185.84
185.84
Fees or penalty due state. Any fee or penalty due under this chapter may be recovered in a suit brought by the attorney general in the name of the state.
185.85
185.85
Forms to be furnished by department of financial institutions. The department may provide forms for any document to be filed with the department under this chapter.
185.85 History
History: 1993 a. 482;
1995 a. 27.
185.91
185.91
Voting requirements of articles. Whenever the articles require the vote of a greater proportion of the members or stockholders than required by this chapter, the articles control except for dissolution under
s. 185.71.
185.92
185.92
Effect of unauthorized acts. No act and no transfer of property to or by a cooperative is invalid because made in excess of the cooperative's power, except that such lack of power may be asserted in a proceeding by:
185.92(1)
(1) A member, stockholder or director against the cooperative to enjoin any act or any transfer of property to or by the cooperative.
185.92(2)
(2) The cooperative or its legal representative against any present or former officer or director.
185.92(3)
(3) The attorney general against the cooperative in an action to dissolve the cooperative or to enjoin it from the transaction of unauthorized business.
185.92 History
History: 1979 c. 110.
185.93
185.93
Member or stockholder derivative actions. 185.93(1)(1) No action may be instituted or maintained in the right of any association by a member or stockholder unless the member or stockholder:
185.93(1)(a)
(a) Alleges in the complaint that the member or stockholder was a member or registered stockholder when any part of the transaction of which the member or stockholder complains took place, or that the member's or stockholder's stock thereafter devolved upon the member or stockholder by operation of law from a stockholder at such time.
185.93(1)(b)
(b) Alleges in the complaint with particularity his or her efforts to secure from the board the action he or she desires. He or she shall allege further that he or she has either informed the association or board in writing of the ultimate facts of each cause of action against each director or that he or she has delivered to the association or board a copy of the complaint no fewer than 60 days prior to filing the complaint.
185.93(1)(c)
(c) Files the complaint in such action within 20 days after the action is commenced.
185.93(2)
(2) The action shall not be dismissed or compromised without the approval of the court.
185.93(3)
(3) If anything is recovered or obtained as the result of the action, whether by means of a compromise and settlement or by a judgment, the court may, out of the proceeds of the action, award the plaintiff the reasonable expenses of maintaining the action, including reasonable attorney fees, and may direct the plaintiff to account to the association for the remainder of such proceeds.
185.93(4)
(4) In any action brought in the right of an association by less than 3 per cent of the members or by holders of less than 3 per cent of any class of stock outstanding, the defendants may require the plaintiff to give security for the reasonable expenses of defending such action, including attorney fees. The amount of such security may thereafter be increased or decreased in the discretion of the court upon showing that the security provided is or may be inadequate or is excessive.
185.94
185.94
Use of term "cooperative"; penalty for improper use. 185.94(1)(1) The term "cooperative", or any variation thereof, may be used either by an association or by a credit union organized under
ch. 186.
185.94(2)
(2) No other person may use the term "cooperative", or any variation thereof, as part of the person's corporate or other business name or title, nor may any other person in any other manner represent himself or herself to be a cooperative. Whoever violates this subsection may be fined not more than $100. Each day of improper use constitutes a separate offense.
185.94(3)
(3) Any cooperative may obtain an injunction against acts prohibited by
sub. (2) without showing any damage to itself.
185.94(4)
(4) Every cooperative shall use the term "cooperative" or an abbreviation thereof as part of its corporate name or affixed thereto.
185.94 History
History: 1985 a. 30 s.
42;
1993 a. 482.
185.95
185.95
Discrimination against association. Whenever any corporation has discriminated against any association transacting business in this state, its charter may be vacated or its existence annulled, or its license to do business in this state may be revoked.
185.95 History
History: 1979 c. 32 s.
92 (6);
1995 a. 400.
185.96
185.96
Application of chapter. 185.96(1)
(1) After June 30, 1956, this chapter applies to all cooperatives. Any cooperative may elect to become subject to this chapter before said date by adopting an amendment to its articles making such election. All cooperatives formed after July 13, 1955 shall be formed under this chapter.
185.96(2)
(2) After January 1, 1956, this chapter applies to all foreign cooperatives.
185.96(3)
(3) Application of this chapter to associations existing before July 13, 1955 does not affect property rights of stockholders or members in such associations which were accrued or established at such time, nor does it affect any liability enforceable at such time, nor does it affect the validity or enforceability of contracts existing before such time.
185.96(4)
(4) Section 185.48 dealing with annual reports shall apply to all cooperatives on July 13, 1955.
185.96 History
History: 1985 a. 30 s.
42.
185.97
185.97
Title. This chapter may be cited as the "Wisconsin Cooperative Association Act".
185.97 History
History: 1985 a. 30 s.
42.
185.981
185.981
Cooperative sickness care. 185.981(1)
(1) Cooperative associations may be organized under this chapter without capital stock, exclusively to establish and operate in the state or in any county or counties therein a nonprofit plan or plans for sickness care, including hospital care, for their members and their dependents through contracts with physicians, medical societies, chiropractors, optometrists, dentists, dental societies, hospitals and others.
185.981(2)
(2) Such associations shall operate only on a cooperative nonprofit basis and for the purpose of establishing, maintaining and operating a voluntary nonprofit health, dental or vision care plan or plans or for constructing, operating and maintaining nonprofit hospitals or other facilities whereby sickness care, including hospital, dental or vision care, is provided at the expense of such association, its members or both, to such persons or groups of persons as shall become subscribers to such plan, under contracts which will entitle each such subscriber to definite medical, surgical, chiropractic, vision, dental or hospital care, appliances and supplies, by physicians and surgeons licensed and registered under
ch. 448, optometrists licensed under
ch. 449, chiropractors licensed under
ch. 446 and dentists licensed under
ch. 447 in their offices, in hospitals, in other facilities and in the home.
185.981(3)
(3) No cooperative association organized for the purposes provided in
ss. 185.981 to
185.983 shall be prevented from contracting with any hospital in this state for the rendition of such hospital care as is included within such a plan because such hospital participates in any other such plan, or in a plan organized and operated under
ss. 148.03 and
613.80. No hospital may discriminate against any physician and surgeon, chiropractor or dentist with respect to the use of such hospital's facilities by reason of his or her participation in a sickness care plan of a cooperative.
185.981(4)
(4) No contract by or on behalf of any such cooperative association shall provide for the payment of any cash, indemnity or other material benefit by that association to the subscriber or the subscriber's estate on account of death, illness or injury, nor be in any way related to the payment of any such benefit by any other agency, but any such association may stipulate in its plan that it will pay any nonparticipating physician and surgeon, optometrist, chiropractor, dentist or hospital outside of its normal territory for sickness or hospital care rendered any covered member or a member's covered dependent who is in need of the benefits of such plan when he or she is outside of the territory of such association in which the benefits of such plan are normally available. Any such plan may prescribe monetary limitations with respect to such extraterritorial benefits.
185.981(4t)
(4t) A sickness care plan operated by a cooperative association is subject to
ss. 252.14,
631.17,
631.89,
631.95,
632.72 (2),
632.745 to
632.749,
632.85,
632.853,
632.855,
632.87 (2m),
(3),
(4),
(5), and
(6),
632.895 (10) to
(14) and
632.897 (10) and
chs. 149 and
155.
185.981(5)
(5) Every such cooperative association is a charitable and benevolent corporation.
185.981(6)
(6) Every cooperative sickness care association organized under this section shall provide coverage for newborn infants as required under
s. 632.895 (5).
185.981(7)
(7) Notwithstanding
sub. (4) and
s. 185.982 (1), a sickness care plan that is operated by a cooperative association and that qualifies as a health maintenance organization, as defined in
s. 609.01 (2), is subject to
s. 609.655.
185.981(8)
(8) A sickness care plan operated by a cooperative association is subject to
s. 632.895 (8). Coverage of mammograms under
s. 632.895 (8) may be subject to any requirements that the sickness care plan imposes under
s. 609.05 (2) and
(3) on the coverage of other health care services obtained by members and their dependents.
185.981(9)
(9) Every cooperative sickness care association organized under this section that provides coverage for dependent children of members shall provide coverage for adopted children and children placed for adoption, as required under
s. 632.896. Coverage of health care services obtained by adopted children and children placed for adoption may be subject to any requirements that the sickness care plan imposes under
s. 609.05 (2) and
(3) on the coverage of health care services obtained by other members and their dependents.
185.981 History
History: 1971 c. 40 s.
93;
1971 c. 307 s.
118;
1975 c. 98;
1975 c. 223 s.
28;
1975 c. 224 s.
146;
1975 c. 421;
1981 c. 39 s.
22;
1981 c. 205;
1981 c. 391 s.
210;
1985 a. 29;
1985 a. 30 s.
42;
1987 a. 27 ss.
1917e,
3202 (47) (a);
1987 a. 312 s.
17;
1989 a. 121,
129,
200,
201,
336;
1991 a. 39,
123,
269;
1993 a. 27,
450,
481;
1995 a. 27,
118,
289;
1997 a. 27,
155,
237;
1999 a. 95,
115;
2003 a. 321;
2005 a. 194.
185.982
185.982
Manner of practicing medicine, chiropractic and dentistry; payment; promotional expense. 185.982(1)
(1) No sickness care plan or contract issued thereunder by such cooperative association shall interfere with the manner or mode of the practice of medicine, optometry, chiropractic or dentistry, the relationship of physician, chiropractor, optometrist or dentist and patient, nor the responsibility of physician, chiropractor, optometrist or dentist to patient. A plan may require persons covered to utilize health care providers designated by the cooperative association. The cooperative association may provide health care services directly through providers who are employees of the cooperative association or through agreements with individual providers or groups of providers organized on a group practice or individual practice basis. In making such agreements, no plan may refuse to provide coverage for vision care services or procedures provided by an optometrist licensed under
ch. 449 within the scope of the practice of optometry, as defined in
s. 449.01 (1), if the plan provides coverage for the same services or procedures when provided by another health care provider.
185.982(2)
(2) Any cooperative association operating a voluntary sickness care plan under the provisions of this chapter may pay physicians and surgeons, optometrists, chiropractors or dentists on a salary, per person or fee-for-service basis to provide sickness care to members of such association. Every association shall contract only with its own members for the benefits of any plan which it operates, but any association which operates a hospital may make the facilities thereof available to nonmembers and to nonparticipating physicians, optometrists or dentists.
185.982(3)
(3) Promotional expenses of any such associations, including promotional expense for building or investment purposes, shall be limited to 5 per cent as provided in
s. 185.09.
185.982 History
History: 1981 c. 205;
1987 a. 27.
185.983
185.983
Requirements of plan. 185.983(1)
(1) Every such voluntary nonprofit sickness care plan shall be exempt from
chs. 600 to
646, with the exception of
ss. 601.04,
601.13,
601.31,
601.41,
601.42,
601.43,
601.44,
601.45,
611.67,
619.04,
628.34 (10),
631.17,
631.89,
631.93,
631.95,
632.72 (2),
632.745 to
632.749,
632.775,
632.79,
632.795,
632.85,
632.853,
632.855,
632.87 (2m),
(3),
(4),
(5), and
(6),
632.895 (5) and
(9) to
(14),
632.896 and
632.897 (10) and
chs. 609,
630,
635,
645 and
646, but the sponsoring association shall:
185.983(1)(a)
(a) File with the commissioner of insurance a declaration defining the organization and operation of the plan, all printed literature and specimen copies of all proposed contracts with persons covered and with participating physicians and hospitals, including all amendments thereto. The form of all such contracts and amendments shall be subject to approval by the commissioner of insurance but the commissioner may not withhold approval if the form of such contracts or changes therein comply with the provisions of
ss. 185.981 to
185.985.
185.983(1)(b)
(b) Provide for like rates, benefits, terms and conditions for all persons in the same class.
185.983(1)(c)
(c) Invest its funds only in property and securities approved for domestic life insurance companies.
185.983(1)(d)
(d) File with the commissioner of insurance, on such forms as may be prescribed by the commissioner, an annual report of its financial condition as of December 31 each year, on or before the last day of February following.
185.983(1)(e)
(e) Maintain sufficient reserves to discharge its obligations, having regard for the nature of its contracts and the area and number of persons covered.
185.983(1g)
(1g) A cooperative association that is a small employer insurer, as defined in
s. 635.02 (8), is subject to the health insurance mandates, as defined in
s. 601.423 (1), to the same extent as any other small employer insurer, as defined in
s. 635.02 (8).
185.983(1m)
(1m) In addition to
ss. 601.04,
601.31,
632.79 and
632.895 (5), the commissioner of insurance may by rule subject a medicare supplement policy as defined in
s. 600.03 (28r), a medicare replacement policy as defined in
s. 600.03 (28p) or a long-term care insurance policy as defined in
s. 600.03 (28g) sold by a voluntary nonprofit sickness care plan to other provisions of
chs. 600 to
646, except the commissioner may not subject a medicare supplement policy, a medicare replacement policy or a long-term care insurance policy to
s. 632.895 (8).
185.983(2)
(2) Every such plan shall make provision for a minimum of one physician and surgeon, or dentist to each 2,000 persons covered for medical or dental care and a minimum of 6 hospital beds for each 2,000 persons covered for hospital care.
185.983(3)(a)(a) A plan that provides coverage of pharmaceutical services when performed by one or more pharmacists who are designated by the cooperative association but who are not full-time salaried employees of the cooperative association shall provide an annual period of at least 30 days during which any pharmacist registered under
ch. 450 may elect to participate in the plan under its terms as a designated health care provider for at least one year.
185.983(3)(b)
(b) Except as provided in
par. (c),
par. (a) applies to plans on and after May 10, 1984.
185.983(3)(c)
(c) If compliance with the requirements of
par. (a) during the period specified in
par. (b) would impair any provision of a contract between a cooperative association and any other person, and if the contract provision was in existence prior to May 10, 1984, then immediately after the expiration of all such contract provisions the plan operated by the cooperative association shall comply with the requirements of
par. (a).
185.983 History
History: 1975 c. 98;
1975 c. 224 s.
146;
1975 c. 352;
1975 c. 422 s.
163;
1977 c. 339;
1979 c. 89;
1981 c. 20;
1981 c. 39 s.
22;
1981 c. 82;
1981 c. 391 s.
210;
1983 a. 189 s.
329 (25);
1983 a. 396;
1985 a. 29 ss.
2060d to
2060r,
3202 (30);
1987 a. 27,
325;
1989 a. 23,
31,
129,
200,
201,
336,
359;
1991 a. 39,
189,
250,
269,
315;
1993 a. 450,
481,
482;
1995 a. 289;
1997 a. 27,
155,
237;
1999 a. 95,
115;
2003 a. 321;
2005 a. 194.
185.985
185.985
Inconsistent provisions of the statutes. Sickness care or hospital plans operated by cooperative associations organized under this chapter shall be operated exclusively under the provisions of
ss. 185.981 to
185.985. Other provisions of the statutes inconsistent with any of such provisions shall not be applicable to cooperative associations or sickness care plans operated by cooperative associations pursuant to this chapter.
185.985 History
History: 1985 a. 30 s.
42.
185.99
185.99
Health benefit purchasing cooperatives. 185.99(1)(a)
(a) "Commissioner" means the commissioner of insurance.
185.99(1)(c)
(c) "Person" means any corporation, limited liability company, partnership, cooperative, association, trade or labor organization, city, village, town, county, or self-employed individual.
185.99(2)(a)(a) Notwithstanding
s. 185.02, health benefit purchasing cooperatives may be organized under this chapter in each of the geographic areas designated under
sub. (6). Notwithstanding
s. 185.043, a health benefit purchasing cooperative may be formed by one or more persons.
185.99(2)(b)
(b) The purpose of a health benefit purchasing cooperative is to provide health care benefits for the individuals specified in
sub. (4) (a) 1. to
3., under a single group health care policy or plan through a contract between the health benefit purchasing cooperative and an insurer authorized to do business in this state in one or more lines of insurance that includes health insurance.
185.99(2)(c)
(c) A health benefit purchasing cooperative shall be designed so that all of the following are accomplished:
185.99(2)(c)1.
1. The members become better informed about health care trends and cost increases.
185.99(2)(c)2.
2. All members receive their health care benefits under the group health care policy or plan negotiated under
sub. (4) (a).
185.99(2)(c)3.
3. The members are actively engaged in designing health care benefit options that are offered by the insurer and that meet the needs of their community.
185.99(2)(c)4.
4. The health insurance risk of all of the members is pooled.
185.99(2)(c)5.
5. The members actively participate in health improvement decisions for their community.
185.99(2m)
(2m) Temporary board of directors. Notwithstanding
s. 185.05 (1) (m), the articles of a health benefit purchasing cooperative shall set forth the name and address of at least one incorporator who will act as the temporary board.
185.99(3)(a)(a) Notwithstanding
s. 185.11 (1), each health benefit purchasing cooperative shall be organized on a membership basis with no capital stock.
185.99(3)(b)
(b) Subject to
par. (c), any person that does business in, is located in, has a principal office in, or resides in the geographic area in which a health benefit purchasing cooperative is organized, that meets the membership criteria established by the health benefit purchasing cooperative in its bylaws, and that pays the membership fee may be a member of the health benefit purchasing cooperative.
185.99(3)(c)
(c) A health benefit cooperative may limit membership of self-employed individuals through its membership criteria, but such criteria must be applied in the same manner to all self-employed individuals.
185.99(3)(d)
(d) Each health benefit purchasing cooperative shall file its membership criteria, as well as any amendments to the criteria, with the commissioner.
