AB365-SSA3,53 15Section 53 . 71.47 (5g) (a) of the statutes is amended to read:
AB365-SSA3,20,1816 71.47 (5g) (a) Definitions. In this subsection, “claimant" means an insurer, as
17defined in s. 149.10 (5), 2011 stats., or s. 656.01 (17), who files a claim under this
18subsection.
AB365-SSA3,54 19Section 54 . 71.47 (5g) (b) of the statutes is renumbered 71.47 (5g) (b) 1. and
20amended to read:
AB365-SSA3,21,221 71.47 (5g) (b) 1. Subject to the limitations provided under this subsection, for
22taxable years beginning after December 31, 2005, and before January 1, 2015, a
23claimant may claim as a credit against the taxes imposed under s. 71.43 an amount
24that is equal to the amount of assessment under s. 149.13, 2011 stats., that the

1claimant paid in the claimant's taxable year, multiplied by the percentage
2determined under par. (c) 1. a.
AB365-SSA3,55 3Section 55 . 71.47 (5g) (b) 2. of the statutes is created to read:
AB365-SSA3,21,84 71.47 (5g) (b) 2. Subject to the limitations provided under this subsection, for
5taxable years beginning after December 31, 2018, a claimant may claim as a credit
6against the taxes imposed under s. 71.43 an amount that is equal to the amount of
7the assessment under s. 656.15 that the claimant paid in the claimant's taxable year,
8multiplied by the percentage determined under par. (c) 1. b.
AB365-SSA3,56 9Section 56 . 71.47 (5g) (c) 1. of the statutes is renumbered 71.47 (5g) (c) 1. a.
10and amended to read:
AB365-SSA3,21,2311 71.47 (5g) (c) 1. a. The department of revenue, in consultation with the office
12of the commissioner of insurance, shall determine the percentage under par. (b) 1.
13for each claimant for each taxable year. The percentage shall be equal to $5,000,000
14divided by the aggregate assessment under s. 149.13, 2011 stats., except that for
15taxable years beginning after December 31, 2013, and before January 1, 2015, the
16percentage shall be equal to $1,250,000 divided by the aggregate assessment under
17s. 149.13, 2011 stats., and shall not exceed 100 percent. The office of the
18commissioner of insurance shall provide to each claimant that participates in the
19cost of administering the plan the aggregate assessment at the time that it notifies
20the claimant of the claimant's assessment. The aggregate amount of the credit under
21this subsection par. (b) 1. and ss. 71.07 (5g) (b) 1., 71.28 (5g) (b) 1., and 76.655 (2) (a)
22for all claimants participating in the cost of administering the plan under ch. 149,
232011 stats., shall not exceed $5,000,000 in each fiscal year.
AB365-SSA3,57 24Section 57 . 71.47 (5g) (c) 1. b. of the statutes is created to read:
AB365-SSA3,22,10
171.47 (5g) (c) 1. b. The department of revenue, in consultation with the office
2of the commissioner of insurance, shall determine the percentage under par. (b) 2.
3for each claimant for each taxable year. The percentage shall be equal to $1,250,000
4divided by the aggregate assessment under s. 656.15 and shall not exceed 100
5percent. The office of the commissioner of insurance shall provide to each claimant
6that participates in the cost of administering the plan the aggregate assessment at
7the time that it notifies the claimant of the claimant's assessment. The aggregate
8amount of the credit under par. (b) 2. and ss. 71.07 (5g) (b) 2., 71.28 (5g) (b) 2., and
976.655 (2) (b) for all claimants participating in the cost of administering the plan
10under ch. 656, shall not exceed $5,000,000 in each fiscal year.
AB365-SSA3,58 11Section 58 . 71.47 (5g) (c) 3. of the statutes is amended to read:
AB365-SSA3,22,1612 71.47 (5g) (c) 3. The amount of any credits that a claimant is awarded under
13this subsection par. (b) 1. for taxable years beginning after December 31, 2005, and
14before January 1, 2008, may first be claimed against the tax imposed under this
15subchapter for taxable years beginning after December 31, 2007, and in the manner
16determined by the department of revenue.
AB365-SSA3,59 17Section 59 . 71.47 (5g) (d) 2. of the statutes is amended to read:
AB365-SSA3,22,2118 71.47 (5g) (d) 2. No credit may be claimed under this subsection par. (b) 1. for
19taxable years beginning after December 31, 2014. Credits under this subsection for
20taxable years that begin before January 1, 2015, may be carried forward to taxable
21years that begin after December 31, 2014.
AB365-SSA3,60 22Section 60 . 76.655 (1) of the statutes is amended to read:
AB365-SSA3,22,2423 76.655 (1) Definitions. In this section, “claimant" means an insurer, as defined
24in s. 149.10 (5), 2011 stats., or in s. 656.01 (17), who files a claim under this section.
AB365-SSA3,61
1Section 61. 76.655 (2) of the statutes is renumbered 76.655 (2) (a) and
2amended to read:
AB365-SSA3,23,83 76.655 (2) (a) Filing claims. Subject to the limitations provided under this
4section, for taxable years beginning after December 31, 2005, and before January 1,
52015, a claimant may claim as a credit against the fees imposed under ss. 76.60,
676.63, 76.65, 76.66 or 76.67 an amount that is equal to the amount of assessment
7under s. 149.13, 2011 stats., that the claimant paid in the claimant's taxable year,
8multiplied by the percentage determined under sub. (3) (a) 1.
AB365-SSA3,62 9Section 62 . 76.655 (2) (b) of the statutes is created to read:
AB365-SSA3,23,1410 76.655 (2) (b) Subject to the limitations provided under this section, for taxable
11years beginning after December 31, 2018, a claimant may claim as a credit against
12the fees imposed under ss. 76.60, 76.63, 76.65, 76.66 or 76.67 an amount that is equal
13to the amount of assessment under s. 656.15 that the claimant paid in the claimant's
14taxable year, multiplied by the percentage determined under sub. (3) (a) 2.
AB365-SSA3,63 15Section 63 . 76.655 (3) (a) of the statutes is renumbered 76.655 (3) (a) 1. and
16amended to read:
AB365-SSA3,24,417 76.655 (3) (a) 1. The department of revenue, in consultation with the office of
18the commissioner of insurance, shall determine the percentage under sub. (2) (a) for
19each claimant for each taxable year. The percentage shall be equal to $5,000,000
20divided by the aggregate assessment under s. 149.13, 2011 stats., except that for
21taxable years beginning after December 31, 2013, and before January 1, 2015, the
22percentage shall be equal to $1,250,000 divided by the aggregate assessment under
23s. 149.13, 2011 stats., and shall not exceed 100 percent. The office of the
24commissioner of insurance shall provide to each claimant that participates in the
25cost of administering the plan the aggregate assessment at the time that it notifies

1the claimant of the claimant's assessment. The aggregate amount of the credit under
2this subsection sub. (2) (a) and ss. 71.07 (5g) (b) 1., 71.28 (5g) (b) 1., and 71.47 (5g)
3(b) 1. for all claimants participating in the cost of administering the plan under ch.
4149, 2011 stats., shall not exceed $5,000,000 in each fiscal year.
AB365-SSA3,64 5Section 64 . 76.655 (3) (a) 2. of the statutes is created to read:
AB365-SSA3,24,156 76.655 (3) (a) 2. The department of revenue, in consultation with the office of
7the commissioner of insurance, shall determine the percentage under sub. (2) (b) for
8each claimant for each taxable year. The percentage shall be equal to $1,250,000
9divided by the aggregate assessment under s. 656.15 and shall not exceed 100
10percent. The office of the commissioner of insurance shall provide to each claimant
11that participates in the cost of administering the plan the aggregate assessment at
12the time that it notifies the claimant of the claimant's assessment. The aggregate
13amount of the credit under sub. (2) (b) and ss. 71.07 (5g) (b) 2., 71.28 (5g) (b) 2., and
1471.47 (5g) (b) 2. for all claimants participating in the cost of administering the plan
15under ch. 656 shall not exceed $5,000,000 in each fiscal year.
AB365-SSA3,65 16Section 65 . 76.655 (3) (b) of the statutes is amended to read:
AB365-SSA3,24,2117 76.655 (3) (b) The amount of any credits that a claimant is awarded under this
18section
sub. (2) (a) for taxable years beginning after December 31, 2005, and before
19January 1, 2008, may first be claimed against the fees imposed under ss. 76.60,
2076.63, 76.65, or 76.67 for taxable years beginning after December 31, 2007, and in
21the manner determined by the department of revenue.
AB365-SSA3,66 22Section 66 . 76.655 (5) of the statutes is amended to read:
AB365-SSA3,25,223 76.655 (5) Sunset. No credit may be claimed under this section sub. (2) (a) for
24taxable years beginning after December 31, 2014. Credits under this section for

1taxable years that begin before January 1, 2015, may be carried forward to taxable
2years that begin after December 31, 2014.
AB365-SSA3,67 3Section 67. 77.54 (9a) (a) of the statutes is amended to read:
AB365-SSA3,25,74 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
5Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority,
6the Wisconsin Aerospace Authority, the Wisconsin Economic Development
7Corporation, and the Fox River Navigational System Authority.
AB365-SSA3,68 8Section 68. 101.055 (2) (a) of the statutes is amended to read:
AB365-SSA3,25,139 101.055 (2) (a) “Agency" means an office, department, independent agency,
10authority, institution, association, society, or other body in state government created
11or authorized to be created by the constitution or any law, and includes the
12legislature and the courts, but excludes the Health Insurance Risk-Sharing Plan
13Authority
.
AB365-SSA3,69 14Section 69. 177.075 (3) of the statutes is repealed.
AB365-SSA3,70 15Section 70. 230.03 (3) of the statutes is amended to read:
AB365-SSA3,25,2516 230.03 (3) “Agency" means any board, commission, committee, council, or
17department in state government or a unit thereof created by the constitution or
18statutes if such board, commission, committee, council, department, unit, or the
19head thereof, is authorized to appoint subordinate staff by the constitution or
20statute, except the Board of Regents of the University of Wisconsin System, a
21legislative or judicial board, commission, committee, council, department, or unit
22thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 656 or
23under ch. 231, 232, 233, 234, 237, 238, or 279. “Agency" does not mean any local unit
24of government or body within one or more local units of government that is created
25by law or by action of one or more local units of government.
AB365-SSA3,71
1Section 71. 230.80 (4) of the statutes is amended to read:
AB365-SSA3,26,82 230.80 (4) “Governmental unit" means any association, authority, board,
3commission, department, independent agency, institution, office, society, or other
4body in state government created or authorized to be created by the constitution or
5any law, including the legislature, the office of the governor, and the courts, excluding
6the Health Insurance Risk-Sharing Plan Authority
. “Governmental unit" does not
7mean any political subdivision of the state or body within one or more political
8subdivisions that is created by law or by action of one or more political subdivisions.
AB365-SSA3,72 9Section 72. 230.90 (1) (c) of the statutes is amended to read:
AB365-SSA3,26,1710 230.90 (1) (c) “Governmental unit" means any association, authority, board,
11commission, department, independent agency, institution, office, society or other
12body in state government created or authorized to be created by the constitution or
13any law, including the legislature, the office of the governor and the courts.
14“Governmental unit" does not mean the University of Wisconsin Hospitals and
15Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, or any
16political subdivision of the state or body within one or more political subdivisions
17which is created by law or by action of one or more political subdivisions.
AB365-SSA3,73 18Section 73 . 601.41 (1) of the statutes is amended to read:
AB365-SSA3,26,2219 601.41 (1) Duties. The commissioner shall administer and enforce chs. 600 to
20655 and ss. 59.52 (11) (c), 66.0137 (4) and (4m), 100.203, and 120.13 (2) (b) to (g), and
21656.15
and shall act as promptly as possible under the circumstances on all matters
22placed before the commissioner.
AB365-SSA3,74 23Section 74 . 601.415 (12) of the statutes is amended to read:
AB365-SSA3,27,3
1601.415 (12) Health Insurance Risk-Sharing Plan. The commissioner shall
2perform the duties specified to be performed by the commissioner in s. 149.13, 2011
3stats., and s. 656.15 and under 2013 Wisconsin Act 20, section 9122 (1L) (b) 8.
AB365-SSA3,75 4Section 75 . 601.64 (1) of the statutes is amended to read:
AB365-SSA3,27,115 601.64 (1) Injunctions and restraining orders. The commissioner may
6commence an action in circuit court in the name of the state to restrain by temporary
7or permanent injunction or by temporary restraining order any violation of chs. 600
8to 655 or s. 149.13, 2011 stats., or s. 656.15, any rule promulgated under chs. 600 to
9655, or any order issued under s. 601.41 (4). The commissioner need not show
10irreparable harm or lack of an adequate remedy at law in an action commenced
11under this subsection.
AB365-SSA3,76 12Section 76 . 601.64 (3) (a) of the statutes is amended to read:
AB365-SSA3,27,1613 601.64 (3) (a) Restitutionary forfeiture. Whoever violates an effective order
14issued under s. 601.41 (4), any insurance statute or rule, or s. 149.13, 2011 stats., or
15s. 656.15
shall forfeit to the state twice the amount of any profit gained from the
16violation, in addition to any other forfeiture or penalty imposed.
AB365-SSA3,77 17Section 77 . 601.64 (3) (c) of the statutes is amended to read:
AB365-SSA3,27,2518 601.64 (3) (c) Forfeiture for violation of statute or rule. Whoever violates an
19insurance statute or rule or s. 149.13, 2011 stats., or s. 656.15 intentionally aids a
20person in violating an insurance statute or rule or s. 149.13, 2011 stats., or s. 656.15
21or knowingly permits a person over whom he or she has authority to violate an
22insurance statute or rule or s. 149.13, 2011 stats., or s. 656.15 shall forfeit to the state
23not more than $1,000 for each violation. If the statute or rule imposes a duty to make
24a report to the commissioner, each week of delay in complying with the duty is a new
25violation.
AB365-SSA3,78
1Section 78. 601.64 (4) of the statutes is amended to read:
AB365-SSA3,28,72 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally
3permits any person over whom he or she has authority to violate or intentionally aids
4any person in violating any insurance statute or rule of this state, s. 149.13, 2011
5stats., or s. 656.15 or any effective order issued under s. 601.41 (4) is guilty of a Class
6I felony, unless a specific penalty is provided elsewhere in the statutes. Intent has
7the meaning expressed under s. 939.23.
AB365-SSA3,79 8Section 79. 613.03 (5) of the statutes is created to read:
AB365-SSA3,28,119 613.03 (5) Health Insurance Risk-Sharing Plan. Service insurance
10corporations organized or operating under this chapter are subject to the
11requirements that apply to insurers and insurance under ch. 656.
AB365-SSA3,80 12Section 80. 631.20 (1) (c) 5m. of the statutes is created to read:
AB365-SSA3,28,1313 631.20 (1) (c) 5m. A form filed under ch. 656.
AB365-SSA3,81 14Section 81. 631.20 (2) (g) of the statutes is created to read:
AB365-SSA3,28,1615 631.20 (2) (g) In the case of a policy form under ch. 656, that any of the following
16applies:
AB365-SSA3,28,1817 1. The benefit design is not comparable to a typical comprehensive individual
18health insurance policy offered in the private sector market in this state.
AB365-SSA3,28,2119 2. The benefit levels are not generally reflective of and commensurate with
20comprehensive health insurance coverage offered in the private individual market
21in this state.
AB365-SSA3,28,2322 3. The copayments, deductibles, and coinsurance are not actuarially equivalent
23to comprehensive individual plans and would create undue financial hardship.
AB365-SSA3,28,2524 4. It is inconsistent with the purpose of providing health care coverage to those
25unable to obtain coverage in the private market.
AB365-SSA3,82
1Section 82. 631.36 (7) (c) of the statutes is created to read:
AB365-SSA3,29,42 631.36 (7) (c) Notice of cancellation or nonrenewal required under sub. (2) (b)
3or (4) is not effective unless the notice contains the notice required under s. 632.784,
4if applicable.
AB365-SSA3,83 5Section 83. 632.7495 (4) (c) of the statutes is amended to read:
AB365-SSA3,29,136 632.7495 (4) (c) The coverage term aggregated with all consecutive periods of
7the insurer's coverage of the insured by individual health benefit plan coverage not
8required to be renewed under this subsection does not exceed 18 months. For
9purposes of this paragraph, coverage periods are consecutive if there are no more
10than 63 days between the coverage periods. This paragraph does not apply if
11provisions of the federal Patient Protection and Affordable Care Act, P.L. 111-148,
12under 42 USC 300gg to 300gg-4 are no longer enforceable or no longer preempt state
13law relating to individual health insurance policies.
AB365-SSA3,84 14Section 84. 632.784 of the statutes is created to read:
AB365-SSA3,29,21 15632.784 Notice of Health Insurance Risk-Sharing Plan. (1) If an insurer
16issues one or more of the following or takes any other action based wholly or partially
17on medical underwriting considerations which is likely to render any person eligible
18under s. 656.12 for coverage under ch. 656, the insurer shall notify all persons
19affected of the existence of the mandatory health insurance risk-sharing plan under
20ch. 656, as well as the eligibility requirements and method of applying for coverage
21under the plan:
AB365-SSA3,29,2222 (a) A notice of rejection or cancellation of coverage.
AB365-SSA3,30,223 (b) A notice of reduction or limitation of coverage, including restrictive riders,
24if the effect of the reduction or limitation is to substantially reduce coverage

1compared to the coverage available to a person considered a standard risk for the
2type of coverage provided by the plan.
AB365-SSA3,30,53 (c) A notice of increase in premium exceeding the premium then in effect for
4the insured person by 50 percent or more, unless the increase applies to substantially
5all of the insurer's health insurance policies then in effect.
AB365-SSA3,30,86 (d) A notice of premium for a policy not yet in effect which exceeds the premium
7applicable to a person considered a standard risk by 50 percent or more for the types
8of coverage provided by the plan.
AB365-SSA3,30,10 9(2) Any notice issued under sub. (1) shall also state the reasons for the rejection,
10termination, cancellation, or imposition of underwriting restrictions.
AB365-SSA3,85 11Section 85. 646.01 (1) (a) 2. k. of the statutes is amended to read:
AB365-SSA3,30,1212 646.01 (1) (a) 2. k. Risk-sharing plans under ch. chs. 619 and 656.
AB365-SSA3,86 13Section 86 . Chapter 656 of the statutes is created to read:
AB365-SSA3,30,1514 Chapter 656
15 Health insurance risk-sharing plans
AB365-SSA3,30,1716 SUBCHAPTER I
17 general provisions
AB365-SSA3,30,18 18656.01 Definitions. In this chapter:
AB365-SSA3,30,19 19(1) “Authority” means the Health Insurance Risk-Sharing Plan Authority.
AB365-SSA3,30,20 20(2) “Board” means the board of directors of the authority.
AB365-SSA3,30,21 21(3) “Church plan” has the meaning given in 29 USC 1002 (33).
AB365-SSA3,30,22 22(4) “Commissioner” means the commissioner of insurance.
AB365-SSA3,30,23 23(5) “Creditable coverage” has the meaning given in s. 632.745 (4).
AB365-SSA3,31,3
1(6) “Eligible person” means a person who is certified as eligible under s. 656.12
2(1), whether or not the person is legally responsible for the payment of medical
3expenses incurred on the person's behalf.
AB365-SSA3,31,4 4(7) “Federal continuation provision” has the meaning given in s. 632.745 (8).
AB365-SSA3,31,7 5(8) “Federal governmental plan” means a benefit program established or
6maintained for its employees by the government of the United States or by any
7agency or instrumentality of the government of the United States.
AB365-SSA3,31,9 8(9) “Fund” means the Health Insurance Risk-Sharing Plan fund under s.
9656.10 (2).
AB365-SSA3,31,10 10(10) “Governmental plan” has the meaning given under 29 USC 1002 (32).
AB365-SSA3,31,11 11(11) “Group health plan” has the meaning given in s. 632.745 (10).
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