Wisconsin Insurance Commissioner Theodore K. Nickel Advises Insurers On Emergency Rule 1117 elated to grievance and independent review requirements

Dec 22, 2011

 

Wisconsin Insurance Commissioner Theodore K. Nickel issued the following December 16, 2011 Bulletin to Insurers Offering Accident and Disability Insurance on Grievance and Independent Review Requirements:

On December 2, 2011, Wisconsin Insurance Commissioner Theodore K. Nickel issued a statement of scope for issuing an emergency rule relating to repeal of Emergency Rule 1117.

Emergency Rule 1117 was promulgated on an emergency basis effective November 16, 2011 and related to grievance and independent review requirements bringing the State of Wisconsin into full compliance with 42 USC 300gg.  However, Commissioner Nickel will not promulgate Emergency Rule 1117 as a permanent Rule.

As a result of these developments, Commissioner Nickel anticipates that the Center for Consumer Information and Insurance Oversight (“CCIIO”) will withdraw its approval of the Wisconsin process, and the State of Wisconsin will no longer be listed as being compliant. Insurers should be aware that CCIIO will likely be contacting each insurer in the next several weeks regarding this change in status.

Insurers should make decisions they feel necessary in order to comply with the federal and state standards.

Please contact Susan Ezalarab, Director, Wisconsin Insurance Department’s Bureau of Market Regulation, or J.P. Wieske, Legislative Liaison, regarding questions or concerns.

Commissioner Nickel will be providing guidance on grievance and independent review processes in the near future.

To view the bulletin on-line, click here.

For more information on the Wisconsin Department of Insurance, click here.

 

Should you have any questions or comments on the information above, please contact Colodny Fass.