LRB-2123/1
PJK:wlj:jf
1999 - 2000 LEGISLATURE
June 1, 1999 - Introduced by Senators Moore, Plache, Rosenzweig, Risser,
Clausing, George
and Erpenbach, cosponsored by Representatives Berceau,
Richards, Bock, Black, Krug, Johnsrud, Wasserman, Young, Boyle, Schooff,
Sinicki, Miller, Pocan, Travis, Turner
and Carpenter. Referred to
Committee on Human Services and Aging.
SB182,1,4 1An Act to amend 40.51 (8), 40.51 (8m), 60.23 (25), 66.184, 111.91 (2) (n), 120.13
2(2) (g), 185.981 (4t) and 185.983 (1) (intro.); and to create 609.73 and 632.895
3(14) of the statutes; relating to: requiring health insurance policies to cover
4contraceptive articles and services.
Analysis by the Legislative Reference Bureau
This bill requires every health insurance policy (called "disability insurance
policy" in the statutes), including managed care plans and health care plans offered
by the state, and every self-insured health plan of a school district, county, city or
village, to provide coverage for contraceptive articles and services if the policy or plan
covers outpatient health care services. Contraceptive articles include any drug or
device that is approved by the federal food and drug administration (FDA) and
prescribed by a licensed health care provider for use to prevent a pregnancy and any
hormonal compound that is taken orally and approved by the FDA for use to prevent
a pregnancy. A contraceptive article, however, does not include any drug or device
that is prescribed for use in terminating a pregnancy of a woman who is known to
be pregnant by the prescribing health care provider. Contraceptive services include
medical procedures performed to prevent a pregnancy and physical examinations
and medical counseling for the prescription or use of a contraceptive article.
Specifically excluded from this coverage requirement are health insurance policies
that cover only certain specified diseases, limited service health care plans, medicare
replacement and supplement policies and long-term care insurance policies.

Deductibles and copayments that apply generally to the policy or plan may apply to
contraceptive articles and services.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB182, s. 1 1Section 1. 40.51 (8) of the statutes is amended to read:
SB182,2,52 40.51 (8) Every health care coverage plan offered by the state under sub. (6)
3shall comply with ss. 631.89, 631.90, 631.93 (2), 632.72 (2), 632.746 (1) to (8) and (10),
4632.747, 632.748, 632.85, 632.853, 632.855, 632.87 (3) to (5), 632.895 (5m) and (8) to
5(13) (14) and 632.896.
SB182, s. 2 6Section 2. 40.51 (8m) of the statutes is amended to read:
SB182,2,97 40.51 (8m) Every health care coverage plan offered by the group insurance
8board under sub. (7) shall comply with ss. 632.746 (1) to (8) and (10), 632.747,
9632.748, 632.85, 632.853, 632.855 and 632.895 (11) to (13) (14).
SB182, s. 3 10Section 3. 60.23 (25) of the statutes is amended to read:
SB182,2,1411 60.23 (25) Self-insured health plans. Provide health care benefits to its
12officers and employes on a self-insured basis if the self-insured plan complies with
13ss. 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85,
14632.853, 632.855, 632.87 (4) and (5), 632.895 (9) and (11) to (13) (14) and 632.896.
SB182, s. 4 15Section 4. 66.184 of the statutes is amended to read:
SB182,3,2 1666.184 Self-insured health plans. If a city, including a 1st class city, or a
17village provides health care benefits under its home rule power, or if a town provides
18health care benefits, to its officers and employes on a self-insured basis, the
19self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
20632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5),

1632.895 (9) to (13) (14), 632.896, 767.25 (4m) (d), 767.51 (3m) (d) and 767.62 (4) (b)
24.
SB182, s. 5 3Section 5. 111.91 (2) (n) of the statutes is amended to read:
SB182,3,54 111.91 (2) (n) The provision to employes of the health insurance coverage
5required under s. 632.895 (11) to (13) (14).
SB182, s. 6 6Section 6. 120.13 (2) (g) of the statutes is amended to read:
SB182,3,107 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss.
849.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3),
9632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13) (14), 632.896, 767.25
10(4m) (d), 767.51 (3m) (d) and 767.62 (4) (b) 4.
SB182, s. 7 11Section 7. 185.981 (4t) of the statutes is amended to read:
SB182,3,1512 185.981 (4t) A sickness care plan operated by a cooperative association is
13subject to ss. 252.14, 631.89, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855,
14632.87 (2m), (3), (4) and (5), 632.895 (10) to (13) (14) and 632.897 (10) and chs. 149
15and 155.
SB182, s. 8 16Section 8. 185.983 (1) (intro.) of the statutes is amended to read:
SB182,3,2217 185.983 (1) (intro.) Every such voluntary nonprofit sickness care plan shall be
18exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41,
19601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72
20(2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87
21(2m), (3), (4) and (5), 632.895 (5) and (9) to (13) (14), 632.896 and 632.897 (10) and
22chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:
SB182, s. 9 23Section 9. 609.73 of the statutes is created to read:
SB182,3,25 24609.73 Coverage of contraceptive articles and services. Managed care
25plans are subject to s. 632.895 (14).
SB182, s. 10
1Section 10. 632.895 (14) of the statutes is created to read:
SB182,4,112 632.895 (14) Contraceptive articles and services. (a) In this subsection,
3"contraceptive article" means any drug, medicine, mixture, preparation, instrument,
4article or device of any nature that is approved by the federal food and drug
5administration for use to prevent a pregnancy and that is prescribed by a licensed
6health care provider for use to prevent a pregnancy, or any hormonal compound that
7is taken orally and that is approved by the federal food and drug administration for
8use to prevent a pregnancy. "Contraceptive article" does not include any drug,
9medicine, mixture, preparation, instrument, article or device of any nature
10prescribed for use in terminating the pregnancy of a woman who is known by the
11prescribing licensed health care provider to be pregnant.
SB182,4,1412 (b) Every disability insurance policy, and every self-insured health plan of a
13county, city, village or school district, that provides coverage of outpatient health care
14services shall provide coverage for all of the following:
SB182,4,1515 1. Contraceptive articles.
SB182,4,1716 2. Medical services, including counseling and physical examinations, for the
17prescription or use of a contraceptive article or of a procedure to prevent a pregnancy.
SB182,4,1818 3. Medical procedures performed to prevent a pregnancy.
SB182,4,2119 (c) Coverage under this subsection may be subject to exclusions or limitations,
20including copayments and deductibles, that apply generally to the benefits that are
21provided under the policy or plan.
SB182,4,2222 (d) This subsection does not apply to any of the following:
SB182,4,2323 1. A disability insurance policy that covers only certain specified diseases.
SB182,5,3
12. A health care plan offered by a limited service health organization, as defined
2in s. 609.01 (3), or by a preferred provider plan, as defined in s. 609.01 (4), that is not
3a managed care plan, as defined in s. 609.01 (3c).
SB182,5,54 3. A medicare replacement policy, a medicare supplement policy or a long-term
5care insurance policy.
SB182, s. 11 6Section 11. Initial applicability.
SB182,5,77 (1) This act first applies to all of the following:
SB182,5,108 (a) Except as provided in paragraphs (b) and (c), disability insurance policies
9that are issued or renewed, and self-insured health plans that are established,
10extended, modified or renewed, on the effective date of this paragraph.
SB182,5,1311 (b) Disability insurance policies covering employes who are affected by a
12collective bargaining agreement containing provisions inconsistent with this act
13that are issued or renewed on the earlier of the following:
SB182,5,14 141. The day on which the collective bargaining agreement expires.
SB182,5,16 152. The day on which the collective bargaining agreement is extended, modified
16or renewed.
SB182,5,1917 (c) Self-insured health plans covering employes who are affected by a collective
18bargaining agreement containing provisions inconsistent with this act that are
19established, extended, modified or renewed on the earlier of the following:
SB182,5,20 201. The day on which the collective bargaining agreement expires.
SB182,5,22 212. The day on which the collective bargaining agreement is extended, modified
22or renewed.
SB182, s. 12 23Section 12. Effective date.
SB182,6,2
1(1) This act takes effect on the first day of the 6th month beginning after
2publication.
SB182,6,33 (End)
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