Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting s. Ins. 17.40 (1), (2), (3) and (4), Wis. Adm. Code requiring primary insurers and self-insurers to provide notice to the patients compensation fund of the filing of an out-of- state medical malpractice action against an insured Wisconsin health care provider.
Hearing Information
Date: May 14, 2003
Time: 10:00 a.m., or as soon thereafter as the matter may be reached
Place: Room 223, OCI, 125 S. Webster , Madison, WI
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 3 days following the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Copies of Rule and Contact Person
Inger Williams, Services Section
Office of the Commissioner of Insurance
(608) 264-8110
or at
121 East Wilson Street
PO Box 7873
Madison WI 53707-7873.
Analysis Prepared by the Office of the Commissioner of Insurance
Statutory authority: ss., 601.41 (3), 655.004, Stats.
Section
655.27 (5) (a) 2. of the Wisconsin statutes provides a person filing an action outside this state against a health care provider may recover from the patients compensation fund (“fund") only if the fund is notified of the action within 60 days of service of process on the health care provider or the employee of the health care provider when the rules
of procedure
of the jurisdiction in which the action is brought do not permit naming the fund as a party. Section
655.27 (5) (a) 2. further provides the board of governors may extend this 60 day time limit if it finds that enforcement of the time limit would be prejudicial to the purposes of the fund and would benefit neither insureds nor claimants.
Section
655.27 (5) (b) provides it is the responsibility of the insurer or self-insurer for the health care provider who is also covered by the fund to provide an adequate defense of the fund, to act in good faith and in a fiduciary relationship with respect to any claim affecting the fund.
In several recent cases, primary carriers have not given timely notice to the fund of the commencement of an out-of-state medical malpractice action potentially affecting the fund. This rule requires primary carriers and self-insurers to give written notice to the fund within 60 days of the primary insurer or self-insurer's first notice of the filing of an action outside this state, or within 60 days of service of process on the health care provider or employee thereof, whichever is later in time, so the fund is able to timely investigate and respond as appropriate to these claims. The rule also specifies the failure of the insurer or self-insurer to give timely notice will result in the board of governors denying fund coverage for the claim if it finds: a) the fund was prejudiced by the failure to give timely notice, and b) it was reasonably possible to give notice within the time limit. This standard of a finding of prejudice and that it was reasonably possible to give timely notice is patterned after a similar standard set forth in s.
631.81, Wis. Stats. The rule also provides if it was reasonably possible to give notice within the time limit
and the board of governors denies fund coverage under s.
17.40 (3) of the rule, the failure to give notice constitutes bad faith on the part of the insurer or self-insurer in violation of s.
655.27 (5) (b), Wis. Stats.
Fiscal Estimate
The Patients Compensation Fund (Fund) is a segregated fund. The proposed rule has no fiscal effect to the Fund or GPR.
Notice of Hearing
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedure set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting s. Ins. 17.01 (3), 17.28 (6) and 17.285 (4), Wis. Adm. Code relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2003 and relating to establishing a rate of compensation for fund peer review council members and consultants.
Hearing Information
Date: May 14, 2003
Time: 11:00 a.m., or as soon thereafter as the matter may be reached
Place: Room 223, OCI, 125 S. Webster , Madison, WI
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 3 days following the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Copies of Rule and Contact Person
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at
http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110 or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.
Analysis Prepared by the Office of the Commissioner of Insurance
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, 2003. These fees represent a 5% increase compared with fees paid for the 2002-03 fiscal year. The board approved these fees at its meeting on February 26, 2003, 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 funding level recommendation of the board's actuarial and underwriting committee by establishing mediation panel fees for the next fiscal year at $19.00 for physicians and $1.00 per occupied bed for hospitals, representing no increase from 2002-03 fiscal year mediation panel fees.
This rule also creates s. Ins. 17.285 (14) that establishes a rate of compensation for fund peer review council members and consultants of $250 per meeting attended or $250 per report filed by consultant based on the consultant's review of a file.
Fiscal Estimate
The Patients Compensation Fund (Fund) is a segregated fund. Annual Fund fees are established to become effective each July 1, based on actuarial estimates of the Fund's needs for payment of medical malpractice claims. The proposed fees were approved by the Fund's Board of Governors at its February 26, 2003 meeting.
There is no effect on GPR.
Estimated revenue from fees, for fiscal year 2003-2004, is approximately $28.8 million, which represents a 5% increase to fiscal year, 2002-2003 fee revenue.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.041,
29.014 (1),
29.519 (1) (b) and
227.11 (2) (a), Stats., interpreting ss.
29.041,
29.014 (1) and
29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to s.
NR 25.09, Wis. Adm. Code, relating to commercial netting of whitefish in Lake Michigan. Under current rules, commercial whitefish trap nets must be removed from waters of Lake Michigan south of Kewaunee from June 28 through Labor Day. The proposed rule would allow summer trap netting south of Kewaunee in two limited areas, one near Manitowoc and Two Rivers and one near Sheboygan. The maximum number of nets that can be used by any individual license holder in those areas during summer would be limited to three. New net marking requirements are created.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
Initial Regulatory Flexibility Analysis
a. Types of small businesses affected: Commercial fishers of whitefish.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Wednesday, May 14, 2003 at 7:00 p.m.
Main Ballroom, Great Lake Water Institute,
UW-Milwaukee
600 E. Greenfield Avenue
Milwaukee, WI
Thursday, May 15, 2003 at 7:00 p.m.
Lake Michigan Conference Room
Lakeshore Tech. College
1290 North Ave.
Cleveland, WI
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
None anticipated.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than May 19, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule (FH-46-02) and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
NOTICE IS HEREBY GIVEN that pursuant to ss.
20.370 (1) (cr),
77.06 (2),
77.91 (1) and
227.11 (2) (a), Stats., interpreting ss.
77.06 (2),
77.82 and
77.91 (1), Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 46, Wis. Adm. Code, relating to the administration of the Forest Crop Law and the Managed Forest Law. The proposed rule will repeal and recreate s.
NR 46.30 (2) (a) to
(c) to revise the annual stumpage values used to calculate severance and yield taxes due on timber cut during the period from November 1, 2003 through October 31, 2004. Thirteen separate zones reflect varying stumpage values for different species and products across the state. The average price change for sawtimber is a 6.7% increase over current rates. The pulpwood prices are, on the average, decreased 3.3%.
Other revisions are necessary to bring the rule into compliance with the statutory changes in
2001 Wis. Act 109. The areas revised include: a change creating a permanent opportunity for landowners to convert Forest Crop Law contracts to Managed Forest Law contracts; a change in the application fee from $20 to $100 for those landowners applying without submitting a qualifying management plan; and clarification of what constitutes a qualifying management plan.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses.
Initial Regulatory Flexibility Analysis
a. Types of small businesses affected: Small private forest landowners and forest industries enrolled under the Forest Crop Law and Managed Forest Law.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, May 13, 2003 at 10:30 a.m.
CS/G3 Conference Room, 3rd Floor, GEF #3
125 S. Webster Street, Madison
Wednesday, May 14, 2003 at 9:00 a.m.
