2011 - 2012 LEGISLATURE
February 7, 2012 - Introduced by Representatives Craig, Knilans, Wynn, August,
Knudson, Bernier, Farrow, Jacque, Kapenga, Kleefisch, Kooyenga, Kramer,
Kuglitsch, T. Larson, LeMahieu, Litjens, Nass, Spanbauer, Stroebel and
Thiesfeldt, cosponsored by Senators Vukmir, Kedzie, Lasee, Lazich and
Galloway. Referred to Committee on Insurance.
1An Act to create
20.9265 and 601.46 (3) (k) of the statutes; relating to: reports
2on implementation of federal health reform.
Analysis by the Legislative Reference Bureau
On March 23, 2010, the federal government enacted the Patient Protection and
Affordable Care Act (PPACA), which, among other things, imposes requirements and
limitations on health insurance policies and health plans, requires the creation of
state-based health insurance exchanges through which individuals and small
employers can purchase insurance, changes the income eligibility criteria for
Medicaid (known as Medical Assistance in this state), and creates incentives for
improving access to health care. This bill requires agencies of the state to submit
annually to the legislature a report that describes the cost, since March 23, 2010, to
that agency of implementing PPACA and any federal moneys received after March
23, 2010, related to implementing PPACA, with the first report due by September 1,
2012. In addition, certain agencies must include certain information in their annual
reports for that year and in an analysis of any change in the information after March
23, 2010. The Department of Health Services must include the average spending per
recipient for Medical Assistance programs and the spending for Medical Assistance
programs as a percentage of the state budget. The Department of Safety and
Professional Services shall include the number of physicians practicing in the state.
The Office of the Commissioner of Insurance must include the number of insurance
companies that offer health care plans in the state. The bill also requires the
commissioner of insurance to include in his or her annual report to the legislature
a review of the effect the implementation of PPACA has on rates of health care plans
that are not issued through a governmental body. That review must include the
average rate for each health care plan.
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:
AB530, s. 1
20.9265 of the statutes is created to read:
220.9265 Federal health reform cost reports. (1) Definitions.
In this 3
(a) "Agency" means an office, department, agency, institution of higher 5
education, association, society, or other body in state government created or 6
authorized to be created by the constitution or any law, which is entitled to expend 7
moneys appropriated by law, including the legislature, the courts, and any authority 8
created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 238, or 9
(b) "Medical Assistance program" includes any program operated under subch. 11
IV of ch. 49, demonstration program operated under 42 USC 1315
, and program 12
operated under a waiver of federal law relating to medical assistance that is granted 13
by the federal department of health and human services.
(c) "Patient Protection and Affordable Care Act" means the federal Patient 15
Protection and Affordable Care Act, P.L. 111-148
, as amended by the federal Health 16
Care and Education Reconciliation Act of 2010, P.L. 111-152
17(2) Report required.
By September 1, 2012, and annually thereafter, subject 18
to sub. (3), each agency shall submit to the legislature in the manner provided under 19
s. 13.172 (2) a report that describes the cost, since March 23, 2010, to that agency of 20
implementing the Patient Protection and Affordable Care Act and any moneys
received from the federal government after March 23, 2010, that are related to 2
implementing the Patient Protection and Affordable Care Act.
3(3) Specific agency requirements.
(a) In the report under sub. (2), the 4
department of health services shall include the average spending per recipient for 5
Medical Assistance programs, and the spending for Medical Assistance programs as 6
a percentage of the state budget, for that year and in an analysis of any change in 7
spending after March 23, 2010.
(b) In the report under sub. (2), the department of safety and professional 9
services shall include the number of physicians practicing in the state in that year 10
and in an analysis of any change in the number of physicians practicing after March 11
(c) In the report under sub. (2), the office of the commissioner of insurance shall 13
include the number of insurance companies that offer health care plans, as defined 14
in s. 628.36 (2) (a) 1., in the state for that year and in an analysis of any change in 15
the number of insurers after March 23, 2010.
AB530, s. 2
601.46 (3) (k) of the statutes is created to read:
(k) A review of the effect the implementation of the Patient 18
Protection and Affordable Care Act, as defined in s. 20.9265 (1) (c), has on rates of 19
health care plans, as defined in s. 628.36 (2) (a) 1., whether offered inside or outside 20
of any health insurance exchange, that are not issued through a governmental body. 21
The review shall include the average rate for each health care plan.