AB844-ASA1, s. 57 14Section 57. 76.67 (2) of the statutes is amended to read:
AB844-ASA1,27,2415 76.67 (2) If any domestic insurer is licensed to transact insurance business in
16another state, this state may not require similar insurers domiciled in that other
17state to pay taxes greater in the aggregate than the aggregate amount of taxes that
18a domestic insurer is required to pay to that other state for the same year less the
19credit credits under s. ss. 76.635 and 76.655, except that the amount imposed shall
20not be less than the total of the amounts due under ss. 76.65 (2) and 601.93 and, if
21the insurer is subject to s. 76.60, 0.375% of its gross premiums, as calculated under
22s. 76.62, less offsets allowed under s. 646.51 (7) or under s. ss. 76.635 and 76.655
23against that total, and except that the amount imposed shall not be less than the
24amount due under s. 601.93.
AB844-ASA1, s. 58 25Section 58. 77.54 (9a) (a) of the statutes is amended to read:
AB844-ASA1,28,3
177.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
2Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority,
3and the Fox River Navigational System Authority.
AB844-ASA1, s. 59 4Section 59. 77.92 (4) of the statutes is amended to read:
AB844-ASA1,28,195 77.92 (4) "Net business income," with respect to a partnership, means taxable
6income as calculated under section 703 of the Internal Revenue Code; plus the items
7of income and gain under section 702 of the Internal Revenue Code, including taxable
8state and municipal bond interest and excluding nontaxable interest income or
9dividend income from federal government obligations; minus the items of loss and
10deduction under section 702 of the Internal Revenue Code, except items that are not
11deductible under s. 71.21; plus guaranteed payments to partners under section 707
12(c) of the Internal Revenue Code; plus the credits claimed under s. 71.07 (2dd), (2de),
13(2di), (2dj), (2dL), (2dm), (2dr), (2ds), (2dx), (3g), (3s), (3n), (3t), and (5b), and (5g); and
14plus or minus, as appropriate, transitional adjustments, depreciation differences,
15and basis differences under s. 71.05 (13), (15), (16), (17), and (19); but excluding
16income, gain, loss, and deductions from farming. "Net business income," with respect
17to a natural person, estate, or trust, means profit from a trade or business for federal
18income tax purposes and includes net income derived as an employee as defined in
19section 3121 (d) (3) of the Internal Revenue Code.
AB844-ASA1, s. 60 20Section 60. 101.055 (2) (a) of the statutes is amended to read:
AB844-ASA1,28,2521 101.055 (2) (a) "Agency" means an office, department, independent agency,
22authority, institution, association, society, or other body in state government created
23or authorized to be created by the constitution or any law, and includes the
24legislature and the courts, but excludes the Health Insurance Risk-Sharing Plan
25Authority
.
AB844-ASA1, s. 61
1Section 61. 101.177 (1) (d) of the statutes is amended to read:
AB844-ASA1,29,102 101.177 (1) (d) "State agency" means any office, department, agency,
3institution of higher education, association, society, or other body in state
4government created or authorized to be created by the constitution or any law which
5, that is entitled to expend moneys appropriated by law, including the legislature and
6the courts, the Wisconsin Housing and Economic Development Authority, the
7Bradley Center Sports and Entertainment Corporation, the University of Wisconsin
8Hospitals and Clinics Authority, and the Wisconsin Health and Educational
9Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan
10Authority
.
AB844-ASA1, s. 62 11Section 62. Chapter 149 (title) of the statutes is amended to read:
AB844-ASA1,29,1412 CHAPTER 149
13Mandatory health insurance
14 risk-sharing plan Plans
AB844-ASA1, s. 63 15Section 63. Subchapter I (title) of chapter 149 [precedes 149.10] of the statutes
16is created to read:
AB844-ASA1,29,1717 CHAPTER 149
AB844-ASA1,29,1918 subchapter I
19 General provisions
AB844-ASA1, s. 64 20Section 64. 149.10 (intro.) of the statutes is amended to read:
AB844-ASA1,29,22 21149.10 Definitions. (intro.) In this chapter, unless the context requires
22otherwise
:
AB844-ASA1, s. 65 23Section 65. 149.10 (1) of the statutes is created to read:
AB844-ASA1,29,2524 149.10 (1) "Authority" means the Health Insurance Risk-Sharing Plan
25Authority.
AB844-ASA1, s. 66
1Section 66. 149.10 (2) of the statutes is amended to read:
AB844-ASA1,30,32 149.10 (2) "Board" means the board of governors established under s. 149.15
3directors of the authority.
AB844-ASA1, s. 67 4Section 67. 149.10 (2j) (a) 3. of the statutes is amended to read:
AB844-ASA1,30,65 149.10 (2j) (a) 3. Part A or, part B, or part D of title XVIII of the federal Social
6Security Act.
AB844-ASA1, s. 68 7Section 68. 149.10 (2m) of the statutes is repealed.
AB844-ASA1, s. 69 8Section 69. 149.10 (2t) (c) of the statutes is amended to read:
AB844-ASA1,30,129 149.10 (2t) (c) The individual does not have creditable coverage and is not
10eligible for coverage under a group health plan, part A or , part B, or part D of title
11XVIII of the federal Social Security Act or a state plan under title XIX of the federal
12Social Security Act or any successor program.
AB844-ASA1, s. 70 13Section 70. 149.10 (3) of the statutes is amended to read:
AB844-ASA1,30,1614 149.10 (3) "Eligible person" means a resident of this state who qualifies under
15s. 149.12 whether or not the person is legally responsible for the payment of medical
16expenses incurred on the person's behalf.
AB844-ASA1, s. 71 17Section 71. 149.10 (3e) of the statutes is amended to read:
AB844-ASA1,30,1918 149.10 (3e) "Fund" means the health insurance risk-sharing plan Health
19Insurance Risk-Sharing Plan
fund under s. 149.11 (2).
AB844-ASA1, s. 72 20Section 72. 149.10 (7) of the statutes is amended to read:
AB844-ASA1,30,2221 149.10 (7) "Medicare" means coverage under both part A and, part B, and part
22D
of Title XVIII of the federal social security act, 42 USC 1395 et seq., as amended.
AB844-ASA1, s. 73 23Section 73. 149.10 (8) of the statutes is amended to read:
AB844-ASA1,30,2524 149.10 (8) "Plan" means the health care insurance plan established and
25administered under subchapter II of this chapter.
AB844-ASA1, s. 74
1Section 74. 149.10 (9) of the statutes is amended to read:
AB844-ASA1,31,122 149.10 (9) "Resident" means a person who has been legally domiciled in this
3state for a period of at least 30 days 3 months or, with respect to an eligible individual,
4an individual who resides in this state. For purposes of this chapter, legal domicile
5is established by living in this state and obtaining a Wisconsin motor vehicle
6operator's license, registering to vote in Wisconsin, or filing a Wisconsin income tax
7return. A child is legally domiciled in this state if the child lives in this state and if
8at least one of the child's parents or the child's guardian is legally domiciled in this
9state. A person with a developmental disability or another disability which that
10prevents the person from obtaining a Wisconsin motor vehicle operator's license,
11registering to vote in Wisconsin, or filing a Wisconsin income tax return, is legally
12domiciled in this state by living in this state.
AB844-ASA1, s. 75 13Section 75. 149.10 (10) of the statutes is repealed.
AB844-ASA1, s. 76 14Section 76. 149.105 of the statutes is created to read:
AB844-ASA1,31,21 15149.105 Immunity. No cause of action of any nature may arise against, and
16no liability may be imposed upon, the authority, plan, or board; or any agent,
17employee, or director of any of them; or participating insurers; or the commissioner;
18or any of the commissioner's agents, employees, or representatives, for any act or
19omission by any of them in the performance of their powers and duties under this
20chapter, unless the person asserting liability proves that the act or omission
21constitutes willful misconduct.
AB844-ASA1, s. 77 22Section 77. Subchapter II (title) of chapter 149 [precedes 149.11] of the
23statutes is created to read:
AB844-ASA1,31,2424 CHAPTER 149
AB844-ASA1,32,3
1subchapter II
2 Health insurance risk-sharing
3 plan provisions
AB844-ASA1, s. 78 4Section 78. 149.11 of the statutes is repealed and recreated to read:
AB844-ASA1,32,7 5149.11 Administration of plan. (1) Authority. The authority shall be
6responsible for the operation of the plan and, subject to ss. 149.143 (2) and 149.47,
7may enter into contracts for the plan's administration.
AB844-ASA1,32,10 8(2) Fund. (a) The authority shall pay the operating and administrative
9expenses of the plan from the fund, which shall be outside the state treasury and
10which shall consist of all of the following:
AB844-ASA1,32,1111 3. Federal moneys paid to the authority under s. 20.145 (5) (m).
AB844-ASA1,32,1312 4. The moneys transferred under 2005 Wisconsin Act .... (this act), section 166
13(1).
AB844-ASA1,32,1414 5. The earnings resulting from investments under par. (b).
AB844-ASA1,32,1515 6. Any other moneys received by the authority from time to time.
AB844-ASA1,32,1916 (b) The authority controls the assets of the fund and shall select regulated
17financial institutions in this state that receive deposits in which to establish and
18maintain accounts for assets needed on a current basis. If practicable, the accounts
19shall earn interest.
AB844-ASA1,32,2120 (c) Moneys in the fund may be expended only for the purposes specified in par.
21(a).
AB844-ASA1, s. 79 22Section 79. 149.115 of the statutes is amended to read:
AB844-ASA1,33,2 23149.115 Rules relating to creditable coverage. The commissioner, in
24consultation with the department,
shall promulgate rules that specify how
25creditable coverage is to be aggregated for purposes of s. 149.10 (2t) (a) and that

1determine the creditable coverage to which s. 149.10 (2t) (b) and (d) applies. The
2rules shall comply with section 2701 (c) of P.L. 104-191.
AB844-ASA1, s. 80 3Section 80. 149.12 (1) (intro.) of the statutes is amended to read:
AB844-ASA1,33,114 149.12 (1) (intro.) Except as provided in subs. (1m) and, (2), and (3), the board
5or plan administrator authority shall certify as eligible a person who is covered by
6medicare Medicare because he or she is disabled under 42 USC 423, a person who
7submits evidence that he or she has tested positive for the presence of HIV, antigen
8or nonantigenic products of HIV, or an antibody to HIV, a person who is an eligible
9individual, and any person who receives and submits any of the following based
10wholly or partially on medical underwriting considerations within 9 months prior to
11making application for coverage by the plan:
AB844-ASA1, s. 81 12Section 81. 149.12 (1) (a) of the statutes is amended to read:
AB844-ASA1,33,1313 149.12 (1) (a) A notice of rejection of coverage from one 2 or more insurers.
AB844-ASA1, s. 82 14Section 82. 149.12 (1m) of the statutes is amended to read:
AB844-ASA1,33,1815 149.12 (1m) The board or plan administrator authority may not certify a
16person as eligible under circumstances requiring notice under sub. (1) (a) to (d) if the
17required notices were issued by an insurance intermediary who is not acting as an
18administrator, as defined in s. 633.01.
AB844-ASA1, s. 83 19Section 83. 149.12 (2) (f) of the statutes is renumbered 149.12 (2) (f) 1. and
20amended to read:
AB844-ASA1,33,2221 149.12 (2) (f) 1. No Except as provided in subd. 2., no person who is eligible for
22medical assistance is eligible for coverage under the plan.
AB844-ASA1, s. 84 23Section 84. 149.12 (2) (f) 2. of the statutes is created to read:
AB844-ASA1,34,3
1149.12 (2) (f) 2. Subdivision 1. does not apply to a person who is otherwise
2eligible for coverage under the plan and who is eligible for only any of the following
3types of medical assistance:
AB844-ASA1,34,44 a. Family planning services under s. 49.45 (24r).
AB844-ASA1,34,65 b. Care and services for the treatment of an emergency medical condition under
642 USC 1396b (v), as provided in s. 49.45 (27).
AB844-ASA1,34,77 c. Medical assistance under s. 49.46 (1) (a) 15.
AB844-ASA1,34,88 d. Ambulatory prenatal care under s. 49.465.
AB844-ASA1,34,109 e. Medicare premium, coinsurance, and deductible payments under s. 49.46 (2)
10(c) 2. or 3., 49.468 (1) (b) or (c), or 49.47 (6) (a) 6. b. or c.
AB844-ASA1,34,1211 f. Medicare premium payments under s. 49.46 (2) (cm), 49.468 (1m) or (2), or
1249.47 (6) (a) 6m.
AB844-ASA1, s. 85 13Section 85. 149.12 (2) (g) of the statutes is created to read:
AB844-ASA1,34,1514 149.12 (2) (g) A person is not eligible for coverage under the plan if the person
15is eligible for any of the following:
AB844-ASA1,34,1616 1. Services under s. 46.27 (11), 46.275, 46.277, or 46.278.
AB844-ASA1,34,1817 2. Medical assistance provided as part of a family care benefit, as defined in s.
1846.2805 (4).
AB844-ASA1,34,20193. Services provided under a waiver requested under 2001 Wisconsin Act 16,
20section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c).
AB844-ASA1,34,2221 4. Services provided under the program of all-inclusive care for persons aged
2255 or older authorized under 42 USC 1396u-4.
AB844-ASA1,34,2423 5. Services provided under the demonstration program under a federal waiver
24authorized under 42 USC 1315.
AB844-ASA1,35,2
16. Health care coverage under the Badger Care health care program under s.
249.665.
AB844-ASA1, s. 86 3Section 86. 149.12 (3) (a) of the statutes is amended to read:
AB844-ASA1,35,94 149.12 (3) (a) Except as provided in pars. (b) to (c) and (bm), no person is eligible
5for coverage under the plan for whom a premium, deductible, or coinsurance amount
6is paid or reimbursed by a federal, state, county, or municipal government or agency
7as of the first day of any term for which a premium amount is paid or reimbursed and
8as of the day after the last day of any term during which a deductible or coinsurance
9amount is paid or reimbursed.
AB844-ASA1, s. 87 10Section 87. 149.12 (3) (c) of the statutes is repealed.
AB844-ASA1, s. 88 11Section 88. 149.12 (4) and (5) of the statutes are created to read:
AB844-ASA1,35,1712 149.12 (4) Subject to subs. (1m), (2), and (3), the authority may establish
13criteria that would enable additional persons to be eligible for coverage under the
14plan. The authority shall ensure that any expansion of eligibility is consistent with
15the purpose of the plan to provide health care coverage for those who are unable to
16obtain health insurance in the private market and does not endanger the solvency
17of the plan.
AB844-ASA1,35,19 18(5) The authority shall establish policies for determining and verifying the
19continued eligibility of an eligible person.
AB844-ASA1, s. 89 20Section 89. 149.13 (1) of the statutes is amended to read:
AB844-ASA1,35,2521 149.13 (1) Every insurer shall participate in the cost of administering the plan,
22except the commissioner may by rule exempt as a class those insurers whose share
23as determined under sub. (2) would be so minimal as to not exceed the estimated cost
24of levying the assessment. The commissioner shall advise the department authority
25of the insurers participating in the cost of administering the plan.
AB844-ASA1, s. 90
1Section 90. 149.13 (3) (a) of the statutes is amended to read:
AB844-ASA1,36,62 149.13 (3) (a) Each insurer's proportion of participation under sub. (2) shall be
3determined annually by the commissioner based on annual statements and other
4reports filed by the insurer with the commissioner. The commissioner shall assess
5an insurer for the insurer's proportion of participation based on the total
6assessments estimated by the department under s. 149.143 (2) (a) 3. authority.
AB844-ASA1, s. 91 7Section 91. 149.13 (3) (b) of the statutes is amended to read:
AB844-ASA1,36,148 149.13 (3) (b) If the department authority or the commissioner finds that the
9commissioner's authority to require insurers to report under chs. 600 to 646 and 655
10is not adequate to permit the department, the commissioner or the board authority
11to carry out the department's, commissioner's or board's authority's responsibilities
12under this chapter subchapter, the commissioner shall promulgate rules requiring
13insurers to report the information necessary for the department, commissioner and
14board authority to make the determinations required under this chapter subchapter.
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