2011 - 2012 LEGISLATURE
February 7, 2012 - Introduced by Representatives Craig, Wynn, August, Knudson,
Knilans, Bernier, Farrow, Honadel, Jacque, Kapenga, Kooyenga, Kramer,
Kuglitsch, LeMahieu, T. Larson, Nass, Steineke, Stroebel, Thiesfeldt and
Weininger, cosponsored by Senators Vukmir, Galloway, Grothman, Lasee
and Lazich. Referred to Committee on Insurance.
1An Act to amend
49.45 (2m) (c) (intro.); and to create
49.45 (2m) (dm) and 2
146.965 of the statutes; relating to: requiring legislation for agencies to take
3an action to, request federal moneys to, and use state moneys to assist the
4federal government to implement 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 that, before a state agency takes
any action to implement PPACA for which the agency would typically promulgate a
rule, the agency must request the Legislative Reference Bureau to prepare
legislation that allows the agency to take the action. The agency must then submit
the proposed legislation to each standing committee of each house of the legislature
that has jurisdiction over health or insurance matters. The bill prohibits the agency
from taking the action to implement PPACA until the legislation allowing the agency
to take the action takes effect. The bill also prohibits an agency from requesting a
grant or other moneys from the federal government to implement PPACA and from
expending any state moneys, or federal moneys passing through the state treasury,
to assist the federal government in implementing PPACA.
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:
(c) (intro.) Subject to par. pars.
(d) and (dm)
, if the department 4
determines, as a result of the study under par. (b), that revision of existing statutes 5
or rules would be necessary to advance a purpose described in par. (b) 1. to 7., the 6
department may propose a policy that makes any of the following changes related to 7
Medical Assistance programs:
AB531, s. 2
49.45 (2m) (dm) of the statutes is created to read:
The department may not follow the procedures under this 10
section to implement a policy that involves an action to implement the Patient 11
Protection and Affordable Care Act, as defined in s. 146.965 (1) (b). If the department 12
proposes a policy under par. (c) that involves an action to implement the Patient 13
Protection and Affordable Care Act, the department shall comply with the procedure 14
under s. 146.965 (2) before taking the action.
AB531, s. 3
146.965 of the statutes is created to read:
16146.965 Implementation of federal health reform. (1) Definitions.
(a) "Agency" means a board, commission, committee, department, or officer in 19
the state government, except the governor, a district attorney, or a military or judicial 20
(b) "Patient Protection and Affordable Care Act" means the federal Patient 2
Protection and Affordable Care Act, P.L. 111-148
, as amended by the federal Health 3
Care and Education Reconciliation Act of 2010, P.L. 111-152
4(2) Legislation required.
(a) Notwithstanding s. 227.11 (2), before an agency 5
takes any action to implement any portion of the Patient Protection and Affordable 6
Care Act for which the agency would typically promulgate a rule, the agency shall 7
request that the legislative reference bureau prepare legislation that allows the 8
agency to take the action. The agency shall submit the proposed legislation to each 9
standing committee of each house of the legislature that has jurisdiction over health 10
or insurance matters under s. 13.172 (3). The agency may not take the action until 11
the legislation allowing the agency to take the action takes effect.
(b) No agency may request a grant or other moneys from the federal 13
government to implement the Patient Protection and Affordable Care Act, unless the 14
state legislature has enacted legislation to allow the request for the grant or other 15
moneys and the legislation is in effect.
(c) No agency may expend any moneys of this state, or of any subdivision or 17
agency of this state, or any federal moneys passing through the state treasury to 18
assist the federal government in implementing any portion of the Patient Protection 19
and Affordable Care Act unless the state legislature has enacted legislation to allow 20
the agency to expend those moneys and the legislation is in effect.