SB665,32 11Section 32. 102.17 (1) (cg) of the statutes is amended to read:
SB665,19,1712 102.17 (1) (cg) 1. Except as provided in subd. 2m., the department division shall
13require each applicant for a license under par. (c) who is an individual to provide the
14department division with the applicant's social security number, and shall require
15each applicant for a license under par. (c) who is not an individual to provide the
16department division with the applicant's federal employer identification number,
17when initially applying for or applying to renew the license.
SB665,19,2418 2. If an applicant who is an individual fails to provide the applicant's social
19security number to the department division or if an applicant who is not an
20individual fails to provide the applicant's federal employer identification number to
21the department division, the department division may not issue or renew a license
22under par. (c) to or for the applicant unless the applicant is an individual who does
23not have a social security number and the applicant submits a statement made or
24subscribed under oath or affirmation as required under subd. 2m.
SB665,20,5
12m. If an applicant who is an individual does not have a social security number,
2the applicant shall submit a statement made or subscribed under oath or affirmation
3to the department division that the applicant does not have a social security number.
4The form of the statement shall be prescribed by the department division. A license
5issued in reliance upon a false statement submitted under this subdivision is invalid.
SB665,20,116 3. The department of workforce development division may not disclose any
7information received under subd. 1. to any person except to the department of
8revenue for the sole purpose of requesting certifications under s. 73.0301, the
9department of workforce development for the sole purpose of requesting
10certifications under s. 108.227,
or the department of children and families for
11purposes of administering s. 49.22.
SB665,33 12Section 33. 102.17 (1) (cr) of the statutes is amended to read:
SB665,20,1813 102.17 (1) (cr) The department division shall deny an application for the
14issuance or renewal of a license under par. (c), or revoke such a license already issued,
15if the department of revenue certifies under s. 73.0301 that the applicant or licensee
16is liable for delinquent taxes. Notwithstanding par. (c), an action taken under this
17paragraph is subject to review only as provided under s. 73.0301 (5) and not as
18provided in ch. 227.
SB665,34 19Section 34. 102.17 (1) (ct) of the statutes is repealed and recreated to read:
SB665,20,2520 102.17 (1) (ct) The division shall deny an application for the issuance or
21renewal of a license under par. (c), or revoke such a license already issued, if the
22department certifies under s. 108.227 that the applicant or licensee is liable for
23delinquent contributions, as defined in s. 108.227 (1) (d). Notwithstanding par. (c),
24an action taken under this paragraph is subject to review only as provided under s.
25108.227 (5) and not as provided in ch. 227.
SB665,35
1Section 35. 102.17 (2) of the statutes is amended to read:
SB665,21,132 102.17 (2) If the division has reason to believe that the payment of
3compensation has not been made, the division may on its own motion give notice to
4the parties, in the manner provided for the service of an application, of a time and
5place when a hearing will be held for the purpose of determining the facts, or if the
6department has reason to believe that the payment of compensation has not been
7made, the department may request that the division give such a notice of hearing
.
8The notice shall contain a statement of the matter to be considered. All provisions
9of this chapter governing proceedings on an application shall apply, insofar as
10applicable, to a proceeding under this subsection. When the division schedules a
11hearing on its own motion, as provided in this subsection, neither the division does
12not become
nor the department becomes a party in interest, and is not neither the
13division nor the department shall be
required to appear as a party at the hearing.
SB665,36 14Section 36. 102.175 (2) of the statutes is amended to read:
SB665,21,2215 102.175 (2) If after a hearing or a prehearing conference the department or the
16division determines that an injured employee is entitled to compensation but that
17there remains in dispute only the issue of which of 2 or more parties is liable for that
18compensation, the department or the division may order one or more parties to pay
19compensation in an amount, time, and manner as determined by the department or
20the
division. If the department or the division later determines that another party
21is liable for compensation, the department or the division shall order that other party
22to reimburse any party that was ordered to pay compensation under this subsection.
SB665,37 23Section 37. 102.18 (1) (bg) 1. of the statutes is amended to read:
SB665,22,924 102.18 (1) (bg) 1. If the division finds under par. (b) that an insurer or
25self-insured employer is liable under this chapter for any health services provided

1to an injured employee by a health service provider, but that the reasonableness of
2the fee charged by the health service provider is in dispute, the division may include
3in its order under par. (b) a determination made by the department under s. 102.16
4(2) as to the reasonableness of the fee or, if such a determination has not yet been
5made, the division may notify, or direct the insurer or self-insured employer to notify,
6the health service provider under s. 102.16 (2) (b) that the reasonableness of the fee
7is in dispute. This subdivision does not apply to a health service provided to an
8injured employee beginning on the date on which the notice under s. 102.423 (1) (a)
9is published in the Wisconsin Administrative Register.
SB665,38 10Section 38. 102.18 (1) (bp) of the statutes is amended to read:
SB665,23,211 102.18 (1) (bp) If the department or the division determines that the employer
12or insurance carrier suspended, terminated, or failed to make payments or failed to
13report an injury as a result of malice or bad faith, the department or the division may
14include a penalty in an award to an employee for each event or occurrence of malice
15or bad faith. That penalty is the exclusive remedy against an employer or insurance
16carrier for malice or bad faith. If the penalty is imposed for an event or occurrence
17of malice or bad faith that causes a payment that is due an injured employee to be
18delayed in violation of s. 102.22 (1) or overdue in violation of s. 628.46 (1), the
19department or the division may not also order an increased payment under s. 102.22
20(1) or the payment of interest under s. 628.46 (1). The department or the division may
21award an amount that the department or the division considers just, not to exceed
22the lesser of 200 percent of total compensation due or $30,000 for each event or
23occurrence of malice or bad faith. The department or the division may assess the
24penalty against the employer, the insurance carrier, or both. Neither the employer
25nor the insurance carrier is liable to reimburse the other for the penalty amount. The

1division department may, by rule, define actions that demonstrate malice or bad
2faith.
SB665,39 3Section 39. 102.18 (2) (a) of the statutes is amended to read:
SB665,23,64 102.18 (2) (a) The department shall have and maintain on its staff such
5examiners as are necessary to hear and decide claims for compensation described in
6s. 102.16 (1) (b) 1. and to assist in the effective administration of this chapter.
SB665,40 7Section 40. 102.18 (5) of the statutes is amended to read:
SB665,23,208 102.18 (5) If it appears to the department or the division that a mistake may
9have been made as to cause of injury in the findings, order, or award upon an alleged
10injury based on accident, when in fact the employee was suffering from an
11occupational disease, within 3 years after the date of the findings, order, or award
12the department or the division may, upon its own motion, with or without hearing,
13set aside the findings, order, or award, or the department or the division may take
14that action upon application made within those 3 years. After an opportunity for
15hearing, the division may, if in fact the employee is suffering from disease arising out
16of the employment, make new findings, and a new order or award, or the division may
17reinstate the previous findings, order, or award. The department may, if in fact the
18employee is suffering from disease arising out of the employment, make new
19findings, and a new order or award, or the department may reinstate the previous
20findings, order, or award when no hearing is requested.
SB665,41 21Section 41. 102.18 (6) of the statutes is amended to read:
SB665,24,222 102.18 (6) In case of disease arising out of employment, the department or the
23division may from time to time review its findings, order, or award, and make new
24findings, or a new order or award, based on the facts regarding disability or otherwise

1as those facts may appear at the time of the review. This subsection shall not affect
2the application of the limitation in s. 102.17 (4).
SB665,42 3Section 42. 102.33 (1m) of the statutes is created to read:
SB665,24,84 102.33 (1m) Each employer shall post, in each workplace, a notice in a form
5approved by the department setting forth employees' rights under this chapter. The
6department shall, in conjunction with its activities under s. 102.14 (2m), include in
7the notice information to educate injured employees regarding opiate therapies,
8opiate addiction, and alternative treatments for pain.
SB665,43 9Section 43. 102.33 (2) (b) 7. of the statutes is created to read:
SB665,24,1510 102.33 (2) (b) 7. The requester is the department of health services, a county
11department of social services under s. 46.215 or 46.22, or a county department of
12human services under s. 46.23, and the request is limited to the name and address
13of the employee who is the subject of the record, the name and address of the
14employee's employer, and any financial information about that employee contained
15in the record.
SB665,44 16Section 44. 102.39 of the statutes is repealed.
SB665,45 17Section 45. 102.423 of the statutes is created to read:
SB665,24,25 18102.423 Health service fee schedule. (1) Health service fee schedule.
19(a) By January 1, 2019, the department shall establish a schedule of the maximum
20fees that a health care provider may charge an employer or insurer for health
21services provided to an injured employee who claims benefits under this chapter.
22When that schedule is established, the department shall notify the legislative
23reference bureau and the legislative reference bureau shall publish that notice in the
24Wisconsin Administrative Register. For the health services in the schedule, the
25department shall do all of the following:
SB665,25,4
11. Based on sources obtained by the department, determine, to the extent
2possible, the average negotiated price made for group health benefit plans, as defined
3in s. 632.745 (9), group health plans, as defined in s. 632.745 (10), and self-insured
4health plans, as defined in s. 632.745 (24).
SB665,25,852. Determine the rates under the program under 42 USC 1395 et seq. for health
6services using the Medicare billing code system, including Current Procedural
7Terminology codes, as maintained by the American Medical Association, and
8Healthcare Common Procedural Coding System codes.
SB665,25,109 3. Set the maximum fee for each health service included in the schedule by
10doing all of the following:
SB665,25,1311 a. Using the rates for health services determined under subd. 2., determine as
12a percentage the average variance between those amounts and the amounts under
13subd. 1.
SB665,25,1514 b. Increase the rates for health services determined under subd. 2. by the
15percentage determined under subd. 3. a.
SB665,25,1716 c. Subject to subd. 4., increase the amounts determined under subd. 3. b. by 2.5
17percent for administrative costs.
SB665,26,518 4. Prior to the date on which the notice is published in the Wisconsin
19Administrative Register under this paragraph, one or more health care providers
20may petition the department to hold a public hearing to gather information to be used
21to determine if the increase under subd. 3. c. for administrative costs is sufficient to
22pay for the unique administrative costs incurred in treating worker's compensation
23patients as compared to patients whose bills are paid by other means. If the
24department determines, based on the request and information gathered and
25submitted, that the percentage increase under subd. 3. c. for unique administrative

1costs is generally insufficient to pay for the unique administrative costs incurred by
2health care providers for treating worker's compensation patients, the department
3shall establish and apply an alternative increase for the unique administrative costs
4that is not more than 10 percent of the cost of the service as determined under subd.
53. b.
SB665,26,96 (b) 1. In this paragraph, “consumer price index" means the average of the
7consumer price index for medical care services over each 12-month period for all
8urban consumers, U.S. city average, as determined by the bureau of labor statistics
9of the federal department of labor.
SB665,26,1410 2. On each January 1, beginning with January 1, 2020, the department shall
11adjust the maximum fees established under par. (a) by the percentage difference
12between the consumer price index for the 12-month period ending on December 31
13of the preceding year and the consumer price index for the 12-month period ending
14on December 31 of the year before the preceding year.
SB665,26,1815 (c) No less often than every 10 years, the department shall obtain health service
16negotiated price data from the sources specified in par. (a) 1., redetermine the
17average negotiated prices specified in par. (a) 1., and revise the maximum fees
18established under par. (a) based on that redetermined average.
SB665,26,2019 (d) The department shall publish the fee schedule established under par. (a) on
20the department's Internet site.
SB665,26,25 21(2) Liability of employer or insurer. (a) The liability of an employer or insurer
22for a health service included in the fee schedule established under sub. (1) is limited
23to the maximum fee allowed under the schedule for that health service as of the date
24on which the health service was provided or the health care provider's actual fee for
25the health service as of that date, whichever is less.
SB665,27,4
1(b) A health care provider that provides health services to an injured employee
2under this chapter may not collect, or bring an action to collect, from the injured
3employee any charge that is in excess of the liability of the employer or insurer under
4this subsection.
SB665,27,75 (c) This subsection first applies to a health service provided to an injured
6employee on the date on which the notice under sub. (1) (a) is published in the
7Wisconsin Administrative Register.
SB665,27,9 8(3) Records. Records related to the collection of any information under sub.
9(1) (a) 1. are not subject to the right of inspection and copying under s. 19.35 (1).
SB665,27,10 10(4) Rules. The department shall promulgate rules to implement this section.
SB665,46 11Section 46. 102.425 (2m) of the statutes is created to read:
SB665,27,1312 102.425 (2m) Opiates and pain relief. (a) In this subsection, “opiate” has the
13meaning given in s. 961.01 (16).
SB665,27,1814 (b) No practitioner may dispense more than a 7-day supply of an opiate to treat
15an injury for which an employer or insurer is liable under this chapter.
16Notwithstanding s. 102.16 (2m) (c), a supply greater than a 7-day supply shall be
17considered to be unnecessary treatment for purposes of s. 102.16 (2m) without the
18need for a written opinion under s. 102.16 (2m) (c).
SB665,47 19Section 47. 102.427 of the statutes is created to read:
SB665,27,22 20102.427 Electronic billing. Any health service provider that provides care
21to an injured employee under this chapter shall use an electronic billing system and
22be able to receive payments electronically.
SB665,48 23Section 48. 102.44 (1) (ag) of the statutes is amended to read:
SB665,28,824 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every
25employee who is receiving compensation under this chapter for permanent total

1disability or continuous temporary total disability more than 24 months after the
2date of injury resulting from an injury that occurred prior to January 1, 2003 2005,
3shall receive supplemental benefits that shall be payable by the employer or the
4employer's insurance carrier, or in the case of benefits payable to an employee under
5s. 102.66, shall be paid by the department out of the fund created under s. 102.65.
6Those supplemental benefits shall be paid only for weeks of disability occurring after
7January 1, 2005 2007, and shall continue during the period of such total disability
8subsequent to that date.
SB665,49 9Section 49. 102.44 (1) (am) of the statutes is amended to read:
SB665,28,1410 102.44 (1) (am) If the employee is receiving the maximum weekly benefits in
11effect at the time of the injury, the supplemental benefit for a week of disability
12occurring after March 2, 2016 the effective date of this paragraph .... [LRB inserts
13date]
, shall be an amount that, when added to the regular benefit established for the
14case, shall equal $669 $711.
SB665,50 15Section 50. 102.44 (1) (b) of the statutes is amended to read:
SB665,28,2116 102.44 (1) (b) If the employee is receiving a weekly benefit that is less than the
17maximum benefit that was in effect on the date of the injury, the supplemental
18benefit for a week of disability occurring after March 2, 2016 the effective date of this
19paragraph .... [LRB inserts date]
, shall be an amount sufficient to bring the total
20weekly benefits to the same proportion of $669 $711 as the employee's weekly benefit
21bears to the maximum in effect on the date of injury.
SB665,51 22Section 51. 102.44 (2) of the statutes is amended to read:
SB665,29,323 102.44 (2) In case of permanent total disability, aggregate indemnity shall be
24weekly indemnity for the period that the employee may live. Total impairment for
25industrial use of both eyes, the loss of both arms at or near the shoulder, the loss of

1both legs at or near the hip, or the loss of one arm at the shoulder and one leg at the
2hip constitutes permanent total disability. This enumeration is not exclusive, but in
3other cases the department or the division shall find the facts.
SB665,52 4Section 52. 102.44 (6) (b) of the statutes is amended to read:
SB665,29,105 102.44 (6) (b) If during the period set forth in s. 102.17 (4) the employment
6relationship is terminated by the employer at the time of the injury or by the
7employee because his or her physical or mental limitations prevent his or her
8continuing in such employment, or if during that period a wage loss of 15 percent or
9more occurs, the department or the division may reopen any award and make a
10redetermination taking into account loss of earning capacity.
SB665,53 11Section 53. 102.525 of the statutes is created to read:
SB665,29,15 12102.525 Additional payment for permanent partial disability. (1) If any
13of the following applies during the period set forth in s. 102.17 (4) with respect to an
14employee who sustains a disability specified under s. 102.52, the number of weeks
15for which indemnity shall be payable shall be increased by 15 percent:
SB665,29,1816 (a) The employment relationship is terminated by the employer at the time of
17the injury or by the employee because his or her physical or mental limitations
18prevent his or her continuing in the employment.
SB665,29,1919 (b) The percentage of wage loss during the period is 15 percent or more.
SB665,29,21 20(2) For the purpose of determining the percentage of wage loss under sub. (1)
21(b), all of the following apply:
SB665,29,2322 (a) Wage loss shall be determined based on wages as determined under s.
23102.11.
SB665,29,2524 (b) The percentage wage loss shall be determined using actual average wages
25over a period of at least 13 weeks following the employee's injury.
SB665,30,2
1(c) The determination of wage loss may not take into account any of the
2following:
SB665,30,43 1. Any period during which benefits are payable for temporary disability under
4s. 102.43 (5).
SB665,30,55 2. Any period during which the employee received benefits under ch. 108.
SB665,30,66 3. Any payments for permanent partial disability under s. 102.52.
SB665,30,10 7(3) For the purposes of sub. (1), if an employer makes a good faith offer of
8employment that is refused by the employee without just cause, the employee is
9considered to have returned to work at the amount of wages the employee would have
10received but for the employee's refusal of employment.
SB665,30,12 11(4) An increase under sub. (1) shall be applied after the application of any
12increase under s. 102.53 or 102.54.
SB665,54 13Section 54. 102.61 (2) of the statutes is amended to read:
SB665,30,2014 102.61 (2) The department, the division, the commission, and the courts shall
15determine the rights and liabilities of the parties under this section in like manner
16and with like effect as the department, the division, the commission, and the courts
17determine other issues under this chapter. A determination under this subsection
18may include a determination based on the evidence regarding the cost or scope of the
19services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost
20or reasonableness of a rehabilitative training program developed under sub. (1m) (a).
SB665,55 21Section 55. 102.62 of the statutes is amended to read:
SB665,31,12 22102.62 Primary and secondary liability; unchangeable. In case of
23liability under s. 102.57 or 102.60, the liability of the employer shall be primary and
24the liability of the insurance carrier shall be secondary. If proceedings are had before
25the department or the division for the recovery of that liability, the department or the

1division shall set forth in its award the amount and order of liability as provided in
2this section. Execution shall not be issued against the insurance carrier to satisfy
3any judgment covering that liability until execution has first been issued against the
4employer and has been returned unsatisfied as to any part of that liability. Any
5provision in any insurance policy undertaking to guarantee primary liability or to
6avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the
7employer has been adjudged bankrupt or has made an assignment for the benefit of
8creditors, if the employer, other than an individual, has gone out of business or has
9been dissolved, or if the employer is a corporation and its charter has been forfeited
10or revoked, the insurer shall be liable for the payment of that liability without
11judgment or execution against the employer, but without altering the primary
12liability of the employer.
SB665,56 13Section 56. 102.75 (1m) of the statutes is amended to read:
SB665,31,1814 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28
15(2) and 102.31 (7), together with all accrued interest, shall constitute a separate
16nonlapsible fund designated as the worker's compensation operations fund. Moneys
17in the fund may be expended only as provided in ss. 20.427 (1) (ra) and 20.445 (1) (ra),
18(rb), (rc), and (rp) and may not be used for any other purpose of the state.
SB665,57 19Section 57. 102.80 (1) (d) of the statutes is amended to read:
SB665,31,2120 102.80 (1) (d) Amounts collected from employees or dependents of employees
21under s. 102.81 (4) (b) and (c).
SB665,58 22Section 58. 102.81 (4) (b) (intro.) of the statutes is amended to read:
SB665,31,2523 102.81 (4) (b) (intro.) If the employee or dependent receives compensation from
24the employee's employer or a 3rd party liable under s. 102.29, pay to the department
25the lesser of the following:
SB665,59
1Section 59. 102.81 (4) (b) 2. of the statutes is amended to read:
SB665,32,32 102.81 (4) (b) 2. The amount after attorney fees and costs that the employee
3or dependent received from the employer or 3rd party.
SB665,60 4Section 60. 102.81 (4) (c) of the statutes is created to read:
SB665,32,75 102.81 (4) (c) If the employee or dependent receives compensation from a 3rd
6party that is liable under s. 102.29, pay to the department the proceeds as specified
7under s. 102.29 (1) (b).
SB665,61 8Section 61. 102.81 (5) of the statutes is amended to read:
Loading...
Loading...