•
Eligibility criteria, under the headings of need of the child for the kinship care living arrangement, best interests of the child and jurisdictional considerations.
•
The use of waiting lists.
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Reassessment at least annually of a kinship care relative's eligibility.
•
Appeal rights of an applicant who has been denied a kinship care benefit or of a kinship care relative whose benefit has been discontinued following a reassessment.
This order also repeals current ch. HSS 58, Services for Youth Who Are Adjudicated Delinquent, which dates from August 1985 and is no longer in use.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, write, phone or e-mail:
Mark Mitchell
Bureau of Programs and Policies
P. O. Box 8916
Madison, Wisconsin 53708-8916
608-266-2860 or,
if you are hearing impaired,
608-266-7376
If you are hearing or visually impaired, do not speak English, or have 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 the person at the address or phone number shown above. Persons requesting a non-English or sign language interpreter should contact the person at the address or phone number given above 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 at the above address no later than June 22, 1999 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
County departments of social services or human services and tribal child welfare agencies have been authorized since July 1996 under s. 48.57 (3m), (3p) and (3t), Stats., to make a monthly payment of $215, called a kinship care benefit, to an approved non-parent relative of a child to help the relative provide care and maintenance for the child. The statutes were amended in April 1998 to make the Department responsible for administration of the program in Milwaukee County. The statutes were amended again in June 1998 to direct the Department to promulgate rules which set forth criteria for determining the eligibility of a relative to receive the monthly payment.
The program is administered by counties and tribes, and by the Department in Milwaukee County, any of which may contract with a public or private agency to administer all or part of the program.
These are the rules. They will not affect the expenditures or revenues of state government or local governments. The total costs of the monthly payments and the costs of program administration were taken into consideration by the Legislature when the program was authorized. The state pays the costs of the monthly payments, reimbursing counties, tribes and the Department under a sum certain appropriation. The costs of program administration are also borne by state government.
Initial Regulatory Flexibility Analysis
These rules will not directly affect small businesses as “small business" is defined in s. 227.114(1)(a), Stats. The rules apply to the persons applying for kinship care benefits, to relatives who are receiving those benefits on behalf of children residing with them, to county departments and tribal child welfare agencies administering the kinship care program, to the department as it administers the kinship care program in Milwaukee County and to other agencies under contract with the department, a county department or a tribal child welfare agency for the purpose of administering the kinship care program.
Notice of Hearing
Insurance, Commissioner of
Notice is hereby given that pursuant to the authority granted under s. 601.41 (3), Stats., and the procedure set forth under s. 227.18, Stats., OCI (Office of the Commissioner of Insurance) will hold a public hearing to consider the adoption of a proposed rulemaking order affecting subchs. III and IV of ch. Ins 8 and creating ch. Ins 19, Wis. Adm. Code, relating to health insurance.
Hearing Information
June 24, 1999 Room 6, OCI
Thursday 121 East Wilson St
9:30 a.m. Madison, WI
Written Comments
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 14 days following the date of the hearing. Written comments should be addressed to:
Fred Nepple, OCI
P.O. Box 7873
Madison, WI 53707
Analysis Prepared by the Office of the Commissioner of Insurance
Statutory authority: ss. 600.01 (2), 601.41 (3), 601.42 and 628.34 (12)
Statutes interpreted: ss. 600.01, 628.34 (12), 632.745 to 632.7945, and ch. 635
This rule revises standards governing group, association, and individual health insurance to reflect the requirements of the Health Insurance Portability and Accountability Act of 1996, U.S. P.L.104-191 (HIPPA), the Interim Rule under HIPAA adopted by the Federal Health Care Financing Authority, and changes in the Wisconsin Statutes reflecting those laws and regulation. The rule does the following:
1. Makes clear an insurer must cover a late enrollee under any employer health insurance policy, but permits the insurer to impose not more than a combined 18-month preexisting condition or affiliation period.
2. Makes clear that an insurer may not subject a new entrant, including a person who originally waived coverage during initial enrollment to accept alternative coverage, to more than a 12-month preexisting condition exclusion.
3. Makes clear that an insurer providing health insurance coverage to an employer may:
a. Limit issuance of coverage to those employes and their dependents who are included in a nondiscriminatory eligibility class established by a large employer.
b. Limit issuance of coverage to those employes and their dependents who are included in a nondiscriminatory class established by a collectively bargained agreement.
c. Issue coverage to an employer who has varying levels of contribution toward premium, but only if the classes are nondiscriminatory and the insurer consistently applies uniform minimum contribution requirements.
4. Makes clear that an insurer is not required to offer coverage to an individual who is not actively at work.
5. Makes clear that standards for health insurance coverage provided to or through an employer apply regardless of whether the coverage is denominated association group, group, or individual coverage.
6. Removes requirements that an insurer provide certain notices if an employer ceases to qualify as a small employer but retains requirements that an insurer permit an employer to “cure" inadequate participation to prevent nonrenewal or cancellation on that basis.
7. Prohibits an insurer from imposing more stringent participation requirement, for either small or large employers, than 70% (other than in dual enrollment).
8. Make various changes to reflect the repeal of the basic health insurance plan.
9. Makes clear that an insurer may permit application of no more than a 6-month probation period for eligibility for coverage under a policy issued to either a small or large employer.
10. Permits an insurer to issue coverage only through a bona fide association and market coverage only to persons eligible to join the bona fide association, subject to certain requirements, but prohibits insurers from otherwise marketing only to certain market segments.
11. Makes clear that an insurer may refuse to issue coverage to a small employer if the small employer was cancelled or non-renewed by the insurer for failure to pay premium, or for fraud, but only for a period of one year.
12. Permits an insurer to decline to issue coverage to a small employer on the basis that small employer employes are not within the insurer's provider service area, but only if the insurer adopts reasonable criteria and applies the criteria uniformly without regard to health status.
Fiscal Estimate
There will be no state or local government fiscal effect.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected:
All small businesses seeking to obtain health insurance.
b. Description of reporting and bookkeeping procedures required:
None beyond those currently required.
c. Description of professional skills required:
None beyond those currently required.
Contact Information
Tammi Kuhl, Services Section
Office of the Commissioner of Insurance
Telephone (608) 266-0110
or at:
121 East Wilson Street
P.O. Box 7873
Madison WI 53707-7873
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to ss. 27.01(11)(b) and 227.11(2)(a), Stats., interpreting s. 27.01(11)(a), Stats., the Department of Natural Resources will hold public hearings on revisions to s. NR 45.10, Wis. Adm. Code, relating to camping and camping reservations on state parks and forests. The proposed rules implement the new automated camping reservation system. The new system allows reservation requests to be processed up to 11 months before a customer wants to occupy a site, rather than having to wait until January 10 of each calendar year. Rather than having to submit a paper reservation form to the park of their choice, or to call the park during business hours in the summer, the new system allows customers to call one toll-free number or access one web site to make a reservation anytime within the reservation window. The proposed rules also reorganize the rules affecting outdoor group and backpack camping.
Initial Regulatory Flexibility Analysis
