2013 - 2014 LEGISLATURE
May 23, 2013 - Introduced by Representatives Jacque, Severson, Bies, Born,
Brooks, Craig, Endsley, Kleefisch, T. Larson, Murphy, Murtha, Nass, A.
, Pridemore, Ripp, Sanfelippo, Schraa, Stone, Stroebel, Thiesfeldt and
Tittl, cosponsored by Senators Grothman, Lazich, Schultz, Farrow and
Kedzie. Referred to Committee on Health.
AB216,1,6 1An Act to renumber 40.02 (1); to amend 40.03 (6) (a), 40.03 (6) (b) and 632.895
2(17) (b) (intro.); and to create 40.02 (1d), 40.03 (6) (k), 40.56 and 632.895 (17)
3(e) of the statutes; relating to: prohibiting the group insurance board from
4contracting for or providing abortion services and exempting religious
5employers, religious organizations, and religious institutions of higher
6education from contraceptive insurance coverage.
Analysis by the Legislative Reference Bureau
Under current law, the Group Insurance Board (GIB) enters into health
insurance contracts and provides a health insurance plan on a self-insured basis for
eligible employees under the Wisconsin Retirement System, which include all state
employees and state annuitants and may include local government employees if the
local governmental unit elects to participate in a GIB health insurance plan. Among
the health care procedures that are currently covered under the health insurance
contracts and the state self-insured health care plan are abortion services. This bill
prohibits GIB from entering into any contract with respect to a group health
insurance plan or providing a group health insurance plan on a self-insured basis
that provides abortion services, with certain exceptions.
Under current law, disability insurance policies, also known as health
insurance policies, and self-insured governmental and school district health plans
must cover the cost of contraceptives prescribed by a health care provider and of

services that are necessary to prescribe, administer, maintain, or remove the
contraceptive. Contraceptives are drugs or devices approved by the federal Food and
Drug Administration to prevent pregnancy. This bill exempts from the coverage of
contraceptives and related services an insurer that issues a group health insurance
plan to a religious employer, religious organization, or religious institution of higher
education, if that employer, organization, or institution meets the criteria specified
in the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB216,1 1Section 1. 40.02 (1) of the statutes is renumbered 40.02 (1m).
AB216,2 2Section 2. 40.02 (1d) of the statutes is created to read:
AB216,2,33 40.02 (1d) "Abortion" has the meaning given in s. 253.10 (2) (a).
AB216,3 4Section 3. 40.03 (6) (a) of the statutes is amended to read:
AB216,2,85 40.03 (6) (a) 1. Shall Except as provided in par. (k), shall, on behalf of the state,
6enter into a contract or contracts with one or more insurers authorized to transact
7insurance business in this state for the purpose of providing the group insurance
8plans provided for by this chapter; or
AB216,2,149 2. May Except as provided in par. (k), may, wholly or partially in lieu of subd.
101., on behalf of the state, provide any group insurance plan on a self-insured basis
11in which case the group insurance board shall approve a written description setting
12forth the terms and conditions of the plan, and may contract directly with providers
13of hospital, medical or ancillary services to provide insured employees with the
14benefits provided under this chapter.
AB216,4 15Section 4. 40.03 (6) (b) of the statutes is amended to read:
AB216,3,416 40.03 (6) (b) May Except as provided in par. (k), may provide other group
17insurance plans for employees and their dependents and for annuitants and their
18dependents in addition to the group insurance plans specifically provided under this

1chapter. The terms of the group insurance under this paragraph shall be determined
2by contract, and shall provide that the employer is not liable for any obligations
3accruing from the operation of any group insurance plan under this paragraph
4except as agreed to by the employer.
AB216,5 5Section 5. 40.03 (6) (k) of the statutes is created to read:
AB216,3,96 40.03 (6) (k) May not enter into, extend, modify, or renew any contract for a
7group insurance plan or provide a group insurance plan or other benefit on a
8self-insured basis that provides coverage or services for an abortion, the
9performance of which is ineligible for funding under s. 20.927.
AB216,6 10Section 6. 40.56 of the statutes is created to read:
AB216,3,13 1140.56 Abortion coverage prohibited. No abortion coverage or services, the
12performance of which is ineligible for funding under s. 20.927, may be provided in
13a health insurance plan or health care coverage plan offered under this subchapter.
AB216,7 14Section 7. 632.895 (17) (b) (intro.) of the statutes is amended to read:
AB216,3,1915 632.895 (17) (b) (intro.) Every Except as provided in par. (e), every disability
16insurance policy, and every self-insured health plan of the state or of a county, city,
17town, village, or school district, that provides coverage of outpatient health care
18services, preventive treatments and services, or prescription drugs and devices shall
19provide coverage for all of the following:
AB216,8 20Section 8. 632.895 (17) (e) of the statutes is created to read:
AB216,3,2321 632.895 (17) (e) An insurer that issues a group disability insurance policy to
22any of the following is not required to provide the coverage under par. (b) under that
AB216,3,2524 1. A religious employer that is organized and operates as a nonprofit entity as
25described in 26 USC 6033 (a) (3) (A) (i) or (iii).
12. A religious organization or religious institution of higher education that
2meets all of the following criteria:
AB216,4,43 a. The organization or institution opposes providing coverage for some or all
4contraceptive services on account of religious objections.
AB216,4,65 b. The organization or institution is organized and operates as a nonprofit
AB216,4,87 c. The organization or institution holds itself out as a religious organization or
AB216,4,129 d. The organization or institution certifies in writing, signed by an authorized
10representative, that it meets the criteria in subd. 2. a. to c. and maintains that
11certification in its records for the plan year for which it seeks an exemption from the
12coverage under par. (b).
AB216,9 13Section 9. Initial applicability.
AB216,4,1714 (1) The treatment of sections 40.02 (1) and (1d), 40.03 (6) (a), (b), and (k), and
1540.56 of the statutes first applies to contracts for group health insurance plans that
16are entered into, extended, modified, or renewed on the effective date of this
AB216,4,1818 (End)