2013 - 2014 LEGISLATURE
May 30, 2013 - Introduced by Senators Grothman,
Lazich, Schultz, Kedzie and
Farrow, cosponsored by Representatives
Jacque, Severson, Bies, Born,
Brooks, Craig, Endsley, Kleefisch, T. Larson, Murphy, Murtha, Nass, A.
Ott, Pridemore, Ripp, Sanfelippo, Schraa, Stone, Stroebel, Thiesfeldt and
Tittl. Referred to Committee on Health and Human Services.
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:
40.02 (1) of the statutes is renumbered 40.02 (1m).
40.02 (1d) of the statutes is created to read:
"Abortion" has the meaning given in s. 253.10 (2) (a).
40.03 (6) (a) of the statutes is amended to read:
(a) 1. Shall Except as provided in par. (k), shall
, on behalf of the state, 6
enter into a contract or contracts with one or more insurers authorized to transact 7
insurance business in this state for the purpose of providing the group insurance 8
plans provided for by this chapter; or
2. May Except as provided in par. (k), may
, wholly or partially in lieu of subd. 10
1., on behalf of the state, provide any group insurance plan on a self-insured basis 11
in which case the group insurance board shall approve a written description setting 12
forth the terms and conditions of the plan, and may contract directly with providers 13
of hospital, medical or ancillary services to provide insured employees with the 14
benefits provided under this chapter.
40.03 (6) (b) of the statutes is amended to read:
(b) May Except as provided in par. (k), may
provide other group 17
insurance plans for employees and their dependents and for annuitants and their 18
dependents in addition to the group insurance plans specifically provided under this
chapter. The terms of the group insurance under this paragraph shall be determined 2
by contract, and shall provide that the employer is not liable for any obligations 3
accruing from the operation of any group insurance plan under this paragraph 4
except as agreed to by the employer.
40.03 (6) (k) of the statutes is created to read:
(k) May not enter into, extend, modify, or renew any contract for a 7
group insurance plan or provide a group insurance plan or other benefit on a 8
self-insured basis that provides coverage or services for an abortion, the 9
performance of which is ineligible for funding under s. 20.927.
40.56 of the statutes is created to read:
1140.56 Abortion coverage prohibited.
No abortion coverage or services, the 12
performance of which is ineligible for funding under s. 20.927, may be provided in 13
a health insurance plan or health care coverage plan offered under this subchapter.
632.895 (17) (b) (intro.) of the statutes is amended to read:
(b) (intro.) Every Except as provided in par. (e), every
insurance policy, and every self-insured health plan of the state or of a county, city, 17
town, village, or school district, that provides coverage of outpatient health care 18
services, preventive treatments and services, or prescription drugs and devices shall 19
provide coverage for all of the following:
632.895 (17) (e) of the statutes is created to read:
(e) An insurer that issues a group disability insurance policy to 22
any of the following is not required to provide the coverage under par. (b) under that 23
1. A religious employer that is organized and operates as a nonprofit entity as 25
described in 26 USC 6033
(a) (3) (A) (i) or (iii).
2. A religious organization or religious institution of higher education that 2
meets all of the following criteria:
a. The organization or institution opposes providing coverage for some or all 4
contraceptive services on account of religious objections.
b. The organization or institution is organized and operates as a nonprofit 6
c. The organization or institution holds itself out as a religious organization or 8
d. The organization or institution certifies in writing, signed by an authorized 10
representative, that it meets the criteria in subd. 2. a. to c. and maintains that 11
certification in its records for the plan year for which it seeks an exemption from the 12
coverage under par. (b).
The treatment of sections 40.02 (1) and (1d), 40.03 (6) (a), (b), and (k), and 15
40.56 of the statutes first applies to contracts for group health insurance plans that 16
are entered into, extended, modified, or renewed on the effective date of this 17