40 hours.
Insurance
Subject:
S. Ins 8.07 - Relating to changes in the small group insurance market.
S. Ins 18.05 - Relating to creditable coverage for the Health Insurance Risk-Sharing Plan (HIRSP) program.
Description of policy issues:
A statement of the objective of the proposed rule:
Implement changes to existing small group market rules to comply with changes in state and federal law.
Issue new rules describing creditable coverage requirements for the Health Insurance Risk Sharing Plan as required by state and federal law.
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:
Current requirements for small group insurance markets are described in ch. 635, Stats., and ch. Ins 8. 1997 Wis. Act 27 changed the definition of a small group, and changed underwriting restrictions to comply with the Health Insurance Portability and Accountability Act of 1996 (HI PAA). 1997 Wis. Act 27 also eliminated the basic benefit plan described in ch. Ins 8, subch. IV.
Existing individual and group market underwriting and policy renewal requirements are described in ss. Ins 3.13, 3.28, 3.31, 6.51, 6.55, and 6.67. 1997 Wis. Act 27 modified creates new portability and renewability requirements to comply with HIPAA.
Current HIRSP eligibility requirements are described in s. 619.12, Stats., and s. Ins 18.05, Wis. Adm. Code. 1997 Wis. Act 27 changed HIRSP eligibility requirements to make HIRSP an acceptable alternative mechanism under HIPAA and requires the Office of the Commissioner of Insurance to issue rules necessary to implement the changes.
A statement of the statutory authority for the rule:
1997 Wis. Act 27 and s. 601.41 (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--100 hours.
Natural Resources
Subject:
NR Code - Relating to a waiver of slow-no-wake requirement for Lake Tombeau in Walworth County.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
A public hearing will be held to determine if the request by Lake Benedict and Lake Tombeau Lake Management Districts to modify the slow-no-wake requirement is justified. If it is justified, the Department will proceed with the rulemaking process. If the request is not justified, the Department will deny the request.
The action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
Pursuant to s. NR 5.20, the Department is required to hold a public hearing to determine if a rule change is necessary in this situation.
Statutory authority:
S. 30.635, Stats.
Anticipated time commitment:
The anticipated time commitment is 21 hours. One public hearing will be held in December 1997 at Lake Geneva.
Natural Resources
Subject:
Ch. NR 21 - Relating to a re-write of the commercial fishing rules for Wisconsin-Minnesota boundary waters.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
No policy issues identified. Impacted/interested groups include commercial fishers, district attorneys, judges and wardens.
This action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
The proposed changes will simplify enforcement and adopt changes recommended by courts and prosecutors. Chapter NR 21 will be re-organized and some substantive changes made. For example, closed areas will now use well-recognized boundaries such as highway bridges, rather than sloughs (which change with water levels). Changes are proposed to eliminate unnecessary restrictions which were implemented in the past for nonbiological reasons, such as trespass. Finally, the DNR will eliminate current wording which, in some cases, has an exception where the exception also has an exception to the exception.
Statutory authority for the rule:
SS. 29.085, 29.174 and 227.11 (2) (a), Stats.
Anticipated time commitment:
The anticipated time commitment is 88 hours. Hearing(s) will be held in February 1998 along the Mississippi River, to involve commercial fishers.
Natural Resources
Subject:
NR Code - Relating to implementing the new automated license issuance system.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
The 1997-99 biennial budget requires the Department to promulgate rules regarding the issuance of approvals under the new Automated License Issuance System (ALIS), including both parks vehicle admission receipts and hunting, fishing and trapping approvals. The required rules will address:
a) Which agents (DNR, county clerks, and retail agents) are authorized to issue which receipts and approvals;
b) Agent qualifications and requirements;
c) How annual and daily parks vehicle admission receipts will be affixed;
d) Licensee signature requirements, if any, for each approval;
e) Circumstances under which a person may obtain an approval for another person; and
f) How stamps are to be attached or imprinted on the license.
Rules must be effective in conjunction with the 01-01-99 effective date of the ALIS system. Groups impacted include county clerks and local retail agents who choose to become DNR license sales agents and the public, who purchase parks and fish and game approvals.
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
Current manual issuance procedures will be replaced by the new automated licensing system. The ALIS rules will:
Ô Broaden the numbers and types of approvals handled by agents,
Ô Change how hunting and fishing stamps are used,
Ô Amend signature requirements on approvals, and
Ô Define the circumstances under which people may purchase a license on behalf of another individual.
The new administrative rules implementing ALIS will also necessitate a parallel set of revisions to current administrative rules, portions of which will be outdated by the new rule, primarily:
▶ Ch. NR 8 (“Minimum Accounting Standards and Procedures for License Transactions”),
▶ Ch. NR 10 (“Game and Hunting”),
▶ Ch. NR 20 (“Fishing: Inland Waters; Outlying Waters”), and
▶ Ch. NR 45 (“State Parks and State Forests Miscellaneous”).
To the extent that other specialized approvals such as ginseng harvest are issued under the automated system, changes will also be required in:
▶ Ch. NR 19 (“Miscellaneous Fur, Fish, Game and Outdoor Recreation”),
▶ Ch. NR 24 (“Clams”),
▶ Ch. NR 28 (“Wild Plants”),
Statutory authority for the rule:
SS. 27.01 (7) (e), 29.09 (3m) and 29.09 (3r), Stats.
Anticipated time commitment:
The anticipated time commitment is 230 hours. Hearing(s) will be held in April 1998 at locations yet to be determined.
Natural Resources
Subject:
Ch. NR 191 - Relating to developing new rules for adding lake classification projects to ch. NR 191, “Lake Protection Grants”.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
Administrative process, eligibility and project guidance. The recent state budget bill included enabling legislation to create two new categories of grants: Lake Classification Projects and Lake Classification Technical Assistance Projects. The Department is directed to develop rules in order to administer these programs and develop project guidance.
The nature of the amendments will be to establish the administrative procedures similar to those in place for the existing lake grant programs. The legislation specifies that Lake Classification Projects are to be funded at 75% state share, with up to $50,000 per grant. Under these grants, counties are eligible to classify lakes and implement protection and management programs based on their classification. The Department is also directed to provide guidance on the factors to be used in a lake classification project.
Lake Classification Technical Assistance Projects allow up to $200,000 per grant to nonprofit corporations to provide technical and educational assistance in lake classification projects. These grants do not have a specified cost-share limit.
