2005 Wisconsin Act 74

149.53 Liability limited. (1) Neither the state nor any political subdivision of the state nor any officer, employee, or agent of the state or a political subdivision who is acting within the scope of employment or agency is liable for any debt, obligation, act, or omission of the authority.

(2) All of the expenses incurred by the authority in exercising its duties and powers under this chapter shall be payable only from funds of the authority.

74,151 Section 151. 149.40 of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.

74,152 Section 152. Subchapter IV of chapter 149 [precedes 149.60] of the statutes is created to read:

Chapter 149

Subchapter IV
Health Care Tax Credit Program

149.60 Definition. In this subchapter, "eligible individual" has the meaning given in 26 USC 35 (c).

149.65 Program requirements. (1) Subject to sub. (2), the authority shall design and administer a program of health care coverage, called the Health Care Tax Credit Program, under which a covered eligible individual may receive an income tax credit under 26 USC 35 for a portion of premiums paid for the coverage. The Health Care Tax Credit Program shall be designed to satisfy the requirements of qualified health insurance under 26 USC 35 (e) (1) (E), (2), and (3).

(2) Subsection (1) applies only as long as federal law provides for income tax credits for premiums paid for coverage that satisfies the requirements specified in sub. (1).

149.70 Eligibility. An individual shall be eligible for coverage under the Health Care Tax Credit Program if the individual is any of the following:

(1) An eligible individual for whom all of the following apply:

(a) The aggregate of the individual's periods of creditable coverage, determined in the manner provided by rule under s. 149.115, is 3 months or more.

(b) The individual does not have other health care coverage.

(c) The individual is not confined in a prison, jail, or house of correction.

(2) An individual who is a qualifying family member, as defined in 26 USC 35 (d), of an eligible individual described in sub. (1) and who does not have other health care coverage.

74,153 Section 153. 230.03 (3) of the statutes is amended to read:

230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under chs. subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

74,154 Section 154. 230.80 (4) of the statutes is amended to read:

230.80 (4) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the Health Insurance Risk-Sharing Plan Authority. "Governmental unit" does not mean any political subdivision of the state or body within one or more political subdivisions which that is created by law or by action of one or more political subdivisions.

74,155 Section 155. 601.41 (1) of the statutes is amended to read:

601.41 (1) Duties. The commissioner shall administer and enforce chs. 600 to 655 and ss. 59.52 (11) (c), 66.0137 (4) and (4m), 100.203, 120.13 (2) (b) to (g), and 149.13, and 149.144 and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

74,156 Section 156. 601.415 (12) of the statutes is amended to read:

601.415 (12) Health insurance risk-sharing plan Insurance Risk-Sharing Plan. The commissioner shall perform the duties specified to be performed by the commissioner in ss. s. 149.13 and 149.144. The commissioner, or his or her designee, shall serve as a member of the board under s. 149.15.

74,157 Section 157. 601.64 (1) of the statutes is amended to read:

601.64 (1) Injunctions and restraining orders. The commissioner may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction or by temporary restraining order any violation of chs. 600 to 655, or s. 149.13 or 149.144, any rule promulgated under chs. 600 to 655, or any order issued under s. 601.41 (4). The commissioner need not show irreparable harm or lack of an adequate remedy at law in an action commenced under this subsection.

74,158 Section 158. 601.64 (3) (a) of the statutes is amended to read:

601.64 (3) (a) Restitutionary forfeiture. Whoever violates an effective order issued under s. 601.41 (4), any insurance statute or rule, or s. 149.13 or 149.144 shall forfeit to the state twice the amount of any profit gained from the violation, in addition to any other forfeiture or penalty imposed.

74,159 Section 159. 601.64 (3) (c) of the statutes is amended to read:

601.64 (3) (c) Forfeiture for violation of statute or rule. Whoever violates an insurance statute or rule or s. 149.13 or 149.144, intentionally aids a person in violating an insurance statute or rule or s. 149.13 or 149.144 , or knowingly permits a person over whom he or she has authority to violate an insurance statute or rule or s. 149.13 or 149.144 shall forfeit to the state not more than $1,000 for each violation. If the statute or rule imposes a duty to make a report to the commissioner, each week of delay in complying with the duty is a new violation.

74,160 Section 160. 601.64 (4) of the statutes is amended to read:

601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally permits any person over whom he or she has authority to violate or intentionally aids any person in violating any insurance statute or rule of this state, s. 149.13 or 149.144, or any effective order issued under s. 601.41 (4) is guilty of a Class I felony, unless a specific penalty is provided elsewhere in the statutes. Intent has the meaning expressed under s. 939.23.

74,161 Section 161. 613.03 (4) of the statutes is amended to read:

613.03 (4) Mandatory health insurance risk-sharing plan Health Insurance Risk-Sharing Plan. Service insurance corporations organized or operating under this chapter are subject to the requirements that apply to insurers and insurance under ch. 149.

74,162 Section 162. 631.20 (2) (f) of the statutes is created to read:

631.20 (2) (f) In the case of a policy form under ch. 149, that any of the following applies:

1. The benefit design is not comparable to a typical comprehensive individual health insurance policy offered in the private sector market in this state.

2. The benefit levels are not generally reflective of and commensurate with comprehensive health insurance coverage offered in the private individual market in the state.

3. The copayments, deductibles, and coinsurance are not actuarially equivalent to comprehensive individual plans and would create undue financial hardship.

4. It is inconsistent with the purpose of providing health care coverage to those unable to obtain coverage in the private market.

74,163 Section 163. 632.785 (title) of the statutes is amended to read:

632.785 (title) Notice of mandatory risk-sharing plan Health Insurance Risk-Sharing Plan.

74,164 Section 164. 895.65 (1) (c) of the statutes is amended to read:

895.65 (1) (c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority, the Health Insurance Risk-Sharing Plan Authority, or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

74,165 Section 165 . Nonstatutory provisions.

(1) Administrator contract.

(a) Because the legislature has determined that it is in the best interest of the Health Insurance Risk-Sharing Plan to have the Health Insurance Risk-Sharing Plan Authority administer the Health Insurance Risk-Sharing Plan beginning on July 1, 2006, the department of health and family services shall, no later than January 1, 2006, give written notice to the plan administrator under section 149.16, 2003 stats., terminating the contract between the department of health and family services and the plan administrator effective July 1, 2006.

(b) Notwithstanding the treatment of sections 149.11 (1), 149.12 (1) (intro.) and (1m), and 149.16 of the statutes, as affected by this act, the Health Insurance Risk-Sharing Plan Authority shall enter into a contract with the plan administrator under section 149.16, 2003 stats., that has the same terms and conditions as the contract under paragraph (a) and under which the plan administrator has the same rights, duties, and obligations as it had under the contract under paragraph (a) and the Health Insurance Risk-Sharing Plan Authority has the same rights, duties, and obligations as the department of health and family services had under the contract under paragraph (a ). The contract under this paragraph shall have a term beginning on July 1, 2006, and ending on the same date as the contract under paragraph (a) would have ended had the contract not been terminated under paragraph (a ). The department of health and family services, the plan administrator, and the Health Insurance Risk-Sharing Plan Authority shall cooperate with one another to ensure that the administration of the Health Insurance Risk-Sharing Plan continues without interruption after the termination of the contract under paragraph (a ) and the commencement of the contract under this paragraph.

(2) Terms of initial members of board. Notwithstanding the length of terms specified for the members of the board of directors of the Health Insurance Risk-Sharing Plan Authority under section 149.41 (1) of the statutes, as created by this act, the initial members of the board of directors shall be appointed for the following terms:

(a) At the governor's discretion, one member appointed under section 149.41 (1) (a) of the statutes, one member appointed under section 149.41 (1) (b) of the statutes, and one member appointed under section 149.41 (1) (c) of the statutes for one-year terms.

(b) At the governor's discretion, 2 members appointed under section 149.41 (1) (a) of the statutes, 2 members appointed under section 149.41 (1) (b) of the statutes, and 2 members appointed under section 149.41 (1) (c) of the statutes, for 2-year terms.

(c) At the governor's discretion, one member appointed under section 149.41 (1) (a) of the statutes, one member appointed under section 149.41 (1) (b) of the statutes, and 2 members appointed under section 149.41 (1) (c) of the statutes, for 3-year terms.

(3) Mental health and alcohol and drug abuse treatment benefit. The Health Insurance Risk-Sharing Plan Authority shall assess the historic utilization experience and diagnosis-related needs of the persons who are, and persons who have been, covered under the Health Insurance Risk-Sharing Plan to determine if the mental health and alcoholism and other drug abuse treatment benefit under section 632.89 of the statutes allows for the use of evidence-based treatment to meet the mental health and alcoholism and other drug abuse treatment needs of persons covered under the Health Insurance Risk-Sharing Plan. On or before December 1, 2006, the Health Insurance Risk-Sharing Plan Authority shall submit a report detailing the results of its assessment under this subsection to the joint committee on finance. On or after January 1, 2007, the Health Insurance Risk-Sharing Plan Authority shall make any necessary adjustments to the minimum required benefit under section 149.14 (3) (c) of the statutes, as affected by this act, to ensure appropriate access to evidence-based mental health and alcoholism and other drug abuse treatment strategies for persons covered under the Health Insurance Risk-Sharing Plan.

74,166 Section 166 . Appropriation changes.

(1) Transfers for funding Health Insurance Risk-Sharing Plan. The unencumbered balance in the Health Insurance Risk-Sharing Plan fund under section 25.55, 2003 stats., immediately before the effective date of this subsection, and the unencumbered balances in the appropriation accounts under section 20.435 (4) (u), 2003 stats., and section 20.435 (4) (v), 2003 stats., immediately before the effective date of this subsection, are transferred to the Health Insurance Risk-Sharing Plan fund under section 149.11 (2) of the statutes, as affected by this act.

(2) Health Insurance Risk-Sharing Plan.

(a) Administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (u) of the statutes, as affected by the acts of 2005, the dollar amount is increased by $3,535,500 for fiscal year 2005-06 to fund the costs of the department for administering the Health Insurance Risk-Sharing Plan until July 1, 2006, and to increase the authorized FTE positions for the department by 4.83 SEG positions for the period ending on July 1, 2006, for administration of the Health Insurance Risk-Sharing Plan.

(b) Program benefits. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (v) of the statutes, as affected by the acts of 2005, the dollar amount is increased by $78,643,800 for fiscal year 2005-06 to increase funding for the purposes for which the appropriation is made.

74,167 Section 167 . Initial applicability.

(1) Residency for the Health Insurance Risk-Sharing Plan. The treatment of section 149.10 (9) of the statutes first applies to persons who submit applications for coverage under the Health Insurance Risk-Sharing Plan on the effective date of this subsection.

(2) Plan design. The treatment of section 149.14 (3) (b), (c) 1., 2., and 3. (by Section 100 ), (e), (f), (m), (o), and (p), and (6) (a) and (b) of the statutes and the repeal and recreation of section 149.14 (4) and (5) of the statutes first apply to the plan year beginning on January 1, 2007.

(3) Income tax exemptions. The treatment of sections 71.07 (5g), 71.10 (4) (cp), 71.21 (4), 71.26 (1) (be) and (2) (a), 71.28 (5g), 71.30 (3) (dm), 71.34 (1) (g), 71.45 (2) (a) 10., 71.47 (5g), 71.49 (1) (dm), 76.655, 76.67 (2), and 77.92 (4) of the statutes first applies to taxable years beginning on January 1, 2006.

(4) Preexisting condition exclusion. The treatment of section 149.14 (6) (a) and (b) of the statutes and the repeal and recreation of section 149.14 (4) (with respect to establishing preexisting condition exclusions) of the statutes first apply to persons who submit applications for coverage under the Health Insurance Risk-Sharing Plan on the effective date of this subsection.

(5) Medicare part D.

(a) Notwithstanding Section 168 (2) with respect to the treatment of section 149.10 (2j) (a) 3., (2t) (c), and (7) of the statutes, the treatment of section 149.10 (2j) (a) 3., (2t) (c), and (7) of the statutes first applies to persons who have coverage under the Health Insurance Risk-Sharing Plan on the effective date of this paragraph, on May 15, 2006.

(b) The treatment of section 149.10 (2j) (a) 3., (2t) (c), and (7) of the statutes first applies to all persons not specified in paragraph (a), on the effective date of this paragraph.

74,168 Section 168 . Effective dates. This act takes effect as follows:

(1) Administrator contract. The treatment of section 149.13 (4) (by Section 91 ) of the statutes and Sections 165 (1) (a ) and 166 (2) of this act take effect on the day after publication.

(2) Creation of authority; insurer assessment tax credit; miscellaneous. The treatment of sections 1.12 (1) (b), 13.172 (1), 13.62 (2), 13.94 (1) (dh) and (1s) (c) 4., 13.95 (intro.), 16.002 (2), 16.004 (4), (5), and (12) (a), 16.045 (1) (a), 16.15 (1) (ab), 16.41 (4), 16.417 (1) (a), 16.52 (7), 16.528 (1) (a), 16.53 (2), 16.54 (9) (a) 1., 16.70 (2), 16.72 (2) (e) (intro.) and (f), 16.75 (1m), (8) (a) 1. and 2., and (9), 16.765 (1), (2), (4), (5), (6), (7) (intro.) and (d), and (8), 16.85 (2), 16.865 (8), 70.11 (41m), 71.07 (5g), 71.10 (4) (cp), 71.21 (4), 71.26 (1) (be) and (2) (a), 71.28 (5g), 71.30 (3) (dm), 71.34 (1) (g), 71.45 (2) (a) 10., 71.47 (5g), 71.49 (1) (dm), 76.655, 76.67 (2), 77.54 (9a) (a), 77.92 (4), 101.055 (2) (a), 101.177 (1) (d), 149.10 (2j) (a) 3., (2t) (c), (3), (7), and (8), 149.12 (2) (g), 149.18, 149.25, 230.03 (3), 230.80 (4), and 895.65 (1) (c), subchapter I (title) of chapter 149, and subchapter II (title) of chapter 149 of the statutes, the creation of subchapter III of chapter 149 of the statutes, and Sections 165 (1 ) (b), (2), and (3) and 167 (5 ) of this act take effect on January 1, 2006, or on the day after publication, whichever is later.

(3) Transfer of administration. The treatment of sections 20.145 (5), 20.435 (4) (u) and (v), 25.17 (1) (gf), 25.55 (intro.), (3), and (4), 149.10 (intro.), (1), (2), (2m), (3e), (9), and (10), 149.105, 149.11, 149.115, 149.12 (1) (intro.) and (a), (1m), (3) (a) and (c), (4), and (5), 149.13 (1), (3) (a) and (b), and (4) (by Section 92), 149.14 (1) (a), (2) (a), (3) (intro.), (c) 3. (by Section 99), and (d), (4c), (4m), (5m), (7) (b) and (c), and (8), 149.141, 149.142 (1) (a) and (b) and (2), 149.143, 149.144, 149.145, 149.146 (1) (a) and (b) and (2) (a), (am), and (b), 149.15, 149.16, 149.165 (1), (2) (a) (intro.) and (bc), (3) (a) and (b) (intro.), (3m), and (4), 149.17 (1), (2), and (4), 149.175, 149.20, 601.41 (1), 601.415 (12), 601.64 (1), (3) (a) and (c), and (4), 613.03 (4), 631.20 (2) (f), 632.785 (title), and subchapter IV of chapter 149 of the statutes, the repeal of sections 149.14 (5) (d) and (e) and 149.40 of the statutes, the renumbering and amendment of section 149.12 (2) (f) of the statutes, the amendment of section 149.14 (4) (d) and (m) and (5) (b) and (c) of the statutes, the creation of section 149.12 (2) (f) 2. of the statutes, and Sections 166 (1) and 167 (1 ) of the statutes take effect on July 1, 2006.

(4) Plan design. The treatment of section 149.14 (3) (b), (c) 1., 2., and 3. (by Section 100 ), (e), (f), (m), (o), and (p), and (6) (a) and (b) of the statutes, the repeal and recreation of section 149.14 (4) and (5) of the statutes, and Section 167 (2) and (4) of this act take effect on January 1, 2007.