39 - Relating to changes in the requirements for Medicare supplement policies to conform to recent federal laws.
Description of policy issues:
A statement of the objective of the proposed rule:
To require Medicare+Choice plans conform, as much as possible, to existing Wisconsin standards for Medicare Supplement policies.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Wisconsin has traditionally regulated the requirements for Medicare supplement policies sold. This included Medicare Risk and Medicare Replacement policies. Recent federal changes have created a new class of these policies, Medicare+Choice plans. Wisconsin can either attempt to have these plans conform, as much as possible, to existing standards, or let the federal government regulate these policies.
Statutory authority:
SS. 600.03, 628.34 (12) and 632.81, Stats.
An estimate of the amount of time that state employes will spend to develop the rule and a description of other resources necessary to develop the rule:
It is difficult to estimate the time required, but it will probably be at least 40 hours.
Commissioner of Insurance
Subject:
Ch. Ins 26 - Relating to prelicensing education requirements for insurance intermediaries.
Description of policy issues:
A statement of the objective of the proposed rule:
The proposed rule is required to provide training that is current with existing products and laws relating to insurance.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
This proposed rule seek to modify the course content outlines to remain in line with current policies, terms and concepts of existing insurance products, and to provide training relevant to current insurance laws.
Statutory authority for the rule:
S. 628.04 (3), Stats.
