2009 Wisconsin Act 165

165,13 Section 13. 185.981 (4t) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

165,14 Section 14. 185.981 (5) of the statutes is amended to read:

185.981 (5) Every such cooperative association organized under this section is a charitable and benevolent corporation.

165,15 Section 15. 185.981 (6) of the statutes is repealed.

165,16 Section 16. 185.981 (7) of the statutes is amended to read:

185.981 (7) Notwithstanding sub. (4) and s. ss. 185.982 (1) and 185.983 (1), a sickness health care plan that is operated by a cooperative association and that qualifies as a health maintenance organization, as defined in s. 609.01 (2), is subject to s. 609.655.

165,17 Section 17. 185.981 (8) of the statutes is amended to read:

185.981 (8) A sickness care plan operated by a cooperative association is subject to s. 632.895 (8). Coverage by a health care plan operated by a cooperative association that qualifies as a health maintenance organization, as defined in s. 609.01 (2), of mammograms under s. 632.895 (8) may be subject to any requirements that the sickness health care plan imposes under s. 609.05 (2) and (3) on the coverage of other health care services obtained by members and their dependents.

165,18 Section 18. 185.981 (9) of the statutes is amended to read:

185.981 (9) Every cooperative sickness care association organized under this section that provides coverage for dependent children of members shall provide coverage for adopted children and children placed for adoption, as required under s. 632.896. Coverage by a health care plan operated by a cooperative association that qualifies as a health maintenance organization, as defined in s. 609.01 (2), of health care services obtained by adopted children and children placed for adoption may be subject to any requirements that the sickness health care plan imposes under s. 609.05 (2) and (3) on the coverage of health care services obtained by other members and their dependents.

165,19 Section 19. 185.982 (1) of the statutes, as affected by 2009 Wisconsin Act 113, is amended to read:

185.982 (1) No sickness health care plan or contract issued thereunder by such a cooperative association shall interfere with the manner or mode of the practice of medicine, optometry, chiropractic, dentistry, or podiatry, the manner or mode of providing wellness or other services, the relationship of physician, chiropractor, optometrist, dentist, or podiatrist, or other provider and patient, nor the responsibility of physician, chiropractor, optometrist, dentist, or podiatrist, or other provider to patient. A plan Plans may require persons covered to utilize health care providers designated by the cooperative association. The cooperative association may provide health care services directly through providers who are employees of the cooperative association or through agreements with individual providers or groups of providers organized on a group practice or individual practice basis. In making such agreements, no plan may refuse to provide coverage for vision care services or procedures provided by an optometrist licensed under ch. 449 within the scope of the practice of optometry, as defined in s. 449.01 (1), if the plan provides coverage for the same services or procedures when provided by another health care provider.

165,20 Section 20. 185.982 (2) of the statutes is amended to read:

185.982 (2) Any cooperative association operating a voluntary sickness health care plan plans under the provisions of this chapter may pay physicians and surgeons, optometrists, chiropractors or, dentists , or other providers on a salary, per person, or fee-for-service basis to provide sickness health care to members of such the association. Every cooperative association shall contract only with its own members for the benefits of any plan which it operates, but any may offer its health care services to nonmembers. Any cooperative association which that operates a hospital may make the hospital's facilities thereof available to nonmembers and to nonparticipating physicians, optometrists or, dentists, or other providers.

165,21 Section 21. 185.982 (3) of the statutes is repealed.

165,22 Section 22. 185.983 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

185.983 (1) (intro.) Every such voluntary nonprofit sickness health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2), (2m), (3), (4), (5), and (6), 632.885, 632.895 (5) and (9) (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

165,23 Section 23. 185.983 (1) (a) of the statutes is amended to read:

185.983 (1) (a) File with the commissioner of insurance a declaration defining the organization and operation of the plan, all printed literature, and specimen copies of all proposed contracts of insurance with persons covered and with participating physicians and, hospitals, and other providers, including all amendments thereto. The form of all such contracts and amendments shall be subject to approval by the commissioner of insurance but the commissioner may not withhold approval if the form of such the contracts or changes therein in the contracts comply with the provisions of ss. 185.981 to 185.985.

165,24 Section 24. 185.983 (1m) of the statutes is amended to read:

185.983 (1m) In addition to ss. 601.04, 601.31, 632.79, and 632.895 (5), the commissioner of insurance may by rule subject a medicare supplement policy, as defined in s. 600.03 (28r), a medicare replacement policy, as defined in s. 600.03 (28p), or a long-term care insurance policy, as defined in s. 600.03 (28g), that is sold by a voluntary nonprofit sickness cooperative health care plan association organized under s. 185.981 to other provisions of chs. 600 to 646, except that the commissioner may not subject a medicare supplement policy, a medicare replacement policy, or a long-term care insurance policy to s. 632.895 (8).

165,25 Section 25. 185.983 (2) of the statutes is amended to read:

185.983 (2) Every such voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall make provision for a minimum of one physician and surgeon, or dentist to each 2,000 persons covered for medical or dental care and a minimum of 6 hospital beds for each 2,000 persons covered for hospital care.

165,26 Section 26. 185.985 of the statutes is amended to read:

185.985 Inconsistent provisions of the statutes. Sickness Health care or hospital plans operated by cooperative associations organized under this chapter shall be operated exclusively under the provisions of ss. 185.981 to 185.985. Other provisions of the statutes that are inconsistent with any of such those provisions shall not be applicable to cooperative associations or sickness health care plans operated by cooperative associations pursuant to under this chapter.

165,27 Section 27. 252.14 (1) (ar) 12. of the statutes is amended to read:

252.14 (1) (ar) 12. An operational A cooperative sickness health care plan association organized under ss. s. 185.981 to 185.985 that directly provides services through salaried employees in its own facility.

165,28 Section 28. 254.11 (13) of the statutes is amended to read:

254.11 (13) "Third-party payer" means a disability insurance policy that is required to provide coverage for a blood lead test under s. 632.895 (10) (a); a health maintenance organization or preferred provider plan under ch. 609; a health care coverage plan offered by the state under s. 40.51 (6); a self-insured health plan offered by a city or village under s. 66.0137 (4), a political subdivision under s. 66.0137 (4m), a town under s. 60.23 (25), a county under s. 59.52 (11) (c), or a school district under s. 120.13 (2) (b); or a sickness health care plan operated by a cooperative association organized under s. 185.981.

165,29 Section 29. 632.86 (1) (a) of the statutes is amended to read:

632.86 (1) (a) "Disability insurance policy" has the meaning given in s. 632.895 (1) (a), except that the term does not include coverage under a health maintenance organization, as defined in s. 609.01 (2), a limited service health organization, as defined in s. 609.01 (3), a preferred provider plan, as defined in s. 609.01 (4), or a sickness health care plan operated by a cooperative association organized under ss. s. 185.981 to 185.985.

165,30 Section 30. 655.002 (1) (f) of the statutes is amended to read:

655.002 (1) (f) A cooperative sickness health care association organized under ss. s. 185.981 to 185.985 that operates a nonprofit sickness health care plan plans in this state and that directly provides services through salaried employees in its own facility.

165,31 Section 31. Effective date.

(1) This act takes effect on January 1, 2010, or on the day after publication, whichever is later.