AB927, s. 43
4Section
43. 609.38 of the statutes is created to read:
AB927,19,8
5609.38 Oversight. The office shall perform examinations of insurers that
6issue managed care plans consistent with ss. 601.43 and 601.44. The commissioner
7shall by rule develop standards for managed care plans for compliance with the
8requirements under this chapter.
AB927, s. 44
9Section
44. 609.65 (1) (intro.) of the statutes is amended to read:
AB927,19,1810
609.65
(1) (intro.) If an
enrolled participant of a health maintenance
11organization, enrollee of a limited service health organization or
preferred provider 12managed care plan is examined, evaluated or treated for a nervous or mental
13disorder pursuant to an emergency detention under s. 51.15, a commitment or a
14court order under s. 51.20 or 880.33 (4m) or (4r) or ch. 980, then, notwithstanding the
15limitations regarding
selected participating providers, primary providers and
16referrals under ss. 609.01 (2) to (4) and 609.05 (3), the
health maintenance
17organization, limited service health organization or
preferred provider managed
18care plan shall do all of the following:
AB927, s. 45
19Section
45. 609.65 (1) (a) of the statutes is amended to read:
AB927,19,2520
609.65
(1) (a) If the provider performing the examination, evaluation or
21treatment has a provider agreement with the
health maintenance organization,
22limited service health organization or
preferred provider managed care plan which
23covers the provision of that service to the
enrolled participant enrollee, make the
24service available to the
enrolled participant enrollee in accordance with the terms
25of the health care plan and the provider agreement.
AB927, s. 46
1Section
46. 609.65 (1) (b) (intro.) of the statutes is amended to read:
AB927,20,92
609.65
(1) (b) (intro.) If the provider performing the examination, evaluation
3or treatment does not have a provider agreement with the
health maintenance
4organization, limited service health organization or
preferred provider managed
5care plan which covers the provision of that service to the
enrolled participant 6enrollee, reimburse the provider for the examination, evaluation or treatment of the
7enrolled participant enrollee in an amount not to exceed the maximum
8reimbursement for the service under the medical assistance program under subch.
9IV of ch. 49, if any of the following applies:
AB927, s. 47
10Section
47. 609.65 (1) (b) 1. of the statutes is amended to read:
AB927,20,1511
609.65
(1) (b) 1. The service is provided pursuant to a commitment or a court
12order, except that reimbursement is not required under this subdivision if the
health
13maintenance organization, limited service health organization or
preferred provider 14managed care plan could have provided the service through a provider with whom
15it has a provider agreement.
AB927, s. 48
16Section
48. 609.65 (1) (b) 2. of the statutes is amended to read:
AB927,20,2117
609.65
(1) (b) 2. The service is provided pursuant to an emergency detention
18under s. 51.15 or on an emergency basis to a person who is committed under s. 51.20
19and the provider notifies the
health maintenance organization, limited service
20health organization or
preferred provider managed care plan within 72 hours after
21the initial provision of the service.
AB927, s. 49
22Section
49. 609.65 (2) of the statutes is amended to read:
AB927,21,423
609.65
(2) If after receiving notice under sub. (1) (b) 2. the
health maintenance
24organization, limited service health organization or
preferred provider managed
25care plan arranges for services to be provided by a provider with whom it has a
1provider agreement, the
health maintenance organization, limited service health
2organization or
preferred provider managed care plan is not required to reimburse
3a provider under sub. (1) (b) 2. for any services provided after arrangements are made
4under this subsection.
AB927, s. 50
5Section
50. 609.65 (3) of the statutes is amended to read:
AB927,21,156
609.65
(3) A
health maintenance organization, limited service health
7organization or
preferred provider managed care plan is only required to make
8available, or make reimbursement for, an examination, evaluation or treatment
9under sub. (1) to the extent that the
health maintenance organization, limited
10service health organization or
preferred provider
managed care plan would have
11made the medically necessary service available to the
enrolled participant enrollee 12or reimbursed the provider for the service if any referrals required under s. 609.05
13(3) had been made and the service had been performed by a
participating provider
14selected by the health maintenance organization, limited service health
15organization or
preferred provider plan.
AB927, s. 51
16Section
51. 609.655 (1) (a) 1. of the statutes is amended to read:
AB927,21,1917
609.655
(1) (a) 1. Is covered as a dependent child under the terms of a policy
18or certificate issued by a
health maintenance organization managed care plan
19insurer.
AB927, s. 52
20Section
52. 609.655 (1) (a) 2. of the statutes is amended to read:
AB927,21,2321
609.655
(1) (a) 2. Is enrolled in a school located in this state but outside the
22geographical service area of the
health maintenance organization managed care
23plan.
AB927, s. 53
24Section
53. 609.655 (2) of the statutes is amended to read:
AB927,22,9
1609.655
(2) If a policy or certificate issued by a
health maintenance
2organization managed care plan insurer provides coverage of outpatient services
3provided to a dependent student, the policy or certificate shall provide coverage of
4outpatient services, to the extent and in the manner required under sub. (3), that are
5provided to the dependent student while he or she is attending a school located in this
6state but outside the geographical service area of the
health maintenance
7organization managed care plan, notwithstanding the limitations regarding
selected 8participating providers, primary providers and referrals under ss. 609.01 (2) and
9609.05 (3).
AB927, s. 54
10Section
54. 609.655 (3) (intro.) of the statutes is amended to read:
AB927,22,1311
609.655
(3) (intro.) Except as provided in sub. (5), a
health maintenance
12organization managed care plan shall provide coverage for all of the following
13services:
AB927, s. 55
14Section
55. 609.655 (3) (a) of the statutes is amended to read:
AB927,22,2015
609.655
(3) (a) A clinical assessment of the dependent student's nervous or
16mental disorders or alcoholism or other drug abuse problems, conducted by a
17provider described in s. 632.89 (1) (e) 2. or 3. who is located in this state and in
18reasonably close proximity to the school in which the dependent student is enrolled
19and who may be designated by the
health maintenance organization managed care
20plan.
AB927, s. 56
21Section
56. 609.655 (3) (b) (intro.) of the statutes is amended to read:
AB927,23,222
609.655
(3) (b) (intro.) If outpatient services are recommended in the clinical
23assessment conducted under par. (a), the recommended outpatient services
24consisting of not more than 5 visits to an outpatient treatment facility or other
25provider that is located in this state and in reasonably close proximity to the school
1in which the dependent student is enrolled and that may be designated by the
health
2maintenance organization managed care plan, except as follows:
AB927, s. 57
3Section
57. 609.655 (3) (b) 1. of the statutes is amended to read:
AB927,23,74
609.655
(3) (b) 1. Coverage is not required under this paragraph if the medical
5director of the
health maintenance organization managed care plan determines that
6the nature of the treatment recommended in the clinical assessment will prohibit the
7dependent student from attending school on a regular basis.
AB927, s. 58
8Section
58. 609.655 (4) (a) of the statutes is amended to read:
AB927,23,189
609.655
(4) (a) Upon completion of the 5 visits for outpatient services covered
10under sub. (3) (b), the medical director of the
health maintenance organization 11managed care plan and the clinician treating the dependent student shall review the
12dependent student's condition and determine whether it is appropriate to continue
13treatment of the dependent student's nervous or mental disorders or alcoholism or
14other drug abuse problems in reasonably close proximity to the school in which the
15student is enrolled. The review is not required if the dependent student is no longer
16enrolled in the school or if the coverage limits under the policy or certificate for
17treatment of nervous or mental disorders or alcoholism or other drug abuse problems
18have been exhausted.
AB927, s. 59
19Section
59. 609.655 (4) (b) of the statutes is amended to read:
AB927,24,320
609.655
(4) (b) Upon completion of the review under par. (a), the medical
21director of the
health maintenance organization managed care plan shall determine
22whether the policy or certificate will provide coverage of any further treatment for
23the dependent student's nervous or mental disorder or alcoholism or other drug
24abuse problems that is provided by a provider located in reasonably close proximity
25to the school in which the student is enrolled. If the dependent student disputes the
1medical director's determination, the dependent student may submit a written
2grievance under the
health maintenance organization's
managed care plan's 3internal grievance procedure established under s. 609.15.
AB927, s. 60
4Section
60. 609.655 (5) (a) of the statutes is amended to read:
AB927,24,105
609.655
(5) (a) A policy or certificate issued by a
health maintenance
6organization managed care plan insurer is required to provide coverage for the
7services specified in sub. (3) only to the extent that the policy or certificate would
8have covered the service if it had been provided to the dependent student by a
9selected participating provider within the geographical service area of the
health
10maintenance organization managed care plan.
AB927, s. 61
11Section
61. 609.655 (5) (b) of the statutes is amended to read:
AB927,24,1712
609.655
(5) (b) Paragraph (a) does not permit a
health maintenance
13organization managed care plan to reimburse a provider for less than the full cost
14of the services provided or an amount negotiated with the provider, solely because
15the reimbursement rate for the service would have been less if provided by a
selected 16participating provider within the geographical service area of the
health
17maintenance organization managed care plan.
AB927, s. 62
18Section
62. 609.70 of the statutes is amended to read:
AB927,24,21
19609.70 Chiropractic coverage. Health maintenance organizations, limited
20Limited service health organizations and
preferred provider managed care plans are
21subject to s. 632.87 (3).
AB927, s. 63
22Section
63. 609.75 of the statutes is amended to read:
AB927,25,4
23609.75 Adopted children coverage.
Health maintenance organizations,
24limited Limited service health organizations and
preferred provider managed care 25plans are subject to s. 632.896. Coverage of health care services obtained by adopted
1children and children placed for adoption may be subject to any requirements that
2the
health maintenance organization, limited service health organization or
3preferred provider managed care plan imposes under s. 609.05 (2) and (3) on the
4coverage of health care services obtained by other
enrolled participants enrollees.
AB927,25,9
7609.77 Coverage of breast reconstruction. Health maintenance
8organizations, limited Limited service health organizations and
preferred provider 9managed care plans are subject to s. 632.895 (13).
AB927,25,15
12609.78 Coverage of treatment for the correction of
13temporomandibular disorders. Health maintenance organizations, limited 14Limited service health organizations and
preferred provider managed care plans are
15subject to s. 632.895 (11).
AB927,25,21
18609.79 Coverage of hospital and ambulatory surgery center charges
19and anesthetics for dental care. Health maintenance organizations, limited 20Limited service health organizations and
preferred provider managed care plans are
21subject to s. 632.895 (12).
AB927, s. 67
22Section
67. 609.80 of the statutes is amended to read:
AB927,26,3
23609.80 Coverage of mammograms. Health maintenance organizations and
24preferred provider Managed care plans are subject to s. 632.895 (8). Coverage of
25mammograms under s. 632.895 (8) may be subject to any requirements that the
1health maintenance organization or preferred provider managed care plan imposes
2under s. 609.05 (2) and (3) on the coverage of other health care services obtained by
3enrolled participants enrollees.
AB927, s. 68
4Section
68. 609.81 of the statutes is amended to read:
AB927,26,8
5609.81 Coverage related to HIV infection. Health maintenance
6organizations, limited Limited service health organizations and
preferred provider 7managed care plans are subject to s. 631.93.
Health maintenance organizations and
8preferred provider Managed care plans are subject to s. 632.895 (9).
AB927, s. 69
9Section
69. 609.91 (1) (intro.) of the statutes is amended to read:
AB927,26,1510
609.91
(1) (title)
Immunity of enrolled participants enrollees and
11policyholders. (intro.) Except as provided in sub. (1m), an
enrolled participant 12enrollee or policyholder of a health maintenance organization insurer is not liable for
13health care costs that are incurred on or after January 1, 1990, and that are covered
14under a policy or certificate issued by the health maintenance organization insurer,
15if any of the following applies:
AB927, s. 70
16Section
70. 609.91 (1) (b) 2. of the statutes is amended to read:
AB927,26,1917
609.91
(1) (b) 2. Is physician services provided under a contract with the health
18maintenance organization insurer or by a
selected
participating provider of the
19health maintenance organization insurer.
AB927, s. 71
20Section
71. 609.91 (1) (b) 3. of the statutes is amended to read:
AB927,26,2321
609.91
(1) (b) 3. Is services, equipment, supplies or drugs that are ancillary or
22incidental to services described in subd. 2. and are provided by the contracting
23provider or
selected participating provider.
AB927, s. 72
24Section
72. 609.91 (1m) of the statutes is amended to read:
AB927,27,5
1609.91
(1m) Immunity of medical assistance recipients. An
enrolled
2participant enrollee, policyholder or insured under a policy issued by an insurer to
3the department of health and family services under s. 49.45 (2) (b) 2. to provide
4prepaid health care to medical assistance recipients is not liable for health care costs
5that are covered under the policy.
AB927, s. 73
6Section
73. 609.91 (2) of the statutes is amended to read:
AB927,27,127
609.91
(2) Prohibited recovery attempts. No person may bill, charge, collect
8a deposit from, seek remuneration or compensation from, file or threaten to file with
9a credit reporting agency or have any recourse against an
enrolled participant 10enrollee, policyholder or insured, or any person acting on their behalf, for health care
11costs for which the
enrolled participant enrollee, policyholder or insured, or person
12acting on their behalf, is not liable under sub. (1) or (1m).
AB927, s. 74
13Section
74. 609.91 (3) of the statutes is amended to read:
AB927,27,1814
609.91
(3) Deductibles, copayments and premiums. Subsections (1) to (2) do not
15affect the liability of an
enrolled participant enrollee, policyholder or insured for any
16deductibles, copayments or premiums owed under the policy or certificate issued by
17the health maintenance organization insurer or by the insurer described in sub.
18(1m).
AB927, s. 75
19Section
75. 609.91 (4) (intro.) of the statutes is amended to read:
AB927,27,2320
609.91
(4) (intro.)
Conditions not affecting the immunity. The immunity of
21an
enrolled participant enrollee, policyholder or insured for health care costs, to the
22extent of the immunity provided under this section and ss. 609.92 to 609.935, is not
23affected by any of the following:
AB927, s. 76
24Section
76. 609.91 (4) (a) of the statutes is amended to read:
AB927,28,6
1609.91
(4) (a) An agreement, other than a notice of election or termination of
2election in accordance with s. 609.92 or 609.925, entered into by the provider, the
3health maintenance organization insurer, the insurer described in sub. (1m) or any
4other person, at any time, whether oral or written and whether implied or explicit,
5including an agreement that purports to hold the
enrolled participant enrollee,
6policyholder or insured liable for health care costs.
AB927, s. 77
7Section
77. 609.91 (4) (b) of the statutes is amended to read:
AB927,28,128
609.91
(4) (b) A breach of or default on an agreement by the health
9maintenance organization insurer, the insurer described in sub. (1m) or any other
10person to compensate the provider, directly or indirectly, for health care costs,
11including health care costs for which the
enrolled participant enrollee, policyholder
12or insured is not liable under sub. (1) or (1m).
AB927, s. 78
13Section
78. 609.91 (4) (c) of the statutes is amended to read:
AB927,28,2214
609.91
(4) (c) The insolvency of the health maintenance organization insurer
15or any person contracting with the health maintenance organization insurer or
16provider, or the commencement or the existence of conditions permitting the
17commencement of insolvency, delinquency or bankruptcy proceedings involving the
18health maintenance organization insurer or other person, including delinquency
19proceedings, as defined in s. 645.03 (1) (b), under ch. 645, despite whether the health
20maintenance organization insurer or other person has agreed to compensate,
21directly or indirectly, the provider for health care costs for which the
enrolled
22participant enrollee or policyholder is not liable under sub. (1).
AB927, s. 79
23Section
79. 609.91 (4) (cm) of the statutes is amended to read:
AB927,29,624
609.91
(4) (cm) The insolvency of the insurer described in sub. (1m) or any
25person contracting with the insurer or provider, or the commencement or the
1existence of conditions permitting the commencement of insolvency, delinquency or
2bankruptcy proceedings involving the insurer or other person, including
3delinquency proceedings, as defined in s. 645.03 (1) (b), under ch. 645, despite
4whether the insurer or other person has agreed to compensate, directly or indirectly,
5the provider for health care costs for which the
enrolled participant enrollee,
6policyholder or insured is not liable under sub. (1m).
AB927, s. 80
7Section
80. 609.91 (4) (d) of the statutes is amended to read:
AB927,29,128
609.91
(4) (d) The inability of the provider or other person who is owed
9compensation for health care costs to obtain compensation from the health
10maintenance organization insurer, the insurer described in sub. (1m) or any other
11person for health care costs for which the
enrolled participant enrollee, policyholder
12or insured is not liable under sub. (1) or (1m).
AB927, s. 81
13Section
81. 609.92 (5) of the statutes is amended to read:
AB927,29,1814
609.92
(5) Provider of physician services. A provider who is not under
15contract with a health maintenance organization insurer and who is not a
selected 16participating provider of a health maintenance organization insurer is not subject
17to s. 609.91 (1) (b) 2. with respect to health care costs incurred by an
enrolled
18participant enrollee of that health maintenance organization insurer.
AB927, s. 82
19Section
82. 609.94 (1) (b) of the statutes is amended to read:
AB927,29,2220
609.94
(1) (b) Each
selected participating provider of the health maintenance
21organization insurer, at the time that the provider becomes a
selected participating 22provider.
AB927, s. 83
23Section
83. 645.69 (1) of the statutes is amended to read:
AB927,30,324
645.69
(1) A claim against a health maintenance organization insurer or an
25insurer described in s. 609.91 (1m) for health care costs, as defined in s. 609.01 (1j),
1for which an
enrolled participant enrollee, as defined in s. 609.01 (1d), policyholder
2or insured of the health maintenance organization insurer or other insurer is not
3liable under ss. 609.91 to 609.935.
AB927, s. 84
4Section
84. 645.69 (2) of the statutes is amended to read:
AB927,30,75
645.69
(2) A claim for health care costs, as defined in s. 609.01 (1j), for which
6an
enrolled participant enrollee, as defined in s. 609.01 (1d), or policyholder of a
7health maintenance organization is not liable for any reason.
AB927, s. 85
8Section
85. 646.31 (1) (d) 8. of the statutes is amended to read:
AB927,30,119
646.31
(1) (d) 8. Made for health care costs, as defined in s. 609.01 (1j), for which
10an
enrolled participant enrollee, as defined in s. 609.01 (1d), or policyholder of a
11health maintenance organization insurer is not liable under ss. 609.91 to 609.935.
AB927, s. 86
12Section
86. 646.31 (1) (d) 9. of the statutes is amended to read:
AB927,30,1513
646.31
(1) (d) 9. Made for health care costs, as defined in s. 609.01 (1j), for which
14an
enrolled participant enrollee, as defined in s. 609.01 (1d), or policyholder of a
15health maintenance organization is not liable for any reason.