Entities affected by the rule
The proposed rule will affect insurers which offer defined network plans, health maintenance organizations, limited scope plans, preferred provider plans and limited service health organization plans. Insurers will be required to revise their relationships, including provider and insurance contracts, with health care providers, health care provider networks, employers and individuals.
Comparison with federal regulations
The Office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
Insurance
Subject
Objective of the rule. By motion on March 1, 2006 the Joint Committee for Review of Administrative Rules (JCRAR) voted to suspend s. Ins 9.32 (2) (c) and (e) 1., Wis. Adm. Code, and the phrase “(c) and “ in s. Ins 9.33, Wis. Adm. Code. At the hearing, JCRAR requested the Office to modify these provisions by rule. The Office, after consulting with interested parties, including consumer representatives, insurers, and representatives of Wisconsin health care providers, will consider appropriate modifications to ch. Ins 9, Wis. Adm. Code, to address the topic of the JCRAR suspended provisions.
Policy analysis
Chapter Ins 9, Wis. Adm. Code, became effective March 1, 2006. Chapter Ins 9 includes the provisions cited above which address the circumstances where an operation or procedure is performed by an in-panel provider but some ancillary services, such as anesthesiology, radiology or lab tests, are performed by non-participating providers. OCI will, after consulting with interested parties, consider whether there are alternative standards, or alternative implementation, that may more appropriately address this matter than the standards included in the suspended provisions of revised ch. Ins 9, Wis. Adm. Code.
There is no viable alternative to establishing by rule the requirements for these health insurance products. The statutory framework contained within ch. 609 and s. 632.85, Wis. Stats., raise the issues that the proposed rule will address.
Statutory authority
Sections 601.42 (3), 609.20, 609.38, and 632.85, Wis. Stats.
Staff time required
200 hours.
Entities affected by the rule
The proposed rule will affect insurers which offer defined network plans, health maintenance organizations, preferred provider plans and limited service health organization plans. Insurers will be required to revise their relationships, including provider and insurance contracts, with health care providers, health care provider networks, employers and individuals.
Comparison with federal regulations
The Office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
Natural Resources
Subject
Objective of the rule. Modifications to portions of ch. NR 22, pertaining to Wisconsin-Iowa boundary waters. The proposed changes would implement harvest restrictions for commercially-caught shovelnose sturgeon in Wisconsin-Iowa waters of the Mississippi River.
Policy analysis
The Department is beginning the process of recommending changes to Wisconsin administrative code relating to commercial fishing for shovelnose sturgeon. The Department anticipates requesting hearings on these changes in June, 2006, and holding hearings, if approved, in August 2006.
Statutory authority
ss. 29.014, 29.041, and 29.516 Stats.
Staff time required
The Department anticipates spending approximately 160 hours in the rule development process.
Entities affected by the rule
Fewer than five commercial fishermen licensed by Wisconsin will be affected by the proposed rule changes.
Comparison with federal regulations
Authority to promulgate fishing regulations is granted to States. No federal regulations apply to the proposed changes in regulating recreational fishing and clamming activity.
Public Service Commission
Subject
Objective of the rule. This rulemaking will create rules regarding statewide energy efficiency and renewable resource programs as required under 2005 Wisconsin Act 141.
Policy analysis
2005 Wisconsin Act 141 revises the statutes to create a structure under which energy utilities collectively establish and fund statewide energy efficiency and renewable resource programs that will help achieve environmentally sound and adequate energy supplies at reasonable cost. These rules will address issues such as:
Procedures for contracting with program administrators.
Criteria for selection of program administrators.
Procedures and criteria for Commission review of contracts with program administrators.
Procedures and criteria for Commission review of programs.
Minimum requirements for the programs.
Comparison with federal regulations
The Commission is unaware of any federal regulation in this area.
Statutory authority
Wis. Stat. ss. 196.02 (3), 196.374 (3) and 227.11 (2)
Staff time required
The Commission estimates that approximately 500 hours of Commission staff time will be required in this rulemaking.
Other resources necessary to develop rule
Commission staff may meet and consult with former members of the Governor's Task Force on Energy Efficiency and Renewables during the course of this rulemaking.
Entities affected by the rule
The rulemaking will affect investor-owned and municipal electric and natural gas utilities, and retail electric cooperatives.
Public Service Commission
Subject
Objective of the rule. This rulemaking will revise Wis. Admin. Code ch. PSC 118 to reflect changes found in 2005 Wisconsin Act 141 regarding renewable resource credits.
Policy analysis
2005 Wisconsin Act 141 revises Wis. Stat. s. 196.378 regarding renewable energy sources and renewable resource credits. These credits may be generated and used by a utility to meet its required renewable energy percentage, or sold to another utility for its use in meeting its percentage. These rules will address issues such as the requirements for creation and use of a renewable resource credit and a regional credit tracking system.
Comparison with federal regulations
There are various federal regulations concerning renewable energy, but the Commission is not aware of any federal regulation in this specific area.
Statutory authority
Wis. Stat. ss. 196.02 (3), 196.374 (3) and 227.11 (2).
Staff time required
The Commission estimates that approximately 500 hours of Commission staff time will be required in this rulemaking.
Other resources necessary to develop rule
Commission staff may meet and consult with former members of the Governor's Task Force on Energy Efficiency and Renewables during the course of this rulemaking.
Entities affected by the rule
The rulemaking will affect all electric providers and wholesale suppliers. It may also affect the members or customers of a wholesale supplier. (See Wis. Stat. ss. 196.378 (1) (c) and (p)).
Public Service Commission
Subject
Objective of the rule. The proposed rule revisions adopt, for state purposes, changes to the federal pipeline safety code that have been enacted since the last revisions to the state pipeline safety code were enacted. The state has adopted federal pipeline safety provisions in Wis. Admin. Code ch. PSC 135.
Policy analysis
Under an agreement with the federal Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations, 49 CFR Parts 192, 193 and 199. As part of the agreement, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety. The state adopts the federal pipeline safety code in Wis. Admin. Code s. PSC 135.019. The Commission last promulgated revisions to s. PSC 135 in 2003. Since then, the federal DOT has adopted several final rules which revise the pipeline safety code. These changes include:
Federal Amendment 192-94, relating to consensus industry standards and various technical standards. This rule took effect July 14, 2004.
Federal Amendment 192-95, relating to pipeline integrity management in high consequence areas. This rule took effect on January 14, 2004.
Federal Amendment 192-96, relating to the operation and capacity of existing pressure limiting and regulating stations on gas pipelines, and establishing an appropriate pressure limit. This rule took effect on September 14, 2004.
Federal Amendment 192-97, relating to transmission lines accommodating the passage of internal inspection devices. This rule took effect on July 28, 2004.
Federal Amendment 192-98, relating to periodic underwater inspections of pipeline facilities located in the Gulf of Mexico and its inlets in waters less than 15 feet deep. This rule took effect on September 9, 2004.
Federal Amendment 192-99, relating to the requirements for pipeline operators to develop and implement public awareness programs. This rule took effect June 20, 2005.
Federal Amendment 192-100, relating to programs conducted by operators of gas and hazardous liquid pipelines to qualify individuals who perform certain safety-related tasks on pipelines. This rule took effect July 1, 2005.
In this proceeding, the Commission will consider rule revisions designed to codify for state purposes these recently-enacted federal changes.
Comparison with federal regulations
Under an agreement with the federal Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations, 49 CFR Parts 192, 193 and 199. As part of the agreement, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety.
Statutory authority
Sections 196.02 (1) and (3), 196.745 and 227.11, Stats.
Staff time required
The Commission estimates that fewer than 200 hours of employee time will be required to develop the rules.
Other resources necessary to develop rule
No additional resources are likely to be needed in order to complete this project.
Entities affected by the rule
Every gas public utility and gas pipeline operator that operates gas transmission or distribution facilities in this state.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.