LRB-2062/1
PJK:jld:nwn
2007 - 2008 LEGISLATURE
April 13, 2007 - Introduced by Representatives Wieckert, M. Williams, Davis,
Pridemore, Owens, Tauchen, Black, Meyer, Nygren, Strachota, LeMahieu,
Jeskewitz, Ballweg, Lothian, Musser, Bies, J. Ott, Petrowski, Townsend, Van
Roy, Hines, Gunderson, Mursau, F. Lasee and Vos, cosponsored by Senators
Kapanke, Kanavas, Olsen, A. Lasee, Lazich, Roessler, Darling and
Grothman. Referred to Committee on Insurance.
AB264,1,3
1An Act to amend 655.27 (6) of the statutes;
relating to: prohibiting the transfer
2of moneys from the injured patients and families compensation fund for
3unintended purposes.
Analysis by the Legislative Reference Bureau
The health care liability provisions of the statutes require certain health care
providers to carry health care liability (medical malpractice) insurance with liability
limits of at least $1,000,000 for each occurrence and at least $3,000,000 for all
occurrences in a policy year. Any portion of a medical malpractice claim that exceeds
the policy limits is paid by the injured patients and families compensation fund
(fund) for health care providers that are subject to the health care liability
provisions. Money for the fund comes from annual fees paid by those health care
providers.
Current law provides that the fund is established to curb the rising costs of
health care by financing part of the liability incurred by health care providers, that
the fund is held in irrevocable trust for the sole benefit of health care providers and
proper claimants, and that the fund may not be used for any other purpose of the
state. This bill provides that, before January 1, 2020, moneys in the fund may not
be transferred from the fund to be used for any purpose not specifically stated under
current law as a use for moneys in the fund.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB264, s. 1
1Section
1. 655.27 (6) of the statutes is amended to read:
AB264,2,102
655.27
(6) Purpose and integrity of fund. The fund is established to curb the
3rising costs of health care by financing part of the liability incurred by health care
4providers as a result of medical malpractice claims and to ensure that proper claims
5are satisfied. The fund, including any net worth of the fund, is held in irrevocable
6trust for the sole benefit of health care providers participating in the fund and proper
7claimants. Moneys in the fund may not be used for any other purpose of the state.
8Before January 1, 2020, moneys may not be transferred from the fund to be used for
9any purpose not specified in this chapter or s. 20.145 (2) as a use for moneys in the
10fund.
