Emergency Rule EmR1831

Status: Expired or Superseded by CR 19-088

Office of the Commissioner of Insurance (Ins)

Administrative Code Chapter Affected:

Ch. Ins 19 (Created)

Related to: Wisconsin healthcare stability plan

Comments for this rule have closed

Statement of Scope: SS 068-18

Related Permanent Rule: CR 19-088

Date Statement of Scope Approved by Governor: May 25, 2018

Date Statement of Scope Expires Under s. 227.135 (5), Stats.: December 4, 2020

Date Rule Text Approved by Governor: November 27, 2018

Rule Text: EmR1831 Rule Text

Date Filed With LRB: November 29, 2018

Date Published: December 3, 2018

Effective Start Date: December 3, 2018

Expiration Date: The date on which the permanent rules take effect, as provided in s.601.83 (1) (g).

Notes: Section 601.83 (1) (g) provides: “The commissioner may promulgate any rules necessary to implement the healthcare stability plan under this section, except that any rules promulgated under this paragraph shall seek to maximize federal funding for the healthcare stability plan and shall comply with this section and with the approval by the federal department of health and human services dated July 29, 2018. The commissioner may promulgate rules necessary to implement this section as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. An emergency rule promulgated by the commissioner under this paragraph before January 1, 2019, remains in effect until it is superseded by a subsequent permanent rule.” On April 23, 2019, the Joint Committee for Review of Administrative Rules extended EmR 1831 for a period of 60 days through June 30, 2019, recognizing, that, notwithstanding the extension, the Office of the Commissioner of Insurance retains authority to enforce and is required to continue enforcing the emergency rule under s. 601.83 (1) (g), Stats. On June 12, 2019, the Joint Committee for Review of Administrative Rules extended EmR 1831 for a period of 60 days through August 29, 2019, recognizing, that, notwithstanding the extension, the Office of the Commissioner of Insurance retains authority to enforce and is required to continue enforcing the emergency rule under s. 601.83 (1) (g), Stats.