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-AA16,1,11 At the locations indicated, amend the bill as follows:
AB36-AA16,1,2 21. Page 1, line 3: delete "awards and" and substitute "awards,".
AB36-AA16,1,3 32. Page 1, line 4: after "authority" insert "and making an appropriation".
AB36-AA16,1,4 43. Page 2, line 1: before that line insert:
AB36-AA16,1,5 5" Section 1c. 15.405 (7) (c) of the statutes is repealed.
AB36-AA16, s. 1f 6Section 1f. 20.145 (2) (u) of the statutes is amended to read:
AB36-AA16,1,107 20.145 (2) (u) Administration. From the patients compensation fund under s.
8655.27 (3), the amounts in the schedule for administration, except for costs of the
9patients compensation fund peer review council and its associated administrative
10costs assessed under s. 655.27 (3) (am)
.
AB36-AA16, s. 1h 11Section 1h. 20.145 (2) (um) of the statutes is repealed.
AB36-AA16, s. 1k 12Section 1k. 20.145 (2) (v) of the statutes is amended to read:
AB36-AA16,2,313 20.145 (2) (v) Operations and benefits. After deducting the amounts
14appropriated under pars. par. (u) and (um), the balances of the moneys paid into the
15patients compensation fund under s. 655.27 (3) to carry out the responsibilities of the
16commissioner of insurance under s. 655.27, to make payments to the investment

1board under s. 20.536 and, with respect to settlements, patients compensation panel
2awards and judgments entered into or rendered before June 14, 1986, to pay future
3medical expenses under s. 655.015.
AB36-AA16, s. 1m 4Section 1m. 165.25 (6) (a) of the statutes is amended to read:
AB36-AA16,2,255 165.25 (6) (a) At the request of the head of any department of state government,
6the attorney general may appear for and defend any state department, or any state
7officer, employe or agent of the department in any civil action or other matter brought
8before a court or an administrative agency which is brought against the state
9department, or officer, employe or agent for or on account of any act growing out of
10or committed in the lawful course of an officer's, employe's or agent's duties. Witness
11fees or other expenses determined by the attorney general to be reasonable and
12necessary to the defense in the action or proceeding shall be paid as provided for in
13s. 885.07. The attorney general may compromise and settle the action as the attorney
14general determines to be in the best interest of the state. Members, officers and
15employes of the Wisconsin state agencies building corporation and the Wisconsin
16state public building corporation are covered by this section. Members of the board
17of governors created under s. 619.04 (3), and members of a committee or
18subcommittee of that board of governors, members of the patients compensation
19fund peer review council created under s. 655.275 (2) and persons consulting with
20that council under s. 655.275 (5) (b)
are covered by this section with respect to actions,
21claims or other matters arising before, on or after April 25, 1990. The attorney
22general may compromise and settle claims asserted before such actions or matters
23formally are brought or may delegate such authority to the department of
24administration. This paragraph may not be construed as a consent to sue the state
25or any department thereof or as a waiver of state sovereign immunity.
AB36-AA16, s. 1p
1Section 1p. 619.04 (5) (b) of the statutes is amended to read:
AB36-AA16,3,102 619.04 (5) (b) A rating plan which takes into consideration the loss and expense
3experience of the individual health care provider which resulted in the payment of
4money, by the plan or other sources, for damages arising out of the rendering of
5health care by the health care provider or an employe of the health care provider,
6except that an adjustment to a health care provider's premiums may not be made
7under this paragraph prior to the receipt of the recommendation of the patients
8compensation fund peer review council under s. 655.275 (5) (a) and the expiration of
9the time period provided, under s. 655.275 (7), for the health care provider to
10comment or prior to the expiration of the time period under s. 655.275 (5) (a)
.
AB36-AA16, s. 1q 11Section 1q. 619.04 (5m) (a) of the statutes is renumbered 619.04 (5m) and
12amended to read:
AB36-AA16,3,2013 619.04 (5m) Every rule under sub. (5) (b) shall provide for an automatic
14increase in a health care provider's premiums, except as provided in par. (b), if the
15loss and expense experience of the plan and other sources with respect to the health
16care provider or an employe of the health care provider exceeds either a number of
17claims paid threshold or a dollar volume of claims paid threshold, both as established
18in the rule. The rule shall specify applicable amounts of increase corresponding to
19the number of claims paid and the dollar volume of awards in excess of the respective
20thresholds.
AB36-AA16, s. 1r 21Section 1r. 619.04 (5m) (b) of the statutes is repealed.".
AB36-AA16,3,22 224. Page 2, line 1: delete " Section 1." and substitute "Section 1w.".
AB36-AA16,3,23 235. Page 2, line 21: after that line insert:
AB36-AA16,3,24 24" Section 2d. 655.27 (3) (a) 2m. of the statutes is amended to read:
AB36-AA16,4,9
1655.27 (3) (a) 2m. The loss and expense experience of the individual health care
2provider which resulted in the payment of money, from the fund or other sources, for
3damages arising out of the rendering of medical care by the health care provider or
4an employe of the health care provider, except that an adjustment to a health care
5provider's fees may not be made under this subdivision prior to the receipt of the
6recommendation of the patients compensation fund peer review council under s.
7655.275 (5) (a) and the expiration of the time period provided, under s. 655.275 (7),
8for the health care provider to comment or prior to the expiration of the time period
9under s. 655.275 (5) (a)
.
AB36-AA16, s. 2g 10Section 2g. 655.27 (3) (am) of the statutes is repealed.
AB36-AA16, s. 2m 11Section 2m. 655.27 (3) (bg) 1. of the statutes is amended to read:
AB36-AA16,4,1912 655.27 (3) (bg) 1. Every rule under par. (b) shall provide for an automatic
13increase in a health care provider's fees, except as provided in subd. 2., if the loss and
14expense experience of the fund and other sources with respect to the health care
15provider or an employe of the health care provider exceeds either a number of claims
16paid threshold or a dollar volume of claims paid threshold, both as established in the
17rule. The rule shall specify applicable amounts of increase corresponding to the
18number of claims paid and the dollar volume of awards in excess of the respective
19thresholds.".
AB36-AA16, s. 2p 20Section 2p. 655.27 (3) (bg) 2. of the statutes is repealed.
AB36-AA16, s. 2s 21Section 2s. 655.275 of the statutes is repealed.".
AB36-AA16,4,22 226. Page 4, line 20: after that line insert:
AB36-AA16,4,23 23" Section 8g. 893.82 (2) (d) 3. of the statutes is amended to read:
AB36-AA16,5,4
1893.82 (2) (d) 3. A member of the board of governors created under s. 619.04
2(3), and a member of a committee or subcommittee of that board of governors, a
3member of the patients compensation fund peer review council created under s.
4655.275 (2) and a person consulting with that council under s. 655.275 (5) (b)
.
AB36-AA16, s. 8m 5Section 8m. 895.46 (4) of the statutes is amended to read:
AB36-AA16,5,116 895.46 (4) The protection afforded by this section applies to members of the
7board of governors created under s. 619.04 (3), and members of a committee or
8subcommittee of that board of governors, members of the patients compensation
9fund peer review council created under s. 655.275 (2) and persons consulting with
10that council under s. 655.275 (5) (b),
with respect to judgments, attorney fees and
11costs awarded before, on or after April 25, 1990.
AB36-AA16, s. 9m 12Section 9m. 895.70 (5) of the statutes is amended to read:
AB36-AA16,5,1813 895.70 (5) Silence agreements. Any provision in a contract or agreement
14relating to the settlement of any claim by a patient against a therapist that limits
15or eliminates the right of the patient to disclose sexual contact by the therapist to a
16subsequent therapist, the department of regulation and licensing, the department
17of health and social services, the patients compensation fund peer review council or
18a district attorney is void.".
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