Scope Statements
Hearings and Appeals
Subject
Revises Chapter
HA 2, relating to practice and procedure in corrections administrative hearings relating to revocation of community supervision.
Objective of the Rule
1. Change the definition of the term “client" to “offender" to conform to current practice in corrections administrative hearings before the Division of Hearings and Appeals.
2. Allow for issuance and receipt of documents by electronic mail.
3. Allow for subpoenas to be issued by agents employed by the Department of Corrections.
4. Specify the evidence to be considered at the hearing.
5. Specify the rights of an offender at the hearing.
6. Specify the identity information of a witness that may be withheld from the offender under certain conditions.
7. Allow for hearings to be conducted by telephone or video conference.
8. Delete outdated statutory references.
9. Allow for appeals to be dismissed if the opposing party does not receive a timely copy of the appeal.
10. Delete outdated amount charged for transcripts.
Statutory Authority
Comparison with Federal Regulations
There is no federal law on the specific issues addressed in the proposed rules.
Entities Affected by the Rule
The entities affected by the proposed rules are the Department of Corrections, persons on community supervision in the state of Wisconsin who are subject to revocation of their supervision, public defenders, and the public.
Estimate of Time Needed to Develop the Rule
400 hours.
Contact Information
Diane Norman, Assistant Administrator
Phone: (608) 266-7668
Insurance
Subject
Revises Section
Ins 3.28, relating to uniform questions and format for individual health insurance application and affecting small business.
Objective of the Rule
To implement
2009 Wis. Act 28, that included the creation of s.
601.41 (10), Stats., that requires the commissioner to prescribe by rule uniform questions and format for a uniform application for individual health insurance policies.
Policy Analysis
There are no existing regulations for individual health insurance relevant to a uniform application. Currently the commissioner maintains the small employer uniform application of group health insurance. The proposed rule may incorporate applicable portions of the small employer uniform application when developing the uniform questions and format for the individual application.
Statutory Authority
Comparison with Federal Regulations
There are no existing or proposed federal regulations regarding a uniform set of questions or format for an application for individual health insurance.
Entities Affected by the Rule
Intermediaries soliciting individual health insurance and insurers offering individual health insurance products may be affected by this rule.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Insurance
Subject
Revises Section
Ins 6.77, relating to exempting commercial umbrella and commercial liability policies covering only hired and non-owned autos from having to offer or include uninsured and underinsured motorist coverage.
Policy Analysis
Act 28 (2009) modified the requirements for auto insurance in Wisconsin. These modifications did not specifically address the issue of insurers who write commercial liability insurance and commercial umbrella policies which insure only HNO under the policy but do not insure any automobiles owned by the insured.
If these new Act 28 requirements apply to commercial liability insurance and commercial umbrella policies which insure only HNO under the policy, this creates a significant problem. Some of these insurers do not have authority to write auto insurance which is needed to write UM and UIM. Other insurers offering the commercial umbrella and commercial liability HNO have not ever written UM/UIM coverages because the current rules and statutes exempt them. Insurers have also stated that obtaining reinsurance for this is a problem.
The alternative is to do nothing and wait to see if these policies are covered under Act 28. This will cause disruption in the commercial insurance market and may cause some businesses to lose their current coverage or have to seek a new insurer.
Statutory Authority
Comparison with Federal Regulations
None
Entities Affected by the Rule
Businesses that currently have commercial umbrella and commercial liability policies covering only HNO, insurance agents writing business coverages and insurers issuing such policies.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary
Insurance
Subject
Revises subchapter III of Chapter
Ins 18, relating to independent review procedures and affecting small business.
Objective of the Rule
To implement
2009 Wis. Act 28 that included amendments to existing independent review definitions and procedures and incorporated two new triggering events for independent review rights and reporting requirements. Newly created provisions include new definitions of coverage denial determinations and preexisting condition exclusion denial determinations and the creation of independent review eligibility for preexisting condition exclusion denial determinations and rescissions. The commissioner must render a determination that at least one independent review organization has completed the certification process and is able to effectively provide independent reviews for adverse and experimental treatment determinations, preexisting condition exclusion denial determinations and rescissions.
Policy Analysis
There are no existing regulations providing access to independent review related to pre-existing condition and rescission. The proposed rule will modify existing definitions and procedures to incorporate the newly created statutory rights. Currently independent review organizations do not review preexisting condition exclusion denial determinations or rescission determinations. Due to the nature of such reviews, independent review organizations may not currently have the appropriate staff necessary and available for the newly eligible review rights.
Statutory Authority
Comparison with Federal Regulations
There are no existing or proposed federal regulations addressing access to independent review organizations for pre-existing conditions and rescissions.
Entities Affected by the Rule
Independent review organizations and insurers offering health benefit plans may be affected by this rule.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Public Service Commission
Subject
Creates Chapter
PSC 172, relating to a police and fire protection fee.
Objective of the Rule
This rule implements s.
196.025 (6), Stats., (created by
2009 Wisconsin Act 28, section
2454k), that creates a police and fire protection fee imposed on all voice communications connections, including landline, wireless, and voice over internet protocol. It establishes the requirements for administering the fee.
Policy Analysis
No policies currently exist as this is a new fee. This rulemaking will create a new administrative code chapter, PSC 172. The rulemaking is being done with input from the Wisconsin Department of Revenue, which will collect the fee.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
All communications providers including landline, wireless, and voice over internet protocol providers. All retail establishments that sell prepaid wireless telephone plans.
Estimate of Time Needed to Develop the Rule
The Commission estimates that approximately 75 hours of Commission staff time will be required in this rulemaking.
Veterans Affairs
Subject
Amends section
VA 1.11 (1) and repeals section
VA 1.11 (8), relating to the licensing of such persons as may be necessary to carry out the functions of the department for the Wisconsin Veterans Homes.
Objective of the Rule
The objective of amending or repealing the rules is to ensure that any candidate for commandant or Administrator, Division of Homes, be a nursing home administrator holding a current nursing home administrator's license from the State of Wisconsin, or in the alternative, be able to obtain state licensure on the basis of holding a valid license from another state. The proposed amendment would exclude any current commandant or Administrator, Division of Homes from this requirement until January 1, 2011. Any individual who was a commandant for any Wisconsin Veterans Home or was the Administrator, Division of Homes from January 1, 2011 would be required to be currently licensed by the State of Wisconsin as a Nursing Home Administrator, or in the alternative, have a license as a nursing home administrator from another state which the State of Wisconsin would accept for licensing under the laws of Wisconsin. The repeal of VA 1.11 (8) would remove from the direct supervision of the Secretary the commandants of the Wisconsin Veterans Homes, placing the supervision of all Homes under the direction of the Administrator, Division of Homes.
Description of Existing Policies
The current rule [s.
VA 1.11 (1)] directs the secretary to employ a commandant and such persons as may be necessary to carry out the functions of the department. The rule does not reflect the requirement that a commandant for any Wisconsin Veterans Home or the administrator for the Division of Homes needs to be licensed as nursing home administrator. As the Homes require a licensed nursing home administrator to comply with state and federal regulations, the placement of these individuals within the management structure of the department and the Homes should reflect the commitment to ensure appropriate care is given to the members of both Homes. The current rule (s.
VA 1.11 (8) directing the Secretary to directly oversee the operation of the Homes bypasses the organizational structure of the department by placing the commandant directly under the oversight of the Secretary. The repeal of this code provision allows the department to oversee the Wisconsin Veterans Homes in accordance with the policies of the State of Wisconsin, Board of Veterans Affairs..
Policy Analysis
Under current administrative rules, the secretary is charged with employing a commandant for the Wisconsin Veterans Home and such persons as may be necessary to carry out the functions of the department. The department has identified that the Wisconsin Veterans Homes require licensed nursing home administrators. It has further identified that under state and federal laws, the holders of the licenses are ultimately responsible for the services provided in each home. The organizational heads of these nursing facilities must be able to direct the staff in a manner consistent with their licensing knowledge and experience. Likewise, the department has also determined that the organizational structure provided under the administrative code does not allow the Administrator, Division of Homes to provide effective oversight to the commandants. The Administrator should be able to provide direction and oversight in the specific field of nursing home administration and be able to provide alternate management for any Home should the commandant of any Home be unavailable for management.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation that has any direct bearing upon the proposed rule.
Entities Affected by the Rule
The amended rules will affect individuals applying for the positions of commandant for any Home and Administrator, Division of Homes. It will also affect the incumbents in those positions if they continue to hold their positions until January 1, 2011.
Estimate of Time Needed to Develop the Rule
Approximately 25 hours of Department of Veterans Affairs staff time will be needed to promulgate the rule.
Veterans Affairs
Subject
Creates section
VA 2.01 (1) (u),
(3) (d),
(e), and
(f), relating to the definition of “Vision care", and establishing specific criteria for eligible dental care, hearing care, and vision care relating to the purpose of administering the Assistance to Needy Veterans Grant Program.
Objective of the Rule
The department wants to create a rule to define the nature of “Vision care" available under the Assistance to Needy Veterans Grant program and to create rules which identify the eligibility criteria associated with the services defined as “Dental care", “Hearing care" and “Vision Care". These amendments are intended to provide clarification of the scope of these benefits and to administer the program in accordance with the policies of the State of Wisconsin, Board of Veterans Affairs. The term “Vision care" has not been previously defined and the department wants to provide clarification for all parties who may seek benefits, to assist veterans in seeking benefits and the department regarding the scope of benefits available in this program and to administer the program in accordance with the policies of the State of Wisconsin, Board of Veterans Affairs.
Policy Analysis
Under current program rules, a veteran may apply for “Dental care" which encompasses any care given to teeth, including cosmetic care. The department is seeking to limit the provision of “Dental care" to care which is defined as necessary for the health of the veteran and falls within specific monetary limits imposed over specific periods of time. The current definition of “Hearing care" also allows for any care related to hearing, but does not impose a restriction on the medical necessity of the aid sought. The department is seeking to limit “Hearing care" to the provision of care which is defined as necessary for the health of the veteran within specific monetary limits imposed over specific periods of time. Under current program rules, veterans may apply for grants covering any treatment of a vision issue, as no definition of that term exists. As a result, some veterans have applied for grants which involve cosmetic vision issues and repetitive purchases of the same vision care (eyewear). The department is seeking to define and limit “Vision care" to the provision of care which is defined as necessary for the health of the veteran within specific monetary limits imposed over specific periods of time.
The goal of the program is to provide basic care regarding Dental care, Hearing care, and Vision care to those needy veterans who can not qualify for care under the United States Department of Veterans Affairs health care program. The department believes that defining the term “Vision care", as well as providing specific eligibility criteria for “Dental care", “Hearing care" and “Vision Care" to limit care appropriately will provide clarification of the scope of treatment available and allow the program to function in accordance with the policies established by the State of Wisconsin, Board of Veterans Affairs.
Statutory Authority
Comparison with Federal Regulations
The Assistance to Needy Veterans Grant program is administered entirely under the authority of state law. The U.S. Department of Veterans Affairs provides health care for eligible veterans in accordance with Title 38 of the U.S. Code and Title 38 of the Code of Federal Regulations. All veterans applying for benefits under this program are required to apply for the same benefits from the U.S. Department of Veterans Affairs and to use that agency's services if found eligible. Any veteran who does not apply for benefits from that agency or does not accept benefits from that agency if eligibility is established is ineligible for the program. There is no other existing or proposed federal regulation that has any direct bearing upon the proposed rule.
Entities Affected by the Rule
The amended rules will affect veterans applying for the benefit, the department, providers of dental care, hearing care, and vision care, and county veterans service officers.
Estimate of Time Needed to Develop the Rule
Approximately 15 hours of Department of Veterans Affairs staff time will be needed to promulgate the rule.
