LRB-3050/3
PJK:jld:rs
2003 - 2004 LEGISLATURE
November 19, 2003 - Introduced by Senators Kanavas, Darling, A. Lasee,
Reynolds, Roessler, Schultz
and Welch, cosponsored by Representatives
Gielow, Van Roy, Ainsworth, Albers, Bies, Hahn, Hines, Honadel,
Gunderson, Jeskewitz, Kestell, Krawczyk, Ladwig, M. Lehman, Montgomery,
Musser, Nischke, Olsen, Ott, Petrowski, Pettis, Seratti, Stone, Townsend,
Underheim, Vrakas
and Vukmir. Referred to Committee on Agriculture,
Financial Institutions and Insurance.
SB322,1,2 1An Act to amend 632.745 (9), 635.01 and 635.02 (8) of the statutes; relating to:
2the definition of a group health benefit plan.
Analysis by the Legislative Reference Bureau
Current law contains various requirements that apply to group health benefit
plans or the insurers that issue group health benefit plans. For example, consistent
with the federal Health Insurance Portability and Accountability Act, insurers that
sell group health benefit plans to employers must comply with requirements related
to preexisting conditions, enrollment periods, and contract renewals. Insurers that
sell group health benefit plans to employers with between 2 and 50 employees are
subject to certain marketing standards and to certain restrictions on premium rates
that may be charged for those policies.
Current law generally defines a group health benefit plan as a health benefit
plan that is sold to or through an employer on behalf of a group that consists of at
least two employees or individual health benefit plans covering eligible employees
when three or more are sold to or through an employer. This bill redefines a group
health benefit plan so that the requirements in current law will apply to a plan issued
to or through an employer covering at least two of the employer's employees, and to
health benefit plans issued to three or more employees of the same employer, only
if the employer pays or reimburses the employees for all or a portion of the premiums.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB322, s. 1
1Section 1. 632.745 (9) of the statutes is amended to read:
SB322,2,82 632.745 (9) "Group health benefit plan" means a health benefit plan that is
3issued by an insurer to or through an employer on behalf of a group consisting of
4covering at least 2 employees or a group including at least 2 eligible employees. The
5term includes individual
of that employer or health benefit plans covering eligible
6employees when
issued to 3 or more are sold to or through an employees of the same
7employer, but only if the employer pays, or reimburses the employees, for all or a
8portion of the premiums
.
SB322, s. 2 9Section 2. 635.01 of the statutes is amended to read:
SB322,2,16 10635.01 Scope. This chapter applies to all group health insurance benefit
11plans, policies or certificates, written on risks or operations in this state, providing
12coverage for employees of a small employer, or employees of a small employer and the
13employer, and to individual health insurance policies, written on risks or operations
14in this state, providing coverage for employees of a small employer, or employees of
15a small employer and the employer when 3 or more are sold to or through a small
16employer
.
SB322, s. 3 17Section 3. 635.02 (8) of the statutes is amended to read:
SB322,3,218 635.02 (8) "Small employer insurer" means an insurer that is authorized to do
19business in this state, in one or more lines of insurance that includes health
20insurance, and that offers group health benefit plans covering eligible, providing
21coverage for
employees of one or more small employers in this state, or that sells 3
22or more individual health benefit plans to a small employer, covering eligible
23employees of the small employer
. The term includes a health maintenance
24organization, as defined in s. 609.01 (2), a preferred provider plan, as defined in s.
25609.01 (4), and an insurer operating as a cooperative association organized under ss.

1185.981 to 185.985, but does not include a limited service health organization, as
2defined in s. 609.01 (3).
SB322,3,33 (End)
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