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.
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266- 7843 or at email address Eileen.Mallow@oci.state.wi.us
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: Inger.Williams@OCI.State.WI.US, (608) 264-8110, 125 South Webster Street – 2nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
1. Statutes interpreted:
Sections 600.01, 628.34 (12) and 632.85, and ch. 609, Stats.
2. Statutory authority:
3. Explanation of the OCI's authority to promulgate the proposed rule under these statutes:
The Commissioner of Insurance is authorized to promulgate rules under ss. 628.34 (12), 601.41 and 609.20, Stats. Section 609.20, Stats., permits the Commissioner to promulgate rules relating to preferred provider plans and defined network plans in order to ensure enrollee access to health care services and ensure continuity of health care while recognizing the differences between preferred provider plans and defined network plans.
4. Related Statutes or rules:
There are no related statutes or rules.
5. The plain language analysis and summary of the proposed rule:
The proposed rule clarifies the applicability dates for ss. Ins 9.25 and 9.27, Wis. Adm. Code, and specifies that insurers offering preferred provider plans that are issued prior to January 1, 2007 and periodically renewed after December 31, 2006 and that would otherwise be affected by ss. Ins 9.25 and 9.27, Wis. Adm. Code, will be grandfathered from compliance with those new requirements. The requirements of ss. Ins 9.25 and 9.27, Wis. Adm. Code, will be applicable to an insurer offering a preferred provider plan on or after January 1, 2007.
6. 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 federal regulation that addresses the activities regulated by the proposed rule.
7. Comparison of similar rules in adjacent states as found by OCI:
Illinois: None
Iowa: None
Michigan: None
Minnesota: None
8. 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 information OCI used in support of this proposed rule includes the information described in the analysis of Clearinghouse Rule 05-059. However more specifically it includes the information provided by representatives of the insurance industry and preferred provider organizations to JCRAR and OCI concerning the topic addressed by the proposed rule.
9. 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:
This rule does not impose any additional requirements on small businesses. Its effect will be to limit requirements otherwise applied by rules currently in effect, including Clearinghouse rule 05-059. This is apparent from the proposed rule itself and the summary.
10. If these changes may have a significant fiscal effect on the private sector, the anticipated costs that will be incurred by private sector in complying with the rule:
This rule will not have a significant fiscal effect on the private sector. Its effect will be to limit requirements otherwise applied by rules currently in effect, including Clearinghouse rule 05-059.
11. A description of the Effect on Small Business: This rule will have an effect on small businesses only by limiting requirements otherwise applied by rules currently in effect, including Clearinghouse rule 05-059.
12. Agency contact person:A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the WEB sites at: http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, OCI Services Section, at:
Phone:   (608) 264-8110
Address:   125 South Webster St – 2nd Floor Madison WI 53702
Mail:   PO Box 7873, Madison WI 53707-7873
13. Place where comments are to be submitted and deadline for submission:
The deadline for submitting comments is 4:00 p.m. on the 8th day after the date for the hearing stated in the Notice of Hearing.
Mailing address:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 9258
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Street address:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 9258
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53702
The proposed rule changes are:
SECTION 1. Section Ins 9.25 (8) is created to read:
Ins 9.25 (8) This section first applies to an insurer offering a preferred provider plan beginning on January 1, 2007 This section does not apply to an insurer with respect to a preferred provider plan issued prior to January 1, 2007 and periodically renewed after December 31, 2006.
SECTION 2. Section Ins 9.27 (4) is created to read:
Ins 9.27 (4) This section first applies to an insurer offering a preferred provider plan beginning on January 1, 2007. This section does not apply to an insurer with respect to a preferred provider plan issued prior to January 1, 2007 and periodically renewed after December 31, 2006.
SECTION 3. This section may be enforced under ss. 601.41, 601.64, 601.65, Stats., or ch. 645, Stats., or any other enforcement provision of chs. 600 to 646, Stats.
Office of the Commissioner of Insurance
Private Sector Fiscal Analysis for Rule Sections Ins 9.25 (8) and 9.27 (4), Wis. Adm. Code, relating to preferred provider plan applicability dates and affecting small business.
This rule change will have no significant effect on the private sector regulated by OCI.
Notice of Hearings
Natural Resources
(Environmental Protection—
Water Regulation)
NOTICE IS HEREBY GIVEN that pursuant to ss. 30.12 (1) and (3) (br), 30.2035, 30.206 and 227.11 (2), Stats., interpreting ss. 30.12 (1), (3) and (3m) and 30.206, Stats., the Department of Natural Resources will hold public hearings on the creation of subch. III of ch. NR 328, Wis. Adm. Code, relating to bank erosion control on rivers and streams. The purpose of the proposed ch. NR 328, subch. III is to create additional general permits to streamline the review of applications for erosion control structures. The proposed subchapter establishes design, construction and location standards for bank erosion control structures placed in rivers and streams under general permits. General permits for biostabilization and integrated bank treatment meeting Natural Resources Conservation Service (NRCS) technical standards would be available throughout the predominantly agricultural and urban ecoregions of Wisconsin (where flooding is generally frequent and more severe, eroding banks and delivering sediment loads that often impair habitat and water quality and adjacent land uses frequently limit the area available for natural channel movement). A threshold level of bank erosion potential is required for sites to be eligible for the integrated bank treatment general permit so that rock armoring is avoided in areas where aquatic habitat is very good and could be harmed by such treatment. The rule establishes a standard map for identifying ecoregions and urban areas as well as a method for determining bank erosion potential.
This rule replaces and improves upon emergency orders that have been in place for similar general permits during the 2005 and 2006 construction seasons.
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: Any business wishing to do bank erosion control on a river or stream.
b. Description of reporting and bookkeeping procedures required: Permits were previously required under s. 30.12, Stats., and no further requirements were added as a result of this rule.
c. Description of professional skills required: Some businesses may prefer to use consulting design companies. However, the rules as designed so that lay personnel can apply the assessment protocols themselves with little formal training.
The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
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.
NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an open house starting at 5:00 p.m. prior to each hearing. Department staff will be available to answer questions regarding the proposed rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, December 11, 2006 at 6:00 p.m.
Front Room, DNR West Central Region Hdqrs., 1300 W. Clairemont, Eau Claire
Tuesday, December 12, 2006 at 6:00 p.m.
Room 202, UW-Oshkosh Forrest Library, 800 Algoma Blvd., Oshkosh
Wednesday, December 13, 2006 at 6:00 p.m.
Upstairs Conference Room, Wausau State Highway Patrol, 2805 Martin Ave., Wausau
Thursday, December 14, 2006 at 6:00 p.m.
Gathering Waters Room, DNR South Central Region Hdqrs., 3911 Fish Hatchery Road, Fitchburg
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Paul Cunningham at (608) 267-7502 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
According to 2004 data, there are 240 permits processed annually for shore protection on rivers and streams. Of that amount, 216 require an individual permit at a cost of $300, and 24 are exempt from a permit fee because they are done by state or federal agencies. Therefore, annual permit revenue under current law totals $64,800 (216 permits x $300).
Under the proposed rule, it is estimated that 180 projects would require a $300 individual permit, 36 projects would be eligible for a new $50 general permit, and 24 would continue to be fee-exempt because they would be done by state or federal agencies. Therefore, annual permit revenue under the proposed rule is estimated to be $55,800 [(180 individual permits x $300) + (36 general permits x $50)]. This will result in a decrease of $9,000 in annual permit revenue.
By converting an estimated 36 individual permits per year to general permits, the proposed rule would streamline the permitting process and thus decrease the amount of work to process permits by 416 hours, or 0.2 FTE, with an associated cost reduction of $13,300 in salary and fringe benefits (416 hours x $32/hour salary and fringe).
Submission of Comments
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