AB100-engrossed,2079,2423
g. No payments between subscribers described in subd. 9. c. are made through
24the association.
AB100-engrossed,2080,43
600.01
(2) (b) Group or blanket insurance described in sub. (1) (b) 3. and 4. is
4not exempt from
s. ss. 632.745
, 632.747 or to 632.749 or ch. 633 or 635.
AB100-engrossed,2080,96
601.41
(1) Duties. The commissioner shall administer and enforce chs.
153 and 7600 to 655 and ss. 59.52 (11) (c), 66.184 and 120.13 (2) (b) to (g) and shall act as
8promptly as possible under the circumstances on all matters placed before the
9commissioner.
AB100-engrossed, s. 4796
10Section
4796
. 601.41 (1) of the statutes, as affected by 1997 Wisconsin Act ....
11(this act), is amended to read:
AB100-engrossed,2080,1512
601.41
(1) Duties. The commissioner shall administer and enforce chs. 600 to
13655 and ss. 59.52 (11) (c), 66.184
and, 120.13 (2) (b) to (g)
, 149.13 and 149.144 and
14shall act as promptly as possible under the circumstances on all matters placed
15before the commissioner.
AB100-engrossed,2080,2118
601.415
(12) Health insurance risk-sharing plan. The commissioner shall
19perform the duties specified to be performed by the commissioner in ss. 149.13 and
20149.144. The commissioner, or his or her designee, shall serve as a member of the
21board under s. 149.15.
AB100-engrossed,2081,524
601.64
(1) Injunctions and restraining orders. The commissioner may
25commence an action in circuit court in the name of the state to restrain by temporary
1or permanent injunction or by temporary restraining order any violation of chs. 600
2to 655,
s. 149.13 or 149.144, any rule promulgated under chs. 600 to 655 or any order
3issued under s. 601.41 (4). Except as provided in s. 641.20, the commissioner need
4not show irreparable harm or lack of an adequate remedy at law in an action
5commenced under this subsection.
AB100-engrossed,2081,107
601.64
(3) (a)
Restitutionary forfeiture. Whoever violates an effective order
8issued under s. 601.41 (4)
or, any insurance statute or rule
or s. 149.13 or 149.144 9shall forfeit to the state twice the amount of any profit gained from the violation, in
10addition to any other forfeiture or penalty imposed.
AB100-engrossed,2081,1812
601.64
(3) (c)
Forfeiture for violation of statute or rule. Whoever violates an
13insurance statute or rule
or s. 149.13 or 149.144, intentionally aids a person in
14violating an insurance statute or rule
or s. 149.13 or 149.144 or knowingly permits
15a person over whom he or she has authority to violate an insurance statute or rule
16or s. 149.13 or 149.144 shall forfeit to the state not more than $1,000 for each
17violation. If the statute or rule imposes a duty to make a report to the commissioner,
18each week of delay in complying with the duty is a new violation.
AB100-engrossed,2082,220
601.64
(4) Criminal penalty. Whoever intentionally violates or intentionally
21permits any person over whom he or she has authority to violate or intentionally aids
22any person in violating any insurance statute or rule of this state
, s. 149.13 or
23149.144 or any effective order issued under s. 601.41 (4) may, unless a specific penalty
24is provided elsewhere in the statutes, be fined not more than $10,000 if a corporation
1or if a natural person be fined not more than $5,000 or imprisoned for not to exceed
23 years or both. Intent has the meaning expressed under s. 939.23.
AB100-engrossed,2082,6
4609.77 Coverage of breast reconstruction. Health maintenance
5organizations, limited service health organizations and preferred provider plans are
6subject to s. 632.895 (13).
AB100-engrossed,2082,11
8609.78 Coverage of treatment for the correction of
9temporomandibular disorders. Health maintenance organizations, limited
10service health organizations and preferred provider plans are subject to s. 632.895
11(11).
AB100-engrossed,2082,16
13609.79 Coverage of hospital and ambulatory surgery center charges
14and anesthetics for dental care. Health maintenance organizations, limited
15service health organizations and preferred provider plans are subject to s. 632.895
16(12).
AB100-engrossed,2082,2218
613.03
(3) Applicability of insurance laws. Except as otherwise specifically
19provided, service insurance corporations organized or operating under this chapter
20are subject to
subch. II of ch. 619 and ss. 610.01, 610.11, 610.21, 610.23 and 610.24
21and chs. 600, 601, 609, 617, 620, 623, 625, 627, 628, 631, 632, 635 and 645 and to no
22other insurance laws.
AB100-engrossed,2082,2524
613.03
(4) Mandatory health insurance risk-sharing plan. Service insurance
25corporations organized or operating under this chapter are subject to ch. 149.
AB100-engrossed,2083,32
614.05
(1) Chapters 611 and 619. No section of ch. 611 or
subch. I of ch. 619
3applies to fraternals unless it is specifically made applicable by this chapter.
AB100-engrossed, s. 4811
4Section
4811. Subchapter I of chapter 619 [precedes 619.001] of the statutes
5is renumbered chapter 619 [precedes 619.001].
AB100-engrossed, s. 4812
6Section
4812. Subchapter I (title) of chapter 619 [precedes 619.01] of the
7statutes is repealed.
AB100-engrossed, s. 4813
8Section
4813. Subchapter II (title) of chapter 619 [precedes 619.10] of the
9statutes is repealed.
AB100-engrossed, s. 4814
10Section
4814. 619.10 (intro.) of the statutes is renumbered 149.10 (intro.) and
11amended to read:
AB100-engrossed,2083,12
12149.10 Definitions. (intro.) In this
subchapter chapter:
AB100-engrossed,2083,1817
149.10
(2) "Board" means the board of governors established under s.
619.15 18149.15.
AB100-engrossed,2083,2120
619.10
(2c) "Church plan" has the meaning given in section 3 (33) of the federal
21Employee Retirement Income Security Act of 1974.
AB100-engrossed, s. 4817bm
22Section 4817bm. 619.10 (2c) of the statutes, as created by 1997 Wisconsin Act
23.... (this act), is renumbered 149.10 (2c).
AB100-engrossed,2084,2
1619.10
(2j) (a) Except as provided in par. (b), "creditable coverage" means
2coverage under any of the following:
AB100-engrossed,2084,33
1. A group health plan.
AB100-engrossed,2084,44
2. Health insurance.
AB100-engrossed,2084,55
3. Part A or part B of title XVIII of the federal Social Security Act.
AB100-engrossed,2084,76
4. Title XIX of the federal Social Security Act, except for coverage consisting
7solely of benefits under section 1928 of that act.
AB100-engrossed,2084,88
5. Chapter 55 of title 10 of the United States Code.
AB100-engrossed,2084,109
6. A medical care program of the federal Indian health service or of an
10American Indian tribal organization.
AB100-engrossed,2084,1111
7. A state health benefits risk pool.
AB100-engrossed,2084,1212
8. A health plan offered under chapter 89 of title 5 of the United States Code.
AB100-engrossed,2084,1313
9. A public health plan.
AB100-engrossed,2084,1514
10. A health coverage plan under section 5 (e) of the federal Peace Corps Act,
1522 USC 2504 (e).
AB100-engrossed,2084,1716
(b) "Creditable coverage" does not include coverage consisting solely of
17coverage of excepted benefits, as defined in section 2791 (c) of P.L.
104-191.
AB100-engrossed, s. 4817cm
18Section 4817cm. 619.10 (2j) of the statutes, as created by 1997 Wisconsin Act
19.... (this act), is renumbered 149.10 (2j).
AB100-engrossed,2084,2221
619.10
(2t) "Eligible individual" means an individual for whom all of the
22following apply:
AB100-engrossed,2084,2423
(a) The aggregate of the individual's periods of creditable coverage is 18 months
24or more.
AB100-engrossed,2085,3
1(b) The individual's most recent period of creditable coverage was under a
2group health plan, governmental plan, federal governmental plan or church plan, or
3under any health insurance offered in connection with any of those plans.
AB100-engrossed,2085,74
(c) The individual does not have creditable coverage and is not eligible for
5coverage under a group health plan, part A or part B of title XVIII of the federal Social
6Security Act or a state plan under title XIX of the federal Social Security Act or any
7successor program.
AB100-engrossed,2085,108
(d) The individual's most recent period of creditable coverage was not
9terminated for any reason related to fraud or intentional misrepresentation of
10material fact or a failure to pay premiums.
AB100-engrossed,2085,1311
(e) If the individual was offered the option of continuation coverage under a
12federal continuation provision or similar state program, the individual elected the
13continuation coverage.
AB100-engrossed,2085,1414
(f) The individual has exhausted any continuation coverage under par. (e).
AB100-engrossed, s. 4817mm
15Section 4817mm. 619.10 (2t) of the statutes, as created by 1997 Wisconsin Act
16.... (this act), is renumbered 149.10 (2t).
AB100-engrossed,2085,2119
149.10
(3) "Eligible person" means a resident of this state who qualifies under
20s.
619.12 149.12 whether or not the person is legally responsible for the payment of
21medical expenses incurred on the person's behalf.
AB100-engrossed,2085,2323
619.10
(3c) "Federal continuation provision" means any of the following:
AB100-engrossed,2085,2524(a) Section
4980B of the Internal Revenue Code of 1986, except for section
254980B (f) (1) of that code insofar as it relates to pediatric vaccines.
AB100-engrossed,2086,2
1(b) Part 6 of subtitle B of title I of the federal Employee Retirement Income
2Security Act of 1974, except for section 609 of that act.
AB100-engrossed, s. 4818cm
4Section 4818cm. 619.10 (3c) of the statutes, as created by 1997 Wisconsin Act
5.... (this act), is renumbered 149.10 (3c).
AB100-engrossed,2086,97
619.10
(3d) "Federal governmental plan" means a benefit program established
8or maintained for its employes by the government of the United States or by any
9agency or instrumentality of the government of the United States.
AB100-engrossed, s. 4818dm
10Section 4818dm. 619.10 (3d) of the statutes, as created by 1997 Wisconsin Act
11.... (this act), is renumbered 149.10 (3d).
AB100-engrossed,2086,1413
619.10
(3g) "Governmental plan" has the meaning given under section 3 (32)
14of the federal Employee Retirement Income Security Act of 1974.
AB100-engrossed, s. 4818gm
15Section 4818gm. 619.10 (3g) of the statutes, as created by 1997 Wisconsin Act
16.... (this act), is renumbered 149.10 (3g).
AB100-engrossed,2086,1818
619.10
(3j) "Group health plan" means any of the following:
AB100-engrossed,2086,2319
(a) An employe welfare plan, as defined in section 3 (1) of the federal Employee
20Retirement Security Act of 1974, to the extent that the employe welfare plan provides
21medical care, including items and services paid for as medical care, to employes or
22to their dependents, as defined under the terms of the employe welfare plan, directly
23or through insurance, reimbursement or otherwise.
AB100-engrossed,2087,424
(b) Any program that would not otherwise be an employe welfare benefit plan
25and that is established or maintained by a partnership, to the extent that the
1program provides medical care, including items and services paid for as medical care,
2to present or former partners of the partnership or to their dependents, as defined
3under the terms of the program, directly or through insurance, reimbursement or
4otherwise.
AB100-engrossed, s. 4818jm
5Section 4818jm. 619.10 (3j) of the statutes, as created by 1997 Wisconsin Act
6.... (this act), is renumbered 149.10 (3j).
AB100-engrossed,2087,2312
149.10
(5) "Insurer" means any person or association of persons, including a
13health maintenance organization, limited service health organization or preferred
14provider plan offering or insuring health services on a prepaid basis, including, but
15not limited to, policies of health insurance issued by a currently licensed insurer,
as
16defined in s. 600.03 (27), nonprofit hospital or medical service plans under ch. 613,
17cooperative medical service plans under s. 185.981, or other entity whose primary
18function is to provide diagnostic, therapeutic or preventive services to a defined
19population in return for a premium paid on a periodic basis. "Insurer" includes any
20person providing health services coverage for individuals on a self-insurance basis
21without the intervention of other entities, as well as any person providing health
22insurance coverage under a medical reimbursement plan to persons. "Insurer" does
23not include a plan under ch. 613 which offers only dental care.