AB675-AA1,4,2519
655.002
(2) (b) Except as provided in sub. (1) (b), a physician
or, nurse
20anesthetist
, or nurse-midwife for whom this state is not a principal place of practice,
21for a fiscal year, or a portion of a fiscal year, during which he or she practices his or
22her profession in this state. For a health care provider who elects to be subject to this
23chapter under this paragraph, this chapter applies only to claims arising out of
24practice that is in this state and that is outside the scope of an exemption under s.
25655.003 (1) or (3)
or (4).".
AB675-AA1,5,3
3"
Section 8f. 655.003 (1) of the statutes is amended to read:
AB675-AA1,5,74
655.003
(1) A physician
or, a nurse anesthetist
, or a nurse-midwife who is a
5state, county
, or municipal employee, or federal employee or contractor covered
6under the federal tort claims act, as amended, and who is acting within the scope of
7his or her employment or contractual duties.
AB675-AA1,5,139
655.003
(3) A physician
or, a nurse anesthetist
, or a nurse-midwife who
10provides professional services under the conditions described in s. 146.89
or 250.042
11(4) (b), with respect to those professional services provided by the physician
or, nurse
12anesthetist
, or nurse-midwife for which he or she is covered by s. 165.25 and
13considered an agent of the department, as provided in s. 165.25 (6) (b).
AB675-AA1,5,1615
655.003
(4) A nurse-midwife who is considered to be an employee of the federal
16public health service under
42 USC 233 (g).".
AB675-AA1,5,19
18"
Section 10. 655.005 (2) (a) of the statutes, as affected by 2009 Wisconsin Act
19.... (this act), is amended to read:
AB675-AA1,5,2320
655.005
(2) (a) An employee of a health care provider if the employee is a
21physician
or a, nurse anesthetist
, or nurse-midwife or is a health care practitioner
22who is providing health care services that are not under the direction and
23supervision of a physician
or, nurse anesthetist
, or nurse-midwife.
AB675-AA1, s. 11
24Section 11. 655.005 (2) (b) of the statutes is amended to read:
AB675-AA1,6,9
1655.005
(2) (b) A service corporation organized under s. 180.1903 by health care
2professionals, as defined under s. 180.1901 (1m), if the board of governors determines
3that it is not the primary purpose of the service corporation to provide the medical
4services of physicians
or, nurse anesthetists
, or nurse-midwives. The board of
5governors may not determine under this paragraph that it is not the primary purpose
6of a service corporation to provide the medical services of physicians
or, nurse
7anesthetists
, or nurse-midwives unless more than 50% of the shareholders of the
8service corporation are
neither not physicians
nor, nurse anesthetists
, or
9nurse-midwives.
AB675-AA1,6,1311
655.23
(5m) The limits set forth in sub. (4) shall apply to any joint liability of
12a physician
or, nurse anesthetist
, or nurse-midwife and his or her corporation,
13partnership, or other organization or enterprise under s. 655.002 (1) (d), (e), or (em).
AB675-AA1, s. 13
14Section 13. 655.27 (3) (a) 4. of the statutes is amended to read:
AB675-AA1,6,1815
655.27
(3) (a) 4. For a health care provider described in s. 655.002 (1) (d), (e),
16(em), or (f), risk factors and past and prospective loss and expense experience
17attributable to employees of that health care provider other than employees licensed
18as a physician
or, nurse anesthetist
, or nurse-midwife.
AB675-AA1, s. 14
19Section 14. 655.27 (3) (b) 2f. of the statutes is created to read:
AB675-AA1,6,2420
655.27
(3) (b) 2f. With respect to fees paid by nurse-midwives, the rule may
21provide for a separate payment classification or for a payment classification that is
22combined with one or more other categories of health care providers, as the
23commissioner, after approval by the board of governors, determines is appropriate
24for pooling risks under the fund.
AB675-AA1, s. 15
25Section 15. 655.27 (3) (b) 2m. of the statutes is amended to read:
AB675-AA1,7,7
1655.27
(3) (b) 2m. In addition to the fees and payment classifications described
2under subds. 1.
and 2. to 2f., the commissioner, after approval by the board of
3governors, may by rule establish a separate payment classification for physicians
4satisfying s. 655.002 (1) (b)
and, a separate fee for nurse anesthetists satisfying s.
5655.002 (1) (b)
, and a separate fee for nurse-midwives satisfying s. 655.002 (1) (b) 6which take into account the loss experience of health care providers for whom
7Michigan is a principal place of practice.
AB675-AA1, s. 16
8Section 16. 655.275 (5) (b) 3. of the statutes is created to read:
AB675-AA1,7,109
655.275
(5) (b) 3. If a claim was paid for damages arising out of the rendering
10of care by a nurse-midwife, with at least one nurse-midwife.
AB675-AA1,7,15
12(1) Expiration of term of member on board of governors. Notwithstanding
13the length of terms specified for the members of the board of governors under section
14619.04 (3) of the statutes, as affected by this act, the initial member named by the
15Wisconsin Nurses Association shall be appointed for a term expiring on May 1, 2013.
AB675-AA1,7,25
16(2) Notice of effective date of rule for fees. The commissioner of insurance
17shall promulgate a rule under section 655.27 (3) (b) of the statutes, as affected by this
18act, that takes into account participation in the injured patients and families
19compensation fund by nurse-midwives. The rule may provide for a separate
20payment classification or for a payment classification that is combined with one or
21more other categories of health care providers, as the commissioner, after approval
22by the board of governors, determines is appropriate for pooling risks under the fund.
23When the rule has been promulgated and is in effect, the commissioner of insurance
24shall publish a notice in the Wisconsin Administrative Register that specifies the
25effective date of the rule.
AB675-AA1, s. 18
1Section 18.
Effective dates. This act takes effect on the first day of the 3rd
2month beginning after the date published by the commissioner of insurance in the
3Wisconsin Administrative Register under 2009 Wisconsin Act .... (this act), section
417 (2), except as follows:
AB675-AA1,8,9
5(1) The treatment of sections 50.36 (3i), 441.51 (1) (a) and (c), (2) (b), and (4),
6619.04 (3), 655.001 (9c), and 655.005 (2) (a) (by
Section 9) of the statutes, the
7renumbering and amendment of section 655.001 (7t) of the statutes, the creation of
8section 655.001 (7t) (b) of the statutes, and
Section 17 of this act take effect on the
9day after publication.".