Amendment AA16-AB36

LRBa0214/1

RPN&PJK:jrd:jlb

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 16, To 1995 ASSEMBLY BILL 36

January 31, 1995 - Offered by Representatives Robson, Baldus, Cullen, Ziegelbauer, Notestein, Krug, R. Young, Morris-Tatum, Coggs, Riley, Baldwin and Plombon.

AB36-AA16,1,1 At the locations indicated, amend the bill as follows:

AB36-AA16,1,2 1. Page 1, line 3: delete "awards and" and substitute "awards,".

AB36-AA16,1,3 2. Page 1, line 4: after "authority" insert "and making an appropriation".

AB36-AA16,1,4 3. Page 2, line 1: before that line insert:

AB36-AA16,1,5 " Section 1c. 15.405 (7) (c) of the statutes is repealed.

AB36-AA16, s. 1f Section 1f. 20.145 (2) (u) of the statutes is amended to read:

AB36-AA16,1,10 20.145 (2) (u) Administration. From the patients compensation fund under s. 655.27 (3), the amounts in the schedule for administration, except for costs of the patients compensation fund peer review council and its associated administrative costs assessed under s. 655.27 (3) (am).

AB36-AA16, s. 1h Section 1h. 20.145 (2) (um) of the statutes is repealed.

AB36-AA16, s. 1k Section 1k. 20.145 (2) (v) of the statutes is amended to read:

AB36-AA16,2,3 20.145 (2) (v) Operations and benefits. After deducting the amounts appropriated under pars. par. (u) and (um), the balances of the moneys paid into the patients compensation fund under s. 655.27 (3) to carry out the responsibilities of the commissioner of insurance under s. 655.27, to make payments to the investment board under s. 20.536 and, with respect to settlements, patients compensation panel awards and judgments entered into or rendered before June 14, 1986, to pay future medical expenses under s. 655.015.

AB36-AA16, s. 1m Section 1m. 165.25 (6) (a) of the statutes is amended to read:

AB36-AA16,2,25 165.25 (6) (a) At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employe or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employe or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employe's or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state. Members, officers and employes of the Wisconsin state agencies building corporation and the Wisconsin state public building corporation are covered by this section. Members of the board of governors created under s. 619.04 (3), and members of a committee or subcommittee of that board of governors, members of the patients compensation fund peer review council created under s. 655.275 (2) and persons consulting with that council under s. 655.275 (5) (b) are covered by this section with respect to actions, claims or other matters arising before, on or after April 25, 1990. The attorney general may compromise and settle claims asserted before such actions or matters formally are brought or may delegate such authority to the department of administration. This paragraph may not be construed as a consent to sue the state or any department thereof or as a waiver of state sovereign immunity.

AB36-AA16, s. 1p Section 1p. 619.04 (5) (b) of the statutes is amended to read:

AB36-AA16,3,10 619.04 (5) (b) A rating plan which takes into consideration the loss and expense experience of the individual health care provider which resulted in the payment of money, by the plan or other sources, for damages arising out of the rendering of health care by the health care provider or an employe of the health care provider, except that an adjustment to a health care provider's premiums may not be made under this paragraph prior to the receipt of the recommendation of the patients compensation fund peer review council under s. 655.275 (5) (a) and the expiration of the time period provided, under s. 655.275 (7), for the health care provider to comment or prior to the expiration of the time period under s. 655.275 (5) (a).

AB36-AA16, s. 1q Section 1q. 619.04 (5m) (a) of the statutes is renumbered 619.04 (5m) and amended to read:

AB36-AA16,3,20 619.04 (5m) Every rule under sub. (5) (b) shall provide for an automatic increase in a health care provider's premiums, except as provided in par. (b), if the loss and expense experience of the plan and other sources with respect to the health care provider or an employe of the health care provider exceeds either a number of claims paid threshold or a dollar volume of claims paid threshold, both as established in the rule. The rule shall specify applicable amounts of increase corresponding to the number of claims paid and the dollar volume of awards in excess of the respective thresholds.

AB36-AA16, s. 1r Section 1r. 619.04 (5m) (b) of the statutes is repealed.".

AB36-AA16,3,22 4. Page 2, line 1: delete " Section 1." and substitute "Section 1w.".

AB36-AA16,3,23 5. Page 2, line 21: after that line insert:

AB36-AA16,3,24 " Section 2d. 655.27 (3) (a) 2m. of the statutes is amended to read:

AB36-AA16,4,9 655.27 (3) (a) 2m. The loss and expense experience of the individual health care provider which resulted in the payment of money, from the fund or other sources, for damages arising out of the rendering of medical care by the health care provider or an employe of the health care provider, except that an adjustment to a health care provider's fees may not be made under this subdivision prior to the receipt of the recommendation of the patients compensation fund peer review council under s. 655.275 (5) (a) and the expiration of the time period provided, under s. 655.275 (7), for the health care provider to comment or prior to the expiration of the time period under s. 655.275 (5) (a).

AB36-AA16, s. 2g Section 2g. 655.27 (3) (am) of the statutes is repealed.

AB36-AA16, s. 2m Section 2m. 655.27 (3) (bg) 1. of the statutes is amended to read:

AB36-AA16,4,19 655.27 (3) (bg) 1. Every rule under par. (b) shall provide for an automatic increase in a health care provider's fees, except as provided in subd. 2., if the loss and expense experience of the fund and other sources with respect to the health care provider or an employe of the health care provider exceeds either a number of claims paid threshold or a dollar volume of claims paid threshold, both as established in the rule. The rule shall specify applicable amounts of increase corresponding to the number of claims paid and the dollar volume of awards in excess of the respective thresholds.".

AB36-AA16, s. 2p Section 2p. 655.27 (3) (bg) 2. of the statutes is repealed.

AB36-AA16, s. 2s Section 2s. 655.275 of the statutes is repealed.".

AB36-AA16,4,22 6. Page 4, line 20: after that line insert:

AB36-AA16,4,23 " Section 8g. 893.82 (2) (d) 3. of the statutes is amended to read:

AB36-AA16,5,4 893.82 (2) (d) 3. A member of the board of governors created under s. 619.04 (3), and a member of a committee or subcommittee of that board of governors, a member of the patients compensation fund peer review council created under s. 655.275 (2) and a person consulting with that council under s. 655.275 (5) (b).

AB36-AA16, s. 8m Section 8m. 895.46 (4) of the statutes is amended to read:

AB36-AA16,5,11 895.46 (4) The protection afforded by this section applies to members of the board of governors created under s. 619.04 (3), and members of a committee or subcommittee of that board of governors, members of the patients compensation fund peer review council created under s. 655.275 (2) and persons consulting with that council under s. 655.275 (5) (b), with respect to judgments, attorney fees and costs awarded before, on or after April 25, 1990.

AB36-AA16, s. 9m Section 9m. 895.70 (5) of the statutes is amended to read:

AB36-AA16,5,18 895.70 (5) Silence agreements. Any provision in a contract or agreement relating to the settlement of any claim by a patient against a therapist that limits or eliminates the right of the patient to disclose sexual contact by the therapist to a subsequent therapist, the department of regulation and licensing, the department of health and social services, the patients compensation fund peer review council or a district attorney is void.".

AB36-AA16,5,19 (End)