AB711,69
3Section
69. 102.65 (4) (intro.) of the statutes is amended to read:
AB711,46,154
102.65
(4) (intro.) The secretary shall monitor the cash balance in, and incurred
5losses to, the work injury supplemental benefit fund using generally accepted
6actuarial principles. If the secretary determines that the expected ultimate losses
7to the work injury supplemental benefit fund on known claims exceed 85 percent of
8the cash balance in that fund, the secretary shall consult with the council on worker's
9compensation. If the secretary, after consulting with the council on worker's
10compensation, determines that there is a reasonable likelihood that the cash balance
11in the work injury supplemental benefit fund may become inadequate to fund all
12claims under ss.
102.44 (1) (c), 102.49, 102.59, and 102.66, the secretary shall file
13with the secretary of administration a certificate attesting that the cash balance in
14that fund is likely to become inadequate to fund all claims under ss.
102.44 (1) (c), 15102.49, 102.59, and 102.66 and specifying one of the following:
AB711,70
16Section
70. 102.75 (1) of the statutes is amended to read:
AB711,47,617
102.75
(1) The department shall assess upon and collect from each licensed
18worker's compensation insurance carrier and from each employer exempted under
19s. 102.28 (2)
by special order or by rule, (b) or (bm) from the duty to carry insurance
20under s. 102.28 (2) (a) the proportion of total costs and expenses incurred by the
21council on worker's compensation for travel and research and by the department and
22the commission in the administration of this chapter for the current fiscal year
, plus
23any deficiencies in collections and anticipated costs from the previous fiscal year,
24that the total indemnity paid or payable under this chapter by each such carrier and
25exempt employer in worker's compensation cases initially closed during the
1preceding calendar year, other than for increased, double
, or treble compensation
, 2bore to the total indemnity paid in cases closed the previous calendar year under this
3chapter by all carriers and exempt employers
, other than for increased, double
, or
4treble compensation. The council on worker's compensation and the commission
5shall annually certify any costs and expenses for worker's compensation activities
6to the department at such time as the secretary requires.
AB711,71
7Section
71. 102.75 (1g) of the statutes is created to read:
AB711,47,178
102.75
(1g) The department shall collect from each licensed worker's
9compensation carrier the proportion of reimbursement approved by the department
10under s. 102.44 (1) (c) 1. for supplemental benefits paid in the year before the
11previous year that the total indemnity paid or payable under this chapter by the
12carrier in worker's compensation cases initially closed during the preceding calendar
13year, other than for increased, double, or treble compensation, bore to the total
14indemnity paid in cases closed the previous calendar year under this chapter by all
15carriers, other than for increased, double, or treble compensation. This subsection
16does not apply to claims for reimbursement under s. 102.44 (1) (c) 1. for supplemental
17benefits paid for injuries that occur on or after July 1, 2015.
AB711,47,2420
102.75
(1m) The moneys collected under
sub. subs. (1)
and (1g) and under ss.
21102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a
22separate nonlapsible fund designated as the worker's compensation operations fund.
23Moneys in the fund may be expended only as provided in s. 20.445 (1) (ra), (rb), and
24(rp) and (2) (ra) and may not be used for any other purpose of the state.
AB711,73
25Section
73. 102.75 (2) of the statutes is amended to read:
AB711,48,13
1102.75
(2) The department shall require
that payments for costs and expenses
2for each fiscal year shall be made on such dates as the department prescribes by each
3licensed worker's compensation insurance carrier and employer exempted under s.
4102.28 (2)
(b) or (bm) from the duty to insure under s. 102.28 (2) (a) to make the
5payments required under sub. (1) for each fiscal year on such dates as the
6department prescribes. The department shall also require each licensed worker's
7compensation insurance carrier to make the payments required under sub. (1g) for
8each fiscal year on those dates. Each such payment shall be a sum equal to a
9proportionate share of the annual costs and expenses assessed upon each carrier and
10employer as estimated by the department. Interest shall accrue on amounts not paid
11within 30 days after the date prescribed by the department under this subsection at
12the rate of 1 percent per month. All interest payments received under this subsection
13shall be deposited in the fund established under s. 102.65.
AB711,74
14Section
74. 102.75 (4) of the statutes is amended to read:
AB711,48,1915
102.75
(4) From the appropriation under s. 20.445 (1) (ra), the department
16shall allocate the amounts that it collects in application fees from employers
17applying for exemption under s. 102.28 (2)
(b) and the annual amount that it collects
18from employers that have been exempted under s. 102.28 (2)
(b) to fund the activities
19of the department under s. 102.28 (2) (b) and (c)
with respect to those employers.
AB711,75
20Section
75. 102.80 (1) (f) of the statutes is created to read:
AB711,48,2221
102.80
(1) (f) Amounts transferred to the uninsured employers fund from the
22appropriation under s. 20.445 (1) (ra) as provided in s. 102.81 (1) (c).
AB711,76
23Section
76. 102.81 (1) (a) of the statutes is amended to read:
AB711,49,524
102.81
(1) (a) If an employee of an uninsured employer, other than an employee
25who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for
1which the uninsured employer is liable under s. 102.03, the department or the
2department's reinsurer shall pay to or on behalf of the injured employee or to the
3employee's dependents an amount equal to the compensation owed them by the
4uninsured employer under this chapter except penalties and interest due under ss.
5102.16 (3), 102.18 (1) (b)
3. and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60.
AB711,77
6Section
77. 102.81 (1) (c) of the statutes is created to read:
AB711,49,137
102.81
(1) (c) 1. The department shall pay a claim under par. (a) in excess of
8$1,000,000 from the uninsured employers fund in the first instance. If the claim is
9not covered by excess or stop-loss reinsurance under sub. (2), the secretary of
10administration shall transfer from the appropriation account under s. 20.445 (1) (ra)
11to the uninsured employers fund as provided in subds. 2. and 3. an amount equal to
12the amount by which payments from the uninsured employers fund on the claim are
13in excess of $1,000,000.
AB711,49,2014
2. Each calendar year the department shall file with the secretary of
15administration a certificate setting forth the number of claims in excess of
16$1,000,000 in the preceding year paid from the uninsured employers fund, the
17payments made from the uninsured employers fund on each such claim in the
18preceding year, and the total payments made from the uninsured employers fund on
19all such claims and, based on that information, the secretary of administration shall
20determine the amount to be transferred under subd. 1. in that calendar year.
AB711,50,321
3. The maximum amount that the secretary of administration may transfer
22under subd. 1. in a calendar year is $500,000. If the amount determined under subd.
232. is $500,000 or less, the secretary of administration shall transfer the amount
24determined under subd. 2. If the amount determined under subd. 2. exceeds
25$500,000, the secretary of administration shall transfer $500,000 in the calendar
1year in which the determination is made and, subject to the maximum transfer
2amount of $500,000 per calendar year, shall transfer that excess in the next calendar
3year or in subsequent calendar years until that excess is transferred in full.
AB711,78
4Section
78. 108.10 (4) of the statutes is amended to read:
AB711,50,135
108.10
(4) The department or the employing unit may commence action for the
6judicial review of a commission decision under this section, provided the department,
7or the employing unit, after exhausting the remedies provided under this section, has
8commenced such action within 30 days after such decision was mailed to the
9employing unit's last-known address. The scope of judicial review, and the manner
10thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). In
11an action commenced by an employing unit under this section, the department shall
12be
an adverse party a defendant under s. 102.23 (1) (a) and shall be named as a
party 13defendant in the
summons and complaint commencing the action.
AB711,79
14Section
79. 165.60 of the statutes is amended to read:
AB711,50,25
15165.60 Law enforcement. The department of justice is authorized to enforce
16ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30, 944.31, 944.33, 944.34, 945.02
17(2), 945.03 (1m), and 945.04 (1m) and ch. 108 and, with respect to a false statement
18submitted or made under s. 175.60 (7) (b) or (15) (b) 2. or as described under s. 175.60
19(17) (c), to enforce s. 946.32
, is authorized to assist the department of workforce
20development in the investigation and prosecution of suspected fraudulent activity
21related to worker's compensation as provided in s. 102.125, and is invested with the
22powers conferred by law upon sheriffs and municipal police officers in the
23performance of those duties. This section does not deprive or relieve sheriffs,
24constables, and other local police officers of the power and duty to enforce those
25sections, and those officers shall likewise enforce those sections.
AB711,80
1Section
80.
Nonstatutory provisions.
AB711,51,62
(1)
Fraud investigation and prosecution; department of justice position
3authorization. The authorized FTE positions for the department of justice are
4increased by 1.0 PR-S position, to be funded from the appropriation under section
520.455 (2) (k) of the statutes, for the purpose of investigating and prosecuting
6fraudulent activity related to worker's compensation.
AB711,51,117
(2)
Medical expert; department of workforce development position
8authorization. The authorized FTE positions for the department of workforce
9development are increased by 1.0 SEG position, to be funded from the appropriation
10under s. 20.445 (1) (ra) of the statutes, for the purpose of providing a medical expert
11to assist in the administration of the worker's compensation program.
AB711,51,2112
(3)
Study of treatment outcomes. The secretary of workforce development
13shall create a committee under section 15.04 (1) (c) of the statutes to review and
14evaluate the outcomes of treatment provided to injured employees by health care
15providers under the worker's compensation program. The committee shall include
16representatives of employers, employees, health care providers, worker's
17compensation insurers authorized to do business in this state, and the department
18of workforce development. Upon completion of the study, the committee shall report
19its findings, conclusions, and recommendations to the department of workforce
20development and the council on worker's compensation, after which the committee
21shall terminate its activities and cease to exist.
AB711,52,923
(1)
Transfer to uninsured employers fund. In the schedule under section
2420.005 (3) of the statutes for the appropriation to the department of workforce
25development under section 20.445 (1) (ra) of the statutes, as affected by the acts of
12013, the dollar amount is increased by $500,000 for the first fiscal year of the fiscal
2biennium in which this subsection takes effect to provide funding for transfer to the
3uninsured employers fund in reimbursement of claims paid from that fund in excess
4of $1,000,000 in 2013. In the schedule under section 20.005 (3) of the statutes for the
5appropriation to the department of workforce development under section 20.445 (1)
6(ra) of the statutes, as affected by the acts of 2013, the dollar amount is increased by
7$500,000 for the second fiscal year of the fiscal biennium in which this subsection
8takes effect to provide funding for transfer to the uninsured employers fund in
9reimbursement of claims paid from that fund in excess of $1,000,000 in 2014.
AB711,52,1710
(2)
Indexing of permanent partial disability payments; information
11technology. In the schedule under section 20.005 (3) of the statutes for the
12appropriation to the department of workforce development under section 20.445 (1)
13(ra) of the statutes, as affected by the acts of 2013, the dollar amount is increased by
14$160,000 for the second fiscal year of the fiscal biennium in which this subsection
15takes effect for the purpose of updating the department's information technology
16system to enable that system to monitor the payment of permanent partial disability
17benefits under section 102.44 (4m) of the statutes, as created by this act.
AB711,82
18Section
82
.
Initial applicability.
AB711,52,2219
(1)
Transfer to uninsured employers fund. The treatment of sections 20.445
20(1) (ra) (with respect to the transfer of moneys to the uninsured employers fund) and
21102.81 (1) (c) of the statutes first applies to claims paid from the uninsured employers
22fund in 2013.
AB711,52,2523
(2)
Fee disputes. The treatment of section 102.16 (2) (d) of the statutes first
24applies to a fee dispute submitted to the department of workforce development on the
25effective date of this subsection.
AB711,53,4
1(3)
Reimbursement of supplemental benefits paid. The renumbering and
2amendment of section 102.44 (1) (c) of the statutes and the creation of section 102.44
3(1) (c) 2. and 3. of the statutes first apply to supplemental benefits paid under section
4102.44 (1) (ag) of the statutes on the effective date of this subsection.
AB711,53,75
(4)
Continuation of health care coverage. The treatment of section 102.445
6of the statutes first applies to injuries occurring on the effective date of this
7subsection.
AB711,53,118
(5)
Judicial review of worker's compensation decisions. The treatment of
9sections 102.23 (1) (a), (c), and (cm) and 108.10 (4) of the statutes first applies to an
10action for the review of an order or award of the labor and industry review
11commission commenced in circuit court on the effective date of this subsection.
AB711,53,1512
(6)
Administrative review of worker's compensation decisions. The treatment
13of section 102.18 (3) and (4) (b) of the statutes first applies to a petition for the review
14of a decision of a department of workforce development hearing examiner filed with
15the labor and industry review commission on the effective date of this subsection.
AB711,83
16Section
83.
Effective dates. This act takes effect on the day after publication,
17except as follows:
AB711,53,2018
(1)
Judicial review of worker's compensation decisions. The treatment of
19sections 102.23 (1) (a), (c), and (cm) and 108.10 (4) of the statutes and
Section 82 (5)
20of this act take effect on July 1, 2014.
AB711,53,2321
(2)
Administrative review of worker's compensation decisions. The treatment
22of section 102.18 (3) and (4) (b) of the statutes and
Section 82 (6) of this act take effect
23on January 1, 2015.
AB711,53,2524
(3)
Continuation of health care coverage. The treatment of section 102.445
25of the statutes and
Section 82 (4) take effect on July 1, 2015.
AB711,54,2
1(4)
Reimbursement of supplemental benefits. The treatment of section 102.44
2(1) (ag) of the statutes (by
Section 57
) takes effect on July 1, 2015.