AB1140: Bill Text

The bill adopts, for state income and franchise tax purposes, section 1201 of Public Law 108-173 as it relates to claiming a deduction for an amount that a person pays into a health savings account.

This bill will be referred to the Joint Survey Committee on Tax Exemptions for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1140, s. 1 Section 1. 13.94 (1s) (c) 5. of the statutes is created to read:

AB1140,4,3 13.94 (1s) (c) 5. The Private Health Insurance Purchasing Corporation of Wisconsin for the cost of the audits under s. 260.05 (4).

AB1140, s. 2 Section 2. 20.855 (8m) of the statutes is created to read:

AB1140,5,12 20.855 (8m) Private Health Insurance Purchasing Corporation of Wisconsin. (r) Health insurance purchasing accounts and administration. After deducting the amounts appropriated for the state's share of benefits and administrative costs under the Medical Assistance program that are attributable to the low-income families category, as determined under 2005 Wisconsin Act .... (this act), section 14 (1) (b ) and the amounts appropriated for the state's share of benefits and administrative costs under the Badger Care health care program under s. 49.665, the balance of the moneys in the health insurance purchasing trust fund to be paid to the Private Health Insurance Purchasing Corporation of Wisconsin for establishing, funding, managing, and assisting individuals with the use of, the health insurance purchasing accounts established under ch. 260.

AB1140, s. 3 Section 3. 25.17 (1) (gd) of the statutes is created to read:

AB1140,5,14 25.17 (1) (gd) Health insurance purchasing trust fund (s. 25.775);

AB1140, s. 4 Section 4. 25.775 of the statutes is created to read:

AB1140,5,19 25.775 Health insurance purchasing trust fund. There is established a separate, nonlapsible trust fund designated as the health insurance purchasing trust fund, consisting of all moneys appropriated or transferred to or deposited in the fund.

AB1140, s. 5 Section 5. 40.51 (1) of the statutes is amended to read:

AB1140,5,25 40.51 (1) The procedures and provisions pertaining to enrollment, premium transmitted and coverage of eligible employees for health care benefits shall be established by contract or rule except as otherwise specifically provided by this chapter. Health care benefits provided under this subchapter shall be in addition to health care benefits provided eligible employees under ch. 260.

AB1140, s. 6 Section 6. 71.83 (1) (ce) of the statutes is created to read:

AB1140,6,6 71.83 (1) (ce) Health savings accounts. Any person who is liable for a penalty for federal income tax purposes under section 223 (f) (4) of the Internal Revenue Code is liable for a penalty equal to 33 percent of that penalty. The department of revenue shall assess, levy, and collect the penalty under this paragraph as it assesses, levies, and collects taxes under this chapter.

AB1140, s. 7 Section 7. Subchapter XVI of chapter 71 [precedes 71.98] of the statutes is created to read:

AB1140,6,9 Chapter 71

AB1140,6,11 subchapter xvi Internal revenue code update

AB1140,6,13 71.98 Internal Revenue Code update. The following federal laws, to the extent that they apply to the Internal Revenue Code, apply to this chapter:

AB1140,6,15 (1) Health savings accounts. Section 1201 of P.L. 108-173, relating to health savings accounts.

AB1140, s. 8 Section 8. 111.70 (1) (dm) of the statutes is amended to read:

AB1140,7,4 111.70 (1) (dm) "Economic issue" means salaries, overtime pay, sick leave, payments in lieu of sick leave usage, vacations, clothing allowances in excess of the actual cost of clothing, length-of-service credit, continuing education credit, shift premium pay, longevity pay, extra duty pay, performance bonuses, health insurance coverage of benefits not provided under ch. 260, life insurance, dental insurance, disability insurance, vision insurance, long-term care insurance, worker's compensation and unemployment insurance, social security benefits, vacation pay, holiday pay, lead worker pay, temporary assignment pay, retirement contributions, supplemental retirement benefits, severance or other separation pay, hazardous duty pay, certification or license payment, limitations on layoffs that create a new or increased financial liability on the employer and contracting or subcontracting of work that would otherwise be performed by municipal employees in the collective bargaining unit with which there is a labor dispute.

AB1140, s. 9 Section 9. 111.91 (2) (pm) of the statutes is created to read:

AB1140,7,6 111.91 (2) (pm) Health care coverage of employees under ch. 260.

AB1140, s. 10 Section 10. 149.12 (2) (g) 7. of the statutes is created to read:

AB1140,7,9 149.12 (2) (g) 7. Health care coverage under the health insurance purchasing arrangement under ch. 260.

AB1140, s. 11 Section 11. Chapter 260 of the statutes is created to read:

AB1140,7,12 chapter 260 Health insurance purchasing accounts

AB1140,7,13 260.01 Definitions. In this chapter:

AB1140,7,14 (1) "Board" means the board of directors of the corporation.

AB1140,7,16 (2) "Corporation" means the Private Health Insurance Purchasing Corporation of Wisconsin.

AB1140,7,18 (3) (a) "Eligible resident" means an individual who satisfies all of the following criteria:

AB1140,7,23 1. The individual has been domiciled, as defined by the corporation, in this state for at least 6 months, except that, if a child is under 6 months of age, the child is an "eligible resident" if the child lives in this state and at least one of the child's parents or the child's guardian has been domiciled, as defined by the corporation, in this state for at least 6 months.

AB1140,8,10 2. The individual maintains a substantial presence in this state, as defined by the corporation. In defining what constitutes a substantial presence in this state, the corporation shall consider such factors as the amount of time per year that an individual is actually present in the state and the amount of taxes that an individual pays in this state, except that if the individual attends school outside of this state and is under 23 years of age, the factors shall include the amount of time that the individual's parent or guardian is actually present in the state and the amount of taxes that the individual's parent or guardian pays in this state, and if the individual is in active service with the U.S. armed forces outside of this state, the factors shall include the amount of time that the individual's parent, guardian, or spouse is actually present in the state and the amount of taxes that the individual's parent, guardian, or spouse pays in this state.

AB1140,8,11 3. The individual is under 65 years of age.

AB1140,8,15 4. The individual is not eligible for health care coverage from the federal government, is not an inmate of a penal facility, as defined in s. 19.32 (1e), and is not placed or confined in, or committed to, an institution for the mentally ill or developmentally disabled.

AB1140,8,18 5. Unless a waiver is requested under s. 260.60 and granted and in effect, the individual is not eligible for medical assistance under subch. IV of ch. 49 or for health care coverage under the Badger Care health care program under s. 49.665.

AB1140,8,22 (b) Notwithstanding par. (a), an individual who satisfies par. (a) 1. to 5. and who receives health care coverage under a collective bargaining agreement that is in effect on January 1, 2009, is not an "eligible individual" until the day on which the collective bargaining agreement expires.

AB1140,8,25 260.05 Private Health Insurance Purchasing Corporation of Wisconsin. (1) Incorporation. The secretary of administration shall do all of the following:

AB1140,9,3 (a) Draft and file articles of incorporation for a nonstock corporation under ch. 181 and take all actions necessary to exempt the corporation from federal taxation under section 501 (c) (3) of the Internal Revenue Code.

AB1140,9,5 (b) Provide in the articles of incorporation filed under par. (a) all of the following:

AB1140,9,7 1. That the name of the corporation is the "Private Health Insurance Purchasing Corporation of Wisconsin."

AB1140,9,9 2. That the board shall consist of 8 directors who, except for the initial directors, shall be designated or appointed as follows:

AB1140,9,10 a. One designated by Wisconsin Manufacturers and Commerce.

AB1140,9,12 b. One designated by the Wisconsin State American Federation of Labor and Congress of Industrial Organizations.

AB1140,9,13 c. One designated by the Metropolitan Milwaukee Association of Commerce.

AB1140,9,15 d. One designated by the Wisconsin office of the National Federation of Independent Business.

AB1140,9,16 e. One designated by the Wisconsin Farm Bureau Federation.

AB1140,9,17 f. One designated by the SEIU Wisconsin State Council.

AB1140,9,18 g. Two designated by the governor to represent consumers.

AB1140,9,20 3. That the term of a director shall be 4 years, except that the term of an initial director shall be one year.

AB1140,9,21 4. The names and addresses of the initial directors.

AB1140,9,24 5. That 7 votes shall be necessary for adoption of any decision of the board, except for those designated categories of decisions, if any, that the board agrees to adopt by a simple majority of the votes.

AB1140,10,2 (c) In consultation with the persons charged with designating the directors under par. (b) 2. a. to g., designate the initial directors.

AB1140,10,3 (d) Draft bylaws for adoption by the board.

AB1140,10,5 (2) Duties. As a condition for the release of funds under s. 20.855 (8m) (r), the corporation shall do all of the following:

AB1140,10,9 (a) Establish, fund, and manage health insurance purchasing accounts in the manner provided in this chapter; assist eligible residents in using their accounts to purchase health care coverage; and perform all other functions required of the corporation under this chapter.

AB1140,10,11 (b) Establish an independent and binding appeals process for resolving disputes over eligibility and other determinations made by the corporation.

AB1140,10,14 (c) Keep its records open at all times to inspection and examination by the governor, the secretary of administration, any committee of either or both houses of the legislature, the legislative fiscal bureau, and the legislative audit bureau.

AB1140,10,16 (d) Keep its meetings open to the public to the extent required of governmental bodies under subch. V of ch. 19.

AB1140,10,18 (e) Cooperate with the legislative audit bureau in the performance of the audits under sub. (4).

AB1140,10,21 (f) Submit on each October 1 an annual report to the legislature under s. 13.172 (2) and to the governor regarding its activities and including any recommendations of the health care advisory committee under s. 260.40 (1) (d).

AB1140,10,25 (3) Contracts and hiring. (a) The corporation may contract with other organizations, entities, or individuals for the performance of any of its functions. With respect to contracts under this subsection, the corporation shall do all of the following:

AB1140,11,4 1. Use generally accepted procedures, which shall be in writing and open to public inspection, for soliciting bids or proposals and for awarding contracts to the lowest-bidding, qualified person or to the most qualified person submitting a proposal.

AB1140,11,7 2. Make open to public inspection all of its requests for bids or proposals, all of its analyses of bids or proposals received, and all of its final decisions on bids or proposals received.

AB1140,11,9 (b) The corporation shall use generally accepted hiring practices, which shall be in writing and open to public inspection, for hiring any staff.

AB1140,11,17 (4) Audits. At least once every 2 years, the legislative audit bureau shall conduct a financial audit of the corporation and a performance evaluation audit of the health insurance purchasing arrangement under this chapter that includes an audit of the corporation's policies and management practices. The legislative audit bureau shall distribute a copy of each audit report under this subsection to the legislature under s. 13.172 (2) and to the governor. The corporation shall reimburse the legislative audit bureau for the cost of the audits and reports required under this subsection.

AB1140,12,5 260.10 Health insurance purchasing accounts. (1) Establishment and funding. (a) Beginning in January 2008, the corporation shall establish a private health insurance purchasing account for each eligible resident, except for an eligible resident who notifies the corporation that, for religious reasons, he or she does not wish to have an account. Beginning in 2009, the corporation annually shall credit to each account a dollar amount that is the full premium, as determined by the corporation under s. 260.15 (2) (b), of any of the Tier 1 health care plans offered in the county in which the eligible resident resides and that has been actuarially adjusted for the eligible resident based on age, sex, and other appropriate risk factors determined by the board. Subject to sub. (2) and s. 260.20 (3), the corporation shall pay the amount credited under this paragraph to the health care plan selected by the eligible resident, or to which the eligible resident has been assigned, under s. 260.15 (3).

AB1140,12,11 (b) 1. The health insurance purchasing account of an eligible resident who is at least 18 years of age shall also include a health savings account, as described in 26 USC 223. For an eligible resident who is under 18 years of age when his or her health insurance purchasing account is established, his or her health insurance purchasing account shall include a health savings account beginning in the year in which the eligible resident is 18 years of age on January 1.

AB1140,12,17 2. Beginning in 2009, the corporation annually shall deposit an amount into each health savings account. Subject to s. 260.20 (5), the amount deposited in 2009 shall be $500 and the amount deposited in each year thereafter shall be adjusted to reflect the annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12-month period ending on December 31 of the preceding year.

AB1140,12,20 3. If the corporation estimates that revenues will exceed costs in a year, the corporation may deposit into each health savings account an amount in addition to the amount deposited under subd. 2.

AB1140,12,25 4. In addition to amounts deposited under subds. 2. and 3., the corporation may deposit into the health savings account of an eligible resident who successfully follows a healthy lifestyle protocol certified by the corporation under s. 260.40 (2) (a), an amount determined by the corporation to be equal to the average reduction in health care costs per eligible resident who adopts a healthy lifestyle protocol.

AB1140,13,3 5. Notwithstanding subds. 2., 3., and 4., the total amount deposited in an eligible resident's health savings account may not exceed the maximum amount allowed under federal law.

AB1140,13,9 (2) Additional payment for disproportionate risk. The corporation may retain a percentage of the amounts credited under sub. (1) (a) to pay to health care plans that have incurred disproportionate risk not fully compensated for by the actuarial adjustment in the amount credited to each account under sub. (1) (a). Any payment to a health care plan under this subsection shall reflect the disproportionate risk incurred by the health care plan.

AB1140,13,14 260.15 Health care plans. (1) Participation of insurers. (a) Subject to par. (c), the corporation shall solicit bids from, and enter into contracts with, insurers for offering coverage to eligible residents. Any insurer that is authorized to do business in this state in one or more lines of insurance that includes health insurance is eligible to submit a bid.

AB1140,13,18 (b) In determining which insurers qualify to offer coverage, the corporation shall use financial, coverage, and disclosure standards that are comparable to those that the department of employee trust funds has used in qualifying insurers for offering coverage under the state employee health plan under s. 40.51 (6).

AB1140,13,20 (c) The corporation shall ensure that in each county at least 2 health care plans are offered by at least 2 different insurers.

AB1140,14,3 (2) Tier assignment and premium determination. (a) The corporation shall rank the health care plans offered in each county and assign each health care plan to one of 3 tiers, on a countywide basis, based on the health care plan's risk-adjusted cost and quality. The corporation shall assign to "Tier 1" health care plans that it determines provide high quality care at a low risk-adjusted cost, assign to "Tier 2" health care plans that it determines provide care at a higher risk-adjusted cost, and assign to "Tier 3" health care plans that it determines provide care at the highest risk-adjusted cost.

AB1140,14,9 (b) The corporation shall determine the monthly premium amount for each health care plan, including the out-of-pocket monthly premium amounts that eligible residents must pay to enroll in Tier 2 health care plans and Tier 3 health care plans. The out-of-pocket monthly premium amounts shall be based on the actual differences in risk-adjusted cost between Tier 1 and Tier 2 health care plans, and between Tier 1 and Tier 3 health care plans.

AB1140,14,18 (3) Plan selection. Beginning in 2008, the corporation shall offer an annual open enrollment period during which each eligible resident may select a health care plan from among those offered. Coverage under the health care plan that an eligible resident selects during an annual open enrollment period shall be effective on the following January 1. An eligible resident who does not select a health care plan will be randomly assigned to a Tier 1 health care plan. An eligible resident who selects a Tier 2 or Tier 3 health care plan but who fails, as defined by the corporation, to pay the out-of-pocket monthly premium amount will be randomly assigned to a Tier 1 health care plan.

AB1140,14,22 260.20 Benefits. (1) Generally. Coverage under this chapter shall begin on January 1, 2009, and shall include medical and hospital care coverage and related health care services as determined by the corporation, prescription drug coverage, and limited dental care coverage, as provided in sub. (4).

AB1140,14,25 (2) Benefits without certain cost sharing. Deductibles, coinsurance, and copayments shall not apply to coverage of any of the following health care services, as defined by the corporation:

AB1140,15,1 (a) Emergency care.

AB1140,15,2 (b) Prenatal care for pregnant women.

AB1140,15,3 (c) Well-baby care.

AB1140,15,4 (d) Annual medical examinations for children up to 18 years of age.