(c) Judicial process for assignment. Any assignor who intends to voluntarily assign part or all of a lottery prize to any individual or organization shall petition the circuit court of the county in which the assignor resides or the circuit court of Dane County for a court order confirming the assignment. The circuit court of the county in which the assignor resides or the circuit court of Dane County shall issue an order confirming the assignment only if all of the following occur:
1. The assignor is represented by independent legal counsel.
2. A copy of the assignment is attached to the petition.
3. The assignment is in writing, is executed by the assignor and is subject to the laws of this state.
3m. The contract for the assignment provides that the assignor has the right to cancel the contract until midnight of the 3rd business day after the date on which the assignor entered into the contract.
3r. The contract for the assignment provides that the assignor, from the proceeds received from the individual or organization to whom part or all of the lottery prize is assigned, agrees to pay in full any delinquent payments that may be owed by the assignor under subs. (4), (5), (5m) and (5r).
4. The assignor attests, by sworn affidavit, that he or she is of sound mind, is not acting under duress and acknowledges that the state will not make any of the assigned lottery prize payments or parts of lottery prize payments to the assignor.
5. The assignor, by sworn affidavit, provides the court with an accounting of all claims to, or judgments, liens, security interests, garnishments, assignments or attachments against, all or any part of the lottery prize payments.
6. The assignment does not include the amounts of any withholdings specified under sub. (4), (5), (5m) or (5r).
7. The assignor provides the court a certification from the administrator that lists the amounts of the lottery prize payments, if any, that the administrator is required to withhold for the assignor under subs. (4), (5), (5m) and (5r).
8. The payment that the assignor will receive as compensation for the assignment is at least equal to the present value of the assigned lottery prize payments, discounted at a rate no greater than the weekly prime rate for the week prior to the date on which the court received a copy of the assignment, as reported by the federal reserve board in federal reserve statistical release H. 15, plus 6%. In making the calculation under this subdivision, the court shall subtract from the compensation received by the assignor any required fees or other costs charged the assignor.
9. The individual or organization to whom part or all of the lottery prize is assigned specifies in an affidavit that the individual or organization agrees to report and pay any state income or franchise tax that is owed on any income or gain realized from the purchase and subsequent sale or redemption of any lottery prize.
(d) Contents of court order. A court order issued under par. (c) shall include all of the following:
1. The name of the prizewinner or the name of the assignor, if different from the prizewinner.
2. The assignor's social security number if the assignor is an individual, or federal income tax identification number if the assignor is an organization.
3. The name of the individual or organization to whom part or all of the lottery prize is assigned.
4. The social security number of the individual or the federal income tax identification number of the organization to whom part or all of the lottery prize is assigned.
5. If part or all of the lottery prize is assigned to an individual, the citizenship of the individual. If the individual is not a citizen of the United States of America, the order shall include the individual's resident alien number.
6. The number of assigned lottery prize payments and the dates on which the assigned lottery prize payments are to be paid.
7. The gross amount of each of the lottery prize payments that are subject to withholding for tax purposes and that are assigned.
(e) Administration of lottery prize assignment. Upon receipt of a court order issued under par. (c), the individual or organization to whom the lottery prize is assigned shall provide a certified copy of the court order to the administrator. The administrator shall acknowledge receipt of the court order in writing to the individual or organization to whom the lottery prize is assigned and shall make all lottery prize payments according to the terms specified in the court order. The administrator may charge an initial processing fee, in an amount determined by rule, to cover any costs associated with processing the lottery prize payments in accordance with the terms specified in the court order.
9,3025w
Section 3025w. 565.45 of the statutes is amended to read:
565.45 Report on expense limitation. Before January 1, 1992 2002, and every 2 years thereafter, the department shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the effects on the operation of the lottery of the 10% expense limitation under s. 25.75 (3) (b).
9,3025t
Section 3025t. 569.01 (1j) of the statutes is created to read:
569.01 (1j) "Indian gaming facility" means a facility at which Indian gaming is conducted under an Indian gaming compact.
9,3026
Section
3026. 569.01 (1m) (d) of the statutes is created to read:
569.01 (1m) (d) Moneys received by the state from Indian tribes pursuant to an Indian gaming compact, except moneys received as direct reimbursements to the department of justice.
9,3026h
Section 3026h. 569.01 (4) of the statutes is created to read:
569.01 (4) "Net win" means the amount wagered at an Indian gaming facility, less the amount paid out in winnings at the Indian gaming facility.
9,3026p
Section 3026p. 569.02 (5) of the statutes is created to read:
569.02 (5) On March 1 annually, for each payment of Indian gaming receipts, as described under s. 569.01 (1m) (d), received by the state from an Indian tribe in the prior calendar year, determine the amount to be transferred under s. 20.505 (8) (hm) to the appropriation account under s. 20.835 (2) (ka) by doing all of the following:
(a) Dividing the net win in the prior calendar year at all of the Indian tribe's Indian gaming facilities at which pari-mutuel racing is conducted and at which pari-mutuel racing under ch. 562 was conducted on the effective date of this paragraph .... [revisor inserts date], by the net win in the prior calendar year at all of the Indian tribe's Indian gaming facilities.
(b) Multiplying the number calculated under par. (a) by the amount of Indian gaming receipts, as described under s. 569.01 (1m) (d), received by the state from the Indian tribe in the prior calendar year.
9,3027
Section
3027. 569.06 of the statutes is amended to read:
569.06 Indian gaming receipts. Indian gaming receipts shall be credited to the appropriation accounts under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm) as specified under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm).
9,3027r
Section 3027r. 600.01 (1) (b) 8. of the statutes is amended to read:
600.01 (1) (b) 8. Guarantees of the Wisconsin Housing and Economic Development Authority under s. 234.68, 1995 stats., s. 234.69, 1995 stats., s. 234.765, 1995 stats., s. 234.82, 1995 stats., s. 234.87, 1995 stats., and ss. 234.67, 234.83, 234.84, 234.88, 234.90, 234.905, 234.907 and 234.91.
9,3028
Section
3028. 600.01 (1) (b) 10. of the statutes is created to read:
600.01 (1) (b) 10. a. Except as provided in subd. 10. b., long-term care services funded by the family care benefit, as defined in s. 46.2805 (4), that are provided by a care management organization that contracts with the department of health and family services under s. 46.284 and enrolls only individuals who are eligible under s. 46.286.
b. The exemption under subd. 10. a. does not apply if the services offered by the care management organization include hospital, physician or other acute health care services.
9,3029
Section
3029. 601.31 (1) (k) 6. of the statutes is created to read:
601.31 (1) (k) 6. Domestic mutual insurance holding companies, $100.
9,3030
Section
3030. 601.31 (1) (L) 1. of the statutes is repealed.
9,3031
Section
3031. 601.31 (1) (m) (intro.) of the statutes is renumbered 601.31 (1) (m) and amended to read:
601.31 (1) (m) For regulating resident intermediaries and nonresident intermediaries, annually after the year in which the initial license is issued, amounts to be set by the commissioner by rule and paid at times and under procedures set by the commissioner, but not to exceed:.
9,3032
Section
3032. 601.31 (1) (m) 1. of the statutes is repealed.
9,3033
Section
3033. 601.31 (1) (m) 2. of the statutes is repealed.
9,3034
Section
3034. 601.31 (1) (m) 3. of the statutes is renumbered 601.31 (1) (mc) and amended to read:
601.31 (1) (mc) Holder For regulating a holder of a license to place business under s. 618.41, annually after the year in which the initial license is issued, an amount to be set by the commissioner by rule and paid at times and under procedures set by the commissioner, but not to exceed $100.
9,3035
Section
3035. 601.31 (1) (o) of the statutes is amended to read:
601.31 (1) (o) For examination of an applicant for a license as an insurance intermediary, an amount to be set by the commissioner by rule but not to exceed $50 and not to exceed the reasonably estimated average cost of the examination and investigation of an intermediary.
9,3035c
Section 3035c. 609.05 (2) of the statutes is amended to read:
609.05 (2) Subject to s. 609.22 (4) and (4m), a limited service health organization, preferred provider plan or managed care plan may require an enrollee to designate a primary provider and to obtain health care services from the primary provider when reasonably possible.
9,3035f
Section 3035f. 609.05 (3) of the statutes is amended to read:
609.05 (3) Except as provided in ss. 609.22 (4m), 609.65 and 609.655, a limited service health organization, preferred provider plan or managed care plan may require an enrollee to obtain a referral from the primary provider designated under sub. (2) to another participating provider prior to obtaining health care services from that participating provider.
9,3036c
Section 3036c. 609.10 (title) of the statutes is amended to read:
609.10 (title) Standard plan and point-of-service option plan required.
9,3036d
Section 3036d. 609.10 (1) (a) of the statutes is renumbered 609.10 (1) (am) and amended to read:
609.10 (1) (am) Except as provided in subs. (2) to (4), an employer that offers any of its employes a health maintenance organization or a preferred provider plan that provides comprehensive health care services shall also offer the employes a standard plan, as provided in pars. (b) and (c), that provides at least substantially equivalent coverage of health care expenses and a point-of-service option plan, as provided in pars. (b) and (c).
9,3036e
Section 3036e. 609.10 (1) (ac) of the statutes is created to read:
609.10 (1) (ac) In this section, "point-of-service option plan" means a health maintenance organization or preferred provider plan that permits an enrollee to obtain covered health care services from a provider that is not a participating provider of the health maintenance organization or preferred provider plan under all of the following conditions:
1. The nonparticipating provider holds a license or certificate that authorizes or qualifies the provider to provide the health care services.
2. The health maintenance organization or preferred provider plan is required to pay the nonparticipating provider only the amount that the health maintenance organization or preferred provider plan would pay a participating provider for those health care services.
3. The enrollee is responsible for any additional costs or charges related to the coverage.
9,3036f
Section 3036f. 609.10 (1) (b) of the statutes is amended to read:
609.10 (1) (b) At least once annually, the employer shall provide the employes the opportunity to enroll in the health care plans under par. (a) (am).
9,3036g
Section 3036g. 609.10 (1) (c) of the statutes is amended to read:
609.10 (1) (c) The employer shall provide the employes adequate notice of the opportunity to enroll in the health care plans under par. (a) (am) and shall provide the employes complete and understandable information concerning the differences between among the health maintenance organization or preferred provider plan and
, the standard plan and the point-of-service option plan.
9,3036h
Section 3036h. 609.10 (2) of the statutes is amended to read:
609.10 (2) If, after providing an opportunity to enroll under sub. (1) (b) and the notice and information under sub. (1) (c), fewer than 25 employes indicate that they wish to enroll in
either the standard plan
or the point-of-service option plan under sub. (1) (a)
(am), the employer need not offer
the standard that plan on that occasion.
9,3036i
Section 3036i. 609.10 (3) of the statutes is renumbered 609.10 (3) (intro.) and amended to read:
609.10 (3) (intro.) Subsection (1) does not apply to an employer that employs does any of the following:
(a) Employs fewer than 25 full-time employes.
9,3036j
Section 3036j. 609.10 (3) (b) of the statutes is created to read:
609.10 (3) (b) Offers its employes a health maintenance organization or a preferred provider plan only through an insurer that is a cooperative association organized under ss. 185.981 to 185.985 or only through an insurer that is restricted under s. 609.03 (3).
9,3036k
Section 3036k. 609.10 (6) of the statutes is created to read:
609.10 (6) The commissioner shall promulgate rules necessary for the administration of the requirement to offer point-of-service option plans under sub. (1) (am).
9,3036n
Section 3036n. 609.20 (3) of the statutes is amended to read:
609.20 (3) To define substantially equivalent coverage of health care expenses for purposes of s. 609.10 (1) (a) (am).
9,3036p
Section 3036p. 609.20 (4) of the statutes is amended to read:
609.20 (4) To ensure that employes offered a health maintenance organization or a preferred provider plan that provides comprehensive services under s. 609.10 (1) (a) (am) are given adequate notice of the opportunity to enroll, as well as complete and understandable information under s. 609.10 (1) (c) concerning the differences between among the health maintenance organization or preferred provider plan and, the standard plan and the point-of-service option plan, as defined in s. 609.10 (1) (ac), including differences between among providers available and differences resulting from special limitations or requirements imposed by an institutional provider because of its affiliation with a religious organization.
9,3036r
Section 3036r. 609.22 (4m) of the statutes is created to read:
609.22 (4m) Obstetric and gynecologic services. (a) A managed care plan that provides coverage of obstetric or gynecologic services may not require a female enrollee of the managed care plan to obtain a referral for covered obstetric or gynecologic benefits provided by a participating provider who is a physician licensed under ch. 448 and who specializes in obstetrics and gynecology, regardless of whether the participating provider is the enrollee's primary provider. Notwithstanding sub. (4), the managed care plan may not require the enrollee to obtain a standing referral under the procedure established under sub. (4) (a) for covered obstetric or gynecologic benefits.
(b) A managed care plan under par. (a) may not do any of the following:
1. Penalize or restrict the coverage of a female enrollee on account of her having obtained obstetric or gynecologic services in the manner provided under par. (a).
2. Penalize or restrict the contract of a participating provider on account of his or her having provided obstetric or gynecologic services in the manner provided under par. (a).
(c) A managed care plan under par. (a) shall provide written notice of the requirement under par. (a) in every policy or group certificate issued by the managed care plan
and during each open enrollment period.
610.70 (1) (e) "Medical care institution" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium, adult family home, assisted living facility, rural medical center, hospice or other place licensed, certified or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.032, 50.033, 50.034, 50.35, 50.52, 50.90, 51.04, 51.08, or 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06 or 252.10 or under ch. 233 or licensed or certified by a county department under s. 50.032 or 50.033.
