Explanation of agency authority
The commissioner of insurance, with the approval of the board of governors (board) of the injured patients and families compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund and the annual fee due for the operation of the medical mediation panel.
Related statute or rule
None.
Plain language analysis
This rule establishes the fees that participating health care providers must pay to the fund for the fiscal year beginning July 1, 2011. These fees represent a 8.5% increase from fees paid for the 2010-11 fiscal year. The board approved these fees at its meeting on February 16, 2011, based on the recommendation of the board's actuarial and underwriting committee and reports of the fund's actuaries.
This rule includes additions to the Insurance Services Office (ISO) code listing to address new classification specialties. ISO codes are the numerical designation for a health care provider's specialty and are used to classify the provider for assessment purposes.
The board is also required to promulgate by rule the annual fees for the operation of the injured patients and families compensation mediation system, based on the recommendation of the director of state courts. The recommendation of the director of state courts was reviewed by the board's actuarial and underwriting committee. This rule implements the funding level approved by the board by establishing mediation panel fees for the next fiscal year at $25.00 for physicians and $5.00 per occupied bed for hospitals, representing a decrease of $3.00 per physician and a decrease of $1.00 per occupied bed for hospitals from 2010-11 fiscal year mediation panel fees.
Comparison with existing or proposed federal regulations
To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address patient compensation fund rates, administration or activities.
Comparison with similar rules in adjacent states
To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of adjacent states have a patients compensation fund created by statute where rates are directed to be established yearly by rule as is true in Wisconsin.
Summary of factual data and analytical methodologies
None. This rule establishes annual fund fees pursuant to the requirements of the above-noted Wisconsin statutes.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact report
This increase in fund fees will have an effect on some small businesses in Wisconsin, particularly those that employ physicians and other health care professionals. The mediation panel fee is assessed only on physicians and hospitals, not on corporations or other health care entities. The fund fee increases will affect only those small businesses that pay the fund fees and mediation panel fees on behalf of their employed physicians. However, the fund fee increase will not have a significant effect nor should it negatively affect the small business's ability to compete with other providers.
Effect on Small Business
This rule will have little or no effect on small businesses. The increase contained in the proposed rule will require providers to pay an increased fund fee which will increase the operational expenses for the providers. However, this increase is not considered to be significant and will have no effect on the provider's competitive abilities.
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
eileen.mallow@wisconsin.gov.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The Injured Patients and Families Compensation Fund (IPFCF or Fund) is a segregated fund. Annual Fund fees are established to become effective each July 1 based 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 16, 2011, meeting and represent an increase of 8.5% over fiscal year 2011 fund fees.
The Fund is a unique fund; there are no other funds like it in the country. The Fund provides unlimited liability coverage and participation is mandatory. These two features make this Fund unique compared to funds in other states. The only persons who will be affected by this rule change are the Fund participants themselves as the IPFCF is fully funded through assessments paid by Fund participants.
There is no effect on GPR.
State fiscal effect: None. Fund sources affected: SEG.
Local fiscal effect: No local government costs.
Long-range fiscal implications: None.
Private sector fiscal analysis
The increase in fees promulgated by this rule does not result in a significant fiscal effect on the private sector. Although a health care provider may pass this increase on to its patients, there will not be a significant fiscal effect on the private sector as a result of this proposed rule.
Agency Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the Web site 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 53703-3474
Mail: PO Box 7873, Madison, WI 53707-7873
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1 —
(DNR # FR-45-10)
NOTICE IS HEREBY GIVEN that pursuant to sections 227.16 and 227.17, Stats, the Department of Natural Resources, hereinafter the Department, will hold a public hearing on changes to Chapter
NR 46 regarding administration of the Managed Forest Law program on the date(s) and at the time(s) and location(s) listed below.
Hearing Information
The hearing will be held on:
Date and Time Location
April 13, 2011 Marathon County Public Library
Wednesday First Floor Meeting Room
at 10:00 A.M. 300 N. 1st Street
Wausau, WI 54403
Reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Contact Kathryn J. Nelson in writing at the Department of Natural Resources, Forest Tax Program (FR/4) 101 S Webster, Madison, WI 53707; by E-mail to
Kathryn.Nelson@Wisconsin.gov ; or by calling (608) 266-3545. A request must include specific information and be received at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded from the
Administrative Rules System Web site which can be accessed through the link: https://health.wisconsin.gov/admrules/
public/Home. Use your Search feature to find the rule. You may want to search for NR 46, MFL, or forestry. Scroll down to find the rules under Permanent Rules Under Promulgation
.
If you do not have Internet access, a printed copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of charge by contacting Kathryn J. Nelson, Department of Natural Resources, Forest Tax Program (FR/4), 101 S. Webster St, Madison, WI, 53703, or by calling (608) 266-3545.
Submittal of Written Comments
Comments on the proposed rule must be received on or before April 22, 2010. Written comments may be submitted by U.S. mail, fax, E-mail, or through the Internet and will have the same weight and effect as oral statements presented at the public hearing. Written comments and any questions on the proposed rules should be submitted to:
Kathryn J. Nelson
Department of Natural Resources
Forest Tax Program
101 S Webster St.
Madison, WI 53703
Phone: (608) 266-3545
Fax: (608) 266-8576
Analysis Prepared by Department of Natural Resources
Statute(s) interpreted
Subchs. I and VI, Ch.
77, Stats.
Statutory authority
Plain language analysis
Repeal Subchapter II regarding the Woodland Tax Law and references to Woodland Tax Law throughout NR 46: The Woodland Tax Law was a private landowner incentive program that allowed participants to pay reduced property tax while they grew trees for harvest. A management plan was developed for each parcel enrolled in the program that required harvesting of timber. Enrollment in Woodland Tax Law was for a 15 year period. Woodland Tax Law was repealed when the Managed Forest Law was enacted in 1985. The last Woodland Tax Law contacts expired on December 31, 2000. Repealing of this subchapter will eliminate wording in NR 46 for a program that no longer exists. There are no negative impacts to existing participants under Managed Forest Law or Forest Crop Law. Forest landowners wishing to enroll in a forestry tax incentive program may enroll in Managed Forest Law.
Amend the definition of “incompatible with existing uses of the land." Lands that are considered incompatible with the production of timber products include those lands within a recorded subdivision plat defined under s.
236.02 (12), Stats. or other division of land recorded under s.
236.03 (1), Stats. This proposal eliminates an exception to allow for uniform interpretation and implementation of the rule. Lands that are divided as a subdivision plat are largely held for the purpose of providing land for housing development and do not easily allow for management of forested lands for timber products. Forest Crop Law lands that had subdivision plats created after enrollment into the Forest Crop Law program would no longer be allowed to enroll in Managed Forest Law unless the subdivision plat is vacated under Subchapter VIII, Section 236, Stats. even if there had been no sale of individual subdivision plat lots. There are no lands enrolled under Woodland Tax Law, so provisions relating to this program are no longer pertinent.
Repeal the definition of “management plan packet." 2009 Wisconsin Act 365 required that Managed Forest Law applications must include all supporting documents, including a management plan, map, forest reconnaissance data, property ownership documents (deeds, land contracts, etc.), tax statement, certified survey maps, and application fee, including a remittance form to properly deposit the application fee. A “management plan packet" is an obsolete phrase since passage of
2009 Wisconsin Act 365. The proposal is to eliminate this phrase from NR 46.
Amend the wording of NR 46 to replace “petition" and “petitioner" with “application" and “applicant." 2009 Wisconsin Act 365 replaced the words “petition" with “application," and “petitioner" with “applicant." The proposal is that NR 46 would use the same wording as in statute.
Amend the application dates and requirements. 2009 Wisconsin Act 365 replaced the March 31, May 15 and July 1 application deadlines with a June 1 application deadline. The statutory change also required that management plans need to be submitted with the application. Independent certified plan writers would continue to provide application and management plan development service to landowners. DNR foresters provide these services in situations where services from independent certified plan writers are not available. Proposed changes to NR 46 would make all dates and requirements for Managed Forest Law applications consistent with new statutory language.
Amend MFL application fees. Recording fees at local register of deeds offices have increased to $30.00 per document. The department is required to collect the cost of recording Managed Forest Law documents from landowners as an application fee. The proposal is to increase the application fee from $20 to $30 per county for each application.
Repeal NR 46 wording requirements in application forms and management plans. NR 46 currently lists wording requirements to be used on the application and management plan regarding building characteristics and management plans. Application forms are required to have certain information regarding building characteristics and wording in management plans for landowners to acknowledge that violations of the building requirements may cause lands to be withdrawn from the Managed Forest Law program. These specific wording requirements were inserted into NR 46 at a time when the building provisions were new, however these building provisions have been in effect since 1998. The proposal is to remove the wording requirements from NR 46 so that no one statutory or administrative code provision is highlighted over and above other provisions of the Managed Forest Law.
Amend the certified plan writer program certification requirements. The department has amended its training requirements according to the skills and training needs of students. NR 46 states the homework required for plan writer certification. Proposed amendments to NR 46 eliminate the specific homework requirements to allow the department to better meet student training needs.
Amend reporting dates as a result of new application deadlines provided for in 2009 Wisconsin Act 365. Deadlines for certified plan writers to report management plan cost data must be adjusted in order to have new costs available for use for the new Managed Forest Law application dates. The NR 46 proposal will be to move the dates to collect cost data to be one month earlier from May 31 to May 1 of each year.
Require that owners buying lands from large ownerships as defined in NR 46.18(4) provide a management plan within one year of the transfer date. Historically, the department has written management plans free of charge. This proposal requires that landowners who purchase lands from large ownerships provide a management plan within 1 year of the date of transfer. Landowners would follow the same protocol to obtain the services of a certified plan writer as new enrollees.
Require that owners who no longer meet the qualifications of a large ownership in NR 46.18(4) must provide a management plan within one year of losing large ownership status. Landowners who no longer qualify as a large ownership as defined in NR 46.18(4) are placed in the small landowner category, requiring that a management plan be developed. Historically the department has written these plans. This proposal would require that landowners who lose their status as a large ownership provide a management plan within 1 year of the date of losing their large ownership status. Landowners would follow the same protocol to obtain the services of a certified plan writer as new enrollees.
Amend wording associated with the alternative withdrawal tax calculation. Landowners who withdraw lands early from the Managed Forest Law are required to pay a withdrawal tax based on a formula that multiplies the assessed value, tax rate and years under the law, or based on 5% of the average stumpage value for the market zone. Adjustments to the wording will clarify that the withdrawal tax estimates are not the same as the Department of Revenue withdrawal tax estimates recently created in
2009 Wisconsin Act 365. NR 46 wording changes will also include statutory references regarding renewal of lands under Managed Forest Law.
Comparison with existing or proposed federal regulations
There are no known federal rules which apply to the Managed Forest Law program.
Comparison with similar rules in adjacent states
Minnesota, Michigan, Iowa and Illinois offer some type of incentive program to forest landowners, however their program requirements are not as comprehensive as Wisconsin's Managed Forest Law.
Effect on Small Business
Effect on small business will be de minimis.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
Summary of the changes to NR 46, Wis. Admin. Code under FR-45-10.
Changes to NR 46 include a variety of topics including elimination of the subsection associated with management of the Woodland Tax Law, changing the definition of “incompatible with existing uses of the land," repealing of the definition of “management plan packet," replacing the words “petition" and “petitioner" with “application" and “applicant," amending the application dates and requirements, amending the application fees, repealing the requirement for specific wording on application forms and management plans, amending the requirements to be certified as a plan writer, amending reporting dates for certified plan writers, requiring that owners buying lands from larger ownerships provide a management plan within one year of the date of transfer, requiring that owners who no longer meet the qualifications of a large ownership provide a management plan within one year of losing large ownership status, amending wording associated with the alternative withdrawal tax calculation.
Most provisions of the proposed NR 46 rule change have no fiscal impact on state or local revenues or expenditures, including provisions to repeal subchapter II, amend or repeal definitions, amending application deadlines and requirements, repeal specific wording used in MFL forms, amend certified plan writer program certification requirements, amend certified plan writer reporting dates, amending wording associated with determining the alternative withdrawal tax.
