Scope statements
Insurance
Subject
Objective of the rule. These changes will modify Ins 6.77 in light of the recent Supreme Court decisions,
Rebernick v American Family Mutual Ins Company, 2006 WI 27 and
Rocker v USAA Casualty Ins Company,
2006 WI 26. In Rebernick, the court held that s 632.32 (4m), Stats, applies to personal umbrella policies. In Rocker, the court held that s.
632.32 (6) (a), Stats, applies to commercial general liability policies and commercial umbrella policies. These interpretations are inconsistent with current insurer practices and OCI's expectation of what would be covered in these types of policies. Compliance with this interpretation would create significant, if not impossible compliance problems for insurers.
Policy Analysis
This change would reverse the unexpected Supreme Court decision in Rebernick to the understanding and processes used prior to Rebernick.
Statutory authority
Staff time required
200 hours and no other resources are necessary.
Entities affected by the rule
Insurance companies and a small number of insureds
Comparison with federal regulations
None.
Physical Therapists Affiliated Credentialing Board
Subject
Continuing education, examination waiver for physical therapist assistants, and temporary licenses for foreign trained physical therapists.
Policy Analysis
Objective of the rule. To make various changes to Chapter
PT 9, continuing education, mainly to clarify what was intended when the rule was drafted to make the rule more understandable, to delete s.
PT 2.04 waiving the physical therapist assistant examination for applicants who apply before April 1, 2004, which is no longer operative, and to reinstate language from the board's former rule, relating to temporary licenses, allowing extension of the temporary license.
The board has received questions from licensees surrounding its interpretation of various provisions of its continuing education rule. As a result, the board has decided to add more descriptive language to the rule, such as inserting terminology to eliminate confusion in calculating continuing education contact hours, and also specifying a time limit on retention of records. Second, removing a grandfather provision that expired in April, 2004, removes one possible area of confusion for prospective applicants. Third, allowing a three month extension of the temporary license will accommodate all licensees who have not passed the national examination and foreign applicants who need the temporary license to extend a visa. Adding a second three month extension for reasons relating to hardship recognizes that some applicants may not be able to complete the examination requirement for reasons beyond their control.
Statutory authority
Comparison with federal regulations
None.
Entities affected by the rule
Physical therapy license applicants and the Department of Regulation and Licensing.
Staff time required
150 hours.
Public Service Commission
Subject
Objective of the rule. The objective of the rule is to do a general updating of nonsubstantive matters in the Public Service Commission (PSC) chapters of the administrative code, similar to a revisor's bill in the legislature. This will include updating language and drafting style as well as deleting obsolete provisions.
Policy Analysis
Not applicable.
Comparison with federal regulations
Not applicable.
Statutory authority
Staff time required
The Commission estimates that approximately 500 hours of Commission staff time will be required in this rulemaking.
Other resources necessary to develop rule.
None.
Entities affected by the rule
Since this rule only involves updating and deletion of obsolete rules, it should have no substantive effect.
