LRBs0292/5
RAC&PJK:kmg:ijs
1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 332
November 5, 1997 - Offered by
Committee on Health, Human Services, Aging,
Corrections, Veterans and Military Affairs.
SB332-SSA1,1,9
1An Act to repeal 13.94 (1) (p), 15.07 (1) (b) 21., 15.165 (5), 20.515 (2) (title),
220.515 (2) (a), 20.515 (2) (g) and subchapter X of chapter 40 [precedes 40.98];
3to amend 40.02 (26) (intro.), 40.02 (26) (intro.), 40.02 (28) and 40.02 (28); and
4to create 13.94 (1) (p), 15.07 (1) (b) 21., 15.165 (5), 20.515 (2) (title), 20.515 (2)
5(a), 20.515 (2) (g) and subchapter X of chapter 40 [precedes 40.98] of the
6statutes;
relating to: requiring the department of employe trust funds to
7establish a health care coverage plan for employers in the private sector,
8creating a private employer health care coverage board and making an
9appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB332-SSA1,2,211
13.94
(1) (p) No later than January 1, 2004, prepare a program evaluation audit
12of the private employer health care coverage plan established under subch. X of ch.
140. The legislative audit bureau shall file a copy of the audit report under this
2paragraph with the distributees specified in par. (b).
SB332-SSA1, s. 2
3Section
2. 13.94 (1) (p) of the statutes, as created by 1997 Wisconsin Act ....
4(this act), is repealed.
SB332-SSA1, s. 3
5Section
3. 15.07 (1) (b) 21. of the statutes is created to read:
SB332-SSA1,2,66
15.07
(1) (b) 21. Private employer health care coverage board.
SB332-SSA1, s. 4
7Section
4. 15.07 (1) (b) 21. of the statutes, as created by 1997 Wisconsin Act
8.... (this act), is repealed.
SB332-SSA1,2,1410
15.165
(5) Private employer health care coverage board. (a) There is created
11in the department of employe trust funds a private employer health care coverage
12board consisting of the secretary of employe trust funds or his or her designee, the
13secretary of health and family services or his or her designee and the following
14members appointed for 3-year terms:
SB332-SSA1,2,1515
1. One member who represents health maintenance organizations.
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2. One member who represents hospitals.
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3. One member who represents insurance agents, as defined in s. 628.02 (4).
SB332-SSA1,2,1918
4. Two members who are employes eligible to receive health care coverage
19under subch. X of ch. 40 and whose employer employs not more than 50 employes.
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5. One member who represents insurers.
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6. Two members who are, or who represent, employers that employ not more
22than 50 employes and who are eligible to offer health care coverage under subch. X
23of ch. 40.
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7. One member who is a physician, as defined in s. 448.01 (5).
SB332-SSA1,2,2525
8. Two members who represent the public interest.
SB332-SSA1,3,2
1(b) The secretary of employe trust funds or his or her designee and the secretary
2of health and family services or his or her designee shall be nonvoting members.
SB332-SSA1, s. 6
3Section
6. 15.165 (5) of the statutes, as created by 1997 Wisconsin Act .... (this
4act), is repealed.
SB332-SSA1, s. 7
5Section
7. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
6the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB332-SSA1, s. 8
7Section
8. 20.515 (2) (title) of the statutes is created to read:
SB332-SSA1,3,88
20.515
(2) (title)
Private employer health care coverage plan.
SB332-SSA1, s. 9
9Section
9. 20.515 (2) (title) of the statutes, as created by 1997 Wisconsin Act
10.... (this act), is repealed.
SB332-SSA1,3,1512
20.515
(2) (a)
Private employer health care coverage plan; start-up costs. The
13amounts in the schedule for the start-up costs for designing, establishing and
14administering the private employer health care coverage plan under subch. X of ch.
1540.
SB332-SSA1, s. 11
16Section
11. 20.515 (2) (a) of the statutes, as created by 1997 Wisconsin Act ....
17(this act), is repealed.
SB332-SSA1,4,4
120.515
(2) (g)
Private employer health care coverage plan. All moneys received
2under subch. X of ch. 40 from employers who elect to participate in the private
3employer health care coverage plan under subch. X of ch. 40, for the costs of
4designing, establishing and administering the plan.
SB332-SSA1, s. 13
5Section
13. 20.515 (2) (g) of the statutes, as created by 1997 Wisconsin Act ....
6(this act), is repealed.
SB332-SSA1, s. 14
7Section
14
. 40.02 (26) (intro.) of the statutes is amended to read:
SB332-SSA1,4,158
40.02
(26) (intro.) "Employe" means any person who receives earnings as
9payment for personal services rendered for the benefit of any employer including
10officers of the employer
, except as provided in subch. X. An employe is deemed to
11have separated from the service of an employer at the end of the day on which the
12employe last performed services for the employer, or, if later, the day on which the
13employe-employer relationship is terminated because of the expiration or
14termination of leave without pay, sick leave, vacation or other leave of absence. A
15person shall not be considered an employe if a person:
SB332-SSA1, s. 15
16Section
15. 40.02 (26) (intro.) of the statutes, as affected by 1997 Wisconsin
17Act .... (this act), is amended to read:
SB332-SSA1,4,2518
40.02
(26) (intro.) "Employe" means any person who receives earnings as
19payment for personal services rendered for the benefit of any employer including
20officers of the employer
, except as provided in subch. X. An employe is deemed to
21have separated from the service of an employer at the end of the day on which the
22employe last performed services for the employer, or, if later, the day on which the
23employe-employer relationship is terminated because of the expiration or
24termination of leave without pay, sick leave, vacation or other leave of absence. A
25person shall not be considered an employe if a person:
SB332-SSA1,5,102
40.02
(28) "Employer" means the state, including each state agency, any
3county, city, village, town, school district, other governmental unit or
4instrumentality of 2 or more units of government now existing or hereafter created
5within the state
and, any federated public library system established under s. 43.19
6whose territory lies within a single county with a population of 500,000 or more
and
7a local exposition district created under subch. II of ch. 229, except as provided under
8ss. 40.51 (7) and 40.61 (3)
, or a local exposition district created under subch. II of ch.
9229 and subch. X. Each employer shall be a separate legal jurisdiction for OASDHI
10purposes.
SB332-SSA1, s. 17
11Section
17. 40.02 (28) of the statutes, as affected by 1997 Wisconsin Act ....
12(this act), is amended to read:
SB332-SSA1,5,2013
40.02
(28) "Employer" means the state, including each state agency, any
14county, city, village, town, school district, other governmental unit or
15instrumentality of 2 or more units of government now existing or hereafter created
16within the state, any federated public library system established under s. 43.19
17whose territory lies within a single county with a population of 500,000 or more and
18a local exposition district created under subch. II of ch. 229, except as provided under
19ss. 40.51 (7) and 40.61 (3)
and subch. X. Each employer shall be a separate legal
20jurisdiction for OASDHI purposes.
SB332-SSA1, s. 18
21Section
18. Subchapter X of chapter 40 [precedes 40.98] of the statutes is
22created to read:
SB332-SSA1,6,3
1Subchapter X
2
Private employer health
3
Care coverage
SB332-SSA1,6,4
440.98 Health care coverage. (1) In this subchapter:
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(a) "Board" means the private employer health care coverage board.
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(b) "Dependent" means a spouse, an unmarried child under the age of 19 years,
7an unmarried child who is a full-time student under the age of 21 years and who is
8financially dependent upon the parent, or an unmarried child of any age who is
9medically certified as disabled and who is dependent upon the parent.
SB332-SSA1,6,1710
(c) "Employe" means any person who receives earnings as payment for personal
11services rendered for the benefit of any employer including officers of the employer.
12An employe is considered to have separated from the service of an employer at the
13end of the day on which the employe last performed services for the employer, or, if
14later, the day on which the employe-employer relationship is terminated because of
15the expiration or termination of leave without pay, sick leave, vacation or other leave
16of absence. A person shall not be considered an employe if any of the following
17applies:
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1. The person is employed under a contract involving the furnishing of more
19than personal services.
SB332-SSA1,6,2320
2. The person is customarily engaged in an independently established trade,
21business or profession providing the same type of services to more than one employer
22and the person's services to an employer are not compensated for on a payroll of that
23employer.
SB332-SSA1,6,2524
3. The person is a patient or inmate of a hospital, home or institution and
25performs services in the hospital, home or institution.
SB332-SSA1,7,3
1(d) "Employer" means any person who is doing business or operating an
2organization in this state and who employs at least 2 employes, but who is not an
3employer, as defined in s. 40.02 (28).
SB332-SSA1,7,54
(e) "Health care coverage plan" means the health care coverage plan
5established under sub. (2) (a).
SB332-SSA1,7,66
(f) "Insurer" has the meaning given in s. 600.03 (27).
SB332-SSA1,7,15
7(2) (a) The department shall design, establish and administer a health care
8coverage plan for employers that provides coverage beginning not later than January
91, 2000. In establishing the health care coverage plan, the department shall solicit
10and accept bids and enter into contracts with insurers who are to provide health care
11coverage under the health care coverage plan. The health care coverage plan is
12subject to the provisions of chs. 600 to 646 that apply to group health benefit plans,
13as defined in s. 632.745 (9), to the same extent as any other group health benefit plan,
14as defined in s. 632.745 (9). Before the health care coverage plan may be
15implemented, the board must approve the plan.
SB332-SSA1,7,1916
(b) The health care coverage plan shall require that all insurance rates under
17the plan be published annually in a single publication that is made available to
18employers and employes. The rates shall be listed by county and by any other factor
19that the department considers appropriate.
SB332-SSA1,7,2220
(c) The health care coverage plan shall have an enrollment period that is
21identical to that provided to state employes who receive health care coverage under
22s. 40.51 (6).
SB332-SSA1,8,223
(d) The department shall charge employers who participate in the health care
24coverage plan a fee to cover the department's cost in designing, establishing and
1administering the health care coverage plan. All moneys received under this
2paragraph shall be credited to the appropriation account under s. 20.515 (2) (g).
SB332-SSA1,8,53
(e) The department may not sell any health care coverage plan to an employer
4or enroll any employe in the health care coverage plan, but the department may
5publicize the availability of the health care coverage plan for employers.
SB332-SSA1,8,76
(f) The department may enter into a contract with any person to provide
7services relating to the administration of the health care coverage plan.
SB332-SSA1,8,9
8(3) Any employer who participates in the health care coverage plan shall do all
9of the following:
SB332-SSA1,8,1210
(a) Offer health care coverage under the plan to all of its permanent employes
11who have a normal work week of 30 or more hours and may offer health care coverage
12under the plan to any of its other employes.