Statutory authority: ss. 601.41 (3), 655.004, 655.27 (3) (b) and 655.61

Statutes interpreted: ss. 655.23 (3) (b) and (c) and 655.27 (3)

The Commissioner of Insurance, with the approval of the Board of Governors (Board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 1999. These fees represent a 7% decrease compared with fees paid for the 1998-99 fiscal year. The Board approved these fees at its meeting on March 17, 1999, based on the recommendation of the Board's actuarial and underwriting committee.

The Board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the Director of State Courts. This rule implements the Director's funding level recommendation by establishing mediation panel fees for the next fiscal year at $16.00 for physicians and $ 1.00 per occupied bed for hospitals, representing no increase from 1998-99 fiscal year mediation panel fees.

This rule provides that open records law and exceptions apply to fund records. This rule imposes a $100 late fee per week per certificate on insurers or self-insured providers who fail to comply with the format and filing date requirements of s. Ins 17.28 (5), Wis. Adm. Code. This late fee is intended to reduce the number of late filings and filings not in compliance with the format specified by the Commissioner.

Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI by 4:30 p.m. on the date of the hearing. Written comments should be addressed to:

For a summary of the rule see the analysis. There will be no state or local government fiscal effect.

This rule does not impose any additional requirements on small businesses.

A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at http://www.state.wi.us/agencies/oci/rule.htm or by contacting Tammi Kuhl, Services Section, Office of the Commissioner of Insurance, at (608) 266-0110 or at 121 East Wilson Street, P. O. Box 7873, Madison, WI 53707-7873.

The U.S. Environmental Protection Agency required states to adopt new regulations in response to its NOx SIP Call to Reduce Ozone Transport. The SIP call established a nitrogen oxides (NO x) emissions budget for Wisconsin (and 21 other states) and gave the state some discretion as to how the reductions in NOx emissions would be achieved.

The proposed rule allocates a specified amount of NOx emissions during each ozone season (May 1 – September 30) to each affected source. The emission allocation or credits become tradeable across all sources affected by the reduction requirements which participate in a trading program such that the aggregate emission allocation is not exceeded with certain limitations in terms of allocation duration. Monitoring and reporting requirements ensure regional attainment of the reduction objectives. The trading structure allows facilities flexibility in the actual level of investment in controls versus acquisition of emission credits via the market of participating sources.

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.

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 documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Notice is hereby further given that the hearings will be held on:

Notice is hereby further given that 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 Allen Hubbard at (608) 266-3450 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule may be submitted to Mr. Allen Hubbard, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than June 4, 1999. Written comments will have the same weight and effect as oral statements presented at the hearings.

A copy of proposed rule [AM-15-99] and its fiscal estimate may be obtained from: