Several of the key recommendations of the Working Group were adopted in the Deficit Reduction Act of 2005 and new medical support regulations issued on July 21, 2008. (
Child Support Enforcement Program; Medical Support; Final Regulation, 73 Federal
Register 42416). As amended,
42 USC 666(a)(19) provides that all IV-D child support orders shall include a provision for medical support for the child to be provided by either or both parents. State IV-D agencies now have the option of enforcing medical support against a custodial parent if health care coverage is available to the custodial parent at a reasonable cost.
The new regulation on securing and enforcing medical support obligations at
45 CFR 303.31 is more specific than the previous medical support section. It provides that the State IV-D agency must petition the court to include private health insurance that is accessible to the child, as defined by the State, and is available to the parent responsible for providing medical support at a reasonable cost in new or modified court orders for support.
If private health insurance is not available at the time the order is entered or modified, the State must petition to include cash medical support in new or modified orders until health insurance that is accessible and reasonable in cost becomes available. In appropriate cases, as defined by the State, cash medical support may be sought in addition to health insurance coverage.
Cash medical support or the cost of private health insurance is considered “reasonable in cost" if the cost to the parent responsible for providing medical support does not exceed 5% of his or her gross income or, at State option, a reasonable alternative income-based numeric standard defined in the state child support guidelines. In applying the 5% or alternative state standard for the cost of private health insurance, the cost is the cost of adding the child or children to the existing coverage or the difference between self-only and family coverage.
“Health insurance" includes fee for service, health maintenance organization, preferred provider organization, and other types of coverage that is available to either parent, under which medical services could be provided to a dependent child.
“Cash medical support" means an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another parent through employment or otherwise, or for other medical costs not covered by insurance.
On pages 42423-42424 of the preamble to the rule, commenters requested clarification on including unfixed, unreimbursed medical expenses in the definition of cash medical support subject to the reasonable cost limitations because this would unfairly place the burden for these costs on the custodial parent. The Administration for Children and Families responded that they agree it would not be appropriate at the time an order is established to include the cost of future, uncertain, and unspecified medical costs when applying the 5% cost-reasonableness standard. They further state that they do not agree that responsibility for extraordinary medical costs set in a subsequent medical support order should be ordered without any consideration of the obligated parent's ability to pay at the time the cost is incurred or reimbursement is sought.
New Medical Support Provision Affects All Child Support Awards
The new medical support regulations affect all child support awards, not just IV-D cases. The amended
45 CFR 302.56 requires that state guidelines for setting and modifying all child support amounts within the state address how the parents will provide for a child's health care needs through health insurance coverage or cash medical support, or both, in accordance with
45 CFR 303.31, the new medical support regulation.
Comparison with rules in adjacent states
All states are required to comply with the new federal regulation affecting medical support.
Summary of factual data and analytical methodologies
The proposed rules will adopt provisions of a new federal regulation on medical support in child support cases, recommendations of the Department's child support guidelines review, and a recommendation by the Child Support Policy Advisory Committee.
Small Business Impact
The proposed rules do not affect small businesses as defined in s.
227.114 (1), Stats.
Fiscal Estimate
Summary
The proposed rule implements a federal regulation that is intended to increase enforcement of medical support obligations in child support orders. If there is an increase in parents who are enrolling their children in private-pay insurance, BadgerCare Plus enrollment may decrease.
Other changes to the child support guidelines in the proposed rule have no fiscal effect.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Notice of Hearing
Financial Institutions — Banking
NOTICE IS HEREBY GIVEN That pursuant to section
9117 of
2009 Wisconsin Act 2 and section
227.11 (2), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing to consider an emergency rule to create chapter DFI–Bkg 47 and repeal chapter DFI–Bkg 41, relating to the transition from a registration system to a license system.
Hearing Information
Date: June 10, 2009
Time: 10:00 a.m.
Location: Office of the Secretary
Wis. Dept. of Financial Institutions
345 W. Washington Avenue, 5th floor
Madison, Wisconsin 53703
Analysis Prepared by the Department of Financial Institutions — Division of Banking
Statute interpreted
Statutory authority
Related statute or rule
Chapter DFI – Bkg 41.
Explanation of agency authority
Pursuant to subch.
III of ch. 224, Stats., and s.
220.02 (2) and
(3), Stats., the division regulates mortgage bankers, mortgage brokers and loan originators.
Summary of proposed rule
The objective of the rule is to create ch. DFI–Bkg 47 and to eventually repeal ch. DFI–Bkg 41.
2009 Wisconsin Act 2 provides that the division shall by rule institute a system of initial license issuance or license renewal that it deems advisable for the purpose of implementing an orderly and efficient transition from the registration system under subchapter III of chapter 224, 2007 Stats., to the license system under subch.
III of ch. 224, Stats., as affected by
2009 Wisconsin Act 2. The purpose of this rule is to set forth the transition to that system.
Comparison with federal regulations
Title V, S.A.F.E. Mortgage Licensing Act, ss. 1501 – 1517. This act encourages states to participate in the Nationwide Mortgage Licensing System and Registry, and requires states to have in place, by law or regulation, a system for licensing and registering mortgage loan originators that meets the requirements of sections 1505, 1506, and 1508(d) of the act.
Comparison with rules in adjacent states
Illinois and Iowa have adopted this act; Minnesota and Michigan have not.
Summary of factual data and analytical methodologies
The department reviewed its regulatory practices and procedures, solicited input from affected entities to determine the necessary regulations, and worked internally with staff on the mechanics of the transition.
Analysis and supporting documentation used to determine effect on small business
The rule does not have a significant economic impact on small business. The requirement to transition from a registration system to a license system are the result of and set forth in
2009 Wisconsin Act 2, and not the rule. Fee revisions herein include a proration and refund of fees paid under the current registration system.
Exemption from Finding of Emergency
The legislature by section
9117 of
2009 Wisconsin Act 2 provides an exemption from a finding of emergency for the adoption of the rule.
Fiscal Estimate
The emergency rule may increase costs that may be possible to absorb within the agency's budget. There are no local government costs.
Copies of Proposed Rule, Submission of Written Comments
To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail
mark.schlei@ wisconsin.gov. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website,
www.wdfi.org. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
Agency Contact Person
For substantive questions on the rule, contact Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876, tel: (608) 266-0451, email: mike.mach@ wisconsin.gov.
REVISED Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Hearing Information
The hearing will be held on:
May 13, 2009
Wednesday
at 10:00 AM
|
Video conference participation will be available at:
|
Room 139, State Office Building,
718 W. Clairemont Avenue, Eau Claire
Room 618, State Office Building,
200 N. Jefferson Street, Green Bay
(NEW) Room 315, The Pyle Center
702 Langdon Street, Madison
Room 211, Communication Art Center, UW- Stevens Point, 1101 Reserve Street, Stevens Point
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kathy Nelson at (608) 266-3545 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule, Submission of Written Comments, and Agency Contact Person
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 Ms. Kathy Nelson, Forest Tax Section, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until May 29, 2009. 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 Ms. Nelson.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Summary of proposed rule
The proposed rule:
1.
Revises the annual stumpage rates for the period between November 1, 2009 and October 31, 2010 as required in ss.
77.06(2) and
77.91(1), Stats. While the statewide averages increased slightly, there are fluctuations between market zones and individual prices. Of all total 624 prices calculated, 173 (28%) increased, 188 (30%) decreased and 263 (42%) stayed the same.
2. Amends the petition requirements in NR 46.16 (5). Petition requirements are being changed to streamline the administration and processing of new MFL entries. The rule would be modified to allow entries of land per municipality except in cases where lands must cross municipality lines to meet eligibility requirements.
3. Amends management plan requirements in NR 46.18 (5): Deadlines to submit management plans for DNR approval are being changed to make the two application deadlines similar to each other. Landowners with management plans prepared by DNR foresters must return their signed plans by August 1. A change in this deadline to August 15 is proposed to make the certified plan writer and DNR deadline the same for landowners to turn in completed management plans.
