AB420: Bill Text

AB420,42,10 646.51 (4) (a) Subject to pars. (b) and (d), the total of all assessments for an amount authorized by the board under this section with respect to an insurer may not, in one calendar year, exceed 2 percent of the insurer's assessable premiums under sub. (3) (am), (ar), or (b) on the types of policies and contracts that are covered by the account.

AB420,73 Section 73. 646.51 (9) (a) of the statutes is amended to read:

AB420,42,16 646.51 (9) (a) Except as provided in par. (b), if an insurer's license or certificate of authority to do business in this state terminates or , expires, or is surrendered, the insurer's obligation to pay assessments under this section ceases beginning on the day after the insurer's license or certificate of authority terminates or, expires, or is surrendered.

AB420,74 Section 74. 646.51 (9) (b) of the statutes is amended to read:

AB420,42,20 646.51 (9) (b) An insurer whose license or certificate of authority to do business in this state terminates or, expires , or is surrendered remains liable after the termination or, expiration, or surrender to pay all of the following:

AB420,42,22 1. Assessments authorized or called before the insurer's license or certificate of authority terminated or, expired, or was surrendered.

AB420,43,2 2. Assessments authorized or called after the insurer's license or certificate of authority terminated or, expired, or was surrendered that relate to a liquidation order entered before the insurer's license or certificate of authority terminated or, expired, or was surrendered.

AB420,75 Section 75. 646.51 (10) of the statutes is created to read:

AB420,43,7 646.51 (10) Assessment of converting insurers. When an insurer converts to a different type of entity or license and the effect of the conversion is to subject the insurer to the liabilities of a different account or accounts of the fund, the converting insurer's obligation to pay assessments is as follows:

AB420,43,12 (a) Assessments authorized prior to or during the year of conversion. For assessments authorized by the board prior to or during the year in which the insurer's conversion to a different type of entity or license is effective, the insurer is liable for assessments to cover the obligations of the account or accounts to which it was subject prior to conversion.

AB420,43,16 (b) Assessments authorized after the year of conversion. For assessments authorized by the board after the year in which the insurer's conversion to a different type of entity or license is effective, the insurer is liable for assessments to cover the obligations of the account or accounts to which it is subject after conversion.

AB420,76 Section 76. 655.27 (3) (b) 1. of the statutes is amended to read:

AB420,43,24 655.27 (3) (b) 1. The commissioner, after approval by the board of governors, shall by rule set the fees under par. (a). The rule shall provide that fees may be paid annually or in semiannual or quarterly installments. In addition to the prorated portion of the annual fee, semiannual and quarterly installments shall include an amount sufficient to cover interest not earned and administrative costs incurred because the fees were not paid on an annual basis. This paragraph does not impose liability on the board of governors for payment of any part of a fund deficit.

AB420,77 Section 77. 655.27 (3) (b) 2. of the statutes is amended to read:

AB420,44,4 655.27 (3) (b) 2. With respect to fees paid by physicians, the rule commissioner shall provide for not more than 4 payment classifications, based upon the amount of surgery performed and the risk of diagnostic and therapeutic services provided or procedures performed.

AB420,78 Section 78. 655.27 (3) (b) 2m. of the statutes is amended to read:

AB420,44,11 655.27 (3) (b) 2m. In addition to the fees and payment classifications described under subds. 1. and 2., the commissioner, after approval by the board of governors, may by rule establish a separate payment classification for physicians satisfying s. 655.002 (1) (b) and a separate fee for nurse anesthetists satisfying s. 655.002 (1) (b) which take into account the loss experience of health care providers for whom Michigan is a principal place of practice.

AB420,79 Section 79. 655.27 (3) (bg) 1. of the statutes is amended to read:

AB420,44,20 655.27 (3) (bg) 1. Every rule under par. (b) The commissioner shall provide for an automatic increase in a health care provider's fees, except as provided in subd. 2., if the loss and expense experience of the fund and other sources with respect to the health care provider or an employee of the health care provider exceeds either a number of claims paid threshold or a dollar volume of claims paid threshold, both as established in the rule by the commissioner. The rule commissioner shall specify applicable amounts of increase corresponding to the number of claims paid and the dollar volume of awards in excess of the respective thresholds.

AB420,80 Section 80. 655.27 (3) (bg) 2. of the statutes is amended to read:

AB420,45,2 655.27 (3) (bg) 2. The rule commissioner shall provide that the automatic increase does not apply if the board of governors determines that the performance of the injured patients and families compensation fund peer review council in making recommendations under s. 655.275 (5) (a) adequately addresses the consideration set forth in par. (a) 2m.

AB420,81 Section 81. 655.27 (3) (br) (intro.) of the statutes is amended to read:

AB420,45,6 655.27 (3) (br) Limit on fees. (intro.) Every rule The commissioner, in setting fees for a particular fiscal year under par. (b), shall ensure that the fees assessed do not exceed the greatest of the following:

AB420,82 Section 82. 655.27 (3) (bt) of the statutes is created to read:

AB420,45,20 655.27 (3) (bt) Report to joint committee on finance. Annually, no later than April 1, the commissioner shall send to the cochairpersons of the joint committee on finance a report detailing the proposed fees set for the next fiscal year under par. (b) and under s. 655.61 (1). If, within 14 working days after the date that the commissioner submits the report, the cochairpersons of the committee notify the commissioner that the committee has scheduled a meeting for the purpose of reviewing the proposed fees, the commissioner may not impose the fees until the committee approves the report. If the cochairpersons of the committee do not notify the commissioner, the commissioner may impose the proposed fees. In addition to any other method prescribed by rule for advising health care providers of the amount of the fees, the commissioner shall post the fees set under par. (b) for the next fiscal year on the office's Internet site and the director of state courts shall post the fees set under s. 655.61 (1) for the next fiscal year on the mediation fund's Internet site.

AB420,83 Section 83. 655.27 (3) (d) of the statutes is amended to read:

AB420,46,7 655.27 (3) (d) Rule not effective; Late establishment or approval of fees. If the rule establishing fees under par. (b) does not take effect prior to for any particular fiscal year are not established by the commissioner, approved by the board of governors, or approved under par. (bt) by the joint committee on finance before June 2 of any that fiscal year, the commissioner may elect to collect fees as established for the previous fiscal year. If the commissioner so elects and the rule fees for that fiscal year are subsequently takes effect established by the commissioner, approved by the board of governors, or approved under par. (bt) by the joint committee on finance, the balance for the fiscal year shall be collected or refunded or the remaining semiannual or quarterly installment payments shall be adjusted except the commissioner may elect not to collect, refund, or adjust for minimal amounts.

AB420,84 Section 84. 655.27 (3) (e) of the statutes is amended to read:

AB420,46,12 655.27 (3) (e) Podiatrist fees. The commissioner, after approval by the board of governors, may by rule assess fees against podiatrists for the purpose of paying the fund's portion of medical malpractice claims and expenses resulting from claims against podiatrists based on occurrences before July 1, 1986.

AB420,85 Section 85. 655.61 (1) of the statutes is amended to read:

AB420,46,22 655.61 (1) The mediation fund created under s. 655.68 shall be financed from fees charged to health care providers. The director of state courts shall, by February 1 annually, determine the revenues needed for the operation of the mediation system during the succeeding fiscal year and inform the board of governors of that amount. The director of state courts shall also inform the board of governors of the number of requests for mediation involving each type of health care provider set out in s. 655.002 for the most recent fiscal year for which statistics are available. The board of governors shall, by rule, set fees to charge health care providers at a level sufficient to provide the necessary revenue.

AB420,86 Section 86. 655.61 (3) of the statutes is created to read:

AB420,47,6 655.61 (3) If the fees under sub. (1) for any particular fiscal year are not established by the board of governors or approved by the joint committee on finance under s. 655.27 (3) (bt) before June 2 of that fiscal year, the commissioner may elect to collect fees as established for the previous fiscal year. If the commissioner so elects and the fees for that fiscal year are subsequently established by the board of governors or approved by the joint committee on finance under s. 655.27 (3) (bt), the balance for the fiscal year shall be collected or refunded, except that the commissioner may elect not to collect or refund minimal amounts.

AB420,87 Section 87 . Nonstatutory provisions.

AB420,47,13 (1) Operative date of the valuation manual. As soon as possible after the requirements under section 623.06 (9) (b) of the statutes, as created by this act, are met, the office of the commissioner of insurance shall submit to the legislative reference bureau for publication in the Wisconsin Administrative Register a notice specifying the date that is the operative date of the valuation manual, as provided in section 623.06 (9) (b) of the statutes, as created by this act.

AB420,88 Section 88. Effective dates. This act takes effect on the day after publication, except as follows:

AB420,47,18 (1) Operative date of valuation manual. The repeal and recreation of section 623.06 (1) (f) of the statutes takes effect on the date specified in the notice published in the Wisconsin Administrative Register under Section 87 (1 ) of this act.

AB420,47,19 (End)