AB150, s. 7009
16Section
7009. 601.72 of the statutes is repealed and recreated to read:
AB150,2260,21
17601.72 Registered agent for service of process. (1) Every insurer shall
18continuously maintain in this state a registered agent for service of process on the
19insurer, which agent must be an individual resident of this state, a domestic insurer
20or a nondomestic insurer authorized to do business in this state. The name and
21address of the registered agent shall be filed with the commissioner.
AB150,2261,2
22(2) If an insurer fails to maintain an agent for service of process in this state
23or if the agent cannot be found, substituted service under the procedures provided
24in s. 601.73 may be made on the commissioner or, if the proceeding is brought by the
25state against an insurer or intermediary other than a risk retention group or risk
1purchasing group, on the secretary of state. Litigants serving process on the
2commissioner under this subsection shall pay the fee specified in s. 601.31 (1) (p).
AB150, s. 7010
3Section
7010. 601.72 (2) of the statutes, as affected by 1995 Wisconsin Act ....
4(this act), is amended to read:
AB150,2261,115
601.72
(2) If an insurer fails to maintain an agent for service of process in this
6state or if the agent cannot be found, substituted service under the procedures
7provided in s. 601.73 may be made on the commissioner or, if the proceeding is
8brought by the state against an insurer or intermediary other than a risk retention
9group or risk purchasing group, on the
secretary of state department of revenue.
10Litigants serving process on the commissioner under this subsection shall pay the
11fee specified in s. 601.31 (1) (p).
AB150, s. 7011
12Section
7011. 601.73 (1) (intro.) of the statutes is amended to read:
AB150,2261,1413
601.73
(1) Requirements for effective service. (intro.) Service upon the
14commissioner or secretary of state under s. 601.72
(2) is service on the principal, if:
AB150, s. 7012
15Section
7012. 601.73 (1) (intro.) of the statutes, as affected by 1995 Wisconsin
16Act .... (this act), is repealed and recreated to read:
AB150,2261,1917
601.73
(1) Requirements for effective service. (intro.) Service upon the
18commissioner or department of revenue under s. 601.72 (2) is service on the
19principal, if:
AB150, s. 7013
20Section
7013. 601.73 (1) (a) of the statutes is amended to read:
AB150,2261,2221
601.73
(1) (a) Two copies of the process are left in the hands or office of the
22commissioner or
secretary of state department of revenue respectively; and
AB150, s. 7014
23Section
7014. 601.73 (1) (b) of the statutes is amended to read:
AB150,2261,2524
601.73
(1) (b) The commissioner or
secretary of state department of revenue 25mails a copy of the process to the person served according to sub. (2) (b).
AB150, s. 7015
1Section
7015. 601.73 (2) (a) of the statutes is amended to read:
AB150,2262,32
601.73
(2) (a)
Records. The commissioner and
secretary of state department
3of revenue shall give receipts for and keep records of all process served through them.
AB150, s. 7016
4Section
7016. 601.73 (2) (b) of the statutes is amended to read:
AB150,2262,95
601.73
(2) (b)
Process mailed. The commissioner or
secretary of state 6department of revenue shall send immediately by certified mail to the person served,
7at the person's last-known principal place of business, residence or post-office
8address or at an address designated in writing by the person, one copy of any process
9received and shall retain the other copy.
AB150, s. 7017
10Section
7017. 601.73 (2) (c) of the statutes is amended to read:
AB150,2262,1411
601.73
(2) (c)
Default judgment. No plaintiff or complainant is entitled to a
12judgment by default in any proceeding in which process is served under
ss. this
13section and s. 601.72
and 601.73 (2) until the expiration of 20 days from the date of
14mailing of the process under par. (b).
AB150, s. 7018
15Section
7018. 601.73 (3) of the statutes is amended to read:
AB150,2262,1916
601.73
(3) Proof of service. A certificate by the commissioner or the
secretary
17of state department of revenue, showing service made upon the commissioner or
18secretary of state department of revenue, and attached to a copy of the process
19presented for that purpose is sufficient evidence of the service.
AB150, s. 7019
20Section
7019. 601.93 (2) of the statutes is amended to read:
AB150,2263,721
601.93
(2) Every insurer doing a fire insurance business in this state shall,
22before March 1 in each year, file with the commissioner a statement, showing the
23amount of premiums upon fire insurance due for the preceding calendar year.
24Return premiums may be deducted in determining the premium on which the fire
25department dues are computed. Payments of quarterly instalments of the total
1estimated payment for the then current calendar year under this subsection are due
2on or before April 15, June 15, September 15 and December 15. On March 1 the
3insurer shall pay any additional amounts due for the preceding calendar year.
4Overpayments will be credited on the amount due April 15. The commissioner shall,
5prior to May 1 each year, report to the department of
industry, labor and human
6relations development the amount of dues paid under this subsection and to be paid
7under s. 101.573 (1).
AB150, s. 7020
8Section
7020. 605.30 of the statutes is amended to read:
AB150,2263,15
9605.30 Inadequacy of fund. If the property fund does not have sufficient
10assets to pay claims that are due, the
department
secretary of administration shall
11issue a warrant as a transfer from the general fund to the property fund sufficient
12to pay the losses and the state treasurer shall pay the warrant. The property fund
13shall thereafter repay the general fund and the
department secretary of
14administration shall issue warrants for such transfer as soon as there are assets in
15the property fund.
AB150, s. 7022
17Section
7022. 609.65 (1) (b) (intro.) of the statutes is amended to read:
AB150,2263,2518
609.65
(1) (b) (intro.) If the provider performing the examination, evaluation
19or treatment does not have a provider agreement with the health maintenance
20organization, limited service health organization or preferred provider plan which
21covers the provision of that service to the enrolled participant, reimburse the
22provider for the examination, evaluation or treatment of the enrolled participant in
23an amount not to exceed the maximum reimbursement for the service under the
24medical assistance program under
ss. 49.45 to 49.47
subch. IV of ch. 49, if any of the
25following applies:
AB150, s. 7023
1Section
7023. 610.01 (4) of the statutes is amended to read:
AB150,2264,42
610.01
(4) In any provision of ch. 180 or 181 made applicable by any section of
3chs. 600 to 646,
"secretary of state" "department" shall be read "commissioner of
4insurance".
AB150, s. 7024
5Section
7024. 611.72 (1) of the statutes is amended to read:
AB150,2264,106
611.72
(1) General. Subject to this section, ss. 180.1101, 180.1103 to 180.1107,
7180.1706, 180.1707 and 180.1708 (5) apply to the merger of a domestic stock
8insurance corporation or its parent insurance holding corporation, except that
9papers required by those sections to be filed with the
secretary of state department
10of revenue shall instead be filed with the commissioner.
AB150, s. 7025
11Section
7025. 611.73 (1) of the statutes is amended to read:
AB150,2264,1512
611.73
(1) Authorization, domestic corporations. Any 2 or more domestic
13mutuals may merge or consolidate under the procedures of ss. 181.42 to 181.47,
14except that papers required by those sections to be filed with the
secretary of state 15department of revenue shall instead be filed with the commissioner.
AB150, s. 7026
16Section
7026. 611.74 (1) of the statutes is amended to read:
AB150,2265,617
611.74
(1) Plan of dissolution. At least 60 days prior to the submission to
18shareholders or policyholders of any proposed voluntary dissolution of an insurance
19corporation under s. 180.1402 or 181.50 the plan shall be filed with the commissioner.
20The commissioner may require the submission of additional information to establish
21the financial condition of the corporation or other facts relevant to the proposed
22dissolution. If the shareholders or policyholders adopt the resolution to dissolve, the
23commissioner shall, within 30 days after the adoption of the resolution, begin to
24examine the corporation. The commissioner shall approve the dissolution unless,
25after a hearing, the commissioner finds that it is insolvent or may become insolvent
1in the process of dissolution. Upon approval, the corporation may dissolve under ss.
2180.1402 to 180.1408 and 180.1706, or ss. 181.51 to 181.555, except that the last
3sentence of s. 181.555 does not apply and papers required by those sections to be filed
4with the
secretary of state department of revenue shall instead be filed with the
5commissioner. Upon disapproval, the commissioner shall petition the court for
6liquidation or for rehabilitation under ch. 645.
AB150, s. 7027
7Section
7027. 611.76 (11) of the statutes is amended to read:
AB150,2265,118
611.76
(11) Security regulation. The filing with the
office of the commissioner
9of securities department of financial institutions of a certified copy of the plan of
10conversion as approved by the commissioner constitutes registration under s. 551.27
11of the securities authorized to be issued thereunder.
AB150, s. 7028
12Section
7028. 613.01 (8) of the statutes is amended to read:
AB150,2265,1513
613.01
(8) (title)
Secretary of state Department of revenue. In any provision
14of ch. 180 or 181 made applicable to service insurance corporations in this chapter,
15"secretary of state" "department" means commissioner of insurance.
AB150, s. 7029
16Section
7029. 613.81 of the statutes is amended to read:
AB150,2266,2
17613.81 (title)
Tax exemption for certain hospital service insurance
18corporations. Every nonprofit service insurance corporation organized under s.
19613.80 which does not pay any dividends, benefits or pecuniary profits to any
20members or directors
and which does not offer a health maintenance organization
21as defined in s. 609.01 (2) or a limited service health organization as defined in s.
22609.01 (3) is, except for purposes of the franchise tax measured by net income, a
23charitable and benevolent corporation.
Every nonprofit service insurance
24corporation organized under s. 613.80 that offers a health maintenance organization
1as defined in s. 609.01 (2) or a limited service health organization as defined in s.
2609.01 (3) is not a charitable and benevolent corporation.
AB150, s. 7030
3Section
7030. 614.05 (1) of the statutes is amended to read:
AB150,2266,54
614.05
(1) Chapters 611
and 619
. No section of
chs.
ch. 611 or
subch. I of ch. 5619 applies to fraternals unless it is specifically made applicable by this chapter.
AB150, s. 7031
6Section
7031. 614.09 of the statutes is amended to read:
AB150,2266,9
7614.09 Reservation of corporate name. Section 181.07 applies to
8fraternals, except that
"secretary of state"
"department" shall be read
9"commissioner".
AB150, s. 7032
10Section
7032. 614.80 of the statutes is amended to read:
AB150,2266,16
11614.80 Tax exemption. Every domestic and nondomestic fraternal
, except
12those that offer a health maintenance organization as defined in s. 609.01 (2) or a
13limited service health organization as defined in s. 609.01 (3) is exempt from all state,
14county, district, municipal and school taxes or fees, except the fees required by s.
15601.31 (2), but is required to pay all taxes and special assessments on its real estate
16and office equipment, except as provided in s. 70.11 (4) and (8).
AB150, s. 7033
17Section
7033. 616.09 (1) (c) 2. of the statutes is amended to read:
AB150,2266,2218
616.09
(1) (c) 2. In all actions commenced after May 11, 1980, in those
19provisions of ch. 185 which apply under subd. 1. to plans authorized under s. 616.06,
20"secretary of state" "department" shall be deemed to read
"secretary of state 21"department of revenue and commissioner", except in s. 185.48, where
"secretary of
22state" "department" shall be deemed to read "commissioner".
AB150, s. 7034
23Section
7034. 616.74 (1) (c) of the statutes is amended to read:
AB150,2267,424
616.74
(1) (c) A certificate from the
secretary of state department of revenue,
25if it is a nonprofit corporation, that it has complied with the corporation laws of this
1state; if it is a corporation the stock of which has been or is being sold to the general
2public, a certificate from the
commissioner of securities department of financial
3institutions that it has complied with the requirements of the securities law of this
4state.
AB150, s. 7035
5Section
7035. 619.10 (6) of the statutes is amended to read:
AB150,2267,76
619.10
(6) "Medical assistance" means health care benefits provided under
ss.
749.45 to 49.47 subch. IV of ch. 49.
AB150, s. 7036
8Section
7036. 619.12 (3) (b) of the statutes is amended to read:
AB150,2267,139
619.12
(3) (b) Persons for whom deductible or coinsurance amounts are paid
10or reimbursed under ch. 47 for vocational rehabilitation, under s.
49.48 49.68 for
11renal disease, under s.
49.485 (8) 49.685 (8) for hemophilia or under s.
49.483 49.683 12for cystic fibrosis are not ineligible for coverage under the plan by reason of such
13payments or reimbursements.
AB150, s. 7037
14Section
7037. 626.12 (3) of the statutes is amended to read:
AB150,2267,2515
626.12
(3) Physical impairment. Rates or rating plans may not take into
16account the physical impairment of employes. Any employer who applies or
17promotes any oppressive plan of physical examination and rejection of employes or
18applicants for employment shall forfeit the right to experience rating. If the
19department of industry, labor and human relations determines that grounds exist for
20such forfeiture it shall file with the commissioner a certified copy of its findings,
21which shall automatically suspend any experience rating credit for the employer.
22The department shall make the determination as prescribed in
ss. 101.02 s. 103.005 23(5) (b) to (f), (6) to
(12) and (14) (11), (13) (b) to (d) and
101.03 (16), so far as such
24sections subsections are applicable, subject to review under ch. 227. Restoration of
25an employer to the advantages of experience rating shall be by the same procedure.
AB150, s. 7038
1Section
7038. 628.04 (3) of the statutes is amended to read:
AB150,2268,182
628.04
(3) Classification and examination. The commissioner may by rule
3prescribe classifications of intermediaries in addition to agent and surplus lines
4agent or broker, by kind of authority, or kind of insurance, or in other ways, and may
5prescribe different standards of competence, including examinations and
6educational prerequisites, for each class. The commissioner may by rule set
7prelicensing and annual continuing education standards, but may not require a
8licensed intermediary to complete a course of study requiring more than
15 30 hours,
9per license, of approved continuing education, including continuing education
10programs approved by the commissioner and presented by the insurers, in any
11one-year 2-year period.
The commissioner may approve courses or programs that
12an applicant for an intermediary's license may attend to fulfill a prelicensing
13education requirement, or that a licensed intermediary may attend to fulfill a
14continuing education requirement, and may approve organizations that may offer
15approved courses or programs. The commissioner may, by rule, exempt any class of
16intermediaries from the continuing education requirements. So far as practicable,
17the commissioner shall issue a single license to each individual intermediary for a
18single fee.
AB150, s. 7039
19Section
7039. 628.10 (2) (a) of the statutes is amended to read:
AB150,2269,320
628.10
(2) (a)
For failure to comply with continuing education requirements.
21The commissioner may by order suspend the license of any intermediary who fails
22to produce evidence of compliance with continuing education standards set by the
23commissioner.
If an intermediary whose license has been suspended under this
24paragraph produces evidence of compliance within 60 days after the date on which
25the license is suspended, the commissioner shall reinstate the license effective on the
1date of suspension. If such an intermediary does not produce evidence of compliance
2within 60 days, the license is revoked and the intermediary may be relicensed only
3after satisfying all requirements under s. 628.04.
AB150, s. 7040
4Section
7040. 628.11 of the statutes is amended to read:
AB150,2269,9
5628.11 Listing of insurance agents. An insurer shall report to the
6commissioner at such intervals as the commissioner establishes by rule all
7appointments
, including renewals of appointments, and all terminations of
8appointments of insurance agents to do business in this state, and shall pay the fees
9prescribed under s. 601.31 (1) (n).
AB150, s. 7041
10Section
7041. 632.10 (1) of the statutes is amended to read:
AB150,2269,1411
632.10
(1) "Building and safety standards" means the requirements of chs. 101
12and 145 and of any rule promulgated by the department of
industry, labor and human
13relations development under ch. 101 or 145, and standards of a 1st class city relating
14to the health and safety of occupants of buildings.
AB150, s. 7042
15Section
7042. 632.72 (title) of the statutes is amended to read:
AB150,2269,16
16632.72 (title)
Medical benefits or assistance; assignment.
AB150, s. 7043
17Section
7043. 632.72 (1) of the statutes is renumbered 632.72 (1r) and
18amended to read:
AB150,2269,2419
632.72
(1r) The providing of medical benefits
under s. 49.02 or 49.046 or
of
20medical assistance
under s. 49.45, 49.46, 49.465, 49.468 or 49.47 constitutes an
21assignment to the department
of health and social services or the county providing
22the medical benefits or assistance or contract provider. The assignment shall be, to
23the extent of the medical benefits or assistance provided, for benefits to which the
24recipient would be entitled under any policy of health and disability insurance.
AB150, s. 7044
25Section
7044. 632.72 (1g) of the statutes is created to read:
AB150,2270,1
1632.72
(1g) In this section:
AB150,2270,52
(a) "Department or contract provider" means the department of health and
3social services, the county providing the medical benefits or assistance or a health
4maintenance organization that has contracted with the department of health and
5social services to provide the medical benefits or assistance.
AB150,2270,76
(b) "Medical benefits or assistance" means medical benefits under s. 49.02 or
749.046 or medical assistance, as defined under s. 49.43 (8).
AB150, s. 7045
8Section
7045. 632.72 (1g) (b) of the statutes, as affected by 1995 Wisconsin Act
9.... (this act), is amended to read:
AB150,2270,1210
632.72
(1g) (b) "Medical benefits or assistance" means
emergency medical
11benefits relief under s. 49.02
or 49.046 or medical assistance, as defined under s.
1249.43 (8).
****Note: This is reconciled s. 632.72 (1g) (b). This Section has been affected by drafts with
the following LRB numbers: -0741/1, -1701/3 and -2153/1.
AB150, s. 7046
13Section
7046. 632.72 (2) of the statutes is amended to read:
AB150,2270,2014
632.72
(2) An insurer may not impose on the department
of health and social
15services or contract provider, as assignee of a person who is covered under the policy
16of health and disability insurance and who is eligible for medical benefits
under s.
1749.02 or 49.046 or
for medical assistance
under s. 49.45, 49.46, 49.465, 49.468 or
1849.47, requirements that are different from those imposed on any other agent or
19assignee of a person who is covered under the policy of health and disability
20insurance.
AB150, s. 7047
21Section
7047. 632.89 (1) (e) 1. of the statutes is amended to read:
AB150,2271,222
632.89
(1) (e) 1. A program in an outpatient treatment facility, if both are
23approved by the department of health and social services
and, the program is
1established and maintained according to rules promulgated under s. 51.42 (7) (b)
and
2the facility is certified under s. 51.04.
AB150, s. 7048
3Section
7048. 632.895 (3) of the statutes is amended to read:
AB150,2272,24
632.895
(3) Skilled nursing care. Every disability insurance policy filed after
5November 29, 1979, which provides coverage for hospital care shall provide coverage
6for at least 30 days for skilled nursing care to patients who enter a licensed skilled
7nursing care facility. A disability insurance policy, other than a medicare
8supplement policy or medicare replacement policy, may limit coverage under this
9subsection to patients who enter a licensed skilled nursing care facility within 24
10hours after discharge from a general hospital. The daily rate payable under this
11subsection to a licensed skilled nursing care facility shall be no less than the
12maximum daily rate established for skilled nursing care in that facility by the
13department of health and social services for purposes of reimbursement under the
14medical assistance program under
ss. 49.45 to 49.47
subch. IV of ch. 49. The coverage
15under this subsection shall apply only to skilled nursing care which is certified as
16medically necessary by the attending physician and is recertified as medically
17necessary every 7 days. If the disability insurance policy is other than a medicare
18supplement policy or medicare replacement policy, coverage under this subsection
19shall apply only to the continued treatment for the same medical or surgical
20condition for which the insured had been treated at the hospital prior to entry into
21the skilled nursing care facility. Coverage under any disability insurance policy
22governed by this subsection may be subject to a deductible that applies to the hospital
23care coverage provided by the policy. The coverage under this subsection shall not
24apply to care which is essentially domiciliary or custodial, or to care which is
1available to the insured without charge or under a governmental health care
2program, other than a program provided under ch. 49.
AB150, s. 7049
3Section
7049. 645.76 of the statutes is amended to read:
AB150,2272,7
4645.76 Disposition of records during and after termination of
5liquidation. Records of any insurer in the process of liquidation or completely
6liquidated under this chapter shall be disposed of by the public records
and forms 7board in the same manner as state records under s. 16.61.
AB150, s. 7050
8Section
7050. 701.107 (3m) of the statutes is created to read: