Amendment ASA-AB150

AB150-ASA,2149,5 601.415 (9) Consumer credit law. The commissioner shall cooperate with the commissioner division of banking in the administration of ch. 424, shall determine the method for computation of refunds under s. 424.205, shall approve forms, schedules of premium rates and charges under s. 424.209 and shall issue rules or orders of compliance to insurers under s. 424.602.

AB150-ASA, s. 7006m Section 7006m. 601.45 (3) of the statutes is amended to read:

AB150-ASA,2149,12 601.45 (3) Deposit. The commissioner may require any examinee, before or from time to time during an examination, to deposit with the state treasurer secretary of administration such deposits as the commissioner deems necessary to pay the costs of the examination. Any deposit and any payment made under subs. (1) and (2) shall be credited to the appropriation under s. 20.145 (1) (g) in the percentage specified in that paragraph.

AB150-ASA, s. 7007 Section 7007. 601.57 (1) (a) of the statutes is amended to read:

AB150-ASA,2149,24 601.57 (1) (a) The commissioner, in consultation with the department of health and social services, shall study the feasibility and cost-effectiveness of requiring every health insurer to issue to its insureds uniform machine-readable health insurance identification cards and to establish a computerized support system for the cards that will accept and respond to electronically conveyed requests from health care providers for information related to an insured, such as eligibility, coverages and authorizations. The study shall consider the feasibility and cost-effectiveness of including the medical assistance program under ss. 49.45 to 49.47 subch. IV of ch. 49 in the system of identification cards and the computerized support system and the feasibility of using those systems to coordinate the payment of benefits by health insurers and the medical assistance program.

AB150-ASA, s. 7008m Section 7008m. 601.62 (4) of the statutes is amended to read:

AB150-ASA,2150,7 601.62 (4) Fees in investigations and hearings. The fees for stenographic services in investigations, examinations and hearings may not exceed the sum provided for like services in the circuit court. The fees of officers, witnesses, interpreters and stenographers on behalf of the commissioner or the state shall be paid by the state treasurer upon the warrant of the department secretary of administration, authorized by the certificate of the commissioner, and shall be charged to the appropriation under s. 20.145 (1) (g).

AB150-ASA, s. 7009 Section 7009. 601.72 of the statutes is repealed and recreated to read:

AB150-ASA,2150,13 601.72 Registered agent for service of process. (1) Every insurer shall continuously maintain in this state a registered agent for service of process on the insurer, which agent must be an individual resident of this state, a domestic insurer or a nondomestic insurer authorized to do business in this state. The name and address of the registered agent shall be filed with the commissioner.

AB150-ASA,2150,19 (2) If an insurer fails to maintain an agent for service of process in this state or if the agent cannot be found, substituted service under the procedures provided in s. 601.73 may be made on the commissioner or, if the proceeding is brought by the state against an insurer or intermediary other than a risk retention group or risk purchasing group, on the secretary of state. Litigants serving process on the commissioner under this subsection shall pay the fee specified in s. 601.31 (1) (p).

AB150-ASA, s. 7011 Section 7011. 601.73 (1) (intro.) of the statutes is amended to read:

AB150-ASA,2150,22 601.73 (1) Requirements for effective service. (intro.) Service upon the commissioner or secretary of state under s. 601.72 (2) is service on the principal, if:

AB150-ASA, s. 7017 Section 7017. 601.73 (2) (c) of the statutes is amended to read:

AB150-ASA,2151,2 601.73 (2) (c) Default judgment. No plaintiff or complainant is entitled to a judgment by default in any proceeding in which process is served under ss. this section and s. 601.72 and 601.73 (2) until the expiration of 20 days from the date of mailing of the process under par. (b).

AB150-ASA, s. 7019 Section 7019. 601.93 (2) of the statutes is amended to read:

AB150-ASA,2151,15 601.93 (2) Every insurer doing a fire insurance business in this state shall, before March 1 in each year, file with the commissioner a statement, showing the amount of premiums upon fire insurance due for the preceding calendar year. Return premiums may be deducted in determining the premium on which the fire department dues are computed. Payments of quarterly instalments of the total estimated payment for the then current calendar year under this subsection are due on or before April 15, June 15, September 15 and December 15. On March 1 the insurer shall pay any additional amounts due for the preceding calendar year. Overpayments will be credited on the amount due April 15. The commissioner shall, prior to May 1 each year, report to the department of industry, labor and human relations development the amount of dues paid under this subsection and to be paid under s. 101.573 (1).

AB150-ASA, s. 7019d Section 7019d. 604.04 (4) of the statutes is amended to read:

AB150-ASA,2151,20 604.04 (4) Payment procedure. Any charges against a fund under sub. (3) shall be certified by the commissioner, audited by the department of administration under s. 16.53 and paid by the treasurer secretary of administration out of the appropriate fund in accordance with procedures of the department of administration.

AB150-ASA, s. 7019h Section 7019h. 604.05 of the statutes is amended to read:

AB150-ASA,2152,4 604.05 Investments. Assets of all funds under chs. 605 to 607 shall be invested by the state investment board under s. 25.17. Each January 1 the state treasurer secretary of administration shall credit each fund with earnings on the invested assets in each fund for the preceding 12 months. If any fund is indebted to the general fund of the state the fund shall be charged, at the end of each calendar year, with interest on the indebtedness at the average rate earned by the state upon its deposits in public depositories during the period of indebtedness and that sum shall be credited to the general fund.

AB150-ASA, s. 7019p Section 7019p. 604.06 (1) of the statutes is amended to read:

AB150-ASA,2152,7 604.06 (1) Custody. The state treasurer secretary of administration has sole custody of all assets of funds under chs. 605 to 607.

AB150-ASA, s. 7019t Section 7019t. 604.07 of the statutes is amended to read:

AB150-ASA,2152,12 604.07 Bonds. The commissioner as manager of the funds and the treasurer secretary of administration shall file surety bonds, specifically conditioned on the performance of their duties under chs. 605 to 607, in amounts required by, and with sureties approved by, the governor.

AB150-ASA, s. 7020m Section 7020m. 605.30 of the statutes is amended to read:

AB150-ASA,2152,20 605.30 Inadequacy of fund. If the property fund does not have sufficient assets to pay claims that are due, the department secretary of administration shall issue a warrant as a transfer from the general fund to the property fund an amount sufficient to pay the losses and the state treasurer shall pay the warrant losses. The property fund shall thereafter repay the general fund this amount and the department secretary of administration shall issue warrants for such transfer such amount as soon as there are assets in the property fund.

AB150-ASA, s. 7022 Section 7022. 609.65 (1) (b) (intro.) of the statutes is amended to read:

AB150-ASA,2153,4 609.65 (1) (b) (intro.) If the provider performing the examination, evaluation or treatment does not have a provider agreement with the health maintenance organization, limited service health organization or preferred provider plan which covers the provision of that service to the enrolled participant, reimburse the provider for the examination, evaluation or treatment of the enrolled participant in an amount not to exceed the maximum reimbursement for the service under the medical assistance program under ss. 49.45 to 49.47 subch. IV of ch. 49, if any of the following applies:

AB150-ASA, s. 7026m Section 7026m. 611.76 (4) (e) of the statutes is amended to read:

AB150-ASA,2153,12 611.76 (4) (e) That no policyholder, other than a policyholder of a mutual life insurance company, may receive a distribution of shares valued in excess of the amount to which he or she is entitled under s. 645.72 (4). Any excess over that amount shall be distributed in shares to the state treasury for the benefit of the common school fund. After 5 years the shares may be sold by the treasurer secretary of administration at his or her discretion and the proceeds credited to the common school fund; and

AB150-ASA, s. 7027 Section 7027. 611.76 (11) of the statutes is amended to read:

AB150-ASA,2153,17 611.76 (11) Security regulation. The filing with the office of the commissioner division of securities of a certified copy of the plan of conversion as approved by the commissioner constitutes registration under s. 551.27 of the securities authorized to be issued thereunder.

AB150-ASA, s. 7029 Section 7029. 613.81 of the statutes is amended to read:

AB150-ASA,2154,3 613.81 (title) Tax exemption for certain hospital service insurance corporations. Every nonprofit service insurance corporation organized under s. 613.80 which does not pay any dividends, benefits or pecuniary profits to any members or directors and which does not offer a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is, except for purposes of the franchise tax measured by net income, a charitable and benevolent corporation. Every nonprofit service insurance corporation organized under s. 613.80 that offers a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is not a charitable and benevolent corporation.

AB150-ASA, s. 7030 Section 7030. 614.05 (1) of the statutes is amended to read:

AB150-ASA,2154,6 614.05 (1) Chapters 611 and 619. No section of chs. ch. 611 or subch. I of ch. 619 applies to fraternals unless it is specifically made applicable by this chapter.

AB150-ASA, s. 7032 Section 7032. 614.80 of the statutes is amended to read:

AB150-ASA,2154,13 614.80 Tax exemption. Every domestic and nondomestic fraternal, except those that offer a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is exempt from all state, county, district, municipal and school taxes or fees, except the fees required by s. 601.31 (2), but is required to pay all taxes and special assessments on its real estate and office equipment, except as provided in s. 70.11 (4) and (8).

AB150-ASA, s. 7034 Section 7034. 616.74 (1) (c) of the statutes is amended to read:

AB150-ASA,2154,19 616.74 (1) (c) A certificate from the secretary of state, if it is a nonprofit corporation, that it has complied with the corporation laws of this state; if it is a corporation the stock of which has been or is being sold to the general public, a certificate from the commissioner division of securities that it has complied with the requirements of the securities law of this state.

AB150-ASA, s. 7035 Section 7035. 619.10 (6) of the statutes is amended to read:

AB150-ASA,2154,22 619.10 (6) "Medical assistance" means health care benefits provided under ss. 49.45 to 49.47 subch. IV of ch. 49.

AB150-ASA, s. 7036 Section 7036. 619.12 (3) (b) of the statutes is amended to read:

AB150-ASA,2155,3 619.12 (3) (b) Persons for whom deductible or coinsurance amounts are paid or reimbursed under ch. 47 for vocational rehabilitation, under s. 49.48 49.68 for renal disease, under s. 49.485 (8) 49.685 (8) for hemophilia or under s. 49.483 49.683 for cystic fibrosis are not ineligible for coverage under the plan by reason of such payments or reimbursements.

AB150-ASA, s. 7037 Section 7037. 626.12 (3) of the statutes is amended to read:

AB150-ASA,2155,15 626.12 (3) Physical impairment. Rates or rating plans may not take into account the physical impairment of employes. Any employer who applies or promotes any oppressive plan of physical examination and rejection of employes or applicants for employment shall forfeit the right to experience rating. If the department of industry, labor and human relations determines that grounds exist for such forfeiture it shall file with the commissioner a certified copy of its findings, which shall automatically suspend any experience rating credit for the employer. The department shall make the determination as prescribed in ss. 101.02 s. 103.005 (5) (b) to (f), (6) to (12) and (14) (11), (13) (b) to (d) and 101.03 (16), so far as such sections subsections are applicable, subject to review under ch. 227. Restoration of an employer to the advantages of experience rating shall be by the same procedure.

AB150-ASA, s. 7038 Section 7038. 628.04 (3) of the statutes is amended to read:

AB150-ASA,2156,8 628.04 (3) Classification and examination. The commissioner may by rule prescribe classifications of intermediaries in addition to agent and surplus lines agent or broker, by kind of authority, or kind of insurance, or in other ways, and may prescribe different standards of competence, including examinations and educational prerequisites, for each class. The commissioner may by rule set prelicensing and annual continuing education standards, but may not require a licensed intermediary to complete a course of study requiring more than 15 30 hours, per license, of approved continuing education, including continuing education programs approved by the commissioner and presented by the insurers, in any one-year 2-year period. The commissioner may approve courses or programs that an applicant for an intermediary's license may attend to fulfill a prelicensing education requirement, or that a licensed intermediary may attend to fulfill a continuing education requirement, and may approve organizations that may offer approved courses or programs. The commissioner may, by rule, exempt any class of intermediaries from the continuing education requirements. So far as practicable, the commissioner shall issue a single license to each individual intermediary for a single fee.

AB150-ASA, s. 7039 Section 7039. 628.10 (2) (a) of the statutes is amended to read:

AB150-ASA,2156,18 628.10 (2) (a) For failure to comply with continuing education requirements. The commissioner may by order suspend the license of any intermediary who fails to produce evidence of compliance with continuing education standards set by the commissioner. If an intermediary whose license has been suspended under this paragraph produces evidence of compliance within 60 days after the date on which the license is suspended, the commissioner shall reinstate the license effective on the date of suspension. If such an intermediary does not produce evidence of compliance within 60 days, the license is revoked and the intermediary may be relicensed only after satisfying all requirements under s. 628.04.

AB150-ASA, s. 7040 Section 7040. 628.11 of the statutes is amended to read:

AB150-ASA,2156,24 628.11 Listing of insurance agents. An insurer shall report to the commissioner at such intervals as the commissioner establishes by rule all appointments, including renewals of appointments, and all terminations of appointments of insurance agents to do business in this state, and shall pay the fees prescribed under s. 601.31 (1) (n).

AB150-ASA, s. 7041 Section 7041. 632.10 (1) of the statutes is amended to read:

AB150-ASA,2157,4 632.10 (1) "Building and safety standards" means the requirements of chs. 101 and 145 and of any rule promulgated by the department of industry, labor and human relations development under ch. 101 or 145, and standards of a 1st class city relating to the health and safety of occupants of buildings.

AB150-ASA, s. 7042 Section 7042. 632.72 (title) of the statutes is amended to read:

AB150-ASA,2157,6 632.72 (title) Medical benefits or assistance; assignment.

AB150-ASA, s. 7043 Section 7043. 632.72 (1) of the statutes is renumbered 632.72 (1r) and amended to read:

AB150-ASA,2157,14 632.72 (1r) The providing of medical benefits under s. 49.02 or 49.046 or of medical assistance under s. 49.45, 49.46, 49.465, 49.468 or 49.47 constitutes an assignment to the department of health and social services or the county providing the medical benefits or assistance or contract provider. The assignment shall be, to the extent of the medical benefits or assistance provided, for benefits to which the recipient would be entitled under any policy of health and disability insurance.

AB150-ASA, s. 7044 Section 7044. 632.72 (1g) of the statutes is created to read:

AB150-ASA,2157,16 632.72 (1g) In this section:

AB150-ASA,2157,20 (a) "Department or contract provider" means the department of health and social services, the county providing the medical benefits or assistance or a health maintenance organization that has contracted with the department of health and social services to provide the medical benefits or assistance.

AB150-ASA,2157,22 (b) "Medical benefits or assistance" means medical benefits under s. 49.02 or 49.046 or medical assistance, as defined under s. 49.43 (8).

AB150-ASA, s. 7045b Section 7045b. 632.72 (1g) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,2158,3 632.72 (1g) (b) "Medical benefits or assistance" means medical benefits health care services funded by a relief block grant under s. 49.02 or 49.046 ch. 49, or medical assistance, as defined under s. 49.43 (8).

AB150-ASA, s. 7046 Section 7046. 632.72 (2) of the statutes is amended to read:

AB150-ASA,2158,11 632.72 (2) An insurer may not impose on the department of health and social services or contract provider, as assignee of a person who is covered under the policy of health and disability insurance and who is eligible for medical benefits under s. 49.02 or 49.046 or for medical assistance under s. 49.45, 49.46, 49.465, 49.468 or 49.47, requirements that are different from those imposed on any other agent or assignee of a person who is covered under the policy of health and disability insurance.

AB150-ASA, s. 7047 Section 7047. 632.89 (1) (e) 1. of the statutes is amended to read:

AB150-ASA,2158,16 632.89 (1) (e) 1. A program in an outpatient treatment facility, if both are approved by the department of health and social services and, the program is established and maintained according to rules promulgated under s. 51.42 (7) (b) and the facility is certified under s. 51.04.

AB150-ASA, s. 7048 Section 7048. 632.895 (3) of the statutes is amended to read:

AB150-ASA,2159,15 632.895 (3) Skilled nursing care. Every disability insurance policy filed after November 29, 1979, which provides coverage for hospital care shall provide coverage for at least 30 days for skilled nursing care to patients who enter a licensed skilled nursing care facility. A disability insurance policy, other than a medicare supplement policy or medicare replacement policy, may limit coverage under this subsection to patients who enter a licensed skilled nursing care facility within 24 hours after discharge from a general hospital. The daily rate payable under this subsection to a licensed skilled nursing care facility shall be no less than the maximum daily rate established for skilled nursing care in that facility by the department of health and social services for purposes of reimbursement under the medical assistance program under ss. 49.45 to 49.47 subch. IV of ch. 49. The coverage under this subsection shall apply only to skilled nursing care which is certified as medically necessary by the attending physician and is recertified as medically necessary every 7 days. If the disability insurance policy is other than a medicare supplement policy or medicare replacement policy, coverage under this subsection shall apply only to the continued treatment for the same medical or surgical condition for which the insured had been treated at the hospital prior to entry into the skilled nursing care facility. Coverage under any disability insurance policy governed by this subsection may be subject to a deductible that applies to the hospital care coverage provided by the policy. The coverage under this subsection shall not apply to care which is essentially domiciliary or custodial, or to care which is available to the insured without charge or under a governmental health care program, other than a program provided under ch. 49.

AB150-ASA, s. 7049 Section 7049. 645.76 of the statutes is amended to read:

AB150-ASA,2159,20 645.76 Disposition of records during and after termination of liquidation. Records of any insurer in the process of liquidation or completely liquidated under this chapter shall be disposed of by the public records and forms board in the same manner as state records under s. 16.61.

AB150-ASA, s. 7050 Section 7050. 701.107 (3m) of the statutes is created to read:

AB150-ASA,2159,22 701.107 (3m) "Division" means the division of banking.

AB150-ASA, s. 7051 Section 7051. 701.107 (4) of the statutes is amended to read:

AB150-ASA,2160,3 701.107 (4) "Nonreciprocal state" means a state other than this state and other than a regional state, as defined in s. 221.58 (1) (h), that the commissioner of banking division finds satisfies s. 221.58 (4) (a).

AB150-ASA, s. 7052 Section 7052. 701.108 (1) (b) of the statutes is amended to read:

AB150-ASA,2160,8 701.108 (1) (b) The bank or bank holding company proposing to obtain the stock of a bank holding company under this section has filed an application with the commissioner of banking division, and the commissioner of banking division does not disapprove the application under sub. (2).

AB150-ASA, s. 7053 Section 7053. 701.108 (1) (c) of the statutes is amended to read:

AB150-ASA,2160,19 701.108 (1) (c) The commissioner of banking division gives a class 3 notice, under ch. 985, in the official state newspaper, of the application to take an action under this subsection and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days after the final notice or if the commissioner division on his or her the division's motion calls for a hearing within 30 days after the final notice, the commissioner division holds a public hearing on the application, except that a hearing is not required if the commissioner division finds that an emergency exists and that the proposed action under this subsection is necessary and appropriate to prevent the probable failure of a bank owned by the charitable trust that is closed or in danger of closing.

AB150-ASA, s. 7054 Section 7054. 701.108 (1) (d) of the statutes is amended to read:

AB150-ASA,2160,23 701.108 (1) (d) The commissioner of banking division is provided a copy of any original application seeking approval by a federal agency of the transaction and of any supplemental material or amendments filed with the application.

AB150-ASA, s. 7055 Section 7055. 701.108 (1) (e) of the statutes is amended to read:

AB150-ASA,2161,3 701.108 (1) (e) The applicant has paid the commissioner of banking division a fee of $1,000 together with the actual costs incurred by the commissioner division in holding any hearing on the application.

AB150-ASA, s. 7056 Section 7056. 701.108 (2) (intro.) of the statutes is amended to read:

AB150-ASA,2161,7 701.108 (2) Standards for disapproval. (intro.) The commissioner of banking division may disapprove an application filed under sub. (1) if the commissioner division finds any of the following: