It is understood that CMS is anticipating promulgating rules related to the reciprocity of the Partnership Program. Those rules are not anticipated to affect OCI.
Comparison of rules in adjacent states
Illinois: Illinois adopted NAIC Model Act and Law in January 2003 with no substantive deviations. Illinois noticed proposed regulations in compliance with the 2006 NAIC Model Act and Law on August 3, 2007, without substantive deviations. Illinois HB 517 authorizing the Medicaid Office to file the review State Partnership Application for participation in the Partnership Program on August 16, 2007.
Iowa: Iowa adopted the 2000 version of the NAIC Model Act and Model Law in July 2003. With the exception of the intermediary training that Iowa promulgated effective January 1, 2009, the state has notice proposals to adopt the 2006 NAIC Model Act and Law. The requirement for intermediary training requires 4 hours of initial training and 3 hour on-going training every 3 years thereafter. Iowa has not implemented the Partnership Program in accordance with the DRA as yet.
Michigan: Michigan adopted the 200 version of the NAIC Model Act and Law in June 2007. Michigan regulates long-term care insurance by statute and as such did not adopt exact language as the NAIC Model but did incorporate each area covered by the Model. Michigan did enact authorizing legislation to implement the Partnership Program in 2007 and filed its State Partnership Application retroactive to October, 2007. Michigan has not implemented the intermediary training for all intermediaries and is currently formalizing the process.
Minnesota: Minnesota adopted the 2000 NAIC Model Act and Law in January 2002, without substantial deviation. The DRA, Partnership Program became effective July 1, 2006. However there has been delays it was not operational until October 2007. Minnesota adopted the intermediary training and additionally requires non-resident intermediaries demonstrate knowledge of unique aspects of the Minnesota medial assistance program.
Summary of factual data and analytical methodologies
The OCI was required to implement portions of the Partnership Program in compliance with
2007 Wis. Act 20, and utilized a subcommittee comprised of consumer, industry, intermediary and regulatory members to achieve its duty. The group met, in open meetings, two times in the past two months to review and discuss Partnership drafts proposed by the OCI.
For the provisions updating and incorporating the NAIC models, the OCI reviewed each NAIC provision against existing Wisconsin law and rule to ensure consumer protections were not lost in the process and to expand consumer information.
Analysis and supporting documentation used to determine rule's effect on small businesses
The key provision that may have an effect on small businesses is the requirement for long-term care intermediary initial and on-going training. The OCI included a provision to permit the training to qualify as continuing education credits and to recognize courses non-resident intermediaries may take in states other than Wisconsin. With the exception of two-credit hours that must include the training information developed and maintained by the Department of Health and Family Services, the training requirements allow for the greatest flexibility to not unduly burden intermediaries or unnecessarily increase expenses related to receiving the required training. It is expected, in light of these considerations that if there is any effect, the effect on small businesses will not be significant.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an effect on small businesses. The initial regulatory flexibility analysis is as follows:
Types of small businesses affected
Insurance intermediaries and small insurers offering long-term care insurance or life insurance with long-term care riders.
Description of reporting and bookkeeping procedures required
Insurance intermediaries will need to track their training to insurance compliance with the initial and biennial training requirements and the insurers will need to track the same for the intermediaries authorized to represent them. The tracking should not be a significant burden or require additional procedures than are currently in place for tracking continuing education.
Description of professional skills required
None beyond those currently required.
Fiscal Estimate
State fiscal effect
None
Local fiscal effect
None
Long-range fiscal implications
None
Notice of Hearing
Natural Resources
Fish, Game, etc., Ch.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2) (a), Stats., interpreting s.
28.11 (5m) (am), Stats., the Department of Natural Resources will hold a public hearing on the revision of s.
NR 47.70, Wis. Adm. Code, relating to the county forest administration grant program.
Hearing Information
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
June 16, 2008 - Video conference participation will be
Monday available at:
10:00 a.m.
Room 139, State Office Building
718 W. Clairemont Avenue
Eau Claire
Room 8F, State Office Building
101 E. Wilson Street
Madison
Conference Rm. 3, DNR Regional Hdqrs.
107 Sutliff Avenue
Rhinelander
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Jeff Barkley at (608) 264-9217 with specific information on your request at least 10 days before the date of the scheduled hearing.
Agency Contact Person, Submission of Comments, and Copies of Proposed Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Jeff Barkley, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until June 17, 2008. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Barkley.
Analysis Prepared by Dept. of Natural Resources
The amendment of s.
28.11 (5m), Stats., in the recent budget necessitates changes to s.
NR 47.70, Wis. Adm. Code, to implement the statutory change to the county forest administration grant program. The change makes eligible for cost-sharing a county's dues to a non-profit organization that represents the collective interests of counties in the county forest program and that serves as a liaison to the Department of Natural Resources. Previously known as the County Forest Administrator Grant, this grant program provides encouragement to counties to hire professional forestry staff to manage their county forests. The previous version of this grant provided 50% cost-sharing of the salary and benefits for a professional forester in the position of county forest administrator or assistant county forest administrator. Those payments would continue under the new version of the program along with cost-sharing of the non-profit organization dues. The maximum payment for the dues portion of this grant for all participating county forests combined is $50,000 annually.
Initial Regulatory Flexibility Analysis
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
Environmental Analysis
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Fiscal Estimate
Summary
The existing non-profit organization representing the collective county forests is the Wisconsin County Forests Association (WCFA). Their existing dues structure for participating counties is $1000 plus an acreage assessment of $.047/acre entered into the county forest program as defined in s.
28.11 Wis. Stats. Currently all twenty-nine counties participate with a total acreage of 2,358,185 acres. Total dues equate to $139,835 annually. Section
28.11 (5m) (am) Wis. Stats., authorizes up to a 50% grant for this portion of the administration grant program, not to exceed $50,000 annually. At the current dues structure, 50% of the total dues is $69,918 which exceeds the maximum $50,000 allotted for this portion of the grant. A pro-rate of this portion of the grant would need to be applied to each county.
Assumptions
•
The WCFA will continue to function as the non-profit organization representing the collective county forests.
•
Future dues to WCFA will not go down.
•
The maximum of $50,000 will be required to fund this portion of the grant in the future.
State government fiscal effect
Increased costs to be absorbed within the agency's budget.
Local government fiscal effect
No local government costs -- with permissive decrease costs and permissive increase revenues.
Types of local governmental units affected
Counties
Fund source affected
SEG
Affected ch.
20 appropriations
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
15.405 (11),
227.11 (2),
452.04 (2),
452.05 (1) (b) and
452.07, Stats., and interpreting ss.
452.04 (2),
452.05 (1) (b) and
452.07, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below on emergency rules to amend s.
RL 16.06 (1) (a),
(b) and
(d), relating to how to use approved forms for the practice of real estate.
Hearing Information
Date: June 26, 2008
Time: 10:15 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 1, 2008, to be included in the record of rule-making proceedings.
Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email at pamela.haack@drl. state.wi.us. Comments must be received no later than July 1, 2008.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Phone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Analysis Prepared by Department of Regulation and Licensing
FINDING OF EMERGENCY
The Department of Regulation and Licensing finds that preservation of the public peace, health, safety or welfare necessitates putting the rule amendments into effect prior to the time the amendments would take if the agency complied with the notice, hearing and publication requirements established for rule-making in ch.
227, Stats. The facts warranting adoption of these rule amendments under s.
227.24, Stats., are as follows:
The department reviewed a proposed draft of a modified form of the residential real estate listing contract, WB-1, which contained inserted text that appeared to be or could be construed to be approved by the department. The modified form was forwarded to the department as an example of work product that was purportedly to be the subject of a continuing education class demonstrating the allowed means to modify an approved form. The modified form was shown to industry stakeholders, the department's council on forms, and the Real Estate Board, for review and comment. All parties agreed that the modified form was, or could be, construed to be misleading based upon its formatting that the modified text was approved by the department, when in actuality, it was not. This potential for consumer confusion was agreed to be a cause for immediate rule-making to prevent modification of forms such as WB-1 in the manner submitted.
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department of Regulation and Licensing has authority under ss.
452.05 (1) (b) and
452.07, Stats., to promulgate rules for the guidance of the real estate profession and to approve forms for use in real estate practice. The emergency rule has also been reviewed and approved by the council on forms which is currently meeting to review and revise forms for real estate transactions as provided in s.
452.06, Stats., as well as reviewed by the Real Estate Board as required by s.
452.07 (3), Stats., and recommended by the board for promulgation.
