632.895(14)(a)2.
2. "Dependent" means a spouse, an unmarried child under the age of 19 years, an unmarried child who is a full-time student under the age of 21 years and who is financially dependent upon the parent, or an unmarried child of any age who is medically certified as disabled and who is dependent upon the parent.
632.895(14)(b)
(b) Except as provided in
par. (d), every disability insurance policy, and every self-insured health plan of the state or a county, city, town, village or school district, that provides coverage for a dependent of the insured shall provide coverage of appropriate and necessary immunizations, from birth to the age of 6 years, for a dependent who is a child of the insured.
632.895(14)(c)
(c) The coverage required under
par. (b) may not be subject to any deductibles, copayments, or coinsurance under the policy or plan. This paragraph applies to a defined network plan, as defined in
s. 609.01 (1b), only with respect to appropriate and necessary immunizations provided by providers participating, as defined in
s. 609.01 (3m), in the plan.
632.895(14)(d)
(d) This subsection does not apply to any of the following:
632.895(14)(d)1.
1. A disability insurance policy that covers only certain specified diseases.
632.895(14)(d)2.
2. A disability insurance policy that covers only hospital and surgical charges.
632.895(14)(d)3.
3. A health care plan offered by a limited service health organization, as defined in
s. 609.01 (3), or by a preferred provider plan, as defined in
s. 609.01 (4), that is not a defined network plan, as defined in
s. 609.01 (1b).
632.895(15)(a)(a) Subject to
pars. (b) and
(c), every disability insurance policy, and every self-insured health plan of the state or a county, city, town, village, or school district, that provides coverage for a person as a dependent of the insured because the person is a full-time student shall continue to provide dependent coverage for the person if, due to a medically necessary leave of absence, he or she ceases to be a full-time student.
632.895(15)(b)
(b) A policy or plan is not required to continue coverage under
par. (a) unless the person submits documentation and certification of the medical necessity of the leave of absence from the person's attending physician. The date on which the person ceases to be a full-time student due to the medically necessary leave of absence shall be the date on which the coverage continuation under
par. (a) begins.
632.895(15)(c)
(c) A policy or plan is required to continue coverage under
par. (a) only until any of the following occurs:
632.895(15)(c)1.
1. The person advises the policy or plan that he or she does not intend to return to school full time.
632.895(15)(c)4.
4. The person marries and is eligible for coverage under his or her spouse's health care coverage.
632.895(15)(c)5.
5. The person reaches the age at which coverage as a dependent who is a full-time student would otherwise end under the terms and conditions of the policy or plan.
632.895(15)(c)6.
6. Coverage of the insured through whom the person has dependent coverage under the policy or plan is discontinued or not renewed.
632.895(15)(c)7.
7. One year has elapsed since the person's coverage continuation under
par. (a) began and the person has not returned to school full time.
632.895 History
History: 1981 c. 39 ss.
4 to
12,
18,
20;
1981 c. 85,
99;
1981 c. 314 ss.
122,
123,
125;
1983 a. 36,
429;
1985 a. 29,
56,
311;
1987 a. 195,
327,
403;
1989 a. 129,
201,
229,
316,
332,
359;
1991 a. 32,
45,
123;
1993 a. 443,
450;
1995 a. 27 ss.
7048,
9126 (19);
1995 a. 201,
225;
1997 a. 27,
35,
75,
175,
237;
1999 a. 32,
115;
1999 a. 150 s.
672;
2001 a. 16,
82;
2007 a. 20 s.
9121 (6) (a);
2007 a. 36,
153.
632.895 Cross-reference
Cross Reference: See also ss.
Ins 3.38 and
3.54, Wis. adm. code.
632.895 Annotation
The commissioner can reasonably construe sub. (3) to require an insurer to pay a facility's charge for care up to the maximum department of health and social services rate. Mutual Benefit v. Insurance Commissioner,
151 Wis. 2d 411,
444 N.W.2d 450 (Ct. App. 1989).
632.895 Annotation
Sub. (2) (g) does not prohibit an insurer from contracting away the right to review medical necessity. The provision does not apply until the insurer has shown that its own determination is relevant to a insurance contract. Schroeder v. Blue Cross & Blue Shield,
153 Wis. 2d 165,
450 N.W.2d 470 (Ct. App. 1989).
632.896
632.896
Mandatory coverage of adopted children. 632.896(1)(a)
(a) "Department" means the department of health services.
632.896(1)(c)
(c) "Placed for adoption" means any of the following:
632.896(1)(c)3.
3. A sending agency, as defined in
s. 48.988 (2) (d), places a child in the insured's home under
s. 48.988 for adoption, and the insured takes physical custody of the child at any location within the United States.
632.896(1)(c)4.
4. The person bringing the child into this state has complied with
s. 48.98, and the insured takes physical custody of the child at any location within the United States.
632.896(1)(c)5.
5. A court of a foreign jurisdiction appoints the insured as guardian of a child who is a citizen of that jurisdiction, and the child arrives in the insured's home for the purpose of adoption by the insured under
s. 48.839.
632.896(2)
(2) Adopted or placed for adoption. Every disability insurance policy that is issued or renewed on or after March 1, 1991, and that provides coverage for dependent children of the insured, as defined in the disability insurance policy, shall cover adopted children of the insured and children placed for adoption with the insured, on the same terms and conditions, including exclusions, limitations, deductibles and copayments, as other dependent children, except as provided in
subs. (3) to
(6).
632.896(3)(a)1.1. Coverage of a child under this section shall begin on the date that a court makes a final order granting adoption of the child by the insured or on the date that the child is placed for adoption with the insured, whichever occurs first.
632.896(3)(a)2.
2. Subdivision 1. does not require coverage to begin before coverage is available under the disability insurance policy for other dependent children.
632.896(3)(b)
(b) Coverage of a child placed for adoption with the insured is required under this section despite whether a court ultimately makes a final order granting adoption of the child by the insured. If adoption of a child who is placed for adoption with the insured is not finalized, the insurer may terminate coverage of the child when the child's adoptive placement with the insured terminates.
632.896(4)
(4) Preexisting conditions. Notwithstanding
ss. 632.746 and
632.76 (2) (a), a disability insurance policy that is subject to
sub. (2) and that is in effect when a court makes a final order granting adoption or when the child is placed for adoption may not exclude or limit coverage of a disease or physical condition of the child on the ground that the disease or physical condition existed before coverage is required to begin under
sub. (3).
632.896(6)
(6) Notice to insurer. The disability insurance policy may require the insured to notify the insurer that a child is adopted or placed for adoption and to pay the insurer any premium or fees required to provide coverage for the child, within 60 days after coverage is required to begin under
sub. (3). If the insured fails to give notice or make payment within 60 days as required by the disability insurance policy in accordance with this subsection, the disability insurance policy shall treat the adopted child or child placed for adoption no less favorably than it treats other dependents, other than newborn children, who seek coverage at a time other than when the dependent was first eligible to apply for coverage.
632.897
632.897
Hospital and medical coverage for persons insured under individual and group policies. 632.897(1)(ac)
(ac) "Custodial parent" means the parent of a child who has been awarded physical placement with the child for more than 50% of the time.
632.897(1)(am)
(am) "Dependent" means a person who is or would be covered as a dependent of a group member under the terms of the group policy including, but not limited to, age limits, if the group member continues or had continued as a member of the group.
632.897(1)(b)
(b) "Employer" means the policyholder in the case of a group policy as defined in
par. (c) 1. or
1m. and the sponsor in the case of a group policy as defined in
par. (c) 2. or
3.
632.897(1)(c)1.
1. An insurance policy issued by an insurer to a policyholder on behalf of a group whose members thereby receive hospital or medical coverage on either an expense incurred or service basis, other than for specified diseases or for accidental injuries;
632.897(1)(c)1m.
1m. A long-term care insurance policy issued by an insurer to a policyholder on behalf of a group;
632.897(1)(c)2.
2. An uninsured plan or program whereby a health maintenance organization, limited service health organization, preferred provider plan, labor union, religious community or other sponsor contracts to provide hospital or medical coverage to members of a group on either an expense incurred or service basis, other than for specified diseases or for accidental injuries; or
632.897(1)(c)3.
3. A plan or program whereby a sponsor arranges for the mass marketing of franchise insurance to members of a group related to one another through their relationship with the sponsor.
632.897(1)(cm)
(cm) "Individual policy" means an insurance policy whereby an insured receives hospital or medical coverage on either an expense incurred or service basis, other than for specified diseases or for accidental injuries, and a long-term care insurance policy.
632.897(1)(d)
(d) "Insurer" means the insurer in the case of a group policy as defined in
par. (c) 1.,
1m. or
3. and the sponsor in the case of a group policy as defined in
par. (c) 2.
632.897(1)(e)
(e) "Medicare" means coverage under both part A and part B of Title XVIII of the federal social security act,
42 USC 1395 et seq., as amended.
632.897(1)(f)
(f) "Terminated insured" means a person entitled to elect continued or conversion coverage under
sub. (2) (b) or
(9).
632.897(1m)
(1m) Except as provided in
sub. (10), this section applies to any group policy which would otherwise be exempt under
s. 600.01 (1) (b) 3. if at least 150 of the certificate holders or insureds are residents of this state.
632.897(2)(a)(a) No group policy which provides coverage to the spouse of the group member may contain a provision for termination of coverage for the spouse solely as a result of a break in their marital relationship except by reason of the entry of a judgment of divorce or annulment of their marriage.
632.897(2)(b)
(b) An insurer issuing or renewing a group policy on or after May 14, 1980 and every insurer on and after the date which is 2 years after May 14, 1980 shall permit the following persons who have been continuously covered under a group policy for at least 3 months to elect to continue group policy coverage under
sub. (3) or to convert to individual coverage under
sub. (4):
632.897(2)(b)1.
1. The former spouse of a group member who otherwise would terminate coverage because of divorce or annulment.
632.897(2)(b)2.
2. A group member who would otherwise terminate eligibility for coverage under the group policy other than a group member who terminates eligibility for coverage due to discharge for misconduct shown in connection with his or her employment.
632.897(2)(b)3.
3. The spouse or dependent of a group member if the group member dies while covered by the group policy and the spouse or dependent was also covered.
632.897(2)(c)
(c) Group policy coverage of a terminated insured who is entitled under
par. (b) to elect continued group policy coverage or conversion to individual coverage and coverage of the spouse and dependents of the terminated insured provided for in the group policy continues until the terminated insured is notified under
par. (d) of the right to elect continued or conversion coverage if the premium for the coverage continues to be paid.
632.897(2)(d)
(d) If the employer is notified to terminate the coverage for any of the reasons provided under
par. (b), the employer shall provide the terminated insured written notification of the right to continue group coverage or convert to individual coverage and the payment amounts required for either continued or converted coverage including the manner, place and time in which the payments shall be made. This notice shall be given not more than 5 days after the employer receives notice to terminate coverage. The payment amount for continued group coverage may not exceed the group rate in effect for a group member, including an employer's contribution, if any, for a group policy as defined in
sub. (1) (c) 1. or
1m. or the equivalent value of the monthly contribution of a group member to a group policy as defined in
sub. (1) (c) 2. or the equivalent value of the monthly premium for franchise insurance as defined in
sub. (1) (c) 3. The premium for converted coverage shall be determined in accordance with the insurer's table of premium rates applicable to the age and class of risks of each person to be covered under that policy and to the type and amount of coverage provided. The notice may be sent to the terminated insured's home address as shown on the records of the employer.
632.897(3)(a)(a) If the terminated insured or, with respect to a minor, the parent or guardian of the terminated insured, elects to continue group coverage and tenders to the employer the amount required within 30 days after receiving notice under
sub. (2) (d), coverage of the terminated insured and, if the terminated insured is eligible for continued coverage under
sub. (2) (b) 2., coverage of the covered spouse and dependents of the terminated insured shall continue without interruption and may not terminate unless one of the following occurs:
632.897(3)(a)1.
1. The terminated insured establishes residence outside this state.
632.897(3)(a)2.
2. The terminated insured fails to make timely payment of a required premium amount.
632.897(3)(a)3.
3. The terminated insured is eligible for continued coverage under
sub. (2) (b) 1. and the group member through whom the former spouse originally obtained coverage is no longer eligible for coverage by the group policy.
632.897(3)(a)4.
4. The terminated insured becomes eligible for similar coverage under another group policy.
632.897(3)(b)
(b) If the coverage of the terminated insured is terminated under
par. (a) 3. and the group member through whom the terminated insured originally obtained coverage becomes eligible for coverage by a replacement group policy providing coverage to the same group, the former spouse shall have the right to coverage by the replacement group policy as provided in this subsection.
632.897(3)(c)
(c) If the right of the terminated insured to continue group policy coverage is terminated under
par. (a) 3. and the group member does not become eligible for coverage by a replacement group policy, the terminated insured has the right to convert to individual coverage under
sub. (4), unless
sub. (4) (d) applies.
632.897(3)(d)
(d) If the right of the terminated insured to continue group policy coverage is terminated under
par. (a) 1. the terminated insured, and a spouse or dependent of the terminated insured, if the terminated insured was eligible for continued group coverage under
sub. (2) (b) 2. and the spouse or dependent was covered under the group policy, have the right to convert to individual coverage under
sub. (4), unless
sub. (4) (d) applies.
632.897(3)(e)
(e) This subsection does not require coverage of expenses which are covered by medicare.
632.897(4)(a)(a) A terminated insured who elects conversion coverage under
sub. (2) (b) or
(3) (c) or
(d), the spouse or dependent of such a terminated insured, if the terminated insured is eligible under
sub. (2) (b) 2. and the spouse or dependent was covered under the group policy, and a terminated insured eligible under
sub. (9) and his or her dependents are entitled to have the insurer issue to them, without evidence of insurability, individual coverage reasonably similar to the terminated coverage under the group policy or individual policy. Any probationary or waiting periods required by such individual coverage shall be considered as being met to the extent such limitations have been met under the prior group policy or individual policy.
