AB100-ASA1-AA1,439,2020
635.02
(3g) "Employer" has the meaning given in s. 632.745 (6).
AB100-ASA1-AA1,439,2322
635.02
(3k) "Group health benefit plan" has the meaning given in s. 632.745
23(9).
AB100-ASA1-AA1,439,2525
635.02
(3m) "Health benefit plan" has the meaning given in s. 632.745 (11).
AB100-ASA1-AA1,440,22
635.02
(4t) "Network plan" has the meaning given in s. 632.745 (19).
AB100-ASA1-AA1,440,104
635.02
(7) "Small employer" means, with respect to a calendar year and a plan
5year, an employer that employed an average of at least 2 but not more than 50
6employes on business days during the preceding calendar year, or that is reasonably
7expected to employ an average of at least 2 but not more than 50 employes on
8business days during the current calendar year if the employer was not in existence
9during the preceding calendar year, and that employs at least 2 employes on the first
10day of the plan year.
AB100-ASA1-AA1,440,1212
635.02
(9) "Small group market" has the meaning given in s. 632.745 (26).
AB100-ASA1-AA1, s. 4932y
14Section 4932y. 635.11 of the statutes is renumbered 635.11 (1m), and 635.11
15(1m) (intro.), as renumbered, is amended to read:
AB100-ASA1-AA1,440,1816
635.11
(1m) (intro.) Before the sale of a plan or policy subject to this
subchapter 17chapter, a small employer insurer shall disclose to a small employer all of the
18following:
AB100-ASA1-AA1,440,2120
635.11
(1m) (e) As part of the small employer insurer's solicitation and sales
21materials, the availability of the information under par. (f).
AB100-ASA1-AA1,440,2423
635.11
(1m) (f) Upon the request of the small employer, the following
24information:
AB100-ASA1-AA1,441,2
11. The provisions, if any, of the plan or policy relating to preexisting condition
2exclusions.
AB100-ASA1-AA1,441,43
2. The benefits and premiums available under all health insurance coverage
4offered by the small employer insurer for which the small employer is qualified.
AB100-ASA1-AA1,441,96
635.11
(2m) Information required to be disclosed under this section shall be
7provided in a manner that is understandable to a small employer and shall be
8sufficient to reasonably inform a small employer of the small employer's rights and
9obligations under the health insurance coverage.
AB100-ASA1-AA1,441,1311
635.11
(3m) A small employer insurer is not required under this section to
12disclose information that is proprietary or trade secret information under applicable
13law.
AB100-ASA1-AA1,441,1915
635.13
(1) Records. A small employer insurer shall maintain at its principal
16place of business complete and detailed records relating to its rating methods and
17practices and its renewal underwriting methods and practices, and shall make the
18records available to the commissioner
and the small employer insurance board upon
19request.
AB100-ASA1-AA1,442,221
635.18
(1) Every small employer insurer shall actively market health benefit
22plan coverage
, including basic health benefit plans, to small employers in the state.
23If a small employer insurer denies coverage to a small employer under a health
24benefit plan that is not a basic health benefit plan on the basis of the health status
25or claims experience of the small employer or its eligible employes or their
1dependents, the small employer insurer shall offer the small employer the
2opportunity to purchase a basic health benefit plan.
AB100-ASA1-AA1,442,95
635.18
(7) A 3rd-party administrator that enters into a contract, agreement
6or other arrangement with a small employer insurer to provide administrative,
7marketing or other services related to the offering of health benefit plans to small
8employers in this state is subject to this
subchapter
chapter as if it were a small
9employer insurer.
AB100-ASA1-AA1,442,13
11635.19 Issuance of coverage in small group market. (1) (a) Except as
12provided in subs. (2) to (6), a small employer insurer that offers a group health benefit
13plan in the small group market shall do all of the following:
AB100-ASA1-AA1,442,1414
1. Accept any small employer in the state that applies for such coverage.
AB100-ASA1-AA1,442,1715
2. Accept for enrollment under such coverage any eligible individual who
16applies for enrollment during the period in which the individual first becomes
17eligible to enroll under the terms of the group health benefit plan.
AB100-ASA1-AA1,442,1918
3. Place no restriction on an eligible individual under par. (b) that is
19inconsistent with s. 632.746 or 632.748.
AB100-ASA1-AA1,442,2220
(b) For purposes of this section, whether an individual is an "eligible
21individual" in relation to a small employer shall be determined in accordance with
22all of the following:
AB100-ASA1-AA1,442,2423
1. The terms of the group health benefit plan under which the individual is
24applying for enrollment.
AB100-ASA1-AA1,443,3
12. Rules of the small employer insurer offering the group health benefit plan
2under which the individual is applying for enrollment, which rules must apply
3uniformly in this state to small employers in the small group market.
AB100-ASA1-AA1,443,54
3. All state laws that apply to small employer insurers and the small group
5market.
AB100-ASA1-AA1,443,7
6(2) (a) A small employer insurer that offers a group health benefit plan in the
7small group market through a network plan may do any of the following:
AB100-ASA1-AA1,443,98
1. Limit the small employers that may apply for such coverage to those with
9eligible individuals who reside, live or work in the service area of the network plan.
AB100-ASA1-AA1,443,1210
2. Within the service area of the network plan, deny such coverage to small
11employers if the small employer insurer demonstrates to the commissioner all of the
12following:
AB100-ASA1-AA1,443,1513
a. That the insurer does not have the capacity to deliver services adequately
14to enrollees of any additional groups because of its obligations to existing group
15contract holders and enrollees.
AB100-ASA1-AA1,443,1916
b. That the insurer is applying this subdivision uniformly to all small
17employers without regard to the claims experience of those small employers or their
18employes or employes' dependents or any other health status-related factor of those
19employes or their dependents.
AB100-ASA1-AA1,443,2220
(b) A small employer insurer that denies coverage under par. (a) 2. in any
21service area may not offer coverage in the small group market in that service area
22for 180 days after the date on which the coverage was denied.
AB100-ASA1-AA1,444,2
23(3) (a) A small employer insurer that offers a group health benefit plan in the
24small group market may deny small employers coverage under such a plan in the
1small group market if the small employer insurer demonstrates to the commissioner
2all of the following:
AB100-ASA1-AA1,444,43
1. That the insurer does not have the financial reserves necessary to
4underwrite additional coverage.
AB100-ASA1-AA1,444,95
2. That the insurer is applying this paragraph uniformly to all small employers
6in the small group market in the state in accordance with applicable state law and
7without regard to the claims experience of those small employers or their employes
8or employes' dependents or any other health status-related factor of those employes
9or their dependents.
AB100-ASA1-AA1,444,1410
(b) A small employer insurer that denies coverage under par. (a) may not offer
11a group health benefit plan in the small group market in the state for 180 days after
12the date on which the coverage was denied or until the insurer demonstrates to the
13commissioner that the insurer has sufficient financial reserves to underwrite
14additional coverage, whichever is later.
AB100-ASA1-AA1,444,17
15(4) Subsection (1) shall not be construed to preclude a small employer insurer
16from establishing, for the offering of a group health benefit plan in the small group
17market, any of the following:
AB100-ASA1-AA1,444,2018
(a) Rules or requirements relating to the minimum level or amount of small
19employer contribution toward the premium for the enrollment of participants and
20beneficiaries.
AB100-ASA1-AA1,444,2321
(b) Rules or requirements relating to the minimum number or percentage of
22participants or beneficiaries that must be enrolled in relation to a specified number
23or percentage of eligible individuals or employes of a small employer.
AB100-ASA1-AA1,444,25
24(5) Subsection (1) does not apply to a group health benefit plan offered by a
25small employer insurer in the small group market if all of the following apply:
AB100-ASA1-AA1,445,2
1(a) The group health benefit plan is offered in the small group market only
2through one or more bona fide associations.
AB100-ASA1-AA1,445,63
(b) The small employer insurer offering the group health benefit plan makes
4the coverage available to all members of a bona fide association regardless of any
5health status-related factors of the members or individuals eligible for coverage
6through the members.
AB100-ASA1-AA1,445,97
(c) The small employer insurer offering the group health benefit plan complies
8with any rules of the commissioner that are reasonably designed to prevent the use
9of an association for risk segmentation.
AB100-ASA1-AA1,445,12
10(6) The commissioner may by rule permit an exception to sub. (1) with respect
11to a small employer for which coverage is nonrenewed or discontinued for a reason
12specified under s. 632.749 (2) (a) or (b).
AB100-ASA1-AA1,446,217
706.13
(1) In addition to any criminal penalty or civil remedy provided by law,
18any person who submits for filing, entering in the judgment and lien docket or
19recording, any lien, claim of lien, lis pendens, writ of attachment
, financing
20statement or any other instrument relating to
a security interest in or the title
in to 21real or personal property,
knowing and who knows or should have known that the
22contents or any part of the contents
to be of the instrument are false,
a sham or
23frivolous, is liable in tort to any person interested in the property whose title is
1thereby impaired, for punitive damages of $1,000 plus any actual damages caused
2by the filing, entering or recording.".
AB100-ASA1-AA1,446,65
753.06
(8) (e) Oconto county. The circuit has one branch.
Commencing August
61, 1998, the circuit has 2 branches.".
AB100-ASA1-AA1,447,29
757.48
(1) (b) The guardian ad litem shall be allowed reasonable compensation
10for his or her services such as is customarily charged by attorneys in this state for
11comparable services. If the court orders a county to pay the compensation of the
12guardian ad litem, the amount ordered may not exceed the compensation paid to
13private attorneys under s. 977.08 (4m) (b).
When a court appoints a guardian ad
14litem for a person with a developmental disability, the court shall require the
15guardian ad litem, as a condition of accepting the appointment, to submit a written
16detailed statement of the services he or she plans to provide for the developmentally
17disabled person. In addition, as a condition of receipt of compensation from a county,
18a guardian ad litem shall provide an accounting of the services he or she did provide
19to the developmentally disabled person on a form that the circuit court develops and
20provides to the guardian ad litem. If a court-appointed guardian ad litem is required
21to submit an accounting of the services he or she provided to a person with a
22development disability, the guardian of that person with a development disability
23shall have the right to review and comment to the court on the accounting statement
24before the court approves the payment of compensation to the guardian ad litem. If
1the attorney of record is also the guardian ad litem, the attorney shall be entitled only
2to attorney fees and shall receive no compensation for services as guardian ad litem.".
AB100-ASA1-AA1,447,4
31218. Page 1832, line 15: delete that line and substitute "48.57 (3m) (b) 2.
or,
449.145 (2) (s), 49.19 (4) (h) 1. b.
or 49.775 (2) (bm) if all of the following apply:".
AB100-ASA1-AA1,447,147
799.24
(1) Entry of judgment or order; notice of entry thereof. When a
8judgment or an order is rendered, the judge, court commissioner or clerk of circuit
9court shall immediately enter it in the court record and note the date thereof which
10shall be the date of entry of judgment or order. The clerk of circuit court, except in
11municipal and county forfeiture actions, shall mail a notice of entry of judgment to
12the parties or their attorneys at their last-known address within 5 days of its entry.
13Upon payment of the
exact amount of the fee prescribed in s. 814.62 (3) (c), the clerk
14of circuit court shall enter the judgment in the judgment and lien docket.".
AB100-ASA1-AA1,447,17
16"
Section 5165c. Subchapter IX (title) of chapter 779 [precedes 779.80] of the
17statutes is amended to read:
AB100-ASA1-AA1,447,2119
SUBCHAPTER IX
20HOSPITAL Health care
21
provider LIENS
AB100-ASA1-AA1,447,23
23779.80 (title)
Hospital Health care provider liens.
AB100-ASA1-AA1,448,73
779.80
(1m) Every
corporation, association or other organization operating as
4a charitable institution and maintaining a hospital in this state shall have health
5care provider has a lien for services rendered, by way of treatment, care or
6maintenance, to any person who has sustained personal injuries as a result of the
7negligence, wrongful act or any tort of any other person.
AB100-ASA1-AA1,448,99
779.80
(1b) In this section, "health care provider" means all of the following:
AB100-ASA1-AA1,448,1110
(a) A corporation, association or other organization operating as a charitable
11institution and maintaining a hospital in this state.
AB100-ASA1-AA1,448,1212
(b) A chiropractor licensed under ch. 446.
AB100-ASA1-AA1,448,1914
779.80
(2) Such lien shall attach to any and The lien under this section attaches
15to all rights of action, suits, claims, demands and upon any judgment, award or
16determination, and upon the proceeds of any settlement which
such the injured
17person
, or legal representatives might have against any
such other person for
18damages on account of
such the injuries, for the amount of the reasonable and
19necessary charges of
such hospital the health care provider.
AB100-ASA1-AA1, s. 5165m
20Section 5165m. 779.80 (3) (intro.) of the statutes is renumbered 779.80 (3) (ae)
21and amended to read:
AB100-ASA1-AA1,449,1022
779.80
(3) (ae)
No such lien shall be
A lien under this section is not effective
23unless
the health care provider files a written notice
containing under this
24paragraph. The notice shall contain the name and address of the injured person, the
25date and location of the event causing
such the injuries, the name and
location
1address of the
hospital
health care provider, and if ascertainable by reasonable
2diligence, the names and addresses of the persons alleged to be liable for damages
3sustained by
such the injured person
,. The notice shall be filed in the office of the
4clerk of circuit court in the county in which
such
the injuries
have occurred,
or in the
5county in which
such hospital the health care provider is located
, or in the county in
6which suit for recovery of such damages is pending
,. The notice shall be filed prior
7to the payment of any moneys to
such the injured person or legal representatives, but
8in no event later than 60 days after
discharge of such injured person from the hospital 9the date that the health care provider last provided services to the injured person for
10the injuries.