Amendment ASA1-AB100

AB100-ASA1,1807,9 149.10 (5) "Insurer" means any person or association of persons, including a health maintenance organization, limited service health organization or preferred provider plan offering or insuring health services on a prepaid basis, including, but not limited to, policies of health insurance issued by a currently licensed insurer, as defined in s. 600.03 (27), nonprofit hospital or medical service plans under ch. 613, cooperative medical service plans under s. 185.981, or other entity whose primary function is to provide diagnostic, therapeutic or preventive services to a defined population in return for a premium paid on a periodic basis. "Insurer" includes any person providing health services coverage for individuals on a self-insurance basis without the intervention of other entities, as well as any person providing health insurance coverage under a medical reimbursement plan to persons. "Insurer" does not include a plan under ch. 613 which offers only dental care.

AB100-ASA1, s. 3409 Section 3409. 619.10 (6) and (7) of the statutes are renumbered 149.10 (6) and (7).

AB100-ASA1, s. 3410 Section 3410. 619.10 (8) of the statutes is renumbered 149.10 (8) and amended to read:

AB100-ASA1,1807,15 149.10 (8) "Plan" means the health care insurance plan established and administered under this subchapter chapter.

AB100-ASA1, s. 3411 Section 3411. 619.10 (9) of the statutes is renumbered 149.10 (9) and amended to read:

AB100-ASA1,1808,3 149.10 (9) "Resident" means a person who has been legally domiciled in this state for a period of at least 30 days or, with respect to an eligible individual, an individual who resides in this state. For purposes of this subchapter chapter, legal domicile is established by living in this state and obtaining a Wisconsin motor vehicle operator's license, registering to vote in Wisconsin or filing a Wisconsin income tax return. A child is legally domiciled in this state if the child lives in this state and if at least one of the child's parents or the child's guardian is legally domiciled in this state. A person with a developmental disability or another disability which prevents the person from obtaining a Wisconsin motor vehicle operator's license, registering to vote in Wisconsin, or filing a Wisconsin income tax return, is legally domiciled in this state by living in this state for 30 days.

AB100-ASA1, s. 3412 Section 3412. 619.11 of the statutes is renumbered 149.11 and amended to read:

AB100-ASA1,1808,9 149.11 (title) Establishment Operation of plan. The commissioner department shall promulgate rules establishing for the operation of a plan of health insurance coverage for an eligible person which satisfies the requirements of this chapter.

AB100-ASA1, s. 4825c Section 4825c. 619.115 of the statutes is created to read:

AB100-ASA1,1808,15 619.115 Rules relating to creditable coverage. The commissioner shall promulgate rules that specify how creditable coverage is to be aggregated for purposes of s. 619.10 (2t) (a) and that determine the creditable coverage to which s. 619.10 (2t) (b) and (d) applies. The rules shall comply with section 2701 (c) of P.L. 104-191.

AB100-ASA1, s. 4825f Section 4825f. 619.115 of the statutes, as created by 1997 Wisconsin Act .... (this act), is renumbered 149.115 and amended to read:

AB100-ASA1,1808,22 149.115 Rules relating to creditable coverage. The commissioner, in consultation with the department, shall promulgate rules that specify how creditable coverage is to be aggregated for purposes of s. 619.10 149.10 (2t) (a) and that determine the creditable coverage to which s. 619.10 149.10 (2t) (b) and (d) applies. The rules shall comply with section 2701 (c) of P.L. 104-191.

AB100-ASA1, s. 3413 Section 3413. 619.12 (title) of the statutes is renumbered 149.12 (title).

AB100-ASA1, s. 3414 Section 3414. 619.12 (1) of the statutes is renumbered 149.12 (1), and 149.12 (1) (intro.), as renumbered, is amended to read:

AB100-ASA1,1809,8 149.12 (1) (intro.) Except as provided in subs. (1m) and (2), the board or administering carrier plan administrator shall certify as eligible a person who is covered by medicare because he or she is disabled under 42 USC 423, a person who submits evidence that he or she has tested positive for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, a person who is an eligible individual, and any person who receives and submits any of the following based wholly or partially on medical underwriting considerations within 9 months prior to making application for coverage by the plan:

AB100-ASA1, s. 3415 Section 3415. 619.12 (1m) (intro) and (a) of the statutes are consolidated, renumbered 149.12 (1m) and amended to read:

AB100-ASA1,1809,14 149.12 (1m) The board or administering carrier plan administrator may not certify a person as eligible under circumstances requiring notice under sub. (1) (a) to (d) if the required notices were issued by one of the following: (a) An an insurance intermediary who is not acting as an administrator, as defined in s. 633.01.

AB100-ASA1, s. 3416 Section 3416. 619.12 (1m) (b) of the statutes is repealed.

AB100-ASA1, s. 4830b Section 4830b. 619.12 (2) (b) of the statutes is renumbered 149.12 (2) (b) and amended to read:

AB100-ASA1,1809,21 149.12 (2) (b) 1. Except as provided in subd. 2., no person who is covered under the plan and who voluntarily terminates the coverage under the plan, is again eligible for coverage unless 12 months have elapsed since the person's latest voluntary termination of coverage under the plan.

AB100-ASA1,1809,24 2. Subdivision 1. does not apply to any person who is an eligible individual or to any person who terminates coverage under the plan because he or she is receiving, or is eligible to receive, medical assistance benefits.

AB100-ASA1, s. 4830c Section 4830c. 619.12 (2) (c) of the statutes is renumbered 149.12 (2) (c) and amended to read:

AB100-ASA1,1810,4 149.12 (2) (c) No person on whose behalf the plan has paid out $500,000 $1,000,000 or more is eligible for coverage under the plan.

AB100-ASA1, s. 4830d Section 4830d. 619.12 (2) (d) of the statutes is renumbered 149.12 (2) (d) and amended to read:

AB100-ASA1,1810,8 149.12 (2) (d) No Except for a person who is an eligible individual, no person who is 65 years of age or older is eligible for coverage under the plan.

AB100-ASA1, s. 4830e Section 4830e. 619.12 (2) (e) 1. of the statutes is renumbered 149.12 (2) (e) and amended to read:

AB100-ASA1,1810,13 149.12 (2) (e) Except as provided in subd. 2., no No person who is eligible for health care benefits creditable coverage provided by an employer on a self-insured basis or through health insurance is eligible for coverage under the plan.

AB100-ASA1, s. 4830f Section 4830f. 619.12 (2) (e) 2. of the statutes is repealed.

AB100-ASA1, s. 4830g Section 4830g. 619.12 (2) (e) 3. of the statutes is repealed.

AB100-ASA1, s. 3417 Section 3417. 619.12 (3) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 149.12 (3), and 149.12 (3) (c), as renumbered, is amended to read:

AB100-ASA1,1810,22 149.12 (3) (c) The commissioner, in consultation with the board, department may promulgate rules specifying other deductible or coinsurance amounts that, if paid or reimbursed for persons, will not make the persons ineligible for coverage under the plan.

AB100-ASA1, s. 4831c Section 4831c. 619.12 (3) (a) of the statutes is amended to read:

AB100-ASA1,1811,4 619.12 (3) (a) Except as provided in pars. (b) and to (c), no person is eligible for coverage under the plan for whom a premium, deductible or coinsurance amount is paid or reimbursed by a federal, state, county or municipal government or agency as of the first day of any term for which a premium amount is paid or reimbursed and as of the day after the last day of any term during which a deductible or coinsurance amount is paid or reimbursed.

AB100-ASA1, s. 4831e Section 4831e. 619.12 (3) (bm) of the statutes is created to read:

AB100-ASA1,1811,8 619.12 (3) (bm) Persons for whom premium costs for health insurance coverage are subsidized under s. 252.16 are not ineligible for coverage under the plan by reason of such payments.

AB100-ASA1, s. 4832b Section 4832b. 619.123 of the statutes is repealed.

AB100-ASA1, s. 3418 Section 3418. 619.125 of the statutes is renumbered 149.125 and amended to read:

AB100-ASA1,1811,14 149.125 Health insurance risk-sharing plan fund. There is created a health insurance risk-sharing plan fund, under the management of the board department, to fund administrative expenses.

AB100-ASA1, s. 3419 Section 3419. 619.13 (title) of the statutes is renumbered 149.13 (title).

AB100-ASA1, s. 3420 Section 3420. 619.13 (1) (a) of the statutes is renumbered 149.13 (1) and amended to read:

AB100-ASA1,1811,22 149.13 (1) Every insurer shall participate in the cost of administering the plan, except the commissioner may by rule exempt as a class those insurers whose share as determined under par. (b) sub. (2) would be so minimal as to not exceed the estimated cost of levying the assessment. The commissioner shall advise the department of the insurers participating in the cost of administering the plan.

AB100-ASA1, s. 3421 Section 3421. 619.13 (1) (b) of the statutes is renumbered 149.13 (2) and amended to read:

AB100-ASA1,1812,6 149.13 (2) Except as provided by a rule promulgated under s. 619.145 (4), every Every participating insurer shall share in the operating, administrative and subsidy expenses of the plan in proportion to the ratio of the insurer's total health care coverage revenue for residents of this state during the preceding calendar year to the aggregate health care coverage revenue of all participating insurers for residents of this state during the preceding calendar year, as determined by the commissioner.

AB100-ASA1, s. 3422 Section 3422. 619.13 (1) (c) of the statutes is repealed.

AB100-ASA1, s. 3423 Section 3423. 619.13 (1) (d) of the statutes is renumbered 149.13 (3) and amended to read:

AB100-ASA1,1812,14 149.13 (3) (a) Each insurer's proportion of participation under par. (b) sub. (2) shall be determined annually by the commissioner based on annual statements and other reports filed by the insurer with the commissioner. The commissioner shall assess an insurer for the insurer's proportion of participation based on the total assessments estimated by the department under s. 149.143 (2) (a) 2.

AB100-ASA1,1812,21 (b) If the department or the commissioner finds that the commissioner's authority to require insurers to report under chs. 600 to 646 and 655 is not adequate to permit the department, the commissioner or the board to carry out the department's, commissioner's or the board's responsibilities under this subchapter chapter, the commissioner may shall promulgate rules requiring insurers to report the information necessary for the department, commissioner and the board to make the determinations required under this subchapter chapter.

AB100-ASA1, s. 4839c Section 4839c. 619.13 (2) of the statutes is repealed.

AB100-ASA1, s. 4840c Section 4840c. 619.135 (title) of the statutes is renumbered 149.144 (title) and amended to read:

AB100-ASA1,1813,2 149.144 (title) Insurer assessments and provider discounts for premium and deductible reductions.

AB100-ASA1, s. 4841c Section 4841c. 619.135 (1) of the statutes is repealed.

AB100-ASA1, s. 4845c Section 4845c. 619.135 (2) of the statutes is renumbered 149.144 and amended to read:

AB100-ASA1,1813,19 149.144 If the moneys under s. 20.145 (7) (a) and (g) 20.435 (5) (ah) are insufficient to reimburse the plan for premium reductions under s. 619.165 149.165 and deductible reductions under s. 619.14 149.14 (5) (a), or the commissioner department determines that the moneys under s. 20.145 (7) (a) and (g) 20.435 (5) (ah) will be insufficient to reimburse the plan for premium reductions under s. 619.165 149.165 and deductible reductions under s. 619.14 149.14 (5) (a), the commissioner department shall, by rule, increase in equal proportions the amount of the assessment under sub. (1) (a) or levy an assessment against every insurer, or a combination of both, set under s. 149.143 (2) (a) 2. and the provider charges discount rate set under s. 149.143 (2) (a) 3., subject to s. 149.143 (1) (b) 1., sufficient to reimburse the plan for premium reductions under s. 619.165 149.165 and deductible reductions under s. 619.14 149.14 (5) (a). The department shall notify the commissioner so that the commissioner may levy the increase in the insurer assessments.

AB100-ASA1, s. 4846b Section 4846b. 619.135 (3) of the statutes is repealed.

AB100-ASA1, s. 3424 Section 3424. 619.14 (title) of the statutes is renumbered 149.14 (title).

AB100-ASA1, s. 3425 Section 3425. 619.14 (1) of the statutes is renumbered 149.14 (1), and 149.14 (1) (b), as renumbered, is amended to read:

AB100-ASA1,1814,3 149.14 (1) (b) If an individual terminates medical assistance coverage and applies for coverage under the plan within 45 days after the termination and is subsequently found to be eligible under s. 619.12 149.12, the effective date of coverage for the eligible person under the plan shall be the date of termination of medical assistance coverage.

AB100-ASA1, s. 3426 Section 3426. 619.14 (2) of the statutes is renumbered 149.14 (2), and 149.14 (2) (a), as renumbered, is amended to read:

AB100-ASA1,1814,12 149.14 (2) (a) The plan shall provide every eligible person who is not eligible for medicare with major medical expense coverage. Major medical expense coverage offered under the plan under this section shall pay an eligible person's covered expenses, subject to sub. (3) and deductible and coinsurance payments authorized under sub. (5), up to a lifetime limit of $500,000 $1,000,000 per covered individual. The maximum limit under this paragraph shall not be altered by the board, and no actuarially equivalent benefit may be substituted by the board.

AB100-ASA1, s. 3427 Section 3427. 619.14 (3) of the statutes is renumbered 149.14 (3), and 149.14 (3) (intro.) and (c) 3., as renumbered, are amended to read:

AB100-ASA1,1814,25 149.14 (3) Covered expenses. (intro.) Except as restricted by cost containment provisions under s. 619.17 149.17 (4) and except as reduced by the board under s. 619.15 149.15 (3) (e) or by the department under s. 149.143 (2) (a) 3. or (3) or 149.144, covered expenses for the coverage under this section shall be the usual and customary charges for the services provided by persons licensed under ch. 446. Except as restricted by cost containment provisions under s. 619.17 149.17 (4) and except as reduced by the board under s. 619.15 149.15 (3) (e) or by the department under s. 149.143 (2) (a) 3. or (3) or 149.144, covered expenses for the coverage under this section shall also be the usual and customary charges for the following services and articles when prescribed by a physician licensed under ch. 448 or in another state:

AB100-ASA1,1815,3 (c) 3. Subject to the limits under subd. 2. and to rules promulgated by the commissioner department, services for the chronically mentally ill in community support programs operated under s. 51.421.

AB100-ASA1, s. 3428 Section 3428. 619.14 (4) of the statutes is renumbered 149.14 (4), and 149.14 (4) (intro.) and (m), as renumbered, are amended to read:

AB100-ASA1,1815,7 149.14 (4) Exclusions. (intro.) Covered expenses for the coverage under this section shall not include the following:

AB100-ASA1,1815,9 (m) Experimental treatment, as determined by the board or its designee department.

AB100-ASA1, s. 4852c Section 4852c. 619.14 (5) (title) of the statutes is renumbered 149.14 (5) (title) and amended to read:

AB100-ASA1,1815,12 149.14 (5) (title) Premiums, deductibles Deductibles and coinsurance.

AB100-ASA1, s. 3429 Section 3429. 619.14 (5) (a) of the statutes is renumbered 149.14 (5) (a) and amended to read:

AB100-ASA1,1816,6 149.14 (5) (a) The plan shall offer a deductible in combination with appropriate premiums determined under this subchapter chapter for major medical expense coverage required under this section. For coverage offered to those persons eligible for medicare, the plan shall offer a deductible equal to the deductible charged by part A of title XVIII of the federal social security act, as amended. The deductible amounts for all other eligible persons shall be dependent upon household income as determined under s. 619.165 149.165. For eligible persons under s. 619.165 (1) (b) 1. 149.165 (2) (a), the deductible shall be $500. For eligible persons under s. 619.165 (1) (b) 2. 149.165 (2) (b), the deductible shall be $600. For eligible persons under s. 619.165 (1) (b) 3. 149.165 (2) (c), the deductible shall be $700. For eligible persons under s. 619.165 (1) (b) 4. 149.165 (2) (d), the deductible shall be $800. For all other eligible persons who are not eligible for medicare, the deductible shall be $1,000. With respect to all eligible persons, expenses used to satisfy the deductible during the last 90 days of a calendar year shall also be applied to satisfy the deductible for the following calendar year. The schedule of premiums shall be promulgated by rule by the commissioner. The commissioner shall set rates at 60% of the operating and administrative costs of the plan.

AB100-ASA1, s. 4854c Section 4854c. 619.14 (5) (b) of the statutes is renumbered 149.14 (5) (b).

AB100-ASA1, s. 4855c Section 4855c. 619.14 (5) (c) of the statutes is renumbered 149.14 (5) (c)

AB100-ASA1, s. 3430 Section 3430. 619.14 (5) (d) of the statutes is renumbered 149.14 (5) (d) and amended to read:

AB100-ASA1,1816,16 149.14 (5) (d) Notwithstanding pars. (a) to (c), the board department may establish different deductible amounts, a different coinsurance percentage and different covered costs and deductible aggregate amounts from those specified in pars. (a) to (c) in accordance with cost containment provisions established by the commissioner department under s. 619.17 (4) (a) and for individuals who enroll in an alternative plan under s. 619.145 149.17 (4).

AB100-ASA1, s. 4856v Section 4856v. 619.14 (5) (e) of the statutes is amended to read:

AB100-ASA1,1816,23 619.14 (5) (e) Using the procedure under s. 227.24, the commissioner may promulgate rules under par. (a) or s. 619.146 (2) (b) for the schedule of premiums for the period before the effective date of any permanent rules promulgated under par. (a) or s. 619.146 (2) (b) for the schedule of premiums, but not to exceed the period authorized under s. 227.24 (1) (c) and (2). Notwithstanding s. 227.24 (1) and (3), the commissioner is not required to make a finding of emergency.

AB100-ASA1, s. 4857c Section 4857c. 619.14 (5) (e) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100-ASA1, s. 4858b Section 4858b. 619.14 (6) of the statutes is renumbered 619.14 (6) (a) and amended to read:

AB100-ASA1,1817,6 619.14 (6) (a) No Except as provided in par. (b), no person who obtains coverage under the plan may be covered for any preexisting condition during the first 6 months of coverage under the plan if the person was diagnosed or treated for that condition during the 6 months immediately preceding the filing of an application with the plan.

AB100-ASA1, s. 4858c Section 4858c. 619.14 (6) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is renumbered 149.14 (6).

AB100-ASA1, s. 4858d Section 4858d. 619.14 (6) (b) of the statutes is created to read:

AB100-ASA1,1817,15 619.14 (6) (b) An eligible individual who obtains coverage under the plan on or after the effective date of this paragraph .... [revisor inserts date], may not be subject to any preexisting condition exclusion under the plan. An eligible individual who is covered under the plan on the effective date of this paragraph .... [revisor inserts date], may not be subject to any preexisting condition exclusion on or after the effective date of this paragraph .... [revisor inserts date].

AB100-ASA1, s. 3431 Section 3431. 619.14 (7) of the statutes is renumbered 149.14 (7), and 149.14 (7) (b) and (c), as renumbered, are amended to read:

AB100-ASA1,1817,21 149.14 (7) (b) The board department has a cause of action against an eligible participant for the recovery of the amount of benefits paid which are not for covered expenses under the plan. Benefits under the plan may be reduced or refused as a setoff against any amount recoverable under this paragraph.

AB100-ASA1,1817,25 (c) The board department is subrogated to the rights of an eligible person to recover special damages for illness or injury to the person caused by the act of a 3rd person to the extent that benefits are provided under the plan. Section 814.03 (3) applies to the department under this paragraph.

AB100-ASA1, s. 3432 Section 3432. 619.145 of the statutes is repealed.

AB100-ASA1, s. 4860c Section 4860c. 619.146 of the statutes is created to read:

AB100-ASA1,1818,6 619.146 Choice of coverage. (1) (a) Beginning on January 1, 1998, in addition to the coverage required under s. 619.14, the plan shall offer to all eligible persons a choice of coverage, as described in section 2744 (a) (1) (C) of P.L. 104-191. Any such choice of coverage shall be major medical expense coverage.

AB100-ASA1,1818,15 (b) An eligible person may elect once each year, at the time and according to procedures established by the board, among the coverages offered under this section and s. 619.14. If an eligible person elects new coverage, any preexisting condition exclusion imposed under the new coverage is met to the extent that the eligible person has been previously and continuously covered under this subchapter. No preexisting condition exclusion may be imposed on an eligible person who elects new coverage if the person was an eligible individual when first covered under this subchapter and the person remained continuously covered under this subchapter up to the time of electing new coverage.

AB100-ASA1,1818,19 (2) (a) Except as specified by the board, the terms of coverage under s. 619.14, including deductible reductions under s. 619.14 (5) (a), do not apply to the coverage offered under this section. Premium reductions under s. 619.165 do not apply to the coverage offered under this section.