Amendment AA1-ASA2-AB259

LRBa0752/1

PJK:wlj:pg

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 2005 ASSEMBLY BILL 259

June 14, 2005 - Offered by Representatives Colon, Staskunas, Cullen, Molepske, Parisi, Hebl, Richards, Kessler and Sherman.

AB259-ASA2-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB259-ASA2-AA1,1,3 1. Page 1, line 3: after "requirements" insert "and health care liability insurance limits".

AB259-ASA2-AA1,1,4 2. Page 2, line 1: before that line insert:

AB259-ASA2-AA1,1,5 " Section 1b. 619.01 (7) (a) of the statutes is amended to read:

AB259-ASA2-AA1,2,12 619.01 (7) (a) Primary coverage plans. Health care liability insurance plans established under this paragraph shall provide minimum coverage to insureds in the amount of not less than $200,000 for each occurrence and $600,000 for all occurrences in any one policy year for occurrences before July 1, 1987, $300,000 for each occurrence and $900,000 for all occurrences in any one policy year for occurrences on or after July 1, 1987, and before July 1, 1988, $400,000 for each occurrence and $1,000,000 for all occurrences in any one policy year for occurrences on or after July 1, 1988, and before July 1, 1997, and $1,000,000 for each occurrence and $3,000,000 for all occurrences in any one policy year for occurrences on or after July 1, 1997, and before July 1, 2005, and $500,000 for each occurrence and $1,500,000 for all occurrences in any one policy year for occurrences on or after July 1, 2005, for the protection of persons who are legally entitled to recover damages from the insured for errors, omissions, or neglect in the performance of the insured's professional services. If an insured has excess limits liability coverage or such coverage is available to the insured, the coverage provided under such plans shall be equal to the minimum level of such excess limits coverage. If the insured does not have excess limits liability coverage and such coverage is not available to the insured, the commissioner may establish minimum levels of coverage higher than the minimum limits specified in this paragraph for such plans.".

AB259-ASA2-AA1,2,13 3. Page 2, line 1: delete " Section 1" and substitute "Section 1m".

AB259-ASA2-AA1,2,14 4. Page 2, line 13: after that line insert:

AB259-ASA2-AA1,2,15 " Section 3c. 655.23 (4) (b) 2. a. of the statutes is amended to read:

AB259-ASA2-AA1,2,20 655.23 (4) (b) 2. a. For occurrence coverage, at least $1,000,000 for each occurrence and $3,000,000 for all occurrences in any one policy year for occurrences on or after July 1, 1997, and before July 1, 2005, and $500,000 for each occurrence and $1,500,000 for all occurrences in any one policy year for occurrences on or after July 1, 2005.

AB259-ASA2-AA1, s. 3d Section 3d. 655.23 (4) (b) 2. b. of the statutes is amended to read:

AB259-ASA2-AA1,3,4 655.23 (4) (b) 2. b. For claims-made coverage, at least $1,000,000 for each claim arising from an occurrence on or after July 1, 1997, and before July 1, 2005, regardless of when the claim is made, and $3,000,000 for all claims in any one reporting year for claims made on or after July 1, 1997 , and before July 1, 2005, and $500,000 for each claim arising from an occurrence on or after July 1, 2005, and $1,500,000 for all claims in any one reporting year for claims made on or after July 1, 2005.

AB259-ASA2-AA1, s. 3f Section 3f. 655.23 (4) (c) 1. of the statutes is amended to read:

AB259-ASA2-AA1,3,15 655.23 (4) (c) 1. Except as provided in subd. 2., self-insurance shall be in amounts of at least $200,000 for each occurrence and $600,000 for all occurrences in any one policy year for occurrences before July 1, 1987, $300,000 for each occurrence and $900,000 for all occurrences in any one policy year for occurrences on or after July 1, 1987, and before July 1, 1988, $400,000 for each occurrence and $1,000,000 for all occurrences in any one policy year for occurrences on or after July 1, 1988, and before July 1, 1997, and $1,000,000 for each occurrence and $3,000,000 for all occurrences in any one policy year for occurrences on or after July 1, 1997, and before July 1, 2005, and $500,000 for each occurrence and $1,500,000 for all occurrences in any one policy year for occurrences on or after July 1, 2005.".

AB259-ASA2-AA1,3,18 5. Page 3, line 4: delete "This act" and substitute "The treatment of sections 655.001 (7t), 655.002 (1) (em), 655.005 (2t), 655.23 (5m), and 655.27 (3) (a) 4. of the statutes".

AB259-ASA2-AA1,3,19 6. Page 3, line 15: after that line insert:

AB259-ASA2-AA1,3,22 "(2m) The treatment of sections 619.01 (7) (a) and 655.23 (4) (b) 2. a. and b. of the statutes first applies to policies issued or renewed on the effective date of this subsection.

AB259-ASA2-AA1, s. 7m Section 7m. Effective dates. This act takes effect on the day after publication, except as follows:

AB259-ASA2-AA1,4,2 (1) The treatment of sections 619.01 (7) (a) and 655.23 (4) (b) 2. a. and b. and (c) 1. of the statutes and Section 6 (2m) of this act take effect on July 1, 2005.".

AB259-ASA2-AA1,4,3 (End)