SB44,831,16
13136.04 Powers of the department of agriculture, trade and consumer
14protection justice. (1) The department of
agriculture, trade and consumer
15protection justice may adopt such rules as may be required to carry out the purposes
16of this chapter.
SB44,831,20
17(2) The department of
agriculture, trade and consumer protection justice after
18public hearing may issue general or special orders to carry out the purposes of this
19chapter and to determine and prohibit unfair trade practices in business or unfair
20methods of competition in business pursuant to s. 100.20 (2) to (4).
SB44, s. 2052
21Section
2052. 138.052 (5) (am) 2. a. of the statutes is amended to read:
SB44,832,422
138.052
(5) (am) 2. a.
On January 1, 1994, and annually thereafter Annually,
23the division of banking for banks,
the division of savings institutions for savings and
24loan associations
, and savings banks
, and the office of credit unions for credit unions
, 25shall determine the interest rate that is the average of the interest rates paid,
1rounded to the nearest one-hundredth of a percent, on regular passbook deposit
2accounts by institutions under the division's or office's jurisdiction at the close of the
3last quarterly reporting period that ended at least 30 days before the determination
4is made.
SB44, s. 2053
5Section
2053. 138.052 (5) (am) 2. b. of the statutes is amended to read:
SB44,832,126
138.052
(5) (am) 2. b.
The office of credit unions and the division of banking
7shall report the rate calculated to the division of savings institutions within Within 85 days after the date on which the determination is made
. The, the division of
savings
9institutions banking shall calculate the average, rounded to the nearest
10one-hundredth of a percent, of the
3 rates
determined by the division of banking and
11the office of credit unions and report that interest rate to the revisor of statutes
12within 5 days after the date on which the determination is made.
SB44, s. 2054
13Section
2054. 138.055 (4) (a) of the statutes is repealed.
SB44, s. 2055
14Section
2055. 138.056 (1) (a) 4. a. of the statutes is repealed.
SB44, s. 2056
15Section
2056. 139.10 (title) of the statutes is amended to read:
SB44,832,16
16139.10 (title)
Refunds by state treasurer secretary of administration.
SB44, s. 2057
17Section
2057. 139.10 (1) of the statutes is amended to read:
SB44,832,2318
139.10
(1) On the certificate of the secretary, the
state treasurer secretary of
19administration shall refund to any purchaser or any banking institution in
20Wisconsin the tax paid on intoxicating liquor or on whole cases or full kegs of
21fermented malt beverages which are spoiled or unfit to drink and the tax paid on
22fermented malt beverages sold to the U.S. armed forces or the secretary may make
23allowance of the amount of the tax.
SB44, s. 2058
24Section
2058. 139.39 (4) of the statutes is amended to read:
SB44,833,9
1139.39
(4) No suit shall be maintained in any court to restrain or delay the
2collection or payment of the tax levied in s. 139.31. The aggrieved taxpayer shall pay
3the tax when due and, if paid under protest, may at any time within 90 days from the
4date of payment, sue the state to recover the tax paid. If it is finally determined that
5any part of the tax was wrongfully collected, the
department secretary of
6administration shall
issue a warrant on the state treasurer for pay the amount
7wrongfully collected
, and the treasurer shall pay the same out of the general fund.
8A separate suit need not be filed for each separate payment made by any taxpayer,
9but a recovery may be had in one suit for as many payments as may have been made.
SB44, s. 2059
10Section
2059. 146.185 (1) (i) of the statutes is amended to read:
SB44,833,1111
146.185
(1) (i) "State agency" has the meaning given in s. 16.70
(1) (1e).
SB44, s. 2060
12Section
2060. 146.59 (3) (b) of the statutes is amended to read:
SB44,833,1613
146.59
(3) (b) Any authorization under par. (a) shall comply with all applicable
14provisions of subch. V of ch. 111 and ch. 230, any delegation of authority by the
15department of
employment relations administration to the board, and any collective
16bargaining agreement with respect to employees of the board.
SB44, s. 2061
17Section
2061. 146.65 (1) (a) and (b) of the statutes are amended to read:
SB44,833,2218
146.65
(1) (a) In
state fiscal year 2001-02, not more than $618,000 and in fiscal
19year 2002-03 each fiscal year, not more than $232,000, to the rural health dental
20clinic located in Ladysmith that provides dental services to persons who are
21developmentally disabled or elderly or who have low income, in the counties of Rusk,
22Price, Taylor, Sawyer, and Chippewa.
SB44,834,223
(b) In
fiscal year 2001-02, not more than $294,500 and in state fiscal year
242002-03 each fiscal year, not more than $355,600, to the rural health dental clinic
25located in Menomonie that provides dental services to persons who are
1developmentally disabled or elderly or who have low income, in the counties of
2Barron, Chippewa, Dunn, Pepin, Pierce, Polk, and St. Croix.
SB44, s. 2063
4Section
2063. 146.946 of the statutes is created to read:
SB44,834,6
5146.946 Pharmacy benefits purchasing pool for governmental units. 6(1) In this section:
SB44,834,77
(a) "Brand name" has the meaning given in s. 450.12 (1) (a).
SB44,834,88
(b) "Generic name" has the meaning given in s. 450.12 (1) (b).
SB44,834,159
(c) "Governmental unit" means the state, including any body in state
10government created or authorized to be created by the constitution or any law; an
11instrumentality of the state or any corporation or other body created by the state; a
12political subdivision of the state; a special purpose district in this state; an
13instrumentality, corporation, or other body of a political subdivision or special
14purpose district; and any combination or subunit of any of the foregoing or of an
15instrumentality of the state and any of the foregoing.
SB44,834,1616
(d) "Prescription drug" has the meaning given in s. 450.01 (20).
SB44,835,3
17(2) Beginning on January 1, 2005, each governmental unit that offers or is
18required to provide health insurance coverage to any of its employees shall, together
19with every other such governmental unit, develop a common purchasing pool for
20pharmacy benefits that uses a preferred list of covered prescription drugs. The
21governmental units shall seek to develop the preferred list of covered prescription
22drugs under an evidence-based analysis that first identifies the relative
23effectiveness of prescription drugs within therapeutic classes for particular diseases
24and conditions and next identifies the least costly prescription drugs, including
25prescription drugs with generic names that are alternatives to prescription drugs
1with brand names, among those found to be equally effective. After the purchasing
2pool is developed, the pool shall be available to an employer to whom all of the
3following apply:
SB44,835,44
(a) The employer is not a governmental unit.
SB44,835,65
(b) The employer provides health insurance coverage to any of the employer's
6employees.
SB44,835,77
(c) The governor requests the employer's participation in the pool.
SB44, s. 2064
8Section
2064. 146.997 (4) (a) of the statutes is amended to read:
SB44,835,149
146.997
(4) (a)
Subject to par. (b), any Any employee of a health care facility
10or health care provider who is subjected to disciplinary action, or who is threatened
11with disciplinary action, in violation of sub. (3) may file a complaint with the
12department under s. 106.54 (6). If the department finds that a violation of sub. (3)
13has been committed, the department may take such action under s. 111.39 as will
14effectuate the purpose of this section.
SB44, s. 2065
15Section
2065. 146.997 (4) (b) of the statutes is repealed.
SB44, s. 2066
16Section
2066. 146.997 (4) (c) of the statutes is amended to read:
SB44,835,1817
146.997
(4) (c) Section 111.322 (2m) applies to a disciplinary action arising in
18connection with any proceeding under par. (a)
or (b).
SB44, s. 2067
19Section
2067. 149.10 (8b) of the statutes is repealed.
SB44, s. 2068
20Section
2068. 149.14 (5) (e) of the statutes is amended to read:
SB44,836,521
149.14
(5) (e) Subject to sub. (8) (b), the department may, by rule under s. 149.17
22(4), establish for prescription drug coverage under sub. (3) (d) copayment amounts,
23coinsurance rates, and copayment and coinsurance out-of-pocket limits over which
24the plan will pay 100% of covered costs under sub. (3) (d).
The department may
25provide subsidies for prescription drug copayment amounts paid by eligible persons
1under s. 149.165 (2) (a) 1. to 5. Any copayment amount, coinsurance rate, or
2out-of-pocket limit established under this paragraph is subject to the approval of the
3board. Copayments and coinsurance paid by an eligible person under this paragraph
4are separate from and do not count toward the deductible and covered costs not paid
5by the plan under pars. (a) to (c).
SB44, s. 2069
6Section
2069. 149.143 (1) (a) of the statutes is repealed.
SB44, s. 2070
7Section
2070. 149.143 (1) (b) (intro.) of the statutes is repealed.
SB44, s. 2071
8Section
2071. 149.143 (1) (b) 1. of the statutes is renumbered 149.143 (1) (am)
9and amended to read:
SB44,836,1110
149.143
(1) (am) A total of
60% 58% from the following sources, calculated as
11follows:
SB44,836,2012
1. First, from premiums from eligible persons with coverage under s. 149.14 (2)
13(a) set at a rate that is 140% to 150% of the rate that a standard risk would be charged
14under an individual policy providing substantially the same coverage and
15deductibles as are provided under the plan and from eligible persons with coverage
16under s. 149.14 (2) (b) set in accordance with s. 149.14 (5m), including amounts
17received for premium
and, deductible
, and prescription drug copayment subsidies
18under s. 149.144
and under the transfer to the fund from the appropriation account
19under s. 20.435 (4) (ah), and from premiums collected from eligible persons with
20coverage under s. 149.146 set in accordance with s. 149.146 (2) (b).
SB44,836,2221
2. Second, from moneys specified under sub. (2m), to the extent that the
22amounts under subd. 1.
a. are insufficient to pay
60% 58% of plan costs.
SB44,837,923
3. Third, by increasing premiums from eligible persons with coverage under s.
24149.14 (2) (a) to more than the rate at which premiums were set under subd. 1.
a. 25but not more than 200% of the rate that a standard risk would be charged under an
1individual policy providing substantially the same coverage and deductibles as are
2provided under the plan and from eligible persons with coverage under s. 149.14 (2)
3(b) by a comparable amount in accordance with s. 149.14 (5m), including amounts
4received for premium
and, deductible
, and prescription drug copayment subsidies
5under s. 149.144
and under the transfer to the fund from the appropriation account
6under s. 20.435 (4) (ah), and by increasing premiums from eligible persons with
7coverage under s. 149.146 in accordance with s. 149.146 (2) (b), to the extent that the
8amounts under
subd. 1. a. subds. 1. and
b. 2. are insufficient to pay
60% 58% of plan
9costs.
SB44,837,1410
4. Fourth, notwithstanding
subd. 2. par. (bm), by increasing insurer
11assessments, excluding assessments under s. 149.144, and adjusting provider
12payment rates, subject to s. 149.142 (1) (b) and excluding adjustments to those rates
13under s. 149.144, in equal proportions and to the extent that the amounts under
14subd. 1. a. to c. subds. 1. to 3. are insufficient to pay
60% 58% of plan costs.
SB44, s. 2072
15Section
2072. 149.143 (1) (b) 2. of the statutes is renumbered 149.143 (1) (bm),
16and 149.143 (1) (bm) (intro.), as renumbered, is amended to read:
SB44,837,1717
149.143
(1) (bm) (intro.) A total of
40% 42% as follows:
SB44, s. 2073
18Section
2073. 149.143 (2) (a) (intro.) of the statutes is amended to read:
SB44,837,2319
149.143
(2) (a) (intro.) Prior to each plan year, the department shall estimate
20the operating and administrative costs of the plan and the costs of the premium
21reductions under s. 149.165
and, the deductible reductions under s. 149.14 (5) (a)
,
22and any prescription drug copayment reductions under s. 149.14 (5) (e) for the new
23plan year and do all of the following:
SB44, s. 2074
24Section
2074. 149.143 (2) (a) 1. a. of the statutes is amended to read:
SB44,838,9
1149.143
(2) (a) 1. a. Estimate the amount of enrollee premiums that would be
2received in the new plan year if the enrollee premiums were set at a level sufficient,
3when including amounts received for premium
and, deductible
, and prescription
4drug copayment subsidies under s. 149.144
and under the transfer to the fund from
5the appropriation account under s. 20.435 (4) (ah) and from premiums collected from
6eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2)
7(b), to cover
60% 58% of the estimated plan costs for the new plan year
, after
8deducting from the estimated plan costs the amount available for transfer to the fund
9from the appropriation account under s. 20.435 (4) (af) for that plan year.
SB44, s. 2075
10Section
2075. 149.143 (2) (a) 1. b. of the statutes is amended to read:
SB44,838,1211
149.143
(2) (a) 1. b. Estimate the amount of enrollee premiums that will be
12received under sub. (1)
(b) 1. a. (am) 1.
SB44, s. 2076
13Section
2076. 149.143 (2) (a) 2. of the statutes is amended to read:
SB44,838,2014
149.143
(2) (a) 2. After making the determinations under subd. 1., by rule set
15premium rates for the new plan year, including the rates under s. 149.146 (2) (b), in
16the manner specified in sub. (1)
(b) 1. a. and c.
(am) 1. and 3. and such that a rate for
17coverage under s. 149.14 (2) (a) is approved by the board and is not less than 140%
18nor more than 200% of the rate that a standard risk would be charged under an
19individual policy providing substantially the same coverage and deductibles as are
20provided under the plan.
SB44, s. 2077
21Section
2077. 149.143 (2) (a) 3. of the statutes is amended to read:
SB44,838,2522
149.143
(2) (a) 3. By rule set the total insurer assessments under s. 149.13 for
23the new plan year by estimating and setting the assessments at the amount
24necessary to equal the amounts specified in sub. (1)
(b) 1. d. and 2. a. (am) 4. and (bm)
251. and notify the commissioner of the amount.
SB44, s. 2078
1Section
2078. 149.143 (2) (a) 4. of the statutes is amended to read:
SB44,839,52
149.143
(2) (a) 4. By the same rule as under subd. 3. adjust the provider
3payment rate for the new plan year, subject to s. 149.142 (1) (b), by estimating and
4setting the rate at the level necessary to equal the amounts specified in sub. (1)
(b)
51. d. and 2. b. (am) 4. and (bm) 2. and as provided in s. 149.145.
SB44, s. 2079
6Section
2079. 149.143 (2) (b) of the statutes is amended to read:
SB44,839,127
149.143
(2) (b) In setting the premium rates under par. (a) 2., the insurer
8assessment amount under par. (a) 3. and the provider payment rate under par. (a)
94. for the new plan year, the department shall include any increase or decrease
10necessary to reflect the amount, if any, by which the rates and amount set under par.
11(a) for the current plan year differed from the rates and amount which would have
12equaled the amounts specified in sub. (1)
(b) (am) and (bm) in the current plan year.
SB44, s. 2080
13Section
2080. 149.143 (2m) (a) 1. of the statutes is amended to read:
SB44,839,1614
149.143
(2m) (a) 1. The amount of premiums received in a plan year from all
15eligible persons, including amounts received for premium
and, deductible
, and
16prescription drug copayment subsidies.
SB44, s. 2081
17Section
2081. 149.143 (2m) (a) 2. of the statutes is amended to read:
SB44,839,2118
149.143
(2m) (a) 2. The amount of premiums, including amounts received for
19premium
and, deductible
, and prescription drug copayment subsidies, necessary to
20cover
60% 58% of the plan costs for the plan year
, after deducting the amount
21transferred to the fund from the appropriation account under s. 20.435 (4) (af).
SB44, s. 2082
22Section
2082. 149.143 (2m) (b) 1. of the statutes is amended to read:
SB44,840,223
149.143
(2m) (b) 1. To reduce premiums in succeeding plan years as provided
24in sub. (1)
(b) 1. b. (am) 2. For eligible persons with coverage under s. 149.14 (2) (a),
25premiums may not be reduced below 140% of the rate that a standard risk would be
1charged under an individual policy providing substantially the same coverage and
2deductibles as are provided under the plan.
SB44, s. 2083
3Section
2083. 149.143 (3) (a) of the statutes is amended to read:
SB44,840,144
149.143
(3) (a) If, during a plan year, the department determines that the
5amounts estimated to be received as a result of the rates and amount set under sub.
6(2) (a) 2. to 4. and any adjustments in insurer assessments and the provider payment
7rate under s. 149.144 will not be sufficient to cover plan costs, the department may
8by rule increase the premium rates set under sub. (2) (a) 2. for the remainder of the
9plan year, subject to s. 149.146 (2) (b) and the maximum specified in sub. (2) (a) 2.,
10by rule increase the assessments set under sub. (2) (a) 3. for the remainder of the plan
11year, subject to sub. (1)
(b) 2. a. (bm) 1., and by the same rule under which
12assessments are increased adjust the provider payment rate set under sub. (2) (a) 4.
13for the remainder of the plan year, subject to sub. (1)
(b) 2. b. (bm) 2. and s. 149.142
14(1) (b).
SB44, s. 2084
15Section
2084. 149.143 (3) (b) of the statutes is amended to read:
SB44,840,2216
149.143
(3) (b) If the department increases premium rates and insurer
17assessments and adjusts the provider payment rate under par. (a) and determines
18that there will still be a deficit and that premium rates have been increased to the
19maximum extent allowable under par. (a), the department may further adjust, in
20equal proportions, assessments set under sub. (2) (a) 3. and the provider payment
21rate set under sub. (2) (a) 4., without regard to sub. (1)
(b) 2. (bm) but subject to s.
22149.142 (1) (b).
SB44, s. 2085
23Section
2085. 149.144 of the statutes is amended to read:
SB44,841,14
24149.144 Adjustments to insurer assessments and provider payment
25rates for premium and, deductible
, and prescription drug copayment
1reductions. If the moneys transferred to the fund under the appropriation under
2s. 20.435 (4) (ah) are insufficient to reimburse the plan for premium reductions under
3s. 149.165 and deductible reductions under s. 149.14 (5) (a), or the department
4determines that the moneys transferred or to be transferred to the fund under the
5appropriation under s. 20.435 (4) (ah) will be insufficient to reimburse the plan for
6premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5)
7(a), the The department
may
shall, by rule, adjust in equal proportions the amount
8of the assessment set under s. 149.143 (2) (a) 3. and the provider payment rate set
9under s. 149.143 (2) (a) 4., subject to ss. 149.142 (1) (b) and 149.143 (1)
(b) 1. (am),
10sufficient to reimburse the plan for premium reductions under s. 149.165
and, 11deductible reductions under s. 149.14 (5) (a)
. If the department makes the
12adjustment under this section, the, and any prescription drug copayment reductions
13under s. 149.14 (5) (e). The department shall notify the commissioner so that the
14commissioner may levy any increase in insurer assessments.
SB44, s. 2086
15Section
2086. 149.145 of the statutes is amended to read:
SB44,842,2
16149.145 Program budget. The department, in consultation with the board,
17shall establish a program budget for each plan year. The program budget shall be
18based on the provider payment rates specified in s. 149.142 and in the most recent
19provider contracts that are in effect and on the funding sources specified in
s. ss. 20149.143 (1)
and 149.144, including the methodologies specified in ss. 149.143,
21149.144, and 149.146 for determining premium rates, insurer assessments, and
22provider payment rates. Except as otherwise provided in s. 149.143 (3) (a) and (b)
23and subject to s. 149.142 (1) (b), from the program budget the department shall derive
24the actual provider payment rate for a plan year that reflects the providers'
25proportional share of the plan costs, consistent with ss. 149.143 and 149.144. The
1department may not implement a program budget established under this section
2unless it is approved by the board.
SB44, s. 2087
3Section
2087. 149.146 (2) (a) of the statutes is amended to read:
SB44,842,84
149.146
(2) (a) Except as specified by the department, the terms of coverage
5under s. 149.14, including deductible reductions under s. 149.14 (5) (a)
and
6prescription drug copayment reductions under s. 149.14 (5) (e), do not apply to the
7coverage offered under this section. Premium reductions under s. 149.165 do not
8apply to the coverage offered under this section.
SB44, s. 2088
9Section
2088. 149.16 (1) of the statutes is repealed.
SB44, s. 2089
10Section
2089. 149.16 (1m) of the statutes is created to read:
SB44,842,1211
149.16
(1m) The plan administrator may be selected by the department in a
12competitive bidding process.
SB44, s. 2090
13Section
2090. 149.16 (4) of the statutes is amended to read:
SB44,842,1614
149.16
(4) The If the plan administrator is the fiscal agent under s. 49.45 (2)
15(b) 2., the plan administrator shall account for costs related to the plan separately
16from costs related to medical assistance
under subch. IV of ch. 49.
SB44, s. 2091
17Section
2091. 149.165 (4) of the statutes is amended to read:
SB44,842,2118
149.165
(4) The department shall reimburse the plan for premium reductions
19under sub. (2)
and, deductible reductions under s. 149.14 (5) (a)
with moneys
20transferred to the fund, and prescription drug copayment reductions under s. 149.14
21(5) (e) from the appropriation
account under s. 20.435 (4)
(ah) (v).
SB44, s. 2092
22Section
2092. 150.963 (3) (e) of the statutes is amended to read:
SB44,843,223
150.963
(3) (e) Accept on behalf of the state and deposit with the
state treasurer 24secretary of administration any grant, gift
, or contribution made to assist in meeting
1the cost of carrying out the purposes of this subchapter, and expend those funds for
2the purposes of this subchapter.