Scope Statements
Insurance
Subject
Creates section
Ins 3.75, Wis. Adm. Code, relating to continuation of group health insurance policy coverage for employees and their dependents and affecting small business.
Objective of the Rule
The United States Department of the Treasury, Internal Revenue Service published an interpretation of the American Recovery and Reinvestment Act of 2009 that provided a continuation election opportunity for covered employees including former employees when an employer discontinues a group health plan. The proposed rule will consider continuation coverage election options for employees that meet the requirements of s.
632.897, Stats., or section
9126 of
2009 Wisconsin Act 11 whose employer or former employer discontinues the group health insurance policy. The proposed rule will consider election and eligibility criteria for continuation of coverage through a group policy.
Policy Analysis
The United States Department of the Treasury, Internal Revenue Service published in a frequently asked question and answer format the question of continuation rights for employees and their dependents when employers discontinue a group policy and determined that eligible employees would be able to elect continuation coverage that may be eligible for premium subsidy under the American Recovery and Reinvestment Act of 2009. There is no current state rule or policy on this specific issue.
Statutory Authority
Comparison with Federal Regulations
This proposed rule would enact for Wisconsin insureds the ability to elect continuation of coverage when an employer discontinues group health insurance consistent with the Internal Revenue Service's interpretation of the American Recovery and Reinvestment Act of 2009.
Entities Affected by the Rule
Insurers issuing group health insurance products, including insurers offering small employer group health insurance and insurance intermediaries soliciting such products may be affected by this rule.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Insurance
Subject
Revises sections
Ins 6.05 and
6.07, Wis. Adm. Code, relating to filing of insurance forms and insurance policy language simplification and affecting small business.
Objective of the Rule
Consider changes in administrative rules required to adopt the National Association of insurance Commissioners (NAIC) uniform insurance rate and form transmittal documents and uniform product coding and changes to the certification used to report insurance policy language simplification.
Policy Analysis
Currently Ch.
Ins 6 requires the use of rate and form transmittal documents that are unique to the State of Wisconsin and for use in Wisconsin only. It is the intent to adopt language and conform to the nationally accepted uniform insurance form listing and to modify rules relating to rate and form transmittal documents. By adopting the uniform language and form file listings, Wisconsin will require insurers to utilize the nationally accepted uniform rate and form transmittal documents. All other states will be utilizing these uniform rate and form transmittal documents. Failure to require the use of these uniform rate and form transmittal documents will result in confusion and duplication efforts for insurers and may constitute grounds for the imposition of federal regulation.
Additionally, the policy form language that is permitted to be used in Wisconsin assumes a higher level of education of the consumer than is required of forms used in other states. As part of the review of each product line of insurance and the readability of the forms, an advisory council will recommend revision to the Flesch score requirements and format modifications to decrease consumer confusion.
Statutory Authority
Comparison with Federal Regulations
There is currently no federal regulation of insurance form and rate listing or standardization of readability of policies. A working group of the NAIC is being formed to recommend national standards for readability.
Entities Affected by the Rule
Insurance companies, rate service organization and third party filers contracted to file forms, rates and insurance policy certification forms for insurance companies.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Subject
Revises Chapter
NR 400, relating to the definition of the term volatile organic compound (VOC).
Objective of the Rule
Chapter
NR 400, Wis. Adm. Code, establishes a set of definitions for terms commonly used throughout chs.
NR 400 to
499. Section
NR 400.02 (162), defines the term “volatile organic compound" (VOC) as any organic compound which participates in atmospheric photochemical reactions. Included as part of the current definition is a list of certain organic compounds with negligible photochemical reactivity that have been excluded by the U.S. Environmental Protection Agency (EPA) from the regulatory definition of VOC. Section
NR 400.02 (162) (a), currently includes 50 such excluded compounds.
The purpose of the proposed rule revision is to add dimethyl carbonate and propylene carbonate to the list of excluded compounds in s.
NR 400.02 (162) (a). EPA has determined that these two compounds make a negligible contribution to tropospheric ozone formation. As such, EPA has recently excluded these two compounds from its regulatory definition of VOC through a January 21, 2009 Federal Register notice (74 FR 3437). The final rule became effective on February 20, 2009. The proposed revision of s.
NR 400.02 (162) (a), would be consistent with this federal action.
Policy Analysis
The Bureau of Air Management does not expect to deal with major policy decisions related to this proposed rule revision. Adding dimethyl carbonate and propylene carbonate as excluded compounds is consistent with past actions taken by the Department to ensure consistency between the state and federal VOC definitions.
Statutory Authority
Section
285.11(6), Wis. Stats., requires the Department of Natural Resources to develop a plan for the prevention, abatement and control of air pollution. For ozone control, the plan must conform with the Clean Air Act and federal regulations. Since VOCs are a precursor to ozone, having the state definition of VOC conform to the federal definition is consistent with s.
285.11 (6), Wis. Stats.
Comparison with Federal Regulations
The proposed addition of dimethyl carbonate and propylene carbonate to the list of excluded compounds in s.
NR 400.02 (162) (a), Wis. Adm. Code, is consistent with EPA's action taken on January 21, 2009, which excluded these compounds from the federal regulatory definition of VOC in
40 CFR 51.100(s) (74 FR 3437). These two compounds have been shown to make a negligible contribution to tropospheric ozone formation.
Entities Affected by the Rule
The Department expects that the primary entity affected by this rule revision would be the paint and coating manufacturers. Dimethyl carbonate and to a lesser degree propylene carbonate may be useful in the formulation of paints and coatings. There are several other organizations that may not be directly affected by the rule, but are likely to have an interest in this rule revision including Wisconsin Manufacturers and Commerce, environmental organizations such as Clean Wisconsin and Sierra Club, and public health organizations.
This proposed rule revision may create an incentive for certain entities, such as paint and coating manufacturers, to use these compounds in place of other more highly reactive organic compounds.
Estimate of Time Needed to Develop the Rule
A total of about 66 hours is needed for drafting and internal review of the proposed changes.
Contact Information
Joseph Hoch
(608) 264-8861
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Subject
