Scope Statements
Insurance
This statement of scope was approved by the Governor on November 21, 2013.
Rule No.
Section
Ins 17.50, Wis. Admin. Code (revise).
Relating to
Self-insured plans covering health care providers subject to Wis. Stat. Chapter
655 and affecting small business.
Rule Type
Permanent.
1. Finding/Nature of Emergency
N/A
2. Detailed Description of the Objective of the Rule
To update existing financial requirements for self-insured plans for health care providers which have not been revised since creation in 1989. The proposed rule will incorporate the new statutorily created self-insurance plan, define “affiliated health care providers," and any other undefined terms. Additionally, the proposed rule will create filing, financial solvency, and regulatory oversight requirements for self-insurance plans providing coverage for all affiliated health care providers under a controlling legal entity.
3. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background, and Justification for the Proposed Rule
The Wisconsin injured patients and families compensation fund (“fund"), permits health care providers subject to Wis. Stat. s.
655.23 (3), to either “insure and keep insured the health care provider's liability by a policy of health care liability insurance issued by an insurer authorized to do business in this state or qualify as a self-insurer." Section
Ins 17.50, Wis. Admin. Code, implements this section and establishes requirements to qualify as a self-insurer. Following passage of the new definition of self-insurance plan in
2013 Wis. Act 20, the existing rule must be expanded to include a self-insurance plan that self-insures health care providers subject to Wis. Stat. Ch.
655 against medical malpractice claims, including affiliated health care providers. In the Governor's veto message, the commissioner was directed to promulgate rules defining affiliated health care providers consistent with of the motion introducing the definition of self-insurance plan.
4. Detailed Statutory Authority for the rule (Including the Statutory Citation and Language)
The fund was established by and is operated as provided in Wis. Stat. Ch.
655. Wisconsin statute s.
655.004 permits the commissioner, director of state courts, and department of health services to promulgate rules as are necessary to enable them to perform their responsibilities under Wis. Stat. Ch.
655. Pursuant to Wis. Stat. s.
655.23 (3) (a), the commissioner may establish conditions for qualification as a self-insurer. Finally, Wis. Stat. s.
601.41 (3), provides that the Commissioner shall have rule-making authority under Wis. Stat. s.
227.11 (2).
5. Estimates of the Amount of Time that state Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
200 hours of time including the time of state employees and members of the fund board of governors.
6. List with description of all entities that may be impacted by the rule
All health care providers that are participants in the fund as set forth in Wis. Stat. s.
655.002 (1) are able to exercise the option be fully insured by an authorized and licensed insurer or self-insure. The rule will affect only those health care providers that choose to self-insure.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin fund.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
significant economic impact on small businesses?
yes
X no
local/statewide economic impact (choose one)
X minimal or none (< or = $50,000)
moderate ($50,000--$20,000,000)
significant (>$20,000,000)
Contact Person
Julie E. Walsh, Senior Attorney, (608) 264-8101.
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-34-13)
This statement of scope was approved by the Governor on November 21, 2013.
Rule No.
Relating to
Fishing regulations related to trolling on inland waters of Wisconsin.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
The rule will be proposed as a permanent rule.
2. Detailed Description of the Objective of the Proposed Rule
This rule is being pursued in order to allow some form of trolling on all inland waters in Wisconsin, which would simplify current regulations and reduce confusion between trolling and position fishing.
Trolling means fishing by trailing any lure, bait, or similar device that may be used to attract or catch fish from a boat propelled by a means other than drifting or rowing. Drifting or “row trolling" is allowed in all waters statewide. Position fishing means fishing from a boat in a manner where the fishing line extends vertically into the water while the boat is maneuvered by the use of a motor. Position fishing could be a musky angler fishing with a sucker as bait while maneuvering the boat, but the fishing line would have to remain vertical. If it is trailed out behind the boat or fished under a bobber, then a significant part of the fishing line is no longer vertical in the water and the person is then motor trolling, which is prohibited on many waters. Many anglers want the option to trail a fishing line behind their boat while maneuvering the boat and not need to worry whether the line is staying completely vertical in the water. Allowing trolling in all inland waters may remove the need to define position fishing and allow anglers to trail bait behind their boats as well as do other forms of trolling, such as using planar boards that extend fishing lines far from the boat while motoring through the water.
Additional rule changes may be pursued which are reasonably related to those discussed in this scope statement.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Trolling is currently allowed for certain disabled anglers by special permit and on all waters in 18 counties; on one or more waters in 45 counties (105 total waters); and on all boundary waters with IA, MN, and MI, except in Vilas County boundary waters with MI. Motor trolling is also allowed in all surrounding states and provinces, with no known adverse biological effects.
• In a 1993 study, the Department compared catch rates and sizes of fish caught from creel surveys conducted from 1980-90 and found no significant differences for walleyes, northern pike, or muskellunge. The same study also found that these species were no more vulnerable to trolling than still fishing in small lakes (<500 acres) versus larger lakes.
• More recently, the Department compared catch and harvest statistics for muskellunge in 189 creel surveys conducted from 1998-2011 and found no significant differences in lakes where trolling was allowed and where it was prohibited. The Department has analyzed available biological information and found no evidence of biological impacts caused by trolling.
• While transient boating in general has been shown to be associated with the spread of aquatic invasive species, there is no evidence that Eurasian Water Milfoil is more common in lakes currently open to trolling versus those closed to trolling.
• Trolling is currently allowed on lakes of all sizes without significant user conflicts. A 2010-11 statewide mail survey of musky anglers found that conflicts with speed boats, jet skis, and other non-angling users, was the 4th highest ranking problem in musky fishing, compared to conflicts with other anglers which ranked only 16th out of 18 identified problems.
Allowing trolling statewide would:
1) simplify regulations by eliminating confusion about where trolling is or is not allowed;
2) allow moving boats to trail behind suckers or other minnows while occupants are casting on all waters;
3) eliminate the need for disabled anglers to have to apply for trolling permits; and
4) provide additional fishing opportunities for anglers who may have difficulty fishing by other methods.
Current map of trolling regulations:
A 2013 rule (FH-18-12) proposed by the Department originally included a trolling proposal that would have allowed trolling on all inland waters statewide with up to three hooks, baits, or lures per angler. After public hearings in each county and discussions with Wisconsin Conservation Congress delegates, the rule was modified to allow trolling on all inland waters statewide with one hook, bait, or lure per angler. In addition, trolling would have been allowed with up to three hooks, baits, or lures in most counties of the State and some individual waters. However, after submitting the rule to the Governor's Office of Regulatory Compliance, it requested that the department remove all trolling elements from the rule and obtain additional public input on a trolling proposal.
Proposal removed from previous rule:
