Amendment CA1-SSA1-SB55

SB55-SSA1-CA1, s. 3741tmt Section 3741tmt. 609.655 (5) (b) of the statutes is amended to read:

SB55-SSA1-CA1,931,11 609.655 (5) (b) Paragraph (a) does not permit a managed care defined network plan to reimburse a provider for less than the full cost of the services provided or an amount negotiated with the provider, solely because the reimbursement rate for the service would have been less if provided by a participating provider within the geographical service area of the managed care defined network plan.

SB55-SSA1-CA1, s. 3741umg Section 3741umg. 609.70 of the statutes is amended to read:

SB55-SSA1-CA1,931,15 609.70 Chiropractic coverage. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 632.87 (3).

SB55-SSA1-CA1, s. 3741ump Section 3741ump. 609.75 of the statutes is amended to read:

SB55-SSA1-CA1,931,23 609.75 Adopted children coverage. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 632.896. Coverage of health care services obtained by adopted children and children placed for adoption may be subject to any requirements that the limited service health organization, preferred provider plan, or managed care defined network plan imposes under s. 609.05 (2) and (3) on the coverage of health care services obtained by other enrollees.

SB55-SSA1-CA1, s. 3741umt Section 3741umt. 609.77 of the statutes is amended to read:

SB55-SSA1-CA1,932,3 609.77 Coverage of breast reconstruction. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 632.895 (13).

SB55-SSA1-CA1, s. 3741vmg Section 3741vmg. 609.78 of the statutes is amended to read:

SB55-SSA1-CA1,932,8 609.78 Coverage of treatment for the correction of temporomandibular disorders. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 632.895 (11).

SB55-SSA1-CA1, s. 3741vmp Section 3741vmp. 609.79 of the statutes is amended to read:

SB55-SSA1-CA1,932,13 609.79 Coverage of hospital and ambulatory surgery center charges and anesthetics for dental care. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 632.895 (12).

SB55-SSA1-CA1, s. 3741vmt Section 3741vmt. 609.80 of the statutes is amended to read:

SB55-SSA1-CA1,932,19 609.80 Coverage of mammograms. Managed care Defined network plans are subject to s. 632.895 (8). Coverage of mammograms under s. 632.895 (8) may be subject to any requirements that the managed care defined network plan imposes under s. 609.05 (2) and (3) on the coverage of other health care services obtained by enrollees.

SB55-SSA1-CA1, s. 3741wmg Section 3741wmg. 609.81 of the statutes is amended to read:

SB55-SSA1-CA1,932,24 609.81 Coverage related to HIV infection. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 631.93. Managed care Defined network plans are subject to s. 632.895 (9).

SB55-SSA1-CA1, s. 3741wmp Section 3741wmp. 609.82 of the statutes is amended to read:

SB55-SSA1-CA1,933,3 609.82 Coverage without prior authorization for emergency medical condition treatment. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 632.85.

SB55-SSA1-CA1, s. 3741wmt Section 3741wmt. 609.83 of the statutes is amended to read:

SB55-SSA1-CA1,933,7 609.83 Coverage of drugs and devices. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 632.853.

SB55-SSA1-CA1, s. 3741xmg Section 3741xmg. 609.84 of the statutes is amended to read:

SB55-SSA1-CA1,933,11 609.84 Experimental treatment. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 632.855.

SB55-SSA1-CA1, s. 3741xmp Section 3741xmp. 609.88 of the statutes is amended to read:

SB55-SSA1-CA1,933,14 609.88 Coverage of immunizations. Managed care Defined network plans are subject to s. 632.895 (14).

SB55-SSA1-CA1, s. 3741xmr Section 3741xmr. 609.89 of the statutes is amended to read:

SB55-SSA1-CA1,933,18 609.89 Written reason for coverage denial. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 631.17.

SB55-SSA1-CA1, s. 3741xmt Section 3741xmt. 609.90 of the statutes is amended to read:

SB55-SSA1-CA1,933,22 609.90 Restrictions related to domestic abuse. Limited service health organizations, preferred provider plans, and managed care defined network plans are subject to s. 631.95.".

SB55-SSA1-CA1,933,23 1473. Page 1180, line 21: after that line insert:

SB55-SSA1-CA1,933,24 " Section 3741d. 607.25 of the statutes is created to read:

SB55-SSA1-CA1,934,12 607.25 Loan to general fund. No later than the first day of the 2nd month after the effective date of this section .... [revisor inserts date], the life fund shall make a loan of $850,000 to the general fund. Notwithstanding s. 604.03 (2), no interest shall be charged on the loan during the period of the loan. The general fund shall repay the loan from moneys lapsed to the general fund from the appropriation under s. 20.515 (2) (a) at the end of the 2001-03 fiscal biennium, if any, and from moneys lapsed to the general fund from the appropriation under s. 20.515 (2) (g) in the amounts specified in s. 40.98 (6m). If the secretary of administration determines that the moneys lapsed from these appropriations will not be sufficient to repay the loan within a reasonable period of time, as determined by the secretary and the commissioner, the secretary shall transfer from the general fund to the life fund an amount sufficient to repay the loan.".

SB55-SSA1-CA1,934,13 1474. Page 1181, line 3: after that line insert:

SB55-SSA1-CA1,934,14 " Section 3755g. 628.46 (2m) of the statutes is created to read:

SB55-SSA1-CA1,934,19 628.46 (2m) Notwithstanding subs. (1) and (2), a claim for payment for chiropractic services is overdue if not paid within 30 days after the insurer receives clinical documentation from the chiropractor that the services were provided unless, within those 30 days, the insurer provides to the insured and to the chiropractor the written statement under s. 632.875 (2).

SB55-SSA1-CA1, s. 3760m Section 3760m. 632.875 (2) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,935,3 632.875 (2) (intro.) If, on the basis of an independent evaluation, an insurer restricts or terminates a patient's coverage for the treatment of a condition or complaint by a chiropractor acting within the scope of his or her license and the restriction or termination of coverage results in the patient becoming liable for payment for his or her treatment, the insurer shall, within the time required under s. 628.46 (2m), provide to the patient and to the treating chiropractor a written statement that contains all of the following:".

SB55-SSA1-CA1,935,4 1475. Page 1181, line 12: after that line insert:

SB55-SSA1-CA1,935,5 " Section 3766r. 635.19 (6) of the statutes is repealed.".

SB55-SSA1-CA1,935,6 1476. Page 1181, line 12: after that line insert:

SB55-SSA1-CA1,935,7 " Section 3763f. 632.895 (14) (c) of the statutes is amended to read:

SB55-SSA1-CA1,935,12 632.895 (14) (c) The coverage required under par. (b) may not be subject to any deductibles, copayments, or coinsurance under the policy or plan. This paragraph applies to a managed care defined network plan, as defined in s. 609.01 (3c) (1b), only with respect to appropriate and necessary immunizations provided by providers participating, as defined in s. 609.01 (3m), in the plan.

SB55-SSA1-CA1, s. 3763g Section 3763g. 632.895 (14) (d) 3. of the statutes is amended to read:

SB55-SSA1-CA1,935,17 632.895 (14) (d) 3. A health care plan offered by a limited service health organization, as defined in s. 609.01 (3), or by a preferred provider plan, as defined in s. 609.01 (4), that is not a managed care defined network plan, as defined in s. 609.01 (3c) (1b).".

SB55-SSA1-CA1,935,18 1477. Page 1181, line 12: after that line insert:

SB55-SSA1-CA1,935,19 " Section 3766e. 635.02 (2) of the statutes is amended to read:

SB55-SSA1-CA1,936,2 635.02 (2) "Case characteristics" means the demographic, actuarially based characteristics of the employees of a small employer, and the employer, if covered, such as age, sex, and geographic location and occupation, used by a small employer insurer to determine premium rates for a small employer. "Case characteristics" does not include loss or claim history, health status, occupation, duration of coverage, or other factors related to claim experience.

SB55-SSA1-CA1, s. 3766ec Section 3766ec. 635.02 (3e) of the statutes is created to read:

SB55-SSA1-CA1,936,4 635.02 (3e) "Eligible employee" has the meaning given in s. 632.745 (5) (a).

SB55-SSA1-CA1, s. 3766ef Section 3766ef. 635.02 (7) of the statutes is amended to read:

SB55-SSA1-CA1,936,12 635.02 (7) "Small employer" means, with respect to a calendar year and a plan year, an employer that employed an average of at least 2 but not more than 50 eligible employees on business days during the preceding calendar year, or that is reasonably expected to employ an average of at least 2 but not more than 50 eligible employees on business days during the current calendar year if the employer was not in existence during the preceding calendar year, and that employs at least 2 eligible employees on the first day of the plan year.

SB55-SSA1-CA1, s. 3766em Section 3766em. 635.05 (1) of the statutes is amended to read:

SB55-SSA1-CA1,936,18 635.05 (1) Establishing restrictions on premium rates that a small employer insurer may charge a small employer such that the premium rates charged to small employers with similar case characteristics for the same or similar benefit design characteristics do not vary from the midpoint rate for those small employers by more than 35% 10% of that midpoint rate.

SB55-SSA1-CA1, s. 3766f Section 3766f. 635.05 (2) (a) 2. of the statutes is amended to read:

SB55-SSA1-CA1,936,23 635.05 (2) (a) 2. An adjustment, not to exceed 15% per year, adjusted proportionally for rating periods of less than one year, for such rating factors as claim experience, health status, occupation, and duration of coverage, determined in accordance with the small employer insurer's rate manual or rating procedures.

SB55-SSA1-CA1, s. 3766g Section 3766g. 635.05 (7) of the statutes is created to read:

SB55-SSA1-CA1,937,2 635.05 (7) Specifying the manner in which rates must be published under s. 635.12.

SB55-SSA1-CA1, s. 3766j Section 3766j. 635.12 of the statutes is created to read:

SB55-SSA1-CA1,937,9 635.12 Annual publication of rates. Every small employer insurer shall annually publish the small employer insurer's current new business premium rates. The rates shall be published in the manner and according to categories required by rule under s. 635.05 (7). New business premium rates for coverage under the health care coverage program under subch. X of ch. 40 shall be published as required under s. 40.98 (2) (d).".

SB55-SSA1-CA1,937,10 1478. Page 1182, line 24: delete "13%" and substitute "24%".

SB55-SSA1-CA1,937,11 1479. Page 1184, line 3: after that line insert:

SB55-SSA1-CA1,937,13 " Section 3780c. 757.54 of the statutes is renumbered 757.54 (1) and amended to read:

SB55-SSA1-CA1,937,17 757.54 (1) The Except as provided in sub. (2), the retention and disposal of all court records and exhibits in any civil or criminal action or proceeding or probate proceeding of any nature in a court of record shall be determined by the supreme court by rule.

SB55-SSA1-CA1, s. 3780d Section 3780d. 757.54 (2) of the statutes is created to read:

SB55-SSA1-CA1,937,19 757.54 (2) (a) In this subsection:

SB55-SSA1-CA1,937,20 1. "Custody" has the meaning given in s. 968.205 (1) (a).

SB55-SSA1-CA1,937,21 2. "Discharge date" has the meaning given in s. 968.205 (1) (b).

SB55-SSA1-CA1,938,4 (b) Except as provided in par. (c), if an exhibit in a criminal action or a delinquency proceeding under ch. 938 includes any biological material that was collected in connection with the action or proceeding, the court presiding over the action or proceeding shall ensure that the exhibit is preserved until every person in custody as a result of the action or proceeding, or as a result of commitment under s. 980.06 that is based on a judgment of guilty or not guilty by reason of mental disease or defect in the action or proceeding, has reached his or her discharge date.

SB55-SSA1-CA1,938,6 (c) Subject to par. (e), the court may destroy biological material before the expiration of the time period specified in par. (b) if all of the following apply:

SB55-SSA1-CA1,938,10 1. The court sends a notice of its intent to destroy the biological material to all persons who remain in custody as a result of the criminal action, delinquency proceeding, or commitment under s. 980.06 and to either the attorney of record for each person in custody or the state public defender.

SB55-SSA1-CA1,938,12 2. No person who is notified under subd. 1. does either of the following within 90 days after the date on which the person received the notice:

SB55-SSA1-CA1,938,13 a. Files a motion for testing of the biological material under s. 974.07 (2).

SB55-SSA1-CA1,938,14 b. Submits a written request to preserve the biological material to the court.

SB55-SSA1-CA1,938,16 3. No other provision of federal or state law requires the court to preserve the biological material.

SB55-SSA1-CA1,938,21 (d) A notice provided under par. (c) 1. shall clearly inform the recipient that the biological material will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the material is filed under s. 974.07 (2) or a written request to preserve the material is submitted to the court.

SB55-SSA1-CA1,939,2 (e) If, after providing notice under par. (c) 1. of its intent to destroy biological material, a court receives a written request to preserve the material, the court shall preserve the material until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the biological material under s. 974.07 (9) (b) or (10) (a) 5.".

SB55-SSA1-CA1,939,3 1480. Page 1185, line 6: after that line insert:

SB55-SSA1-CA1,939,4 " Section 3781d. 758.19 (8) of the statutes is created to read:

SB55-SSA1-CA1,939,13 758.19 (8) (a) From the appropriation under s. 20.625 (1) (c), the director of state courts shall reimburse counties up to 4 times each year for the actual expenses paid for interpreters required by circuit courts to assist persons with limited English proficiency under s. 885.38 (8) (a) 1. The amount of the reimbursement for mileage shall be 20 cents per mile going and returning from his or her residence if within the state; or, if without the state, from the point where he or she crosses the state boundary to the place of attendance, and returning by the usually traveled route between such points. The amount of the maximum hourly reimbursement for court interpreters shall be as follows:

SB55-SSA1-CA1,939,16 1. Forty dollars for the first hour and $20 for each additional 0.5 hour for qualified interpreters certified under the requirements and procedures approved by the supreme court.

SB55-SSA1-CA1,939,18 2. Thirty dollars for the first hour and $15 for each additional 0.5 hour for qualified interpreters, as defined in s. 885.38 (1) (c).

SB55-SSA1-CA1,940,3 (b) To receive reimbursement under par. (a), a county must submit, on forms provided by the director of state courts, an accounting of the amount paid for expenses related to court interpreters that are eligible for reimbursement under par. (a). The forms must include expenses for the preceding 3-month period and must be submitted within 90 days after that 3-month period has ended. The director of state courts may not reimburse a county for any expenses related to court interpreters that are submitted after the 90-day period has ended. Reimbursement under par. (a) first applies to court interpreter expenses incurred on the effective date of this paragraph .... [revisor inserts date].".

SB55-SSA1-CA1,940,4 1481. Page 1190, line 16: after that line insert:

SB55-SSA1-CA1,940,5 " Section 3788m. 767.27 (2) of the statutes is amended to read:

SB55-SSA1-CA1,940,10 767.27 (2) Except as provided in sub. (2m), disclosure Disclosure forms required under this section shall be filed within 90 days after the service of summons or the filing of a joint petition or at such other time as ordered by the court or family court commissioner. Information contained on such forms shall be updated on the record to the date of hearing.

SB55-SSA1-CA1, s. 3788p Section 3788p. 767.27 (2m) of the statutes is amended to read:

SB55-SSA1-CA1,941,6 767.27 (2m) In every action in which the court has ordered a party to pay child support under s. 767.25, 767.51 or 767.62 (4) or family support under s. 767.261 and the circumstances specified in s. 767.075 (1) apply this chapter, including an action to revise a judgment or order under s. 767.32, the court shall require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and may require that party to annually furnish a copy of his or her most recently filed state and federal income tax returns to the county child support agency under s. 59.53 (5) for the county in which the order was entered. In any action in which the court has ordered a party to pay child support under s. 767.25, 767.51 or 767.62 (4) or family support under s. 767.261, the court may require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and a copy of his or her most recently filed state and federal income tax returns to the party for whom the support has been awarded parties annually to exchange financial information. A party who fails to furnish the information as required by the court under this subsection may be proceeded against for contempt of court under ch. 785. If the court finds that a party has failed to furnish the information required under this subsection, the court may award to the party bringing the action costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.".

SB55-SSA1-CA1,941,7 1482. Page 1195, line 22: delete lines 22 to 24 and substitute:

SB55-SSA1-CA1,941,10 "(5) (a) Nothing in this section affects a party's right to file at any time a motion, petition, or order to show cause under s. 767.32 for revision of a judgment or order with respect to an amount of child or family support.