1997 Wisconsin Act 237

(1) One percent of the first $30,000 in gross receipts received by a licensed organization during a year.

237,566bq Section 566bq. 563.80 (2) of the statutes is created to read:

563.80 (2) Two percent of the gross receipts received by a licensed organization during a year that exceed $30,000.

237,566br Section 566br. 565.05 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

565.05 (1) (intro.)  No employe of in the lottery division of the department who performs any duty related to the state lottery or the executive assistant or the secretary or deputy secretary of revenue may do any of the following:

237,566bs Section 566bs. 565.05 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

565.05 (1) (a) Have a direct or indirect interest in, or be employed by, any vendor while serving as an employe in the lottery division of the department and performing any duty related to the state lottery or as the executive assistant or as secretary or deputy secretary of revenue or for 2 years following the person's termination of service.

237,566bt Section 566bt. 565.17 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

565.17 (5) (a) No employe of in the lottery division of the department who performs any duty related to the state lottery or the executive assistant or the secretary or deputy secretary of revenue and no member of such a person's immediate family, as defined in s. 19.42 (7), may purchase a lottery ticket or lottery share.

237,566ccc Section 566ccc. 601.42 (1g) (d) of the statutes is amended to read:

601.42 (1g) (d) Statements, reports, answers to questionnaires or other information, or reports, audits or certification from a certified public accountant or an actuary approved by the commissioner, relating to the extent liabilities of a health maintenance organization insurer are or will be covered liabilities, as defined in s. 609.01 (1) liabilities for health care costs for which an enrollee or policyholder of the health maintenance organization is not liable to any person under s. 609.91.

237,566cce Section 566cce. Chapter 609 (title) of the statutes is repealed and recreated to read:

Chapter 609
managed care plans

237,566ccf Section 566ccf. 609.01 (1) of the statutes is repealed.

237,566cch Section 566cch. 609.01 (1c) of the statutes is created to read:

609.01 (1c) “Emergency medical condition" has the meaning given in s. 632.85 (1) (a).

237,566ccj Section 566ccj. 609.01 (1d) of the statutes is repealed and recreated to read:

609.01 (1d) “Enrollee" means, with respect to a managed care plan, preferred provider plan or limited service health organization, a person who is entitled to receive health care services under the plan.

237,566ccL Section 566ccL. 609.01 (1g) of the statutes is created to read:

609.01 (1g) (a) Except as provided in par. (b), “health benefit plan" means any hospital or medical policy or certificate.

(b) “Health benefit plan" does not include any of the following:

1. Coverage that is only accident or disability income insurance, or any combination of the 2 types.

2. Coverage issued as a supplement to liability insurance.

3. Liability insurance, including general liability insurance and automobile liability insurance.

4. Worker's compensation or similar insurance.

5. Automobile medical payment insurance.

6. Credit-only insurance.

7. Coverage for on-site medical clinics.

8. Other similar insurance coverage, as specified in regulations issued by the federal department of health and human services, under which benefits for medical care are secondary or incidental to other insurance benefits.

9. If provided under a separate policy, certificate or contract of insurance, or if otherwise not an integral part of the policy, certificate or contract of insurance: limited-scope dental or vision benefits; benefits for long-term care, nursing home care, home health care, community-based care, or any combination of those benefits; and such other similar, limited benefits as are specified in regulations issued by the federal department of health and human services under section 2791 of P.L. 104-191.

10. Hospital indemnity or other fixed indemnity insurance or coverage only for a specified disease or illness, if all of the following apply:

a. The benefits are provided under a separate policy, certificate or contract of insurance.

b. There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor.

c. Such benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor.

11. Other insurance exempted by rule of the commissioner.

237,566ccn Section 566ccn. 609.01 (2) of the statutes is amended to read:

609.01 (2) “Health maintenance organization" means a health care plan offered by an organization established under ch. 185, 611, 613 or 614 or issued a certificate of authority under ch. 618 that makes available to its enrolled participants enrollees, in consideration for predetermined periodic fixed payments, comprehensive health care services performed by providers selected by the organization participating in the plan.

237,566ccp Section 566ccp. 609.01 (3) of the statutes is amended to read:

609.01 (3) “Limited service health organization" means a health care plan offered by an organization established under ch. 185, 611, 613 or 614 or issued a certificate of authority under ch. 618 that makes available to its enrolled participants enrollees, in consideration for predetermined periodic fixed payments, a limited range of health care services performed by providers selected by the organization participating in the plan.

237,566ccr Section 566ccr. 609.01 (3c) of the statutes is created to read:

609.01 (3c) “Managed care plan" means a health benefit plan that requires an enrollee of the health benefit plan, or creates incentives, including financial incentives, for an enrollee of the health benefit plan, to use providers that are managed, owned, under contract with or employed by the insurer offering the health benefit plan.

237,566cct Section 566cct. 609.01 (3m) of the statutes is created to read:

609.01 (3m) “Participating" means, with respect to a physician or other provider, under contract with a managed care plan, preferred provider plan or limited service health organization to provide health care services, items or supplies to enrollees of the managed care plan, preferred provider plan or limited service health organization.

237,566ccv Section 566ccv. 609.01 (3r) of the statutes is created to read:

609.01 (3r) “Physician" has the meaning given in s. 448.01 (5).

237,566ccx Section 566ccx. 609.01 (4) of the statutes is amended to read:

609.01 (4) “Preferred provider plan" means a health care plan offered by an organization established under ch. 185, 611, 613 or 614 or issued a certificate of authority under ch. 618 that makes available to its enrolled participants enrollees, for consideration other than predetermined periodic fixed payments, either comprehensive health care services or a limited range of health care services performed by providers selected by the organization participating in the plan.

237,566ccz Section 566ccz. 609.01 (4m) of the statutes is created to read:

609.01 (4m) “Primary care physician" means a physician specializing in family medical practice, general internal medicine or pediatrics.

237,566cdd Section 566cdd. 609.01 (5) of the statutes is repealed and recreated to read:

609.01 (5) “Primary provider" means a participating primary care physician, or other participating provider authorized by the managed care plan, preferred provider plan or limited service health organization to serve as a primary provider, who coordinates and may provide ongoing care to an enrollee.

237,566cdf Section 566cdf. 609.01 (6) of the statutes is repealed and recreated to read:

609.01 (6) “Specialist physician" means a physician who is not a primary care physician.

237,566cdg Section 566cdg. 609.05 (1) of the statutes is amended to read:

609.05 (1) Except as provided in subs. (2) and (3), a health maintenance organization, limited service health organization or, preferred provider plan or managed care plan shall permit its enrolled participants enrollees to choose freely among selected participating providers.

237,566cdi Section 566cdi. 609.05 (2) of the statutes is amended to read:

609.05 (2) A health care plan under sub. (1) Subject to s. 609.22 (4), a limited service health organization, preferred provider plan or managed care plan may require an enrolled participant enrollee to designate a primary provider and to obtain health care services from the primary provider when reasonably possible.

237,566cdk Section 566cdk. 609.05 (3) of the statutes is amended to read:

609.05 (3) Except as provided in ss. 609.65 and 609.655, a health care plan under sub. (1) limited service health organization, preferred provider plan or managed care plan may require an enrolled participant enrollee to obtain a referral from the primary provider designated under sub. (2) to another selected participating provider prior to obtaining health care services from the other selected that participating provider.

237,566cdm Section 566cdm. 609.10 (1) (a) of the statutes is amended to read:

609.10 (1) (a) Except as provided in subs. (2) to (4), an employer that offers any of its employes a health maintenance organization or a preferred provider plan that provides comprehensive health care services shall also offer the employes a standard plan, as provided in pars. (b) and (c), that provides at least substantially equivalent coverage of health care expenses and that is not a health maintenance organization or a preferred provider plan.

237,566cdo Section 566cdo. 609.15 (1) (intro.) of the statutes is amended to read:

609.15 (1) (intro.) Each health maintenance organization, limited service health organization and , preferred provider plan and managed care plan shall do all of the following:

237,566cdq Section 566cdq. 609.15 (1) (a) of the statutes is amended to read:

609.15 (1) (a) Establish and use an internal grievance procedure that is approved by the commissioner and that complies with sub. (2) for the resolution of enrolled participants' enrollees' grievances with the health care limited service health organization, preferred provider plan or managed care plan.

237,566cds Section 566cds. 609.15 (1) (b) of the statutes is amended to read:

609.15 (1) (b) Provide enrolled participants enrollees with complete and understandable information describing the internal grievance procedure under par. (a).

237,566cdu Section 566cdu. 609.15 (2) (a) of the statutes is amended to read:

609.15 (2) (a) The opportunity for an enrolled participant enrollee to submit a written grievance in any form.

237,566cdw Section 566cdw. 609.15 (2) (b) of the statutes is amended to read:

609.15 (2) (b) Establishment of a grievance panel for the investigation of each grievance submitted under par. (a), consisting of at least one individual authorized to take corrective action on the grievance and at least one enrolled participant enrollee other than the grievant, if an enrolled participant enrollee is available to serve on the grievance panel.

237,566cdy Section 566cdy. 609.17 of the statutes is amended to read:

609.17 Reports of disciplinary action. Every health maintenance organization, limited service health organization and, preferred provider plan and managed care plan shall notify the medical examining board or appropriate affiliated credentialing board attached to the medical examining board of any disciplinary action taken against a selected participating provider who holds a license or certificate granted by the board or affiliated credentialing board.

237,566cfc Section 566cfc. 609.20 (intro.) of the statutes is amended to read:

609.20 (title) Rules for preferred provider and managed care plans. (intro.) The commissioner shall promulgate rules applicable relating to preferred provider plans and managed care plans for all of the following purposes:

237,566cfe Section 566cfe. 609.20 (1) of the statutes is amended to read:

609.20 (1) To ensure that enrolled participants enrollees are not forced to travel excessive distances to receive health care services.

237,566cfg Section 566cfg. 609.20 (2) of the statutes is amended to read:

609.20 (2) To ensure that the continuity of patient care for enrolled participants is not disrupted enrollees meets the requirements under s. 609.24.

237,566cfi Section 566cfi. 609.20 (4) of the statutes is amended to read:

609.20 (4) To ensure that employes offered a health maintenance organization or a preferred provider plan that provides comprehensive services under s. 609.10 (1) (a) are given adequate notice of the opportunity to enroll and, as well as complete and understandable information under s. 609.10 (1) (c) concerning the differences between the health maintenance organization or preferred provider plan and the standard plan, including differences between providers available and differences resulting from special limitations or requirements imposed by an institutional provider because of its affiliation with a religious organization.

237,566cfk Section 566cfk. 609.22 of the statutes is created to read:

609.22 Access standards. (1) Providers. A managed care plan shall include a sufficient number, and sufficient types, of providers to meet the anticipated needs of its enrollees, with respect to covered benefits.

(2) Adequate choice. A managed care plan shall ensure that, with respect to covered benefits, each enrollee has adequate choice among participating providers and that the providers are accessible and qualified.

(3) Primary provider selection. A managed care plan shall permit each enrollee to select his or her own primary provider from a list of participating primary care physicians and any other participating providers that are authorized by the managed care plan to serve as primary providers. The list shall be updated on an ongoing basis and shall include a sufficient number of primary care physicians and any other participating providers authorized by the plan to serve as primary providers who are accepting new enrollees.

(4) Specialist providers. (a) A managed care plan shall allow all enrollees under the plan to have access to specialist physicians on a timely basis when specialty medical care is warranted, with respect to covered benefits. An enrollee shall be allowed to choose among participating specialist physicians, within the limitations of the managed care plan, when a referral is made for specialty care, with respect to covered benefits. A managed care plan shall clearly disclose to enrollees any limitations.

(b) If the treatment of a specific condition for which coverage is provided under the plan requires the services of a particular type of specialist physician and a managed care plan has no participating specialist physicians of that type, the managed care plan shall provide enrollees with the specific condition with coverage for the services of nonparticipating specialist physicians of that type.

(c) 1. If a managed care plan requires a referral to a specialist physician for coverage of the specialist physician's services, the managed care plan shall establish a procedure by which an enrollee may apply for a standing referral to a specialist physician. The procedure must specify the criteria and conditions that must be met in order for an enrollee to obtain a standing referral.

2. A managed care plan may require the enrollee's primary provider to remain responsible for coordinating the care of an enrollee who receives a standing referral to a specialist physician. A managed care plan may restrict the specialist physician from making any secondary referrals without prior approval by the enrollee's primary provider. If an enrollee requests primary care services from a specialist physician to whom the enrollee has a standing referral, the specialist physician, in agreement with the enrollee and the enrollee's primary provider, may provide primary care services to the enrollee in accordance with procedures established by the managed care plan.