(5) Rules; report; adjustments. (a) The commissioner shall promulgate rules for the independent review required under this section. The rules shall include at least all of the following:
1. The application procedures for certification and recertification as an independent review organization.
2. The standards that the commissioner will use for certifying and recertifying organizations as independent review organizations, including standards for determining whether an independent review organization is unbiased.
3. Procedures and processes, in addition to those in sub. (3), that independent review organizations must follow.
4. What must be included in the report required under sub. (4) and the frequency with which the report must be filed with the commissioner.
5. Standards for the practices and conduct of independent review organizations.
6. Standards, in addition to those in sub. (6), addressing conflicts of interest by independent review organizations.
(b) The commissioner shall annually submit a report to the legislature under s. 13.172 (2) that specifies the number of independent reviews requested under this section in the preceding year, the insurers and health benefit plans involved in the independent reviews and the dispositions of the independent reviews.
(c) To reflect changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, the commissioner shall at least annually adjust the amounts specified in sub. (1) (a) 4. and (b) 4.
(6) Conflict of interest standards. (a) An independent review organization may not be affiliated with any of the following:
1. A health benefit plan.
2. A national, state or local trade association of health benefit plans, or an affiliate of any such association.
3. A national, state or local trade association of health care providers, or an affiliate of any such association.
(b) An independent review organization appointed to conduct an independent review and a clinical peer reviewer assigned by an independent review organization to conduct an independent review may not have a material professional, familial or financial interest with any of the following:
1. The insurer that issued the health benefit plan that is the subject of the independent review.
2. Any officer, director or management employe of the insurer that issued the health benefit plan that is the subject of the independent review.
3. The health care provider that recommended or provided the health care service or treatment that is the subject of the independent review, or the health care provider's medical group or independent practice association.
4. The facility at which the health care service or treatment that is the subject of the independent review was or would be provided.
5. The developer or manufacturer of the principal procedure, equipment, drug or device that is the subject of the independent review.
6. The insured or his or her authorized representative.
(6m) Qualifications of clinical peer reviewers. A clinical peer reviewer who conducts a review on behalf of a certified independent review organization must satisfy all of the following requirements:
(a) Be a health care provider who is expert in treating the medical condition that is the subject of the review and who is knowledgeable about the treatment that is the subject of the review through current, actual clinical experience.
(b) Hold a credential, as defined in s. 440.01 (2) (a), that is not limited or restricted; or hold a license, certificate, registration or permit that authorizes or qualifies the health care provider to perform acts substantially the same as those acts authorized by a credential, as defined in s. 440.01 (2) (a), that was issued by a governmental authority in a jurisdiction outside this state and that is not limited or restricted.
(c) If a physician, hold a current certification by a recognized American medical specialty board in the area or areas appropriate to the subject of the review.
(d) Have no history of disciplinary sanctions, including loss of staff privileges but excluding temporary suspension of staff privileges due to incomplete records, taken or pending by the medical examining board or another regulatory body or by any hospital or government.
(7) Immunity. (a) A certified independent review organization is immune from any civil or criminal liability that may result because of an independent review determination made under this section. An employe, agent or contractor of a certified independent review organization is immune from civil liability and criminal prosecution for any act or omission done in good faith within the scope of his or her powers and duties under this section.
(b) A health benefit plan that is the subject of an independent review and the insurer that issued the health benefit plan shall not be liable to any person for damages attributable to the insurer's or plan's actions taken in compliance with any decision rendered by a certified independent review organization.
(8) Notice of sufficient independent review organizations. The commissioner shall make a determination that at least one independent review organization has been certified under sub. (4) that is able to effectively provide the independent reviews required under this section and shall publish a notice in the Wisconsin Administrative Register that states a date that is 2 months after the commissioner makes that determination. The date stated in the notice shall be the date on which the independent review procedure under this section begins operating.
(9) Applicability. The independent review required under this section shall be available to an insured who receives notice of the disposition of his or her grievance under s. 632.83 (3) (d) on or after the first day of the 7th month beginning after the effective date of this subsection .... [revisor inserts date]. Notwithstanding sub. (2) (c), an insured who receives notice of the disposition of his or her grievance under s. 632.83 (3) (d) on or after the first day of the 7th month beginning after the effective date of this subsection .... [revisor inserts date], but before the date stated in the notice published by the commissioner in the Wisconsin Administrative Register under sub. (8) .... [revisor inserts date], must request an independent review no later than 4 months after the date stated in the notice published by the commissioner in the Wisconsin Administrative Register under sub. (8) .... [revisor inserts date].
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Nonstatutory provisions.
(1) Rules regarding independent review. The commissioner of insurance shall submit in proposed form the rules required under section 632.835 (5) (a) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.
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Effective dates. This act takes effect on the day after publication, except as follows:
(1) The treatment of sections 609.15 (title), (1) (intro.), (a), (b) and (c) and (2) (intro.), (a), (b), (c), (d) and (e), 609.655 (4) (b) and 632.83 of the statutes takes effect on the first day of the 7th month beginning after publication.
(2) The treatment of section 632.835 (2), (3), (3m) and (5) (b) and (c) of the statutes takes effect on the date stated in the notice published by the commissioner of insurance in the Wisconsin Administrative Register under section 632.835 (8) of the statutes, as created by this act.
