SB762,56,54
632.87
(3) (a) 1. Prohibit the application of deductibles or coinsurance
5provisions to chiropractic
, spinal medicine, and physician charges on an equal basis.
SB762,105
6Section
105. 632.87 (3) (a) 2. of the statutes is amended to read:
SB762,56,107
632.87
(3) (a) 2. Prohibit the application of cost containment or quality
8assurance measures to chiropractic
or spinal medicine services in a manner that is
9consistent with cost containment or quality assurance measures generally
10applicable to physician services and that is consistent with this section.
SB762,106
11Section
106. 632.87 (3) (b) (intro.) of the statutes is amended to read:
SB762,56,1512
632.87
(3) (b) (intro.) No insurer, under a policy, plan or contract covering
13diagnosis and treatment of a condition or complaint by a licensed chiropractor
or
14licensed primary spinal care practitioner within the scope of
the chiropractor's his
15or her professional license, may do any of the following:
SB762,107
16Section
107. 632.87 (3) (b) 1. of the statutes is amended to read:
SB762,56,2217
632.87
(3) (b) 1. Restrict or terminate coverage for the treatment of a condition
18or a complaint by a licensed chiropractor
or licensed primary spinal care practitioner 19within the scope of
the chiropractor's his or her professional license on the basis of
20other than an examination or evaluation by or a recommendation of a licensed
21chiropractor
or licensed primary spinal care practitioner or a peer review committee
22that includes a licensed chiropractor
or licensed primary spinal care practitioner.
SB762,108
23Section
108. 632.87 (3) (b) 2. of the statutes is amended to read:
SB762,56,2524
632.87
(3) (b) 2. Refuse to provide coverage to an individual because that
25individual has been treated by a chiropractor
or primary spinal care practitioner.
SB762,109
1Section
109. 632.87 (3) (b) 3. of the statutes is amended to read:
SB762,57,42
632.87
(3) (b) 3. Establish underwriting standards that are more restrictive for
3chiropractic
or spinal medicine care than for care provided by other health care
4providers.
SB762,110
5Section
110. 632.87 (3) (b) 4. of the statutes is amended to read:
SB762,57,86
632.87
(3) (b) 4. Exclude or restrict health care coverage of a health condition
7solely because the condition may be treated by a chiropractor
or primary spinal care
8practitioner.
SB762,111
9Section
111. 632.875 (1) (b) of the statutes is amended to read:
SB762,57,1210
632.875
(1) (b) "Independent evaluation" means an examination or evaluation
11by or recommendation of a chiropractor
or licensed primary spinal care practitioner 12or a peer review committee under s. 632.87 (3) (b) 1.
SB762,112
13Section
112. 632.875 (1) (bm) of the statutes is created to read:
SB762,57,1514
632.875
(1) (bm) "Licensed primary spinal care practitioner" means a person
15licensed under s. 448.9725.
SB762,113
16Section
113. 632.875 (1) (c) of the statutes is amended to read:
SB762,57,1817
632.875
(1) (c) "Patient" means a person whose treatment by a chiropractor
or
18licensed primary spinal care practitioner is the subject of an independent evaluation.
SB762,114
19Section
114. 632.875 (1) (dm) of the statutes is created to read:
SB762,57,2220
632.875
(1) (dm) "Treating primary spinal care practitioner" means a licensed
21primary spinal care practitioner who is treating a patient and whose treatment of the
22patient is the subject of an independent evaluation.
SB762,115
23Section
115. 632.875 (2) (intro.) of the statutes is amended to read:
SB762,58,624
632.875
(2) (intro.) If, on the basis of an independent evaluation, an insurer
25restricts or terminates a patient's coverage for the treatment of a condition or
1complaint by a chiropractor
or licensed primary spinal care practitioner acting
2within the scope of his or her license and the restriction or termination of coverage
3results in the patient becoming liable for payment for his or her treatment, the
4insurer shall, within the time required under s. 628.46 (2m), provide to the patient
5and to the treating chiropractor
or licensed primary spinal care practitioner a
6written statement that contains all of the following:
SB762,116
7Section
116. 632.875 (2) (b) of the statutes is amended to read:
SB762,58,98
632.875
(2) (b) The name of the treating chiropractor
or treating primary spinal
9care practitioner.
SB762,117
10Section
117. 632.875 (3) (a) of the statutes is amended to read:
SB762,58,1511
632.875
(3) (a) In this subsection, "claim" means a patient's claim for coverage,
12under a policy, plan or contract covering diagnosis and treatment of a condition or
13complaint by a licensed chiropractor
or licensed primary spinal care practitioner 14within the scope of
the chiropractor's his or her professional license, the restriction
15or termination of which coverage is the subject of an independent evaluation.
SB762,118
16Section
118. 632.875 (3) (b) of the statutes is amended to read:
SB762,58,2017
632.875
(3) (b) A chiropractor
or licensed primary spinal care practitioner who
18conducts an independent evaluation may not be compensated by an insurer based
19on a percentage of the dollar amount by which a claim is reduced as a result of the
20independent evaluation.
SB762,119
21Section
119. 632.99 of the statutes is amended to read:
SB762,59,7
22632.99 Certifications of disability. For the purpose of insurance policies
23that they issue, every insurer doing a health or disability insurance business in this
24state shall afford equal weight to a certification of disability signed by a physician
25with respect to matters within the scope of the physician's professional license, to a
1certification of disability signed by a chiropractor with respect to matters within the
2scope of the chiropractor's professional license,
and to a certification of disability
3signed by a podiatrist with respect to matters within the scope of the podiatrist's
4professional license
, and to a certification of a disability signed by a primary spinal
5care practitioner with respect to matters within the scope of the primary spinal care
6practitioner's professional license. This section does not require an insurer to treat
7any certification of disability as conclusive evidence of disability.
SB762,120
8Section
120. 655.45 (1) of the statutes is amended to read:
SB762,59,149
655.45
(1) For the quarter beginning on July 1, 1986, and for each quarter
10thereafter, the director of state courts shall file reports complying with sub. (2) with
11the medical examining board, the physical therapy examining board, the podiatry
12affiliated credentialing board,
the spinal medicine affiliated credentialing board, the
13board of nursing and the department, respectively, regarding health care providers
14licensed by the respective bodies.
SB762,121
15Section
121. 895.453 (title) of the statutes is amended to read:
SB762,59,17
16895.453 (title)
Payments of chiropractic
and spinal medicine services
17from attorney contingency fees.
SB762,122
18Section
122. 895.453 (1) (am) of the statutes is created to read:
SB762,59,2019
895.453
(1) (am) "Primary spinal care practitioner" means a person licensed
20under s. 448.9725.
SB762,123
21Section
123. 895.453 (1) (cm) of the statutes is created to read:
SB762,59,2222
895.453
(1) (cm) "Spinal medicine" has the meaning given in s. 448.971 (5).
SB762,124
23Section
124. 895.453 (2) (intro.) of the statutes is amended to read:
SB762,60,224
895.453
(2) (intro.) Notwithstanding s. 803.03, if all of the following conditions
25exist, fees for chiropractic
or spinal medicine services provided to an injured person
1shall be paid out of the amount of fees due to his or her attorney under the
2contingency fee arrangement made between the person and the attorney:
SB762,125
3Section
125. 895.453 (2) (b) of the statutes is amended to read:
SB762,60,54
895.453
(2) (b) The services were provided by a chiropractor
or primary spinal
5care practitioner because of the injuries arising from the motor vehicle accident.
SB762,126
6Section
126. 895.453 (2) (e) of the statutes is amended to read:
SB762,60,107
895.453
(2) (e) Prior to the person's acceptance of the settlement agreement,
8the chiropractor
or primary spinal care practitioner has not been paid for his or her
9services and has provided written notification to the person's attorney of the services
10that were provided to the person.
SB762,127
11Section
127. 895.453 (3) of the statutes is amended to read:
SB762,60,1812
895.453
(3) Except as provided in sub. (4), if the conditions under sub. (2) are
13met, the distribution of the amount due under the contingency fee arrangement shall
14be allocated on a pro rata basis between the person's attorney and each chiropractor
15and primary spinal care practitioner who provided services, based on the percentage
16obtained by comparing the outstanding fees owed to the attorney and each
17chiropractor
and primary spinal care practitioner to the aggregate outstanding
18attorney
and, chiropractic
, and spinal medicine fees.
SB762,128
19Section
128. 895.453 (4) (a) of the statutes is amended to read:
SB762,60,2220
895.453
(4) (a) The chiropractor
or primary spinal care practitioner is eligible
21for payment for the services provided to the person under any health insurance
22contract or self-insured health plan.
SB762,129
23Section
129. 895.453 (4) (b) of the statutes is amended to read:
SB762,61,3
1895.453
(4) (b) The chiropractor
or primary spinal care practitioner is eligible
2for payment for the services provided to the person under any governmental health
3plan or program, including Medicaid or Medicare.
SB762,130
4Section
130. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
SB762,61,155
895.48
(1m) (a) (intro.) Except as provided in par. (b), any physician, physician
6assistant, podiatrist,
primary spinal care practitioner, or athletic trainer licensed
7under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447,
8emergency medical technician licensed under s. 256.15, first responder certified
9under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist
10or bodywork therapist licensed under ch. 460 who renders voluntary health care to
11a participant in an athletic event or contest sponsored by a nonprofit corporation, as
12defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal
13school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b),
14or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her
15acts or omissions in rendering that care if all of the following conditions exist:
SB762,131
16Section
131. 895.48 (1m) (a) 2. of the statutes is amended to read:
SB762,61,2117
895.48
(1m) (a) 2. The physician, podiatrist,
primary spinal care practitioner, 18athletic trainer, chiropractor, dentist, emergency medical technician, first responder,
19physician assistant, registered nurse, massage therapist or bodywork therapist does
20not receive compensation for the health care, other than reimbursement for
21expenses.
SB762,132
22Section
132. 905.04 (title) of the statutes is amended to read:
SB762,62,2
23905.04 (title)
Physician-patient, registered nurse-patient,
24chiropractor-patient, psychologist-patient, social worker-patient,
1marriage and family therapist-patient, podiatrist-patient, primary spinal
2care practitioner-patient, and professional counselor-patient privilege.
SB762,133
3Section
133. 905.04 (1) (b) of the statutes is amended to read:
SB762,62,114
905.04
(1) (b) A communication or information is "confidential" if not intended
5to be disclosed to 3rd persons other than those present to further the interest of the
6patient in the consultation, examination, or interview, to persons reasonably
7necessary for the transmission of the communication or information, or to persons
8who are participating in the diagnosis and treatment under the direction of the
9physician, podiatrist,
primary spinal care practitioner, registered nurse,
10chiropractor, psychologist, social worker, marriage and family therapist or
11professional counselor, including the members of the patient's family.
SB762,134
12Section
134. 905.04 (1) (bd) of the statutes is created to read:
SB762,62,1513
905.04
(1) (bd) "Primary spinal care practitioner" means a person licensed
14under s. 448.9725 or a person reasonably believed by the patient to be a primary
15spinal care practitioner.
SB762,135
16Section
135. 905.04 (1) (c) of the statutes is amended to read:
SB762,62,2017
905.04
(1) (c) "Patient" means an individual, couple, family or group of
18individuals who consults with or is examined or interviewed by a physician,
19podiatrist,
primary spinal care practitioner, registered nurse, chiropractor,
20psychologist, social worker, marriage and family therapist or professional counselor.
SB762,136
21Section
136. 905.04 (2) of the statutes is amended to read:
SB762,63,822
905.04
(2) General rule of privilege. A patient has a privilege to refuse to
23disclose and to prevent any other person from disclosing confidential
24communications made or information obtained or disseminated for purposes of
25diagnosis or treatment of the patient's physical, mental or emotional condition,
1among the patient, the patient's physician, the patient's podiatrist,
the patient's
2primary spinal care practitioner, the patient's registered nurse, the patient's
3chiropractor, the patient's psychologist, the patient's social worker, the patient's
4marriage and family therapist, the patient's professional counselor or persons,
5including members of the patient's family, who are participating in the diagnosis or
6treatment under the direction of the physician, podiatrist,
primary spinal care
7practitioner, registered nurse, chiropractor, psychologist, social worker, marriage
8and family therapist or professional counselor.
SB762,137
9Section
137. 905.04 (3) of the statutes is amended to read:
SB762,63,1610
905.04
(3) Who may claim the privilege. The privilege may be claimed by the
11patient, by the patient's guardian or conservator, or by the personal representative
12of a deceased patient. The person who was the physician, podiatrist,
primary spinal
13care practitioner, registered nurse, chiropractor, psychologist, social worker,
14marriage and family therapist or professional counselor may claim the privilege but
15only on behalf of the patient. The authority so to do is presumed in the absence of
16evidence to the contrary.
SB762,138
17Section
138. 905.04 (4) (a) of the statutes is amended to read:
SB762,64,518
905.04
(4) (a)
Proceedings for commitment, guardianship, protective services,
19or protective placement or for control, care, or treatment of a sexually violent person. 20There is no privilege under this rule as to communications and information relevant
21to an issue in probable cause or final proceedings to commit the patient for mental
22illness under s. 51.20, to appoint a guardian in this state, for court-ordered
23protective services or protective placement, for review of guardianship, protective
24services, or protective placement orders, or for control, care, or treatment of a
25sexually violent person under ch. 980, if the physician, registered nurse,
primary
1spinal care practitioner, chiropractor, psychologist, social worker, marriage and
2family therapist, or professional counselor in the course of diagnosis or treatment
3has determined that the patient is in need of commitment, guardianship, protective
4services, or protective placement or control, care, and treatment as a sexually violent
5person.
SB762,139
6Section
139. 905.04 (4) (e) 3. of the statutes is amended to read:
SB762,64,147
905.04
(4) (e) 3. There is no privilege in situations where the examination of
8the expectant mother of an abused unborn child creates a reasonable ground for an
9opinion of the physician, registered nurse,
primary spinal care practitioner, 10chiropractor, psychologist, social worker, marriage and family therapist or
11professional counselor that the physical injury inflicted on the unborn child was
12caused by the habitual lack of self-control of the expectant mother of the unborn
13child in the use of alcohol beverages, controlled substances or controlled substance
14analogs, exhibited to a severe degree.
SB762,140
15Section
140. 949.01 (4) of the statutes is amended to read:
SB762,64,2116
949.01
(4) "Medical treatment" includes medical, surgical, dental, optometric,
17chiropractic, podiatric
, spinal medicine, as defined in s. 448.971 (5), and hospital
18care; medicines; medical, dental and surgical supplies; crutches; artificial members;
19appliances and training in the use of artificial members and appliances. "Medical
20treatment" includes any Christian Science treatment for cure or relief from the
21effects of injury.
SB762,141
22Section
141. 949.04 (3) of the statutes is amended to read:
SB762,65,423
949.04
(3) Medical and dental records. The applicant shall submit to the
24department reports from all physicians, osteopaths, dentists, optometrists,
25chiropractors
or, podiatrists
, or primary spinal care practitioners who treated or
1examined the victim at the time of or subsequent to the victim's injury or death. The
2department may also order such other examinations and reports of the victim's
3previous medical and dental history, injury or death as it believes would be of
4material aid in its determination.
SB762,142
5Section
142. 961.01 (19) (a) of the statutes is amended to read:
SB762,65,116
961.01
(19) (a) A physician, advanced practice nurse, dentist, veterinarian,
7podiatrist,
primary spinal care practitioner, optometrist, scientific investigator or,
8subject to s. 448.21 (3), a physician assistant, or other person licensed, registered,
9certified or otherwise permitted to distribute, dispense, conduct research with
10respect to, administer or use in teaching or chemical analysis a controlled substance
11in the course of professional practice or research in this state.
SB762,143
12Section
143.
Nonstatutory provisions.
SB762,65,2013
(1)
Board; staggering of terms. Notwithstanding the length of terms specified
14for the members of the spinal medicine affiliated credentialing board under section
1515.406 (7) of the statutes, as created by this act, one of the initial members shall be
16appointed for a term expiring on July 1, 2017; one of the initial members shall be
17appointed for a term expiring on July 1, 2018; one of the initial members shall be
18appointed for a term expiring on July 1, 2019; one of the initial members shall be
19appointed for a term expiring on July 1, 2020; and the remaining initial member
20shall be appointed for a term expiring on July 1, 2021.
SB762,66,221
(2)
Board; credentials of initial members. Notwithstanding section 15.406 (7)
22(a) of the statutes, as created by this act, the initial members appointed to the spinal
23medicine affiliated credentialing board under section 15.406 (7) (a) of the statutes,
24as created by this act, need not be licensed under subchapter VIII of chapter 448 of
1the statutes, as created by this act, but shall be chiropractors licensed under chapter
2446 of the statutes.