Section Ins 8.65 - A small employer insurer shall require small employers to provide documentation to establish that waivers of coverage are voluntary and permitted(1) A small employer insurer shall require each small employer that applies for a policy, as part of the application process, to provide a complete list of eligible employees and dependents of eligible employees of the small employer. The small employer insurer shall require the small employer to provide appropriate supporting documentation, such as the state unemployment or worker's compensation quarterly reporting forms, to verify the information required under this subsection.(2) A small employer insurer shall secure a waiver signed by the eligible employee on behalf of the employee or the dependent of the employee with respect to each eligible employee, and each dependent of an eligible employee, who declines an offer of coverage under a policy, whether during an initial enrollment period, as a new entrant or as an underwritten individual. The small employer insurer shall include on the waiver and require:(a) A certification that the individual who declined coverage was informed of the availability of coverage under the policy;(b) That the reason for declining coverage be stated; and(c) A written warning of the consequences which may be imposed on late enrollees.(3) A small employer insurer shall obtain, with respect to each individual who submits a waiver under sub. (2) in connection with an initial enrollment period, information sufficient to establish that the waiver may be accepted under s. Ins 8.60(1).(4) A small employer insurer shall maintain waivers required under sub. (2), the information required to be obtained under sub. (3) and notifications under s. Ins 8.64(2), for a period of 3 years or until the policy terminates, whichever is later.(5) A small employer insurer may not issue coverage to a small employer that refuses to provide the list required under sub. (1), a waiver required under sub. (2) or information required under sub. (3). Wis. Admin. Code Office of the Commissioner of Insurance Ins 8.65
Cr. Register, November, 1993, No. 455, eff. 2-1-94.