2017 - 2018 LEGISLATURE
March 7, 2017 - Introduced by Representatives Jacque, Tusler, Brandtjen,
Allen, E. Brooks, R. Brooks, Duchow, Edming, Horlacher, Hutton,
Kleefisch, Kremer, Kulp, Loudenbeck, Murphy, Petersen, Petryk, Quinn,
Sanfelippo, Schraa, Skowronski, Steffen, Thiesfeldt, Tittl and Wichgers,
cosponsored by Senators Craig, Kapenga, Lasee, Marklein, Nass, Stroebel,
Vukmir and Wanggaard. Referred to Committee on Health.
AB128,1,4 1An Act to renumber 40.02 (1); to amend 40.03 (6) (a) and 40.03 (6) (b); and to
40.02 (1d), 40.03 (6) (m) and 40.56 of the statutes; relating to:
3prohibiting the group insurance board from contracting for or providing
4abortion services.
Analysis by the Legislative Reference Bureau
Under current law, the Group Insurance Board offers health insurance
coverage to 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. 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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB128,1 5Section 1. 40.02 (1) of the statutes is renumbered 40.02 (1m).
AB128,2 6Section 2. 40.02 (1d) of the statutes is created to read:
AB128,1,77 40.02 (1d) “Abortion" has the meaning given in s. 253.10 (2) (a).
1Section 3. 40.03 (6) (a) of the statutes is amended to read:
AB128,2,52 40.03 (6) (a) 1. Shall Except as provided in par. (m), shall, on behalf of the state,
3enter into a contract or contracts with one or more insurers authorized to transact
4insurance business in this state for the purpose of providing the group insurance
5plans provided for by this chapter; or
AB128,2,116 2. May Except as provided in par. (m), may, wholly or partially in lieu of subd.
71., on behalf of the state, provide any group insurance plan on a self-insured basis
8in which case the group insurance board shall approve a written description setting
9forth the terms and conditions of the plan, and may contract directly with providers
10of hospital, medical or ancillary services to provide insured employees with the
11benefits provided under this chapter.
AB128,4 12Section 4. 40.03 (6) (b) of the statutes is amended to read:
AB128,2,1913 40.03 (6) (b) May Except as provided in par. (m), may provide other group
14insurance plans for employees and their dependents and for annuitants and their
15dependents in addition to the group insurance plans specifically provided under this
16chapter. The terms of the group insurance under this paragraph shall be determined
17by contract, and shall provide that the employer is not liable for any obligations
18accruing from the operation of any group insurance plan under this paragraph
19except as agreed to by the employer.
AB128,5 20Section 5. 40.03 (6) (m) of the statutes is created to read:
AB128,2,2421 40.03 (6) (m) May not enter into, extend, modify, or renew any contract for a
22group insurance plan or provide a group insurance plan or other benefit on a
23self-insured basis that provides coverage or services for an abortion, the
24performance of which is ineligible for funding under s. 20.927.
AB128,6 25Section 6. 40.56 of the statutes is created to read:
140.56 Abortion coverage prohibited. No abortion coverage or services, the
2performance of which is ineligible for funding under s. 20.927, may be provided in
3a health insurance plan or health care coverage plan offered under this subchapter.
AB128,7 4Section 7. Initial applicability.
AB128,3,85 (1) The treatment of sections 40.02 (1) and (1d), 40.03 (6) (a), (b), and (m), and
640.56 of the statutes first applies to contracts for group health insurance plans that
7are entered into, extended, modified, or renewed on the effective date of this
AB128,3,99 (End)