SB466: Bill Text

SB466,9,25 2. Use as a factor in the determination of employee contributions or any other aspect of coverage under the self-insured health plan, the knowledge or suspicion that a health plan participant has been or is a victim of abuse or domestic abuse or that a member of the health plan participant's family has been or is a victim of abuse or domestic abuse.

SB466,10,7 3. Exclude or limit coverage of, or deny a claim for, health care services or items related to the treatment of injury or disease resulting from abuse or domestic abuse on the basis that a health plan participant has been, or the self-insured governmental body has reason to believe that a health plan participant is, a victim of abuse or domestic abuse or that a member of the health plan participant's family has been, or the self-insured governmental body has reason to believe that a member of the health plan participant's family is, a victim of abuse or domestic abuse.

SB466,10,13 (c) In establishing any employee contribution amounts for a self-insured health plan, a self-insured governmental body may inquire about a person's existing medical condition and, based on the opinion of a qualified actuary, as defined in s. 623.06 (1c), use information related to a person's existing medical condition, regardless of whether that condition is or may have been caused by abuse or domestic abuse.

SB466, s. 21 Section 21. 631.95 (4) of the statutes is amended to read:

SB466,10,19 631.95 (4) Immunity for insurers. An insurer or a city, town, village, county, or school district that provides a self-insured health plan, with respect to the self-insured health plan, is immune from any civil or criminal liability for any action taken under sub. (2m) (c) or (3) or for the death of, or injury to, an insured or health plan participant that results from abuse or domestic abuse.

SB466, s. 22 Section 22. 631.95 (5) (a) of the statutes is renumbered 631.95 (5) (ar).

SB466, s. 23 Section 23. 631.95 (5) (ag) of the statutes is created to read:

SB466,10,22 631.95 (5) (ag) In this subsection, unless the context requires otherwise:

SB466,10,24 1. "Insurance" includes a self-insured health plan of a city, town, village, county, or school district.

SB466,11,2 2. "Insured" includes a person who participates in a self-insured health plan provided by a city, town, village, county, or school district.

SB466,11,4 3. "Insurer" includes a city, town, village, county, or school district that provides a self-insured health plan, with respect to the self-insured health plan.

SB466, s. 24 Section 24. 631.95 (5) (c) (intro.) of the statutes is amended to read:

SB466,11,9 631.95 (5) (c) (intro.) Paragraphs (a) (ar) and (b) do not apply if the use, disclosure or transfer of the information is made with the consent of the individual to whom the information relates or if the use, disclosure or transfer satisfies any of the following:

SB466, s. 25 Section 25. 632.726 (2) of the statutes is amended to read:

SB466,11,17 632.726 (2) If an insurer or a city, town, village, county, or school district that provides a self-insured health plan, with respect to the self-insured health plan, changes a current procedural terminology code that was submitted by a health care provider on a health insurance claim form, the insurer or city, town, village, county, or school district shall include on the explanation of benefits form the reason for the change to the current procedural terminology code and shall cite on the explanation of benefits form the source for the change.

SB466, s. 26 Section 26. 632.745 (intro.) of the statutes is amended to read:

SB466,11,21 632.745 Coverage requirements for group and individual health benefit plans; definitions. (intro.) In this section and ss. 632.746 to 632.7495, unless the context requires otherwise:

SB466, s. 27 Section 27. 632.745 (9) of the statutes is renumbered 632.745 (9) (intro.) and amended to read:

SB466,11,24 632.745 (9) (intro.) "Group health benefit plan" means a any of the following:

SB466,12,3 (a) A health benefit plan that is issued by an insurer to or through an employer on behalf of a group consisting of at least 2 employees or a group including at least 2 eligible employees. The term includes individual

SB466,12,5 (b) Individual health benefit plans covering eligible employees when 3 or more are sold to or through an employer.

SB466, s. 28 Section 28. 632.745 (9) (c) of the statutes is created to read:

SB466,12,7 632.745 (9) (c) A self-insured health plan under sub. (24) (b) and (c).

SB466, s. 29 Section 29. 632.745 (15) of the statutes is amended to read:

SB466,12,17 632.745 (15) "Insurer" means an insurer that is authorized to do business in this state, in one or more lines of insurance that includes health insurance, and that offers health benefit plans covering individuals in this state or eligible employees of one or more employers in this state. The term includes a health maintenance organization, a preferred provider plan, as defined in s. 609.01 (4), an insurer operating as a cooperative association organized under ss. 185.981 to 185.985, a city, town, village, county, or school district that provides a self-insured health plan, with respect to the self-insured health plan, and a limited service health organization, as defined in s. 609.01 (3).

SB466, s. 30 Section 30. 632.745 (24) of the statutes is renumbered 632.745 (24) (intro.) and amended to read:

SB466,12,21 632.745 (24) "Self-insured health plan" means a self-insured health plan of the any of the following:

SB466,12,22 (a) The state or a .

SB466,12,23 (b) A county, city, village, or town or.

SB466,12,24 (c) A school district.

SB466, s. 31 Section 31. 632.83 (1) of the statutes is renumbered 632.83 (1) (intro.) and amended to read:

SB466,13,3 632.83 (1) In this section, "health :

SB466,13,8 (a) "Health benefit plan" has the meaning given in s. 632.745 (11), except that "health benefit plan" includes the coverage specified in s. 632.745 (11) (b) 10. and includes a self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3., and a policy, certificate or contract under s. 632.745 (11) (b) 9. that provides only limited-scope dental or vision benefits.

SB466, s. 32 Section 32. 632.83 (1) (b) of the statutes is created to read:

SB466,13,11 632.83 (1) (b) "Insured" includes a person who participates in a self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3.

SB466, s. 33 Section 33. 632.83 (1) (c) of the statutes is created to read:

SB466,13,15 632.83 (1) (c) "Insurer" includes a city, town, village, county, or school district that provides a self-insured health plan, with respect to the self-insured health plan.

SB466, s. 34 Section 34. 632.835 (1) (c) of the statutes is amended to read:

SB466,13,19 632.835 (1) (c) "Health benefit plan" has the meaning given in s. 632.745 (11), except that "health benefit plan" includes the coverage specified in s. 632.745 (11) (b) 10. and a self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3.

SB466, s. 35 Section 35. 632.835 (1) (cg) of the statutes is created to read:

SB466,13,22 632.835 (1) (cg) "Insured" includes a person who participates in a self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3.

SB466, s. 36 Section 36. 632.835 (1) (ck) of the statutes is created to read:

SB466,14,3 632.835 (1) (ck) "Insurer" includes a city, town, village, county, or school district that provides a self-insured health plan, with respect to the self-insured health plan.

SB466, s. 37 Section 37. 632.845 (2) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

SB466,14,10 632.845 (2) An A self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3. or an insurer that provides coverage under a health care plan may not refuse to cover health care services that are provided to an insured under the plan and for which there is coverage under the plan on the basis that there may be coverage for the services under a liability insurance policy.

SB466, s. 38 Section 38. 632.85 (1) (c) of the statutes is renumbered 632.85 (1) (c) (intro.) and amended to read:

SB466,14,14 632.85 (1) (c) "Self-insured health plan" means a self-insured health plan of the any of the following:

SB466,14,15 1. The state or a .

SB466,14,16 2. A county, city, village, or town or.

SB466,14,17 3. A school district.

SB466, s. 39 Section 39. 632.857 of the statutes is amended to read:

SB466,15,2 632.857 Explanation required for restriction or termination of coverage. If an insurer or a self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3., restricts or terminates an insured's or a health plan participant's coverage for the treatment of a condition or complaint and, as a result, the insured or health plan participant becomes liable for payment for all of his or her treatment for the condition or complaint, the insurer or self-insured health plan shall provide on the explanation of benefits form a detailed explanation of the clinical rationale and of the basis in the policy, plan, or contract or in applicable law for the insurer's or self-insured health plan's restriction or termination of coverage.

SB466, s. 40 Section 40. 632.86 (2) (intro.) of the statutes is amended to read:

SB466,15,7 632.86 (2) No group or blanket disability insurance policy or self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3., that provides coverage of prescribed drugs or devices through a pharmaceutical mail order plan may do any of the following:

SB466, s. 41 Section 41. 632.87 (1) of the statutes is renumbered 632.87 (1r).

SB466, s. 42 Section 42. 632.87 (1g) of the statutes is created to read:

SB466,15,10 632.87 (1g) In this section, unless the context requires otherwise:

SB466,15,12 (a) "Insured" includes a person who participates in a self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3.

SB466,15,14 (b) "Insurer" includes a city, town, village, county, or school district that provides a self-insured health plan, with respect to that self-insured health plan.

SB466,15,16 (c) "Plan" includes a self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3.

SB466, s. 43 Section 43. 632.875 (1) (bg) of the statutes is created to read:

SB466,15,20 632.875 (1) (bg) "Insurer" includes a city, town, village, county, or school district that provides a self-insured health plan, with respect to the self-insured health plan.

SB466, s. 44 Section 44. 632.875 (1) (cg) of the statutes is created to read:

SB466,15,23 632.875 (1) (cg) "Plan" includes a self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3.

SB466, s. 45 Section 45. 632.88 (1) (intro.) of the statutes is amended to read:

SB466,16,7 632.88 (1) Termination of coverage. (intro.) Every hospital or medical expense insurance policy or contract or self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3., that provides that coverage of a dependent child of a person insured under the policy or covered under the plan shall terminate upon attainment of a limiting age for dependent children specified in the policy or plan shall also provide that the age limitation may not operate to terminate the coverage of a dependent child while the child is and continues to be both:

SB466, s. 46 Section 46. 632.88 (2) of the statutes is amended to read:

SB466,16,15 632.88 (2) Proof of incapacity. The insurer or self-insured health plan, as defined in s. 632.85 (1) (c) 2. and 3., may require that proof of the incapacity and dependency be furnished by the person insured under the policy or participating in the self-insured health plan within 31 days of the date the child attains the limiting age, and at any time thereafter except that the insurer or self-insured health plan may not require proof more frequently than annually after the 2-year period immediately following attainment of the limiting age by the child.

SB466, s. 47 Section 47. 632.89 (1) (bm) of the statutes is created to read:

SB466,16,18 632.89 (1) (bm) "Group or blanket disability insurance policy" includes a self-insured health plan, as defined in 632.85 (1) (c) 2. and 3.

SB466, s. 48 Section 48. 632.89 (1) (dg) of the statutes is created to read:

SB466,16,22 632.89 (1) (dg) "Insurer" includes a city, town, village, county, or school district that provides a self-insured health plan, with respect to the self-insured health plan.

SB466, s. 49 Section 49. 632.895 (1) (e) of the statutes is created to read:

SB466,16,25 632.895 (1) (e) "Insured" includes a person who participates in a self-insured health plan.

SB466, s. 50 Section 50. 632.895 (1) (f) of the statutes is created to read:

SB466,17,4 632.895 (1) (f) "Insurer" includes a city, town, village, county, or school district that provides a self-insured health plan, with respect to that self-insured health plan.

SB466, s. 51 Section 51. 632.895 (1) (g) of the statutes is created to read:

SB466,17,7 632.895 (1) (g) "Self-insured health plan" means a self-insured health plan of any of the following:

SB466,17,8 1. The state.

SB466,17,9 2. A county, city, village, or town.

SB466,17,10 3. A school district.

SB466, s. 52 Section 52. 632.895 (2) (a), (d) and (e) of the statutes are amended to read:

SB466,17,20 632.895 (2) (a) Every disability insurance policy or self-insured health plan under sub. (1) (g) 2. and 3. which provides coverage of expenses incurred for inpatient hospital care shall provide coverage for the usual and customary fees for home care. Such coverage shall be subject to the same deductible and coinsurance provisions of the policy or self-insured health plan as other covered services. The maximum weekly benefit for such coverage need not exceed the usual and customary weekly cost for care in a skilled nursing facility. If an insurer provides disability insurance, or if 2 or more insurers jointly provide disability insurance, to an insured under 2 or more policies, home care coverage is required under only one of the policies.

SB466,18,2 (d) Each visit by a person providing services under a home care plan or evaluating the need for or developing a plan shall be considered as one home care visit. The policy or self-insured health plan under sub. (1) (g) 2. and 3. may contain a limit on the number of home care visits, but not less than 40 visits in any 12-month period, for each person covered under the policy or self-insured health plan. Up to 4 consecutive hours in a 24-hour period of home health service shall be considered as one home care visit.

SB466,18,8 (e) Every disability insurance policy or self-insured health plan under sub. (1) (g) 2. and 3. which purports to provide coverage supplementing parts A and B of Title XVIII of the social security act shall make available and if requested by the insured provide coverage of supplemental home care visits beyond those provided by parts A and B, sufficient to produce an aggregate coverage of 365 home care visits per plan or policy year.

SB466, s. 53 Section 53. 632.895 (3) of the statutes is amended to read:

SB466,19,9 632.895 (3) Skilled nursing care. Every disability insurance policy filed after November 29, 1979, which and every self-insured health plan under sub. (1) (g) 2. and 3. that provides coverage for hospital care shall provide coverage for at least 30 days for skilled nursing care to patients who enter a licensed skilled nursing care facility. A disability insurance policy or self-insured health plan, other than a medicare supplement policy or medicare replacement policy, may limit coverage under this subsection to patients who enter a licensed skilled nursing care facility within 24 hours after discharge from a general hospital. The daily rate payable under this subsection to a licensed skilled nursing care facility shall be no less than the maximum daily rate established for skilled nursing care in that facility by the department of health services for purposes of reimbursement under the medical assistance program under subch. IV of ch. 49. The coverage under this subsection shall apply only to skilled nursing care which is certified as medically necessary by the attending physician and is recertified as medically necessary every 7 days. If the disability insurance policy or self-insured health plan is other than a medicare supplement policy or medicare replacement policy, coverage under this subsection shall apply only to the continued treatment for the same medical or surgical condition for which the insured had been treated at the hospital prior to entry into the skilled nursing care facility. Coverage under any disability insurance policy or self-insured health plan governed by this subsection may be subject to a deductible that applies to the hospital care coverage provided by the policy or plan. The coverage under this subsection shall not apply to care which is essentially domiciliary or custodial, or to care which is available to the insured without charge or under a governmental health care program, other than a program provided under ch. 49.

SB466, s. 54 Section 54. 632.895 (4) (a) of the statutes is amended to read:

SB466,19,16 632.895 (4) (a) Every disability insurance policy which and every self-insured health plan under sub. (1) (g) 2. and 3. that provides hospital treatment coverage on an expense incurred basis shall provide coverage for hospital inpatient and outpatient kidney disease treatment, which may be limited to dialysis, transplantation and donor-related services, in an amount not less than $30,000 annually, as defined by the department of health services under par. (d).