Rule-Making Notices (Hearing Notices)

The plain language analysis and summary of the proposed rule:

The federal Medicare program has implemented a new drug benefit program known as Medicare Part D that first becomes effective January 1, 2006, for eligible individuals. Additionally the federal government has also modified the Health Insurance Portability and Accountability Act (HIPAA) to include the requirement of additional descriptive information for persons who after a qualifying event permits the employee the option of a special enrollment period to understand how to obtain and apply for coverage. The proposed rule incorporates reference of Medicare Part D and amends the notification portion of the uniform application to include the additional information required by HIPAA.

Specifically, the modifications include 3 edits to the small employer uniform application for group health insurance. In section V of the application a sentence has been added in accordance with an amendment to HIPAA that informs an employee how to obtain information on electing health insurance coverage through a special election period due to a qualifying event. This information is to be provided at the time the employee waives the right to obtain health insurance through the small employer. The next two edits occur in section VI of the application to include the option for the applicant to indicate that the employee, dependent or spouse has Medicare Part D and the date the coverage began. These changes comply with the Medicare Prescription Drugs, Improvement and Modernization Act (MMA) of 2003.

During the July 2005 meeting of the life and disability advisory council, a motion was passed to request the office of the commissioner of insurance to modify the uniform application to comply with the MMA and HIPAA changes. The proposed rule incorporates the changes requested by the council in accordance with MMA and HIPAA. Failure to amend the current rule will result in insurers being unable to properly underwrite the small employer group since it would lack Medicare Part D participation information and an employee may not have sufficient information needed to make an appropriate election decision following a qualifying event.

In order to meet the deadlines required by the MMA and HIPAA the office of the commissioner of insurance is promulgating this rule both as an emergency rule and as a permanent rule concurrently. The hearing that is scheduled for November 8, 2005 will meet both hearing requirements within ss. 227.17 and 227.24 (4), Stats.

Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:

There is no existing or proposed federal regulation related to a uniform employee application for small employer group health insurance.

Comparison of similar rules in adjacent states as found by OCI:

Iowa: None as to the small employer uniform application for group health insurance.

Illinois: None as to the small employer uniform application for group health insurance.

Minnesota: None as to the small employer uniform application for group health insurance.

Michigan: None as to the small employer uniform application for group health insurance.

A summary of the factual data and analytical methodologies that OCI used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule:

The office of the commissioner of insurance reviewed the HIPAA and MMA regulations to ensure that the proposed modifications are necessary and will enable the application to be compliant with federal requirements effective January 1, 2005.

Any analysis and supporting documentation that OCI used in support of OCI's determination of the rule's effect on small businesses under s. 227.114:

There are no small businesses regulated by the office of the commissioner of insurance that offer the small employer group health insurance. Therefore there will be no direct effect on regulated small businesses. Further, the application is a form offered through the office of the commissioner of insurance at no cost.

If these changes may have a significant fiscal effect on the private sector, the anticipated costs to be incurred by private sector in complying with the rule:

There will be no significant fiscal effect on the private sector as the modifications are very minor and will assist in ensuring employees have information with which to make informed decisions and assist in coordinating benefits with the federal Medicare program.

Effect on Small Business:

This rule does not impose any additional requirements on small businesses.

There will be no state or local government fiscal effect.

Initial Regulatory Flexibility Analysis

This rule does not impose any additional requirements on small businesses.

OCI Small Business Regulatory Coordinator

The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266- 7843 or at email address [e-mail]

Contact Person

A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, OCI, at: [e-mail], [phone], 125 South Webster Street – 2nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.

Notice of Hearing

Marriage and Family Therapy, Professional Counseling and Social Work Examining Board

[CR 05-098]

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss. 15.08 (5) (b), 227.11 (2) and 457.03 (1) and (3), Wis. Stats., and interpreting ss. 457.08 and 457.09 (1) (c) and (4m) (b), Wis. Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. MPSW 3.13 (3) (a), relating to human services internship requirements for a social worker training certificate.

Hearing Date, Time and Location

Date:   November 2, 2005

Time:   9:15 A.M.

Location:   1400 East Washington Avenue

  Room 180

  Madison, Wisconsin

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email to [e-mail]. Written comments must be received on or before November 4, 2005 to be included in the record of rule-making proceedings.

Analysis prepared by the Department of Regulation and Licensing.

Statutes interpreted: Sections 457.08 and 457.09 (1) (c) and (4m) (b), Stats.

Statutory authority: Sections 15.08 (5) (b), 227.11 (2) and 457.03 (1) and (3), Stats.

Explanation of agency authority

Section MPSW 3.13 (3) (a) requires that individuals who hold a social worker training certificate complete either an internship or a year's employment before being eligible to receive their social worker certification. There is no specific requirement for the number of hours that must be completed for the internship; however, the rule does set forth certain criteria that must be met. In addition to those criteria, this proposal will ensure greater uniformity among internship programs by requiring a minimum number of hours within each one.

Plain language analysis

SECTION 1. Section MPSW 3.13. (3) (a) is amended to include an explicit hourly requirement for the completion of an internship which is undertaken while holding a social worker training certificate. Presently, there are two ways in which to obtain a social worker certificate. The first option requires an applicant to have obtained a bachelor's degree in social work. The second way permits an applicant who does not hold a degree in social work to complete certain “equivalency" requirements while holding a social worker training certificate. Included among those requirements is the completion of either a human services internship or one year of social work employment. The human services internship must involve direct practice with clients and must be supervised by a social worker. However, the existing rule does not specify an exact number of hours necessary to successfully complete the internship. Nevertheless, a review of 13 accredited baccalaureate social degree programs in Wisconsin all require internships of at least 400 hours or more. Because those programs include that hourly requirement and because the underlying purpose of the training certificate is to ensure that those individuals without bachelor's degrees in social work obtain training to ensure they are minimally competent to practice as social workers, this addition is being proposed. Furthermore, this addition makes the rule consistent with the 400 hours that are required for applicants who opt to pursue social work employment under a training certificate as opposed to an internship.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

The proposed rule will have no impact on the department's funds.

Anticipated costs incurred by private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Effect on small business

These proposed rules will be reviewed by the department's small business review advisory committee to determine whether they will have a significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: [phone]. Email: [e-mail].

Place where comments are to be submitted and deadline for submission

Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708-8935; email [e-mail]. Comments must be received on or before November 4, 2005 to be included in the record of rule-making proceedings.

TEXT OF RULE

SECTION 1. MPSW 3.13 (3) (a) is amended to read:

MPSW 3.13 (3) (a) A human services internship of at least 400 hours that was part of the program leading to the degree the certificate holder specified to satisfy the requirement in s. 457.09 (1) (c) and (4m) (b), Stats., or completed while holding the training certificate, and involved direct practice with clients and that was supervised by a social worker certified under s. 457.08, Stats., and who has a bachelor's or master's degree in social work and provides direct, on-site supervision of the intern.