Rule-making notices
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting Section
Ins 8.49 Appendix
1, Wis. Adm. Code, relating to small employer uniform employee application for group health insurance.
Hearing Information
Date: November 8, 2005
Time: 10:30 a.m., or as soon thereafter as the matter may be reached
Place: OCI, Room 227, 125 South Webster St 2nd Floor, Madison, WI
Written comments or comments submitted through the Wisconsin Administrative Rule website at:
https://adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:00 p.m. on the 7
th day after the date for the hearing stated in this Notice of Hearing. Written comments should be sent to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 849
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Explanation of the OCI's authority to promulgate the proposed rule under these statutes:
In accordance with s.
601.41 (8), Stats., the office of the commissioner of insurance is required to revise the uniform small employer application form at least once every two years in consultation with the life and disability advisory council. The rule was initially promulgated in 2003, and due to federal changes and a request of the life and disability advisory council the office of the commissioner of insurance proposes this rule.
Related statutes or rules:
Section
635.10, Stats., requires use of the small employer uniform employee application for group health insurance.
The plain language analysis and summary of the proposed rule:
The federal Medicare program has implemented a new drug benefit program known as Medicare Part D that first becomes effective January 1, 2006, for eligible individuals. Additionally the federal government has also modified the Health Insurance Portability and Accountability Act (HIPAA) to include the requirement of additional descriptive information for persons who after a qualifying event permits the employee the option of a special enrollment period to understand how to obtain and apply for coverage. The proposed rule incorporates reference of Medicare Part D and amends the notification portion of the uniform application to include the additional information required by HIPAA.
Specifically, the modifications include 3 edits to the small employer uniform application for group health insurance. In section V of the application a sentence has been added in accordance with an amendment to HIPAA that informs an employee how to obtain information on electing health insurance coverage through a special election period due to a qualifying event. This information is to be provided at the time the employee waives the right to obtain health insurance through the small employer. The next two edits occur in section VI of the application to include the option for the applicant to indicate that the employee, dependent or spouse has Medicare Part D and the date the coverage began. These changes comply with the Medicare Prescription Drugs, Improvement and Modernization Act (MMA) of 2003.
During the July 2005 meeting of the life and disability advisory council, a motion was passed to request the office of the commissioner of insurance to modify the uniform application to comply with the MMA and HIPAA changes. The proposed rule incorporates the changes requested by the council in accordance with MMA and HIPAA. Failure to amend the current rule will result in insurers being unable to properly underwrite the small employer group since it would lack Medicare Part D participation information and an employee may not have sufficient information needed to make an appropriate election decision following a qualifying event.
In order to meet the deadlines required by the MMA and HIPAA the office of the commissioner of insurance is promulgating this rule both as an emergency rule and as a permanent rule concurrently. The hearing that is scheduled for November 8, 2005 will meet both hearing requirements within ss.
227.17 and
227.24 (4), Stats.
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 existing or proposed federal regulation related to a uniform employee application for small employer group health insurance.
Comparison of similar rules in adjacent states as found by OCI:
Iowa: None as to the small employer uniform application for group health insurance.
Illinois: None as to the small employer uniform application for group health insurance.
Minnesota: None as to the small employer uniform application for group health insurance.
Michigan: None as to the small employer uniform application for group health insurance.
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 office of the commissioner of insurance reviewed the HIPAA and MMA regulations to ensure that the proposed modifications are necessary and will enable the application to be compliant with federal requirements effective January 1, 2005.
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:
There are no small businesses regulated by the office of the commissioner of insurance that offer the small employer group health insurance. Therefore there will be no direct effect on regulated small businesses. Further, the application is a form offered through the office of the commissioner of insurance at no cost.
If these changes may have a significant fiscal effect on the private sector, the anticipated costs to be incurred by private sector in complying with the rule:
There will be no significant fiscal effect on the private sector as the modifications are very minor and will assist in ensuring employees have information with which to make informed decisions and assist in coordinating benefits with the federal Medicare program.
Effect on Small Business:
This rule does not impose any additional requirements on small businesses.
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.
OCI 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@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 – 2
nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
457.03 (1) and
(3), Wis. Stats., and interpreting ss.
457.08 and
457.09 (1) (c) and
(4m) (b), Wis. Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
MPSW 3.13 (3) (a), relating to human services internship requirements for a social worker training certificate.
Hearing Date, Time and Location
Date: November 2, 2005
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
