Amendment ASA1-AB100

AB100-ASA1, s. 3469 Section 3469. 619.175 of the statutes is renumbered 149.175 and amended to read:

AB100-ASA1,1826,16 149.175 Waiver or exemption from provisions prohibited. Except as provided in s. 619.13 (1) (a) 149.13 (1), the commissioner department may not waive, or authorize the board to waive, any of the requirements of this subchapter chapter or exempt, or authorize the board to exempt, an individual or a class of individuals from any of the requirements of this subchapter chapter.

AB100-ASA1, s. 3470 Section 3470. 619.18 of the statutes is renumbered 149.18 and amended to read:

AB100-ASA1,1826,21 149.18 Chapters 600 to 645 applicable. Except as otherwise provided in this subchapter chapter, the plan shall comply and be administered in compliance with chs. 600 to 645.

AB100-ASA1, s. 3471 Section 3471. 631.36 (7) (a) 2. of the statutes is amended to read:

AB100-ASA1,1827,2 631.36 (7) (a) 2. Unless the notice contains adequate instructions to the policyholder for applying for insurance through a risk-sharing plan under subch. I of ch. 619, if a risk-sharing plan exists under subch. I of ch. 619 for the kind of coverage being canceled or nonrenewed, except as provided in par. (b).

AB100-ASA1, s. 3472 Section 3472. 632.745 (1) (d) of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1,1827,13 632.745 (1) (d) "Health benefit plan" means any hospital or medical policy or certificate. "Health benefit plan" does not include accident-only, credit accident or health, dental, vision, medicare supplement, medicare replacement, long-term care, disability income or short-term insurance, coverage issued as a supplement to liability insurance, worker's compensation or similar insurance, automobile medical payment insurance, individual conversion policies, specified disease policies, hospital indemnity policies, as defined in s. 632.895 (1) (c), policies or certificates issued under the health insurance risk-sharing plan or an alternative plan under subch. II of ch. 619 149 or other insurance exempted by rule of the commissioner.

AB100-ASA1, s. 4929c Section 4929c. 632.745 (1) (f) 2. of the statutes, as created by 1995 Wisconsin Act 453, is amended to read:

AB100-ASA1,1827,22 632.745 (1) (f) 2. Notwithstanding subd. 1. b. and c., "qualifying coverage" does not include a high cost-share health plan, as defined in s. 632.898 (1) (c), 1995 stats., that is linked to a medical savings account, as described in s. 632.898, 1995 stats., if the employer that provides the individual's new coverage offers its eligible employes a choice of health benefit plan options that includes a high cost-share health plan, as defined in s. 632.898 (1) (c), 1995 stats., and the individual's new coverage is not a high cost-share health plan.

AB100-ASA1, s. 3473 Section 3473. 632.785 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1828,5 632.785 (1) (intro.) If an insurer issues one or more of the following or takes any other action based wholly or partially on medical underwriting considerations which is likely to render any person eligible under s. 619.12 149.12 for coverage under subch. II of ch. 619 149, the insurer shall notify all persons affected of the existence of the mandatory health insurance risk-sharing plan under subch. II of ch. 619 149, as well as the eligibility requirements and method of applying for coverage under the plan:

AB100-ASA1, s. 4930d Section 4930d. 632.89 (2) (a) 2. of the statutes is amended to read:

AB100-ASA1,1828,10 632.89 (2) (a) 2. Except as provided in pars. (b) to (e), coverage of conditions under subd. 1. by a policy may not be subject to exclusions or limitations, including deductibles, that are not generally applicable to other conditions covered under the policy.

AB100-ASA1, s. 4930f Section 4930f. 632.89 (2) (c) 2. a. of the statutes is amended to read:

AB100-ASA1,1828,12 632.89 (2) (c) 2. a. The expenses of the first 30 days as an inpatient in a hospital.

AB100-ASA1, s. 4930h Section 4930h. 632.89 (2) (c) 2. b. of the statutes is amended to read:

AB100-ASA1,1828,17 632.89 (2) (c) 2. b. The first $7,000 Seven thousand dollars minus a copayment of up to 10% for inpatient hospital services or, if the coverage is provided by a health maintenance organization, as defined in s. 609.01 (2), the first $6,300 or the equivalent benefits measured in services rendered.

AB100-ASA1, s. 4930pm Section 4930pm. 632.89 (2) (d) 2. of the statutes is amended to read:

AB100-ASA1,1828,23 632.89 (2) (d) 2. Except as provided in par. (b), a policy under subd. 1. shall provide coverage in every policy year for not less than the first $2,000 $7,000 minus a copayment of up to 10% for outpatient services or, if the coverage is provided by a health maintenance organization, as defined in s. 609.01 (2), the first $1,800 $6,300 or the equivalent benefits measured in services rendered.

AB100-ASA1, s. 4930rm Section 4930rm. 632.89 (2) (dm) 2. of the statutes is amended to read:

AB100-ASA1,1829,5 632.89 (2) (dm) 2. Except as provided in par. (b), a policy under subd. 1. shall provide coverage in every policy year for not less than the first $3,000 $7,000 minus a copayment of up to 10% for transitional treatment arrangements or, if the coverage is provided by a health maintenance organization, as defined in s. 609.01 (2), the first $2,700 $6,300 or the equivalent benefits measured in services rendered.

AB100-ASA1, s. 4930t Section 4930t. 632.895 (11) of the statutes is created to read:

AB100-ASA1,1829,14 632.895 (11) Procedures involving a bone, joint, muscle or tissue and intraoral splint therapy devices. (a) Every disability insurance policy, and every self-insured health plan of the state or a county, city, village, town or school district, that provides coverage of any diagnostic or surgical procedure involving a bone, joint, muscle or tissue shall provide coverage for diagnostic and surgical procedures involving a bone, joint, muscle or tissue of the face, neck, head or skeletal structure, and for prescribed intraoral splint therapy devices, for the treatment of a condition, if all of the following apply:

AB100-ASA1,1829,16 1. The condition is caused by congenital, developmental or acquired deformity, disease or injury.

AB100-ASA1,1829,19 2. Under the accepted standards of the profession of the health care provider rendering the service, the procedure or device is reasonable and appropriate for the diagnosis or treatment of the condition.

AB100-ASA1,1829,21 3. The purpose of the procedure or device is to control or eliminate infection, pain, disease or facial disfigurement or to restore functional swallowing or chewing.

AB100-ASA1,1829,24 (b) The coverage required under this subsection may be subject to any limitations, exclusions or cost-sharing provisions that apply generally under the disability insurance policy or self-insured health plan.

AB100-ASA1, s. 4930u Section 4930u. 632.895 (12) of the statutes is created to read:

AB100-ASA1,1830,5 632.895 (12) Hospital services and anesthetics for dental care. (a) Every disability insurance policy, and every self-insured health plan of the state or a county, city, village, town or school district, shall cover hospital services and anesthetics that are provided in conjunction with dental care that is provided to a covered individual in a hospital, if any of the following applies:

AB100-ASA1,1830,6 1. The individual is a child under the age of 5.

AB100-ASA1,1830,8 2. The individual has a chronic disability that meets all of the conditions under s. 230.04 (9r) (a) 2. a., b. and c.

AB100-ASA1,1830,10 3. The individual has a medical condition that requires hospitalization or general anesthesia for dental care.

AB100-ASA1,1830,13 (b) The coverage required under par. (a) may be subject to any limitations, exclusions or cost-sharing provisions that apply generally under the disability insurance policy or self-insured plan.

AB100-ASA1, s. 3474 Section 3474. 632.897 (10) (am) 2. of the statutes is amended to read:

AB100-ASA1,1830,19 632.897 (10) (am) 2. Provide family coverage under the group policy or individual policy for the individual's child, if eligible for coverage, upon application by the individual, the child's other parent, the department of health and family services workforce development or the county designee child support agency under s. 59.53 (5).

AB100-ASA1, s. 4932m Section 4932m. 632.898 (1), (2), (3), (4), (5) and (6) of the statutes are repealed.

AB100-ASA1, s. 4932n Section 4932n. 632.898 (7) of the statutes is renumbered 632.745 (1m) and amended to read:

AB100-ASA1,1831,12 632.745 (1m) (title) Repeal of exception to qualifying coverage. If the federal government enacts legislation providing for a federal income tax exemption for amounts deposited in an a medical savings account established under this section s. 632.898, 1995 stats., and for any interest, dividends or other gain that accrues in the account if redeposited in the account, the commissioner shall conduct a study, to be completed within 4 years after the enactment of the federal legislation, of individuals and groups that had coverage under a high cost-share health plan, as defined in s. 632.898 (1) (c), 1995 stats., and that terminated that coverage in order to enroll in a health benefit plan that was not a high cost-share health plan, as defined in s. 632.898 (1) (c), 1995 stats. If as a result of the study the commissioner determines that s. 632.745 (1) (f) 2. is not necessary for the purpose for which it was intended, the commissioner shall certify that determination to the revisor of statutes. Upon the certification, the revisor of statutes shall publish notice in the Wisconsin administrative register of the determination, the date of the certification and that after 30 days after the date of the certification s. 632.745 sub. (1) (f) 2. is not effective.

AB100-ASA1, s. 4943b Section 4943b. 635.254 (3) of the statutes is repealed.

AB100-ASA1, s. 4943m Section 4943m. 700.38 of the statutes is created to read:

AB100-ASA1,1831,15 700.38 Access to landlocked land. (1) In this section:

AB100-ASA1,1831,16 (a) "Acquiring entity" means any of the following:

AB100-ASA1,1831,17 1. The state or a state agency.

AB100-ASA1,1831,18 2. A local governmental unit.

AB100-ASA1,1831,20 3. An organization that has received a grant or loan from a state agency or a local governmental unit.

AB100-ASA1,1831,21 (b) "Local governmental unit" has the meaning given in s. 30.94 (1) (c).

AB100-ASA1,1831,22 (c) "State agency" has the meaning given in s. 23.175 (1) (b).

AB100-ASA1,1832,2 (2) If an acquiring entity acquires land and, as a result of the acquisition, the owner of land adjacent to the land acquired by the acquiring entity is not permitted any access to the owner's land, the acquiring entity, upon request of the owner, shall provide to the owner a right of access to the owner's land.

AB100-ASA1, s. 3475 Section 3475. 703.16 (6) (e) of the statutes is amended to read:

AB100-ASA1,1832,4 703.16 (6) (e) A lien under s. 292.31 (8) (i), 292.41 (6) (d) or 292.81.

AB100-ASA1, s. 3476 Section 3476. 706.11 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1832,10 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under s. ss. 292.31 (8) (i), 292.41 (6) (d) and 292.81:

AB100-ASA1, s. 3477 Section 3477. 707.37 (4) (d) of the statutes is amended to read:

AB100-ASA1,1832,12 707.37 (4) (d) A lien under s. 292.31 (8) (i), 144.77 292.41 (6) (d) or 292.81.

AB100-ASA1, s. 3478 Section 3478. 758.19 (3) of the statutes is repealed.

AB100-ASA1, s. 3479 Section 3479. 767.001 (2) (b) of the statutes is amended to read:

AB100-ASA1,1832,17 767.001 (2) (b) With respect to the department of health and family services or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).

AB100-ASA1, s. 3480 Section 3480. 767.001 (7) of the statutes is repealed.

AB100-ASA1, s. 3481 Section 3481. 767.02 (1) (m) of the statutes is amended to read:

AB100-ASA1,1832,22 767.02 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2).

AB100-ASA1, s. 3482 Section 3482. 767.025 (3) of the statutes is repealed.

AB100-ASA1, s. 3483 Section 3483. 767.025 (4) of the statutes is amended to read:

AB100-ASA1,1833,9 767.025 (4) If a petition, motion or order to show cause for enforcement or modification of a child support, family support or maintenance order is filed and heard, regardless of whether it is filed and heard in a county other than the county in which the original judgment or order was rendered, any judgment or order enforcing or modifying the original judgment or order shall specify the clerk of circuit court or support collection designee to whom that payments of support or maintenance are payable and the clerk of circuit court or support collection designee to whom, and payments of arrearages in support or maintenance, if any, are payable to the department or its designee, whichever is appropriate.

AB100-ASA1, s. 3484 Section 3484. 767.077 (intro.) of the statutes is amended to read:

AB100-ASA1,1833,15 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s) or 49.19 (4) (h) 1. b. if all of the following apply:

AB100-ASA1, s. 3485 Section 3485. 767.08 (3) of the statutes is amended to read:

AB100-ASA1,1834,2 767.08 (3) If the state or any subdivision thereof furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody or nonlegally responsible relative fails or refuses to institute an appropriate court action under this chapter to provide for the same, the person in charge of county welfare activities, the county child support program designee agency under s. 59.53 (5) or the department is a real party in interest under s. 767.075 and shall initiate an action under this section, for the purpose of obtaining support and maintenance. Any attorney employed by the state or any subdivision thereof may initiate an action under this section. The title of the action shall be "In re the support or maintenance of A.B. (Child)".

AB100-ASA1, s. 3486 Section 3486. 767.15 (1) of the statutes is amended to read:

AB100-ASA1,1834,11 767.15 (1) In any action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family court commissioner to order, or to modify a previous order, relating to child support, maintenance or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the county child support program designee agency under s. 59.53 (5) of the county in which the action is begun.

AB100-ASA1, s. 3487 Section 3487. 767.25 (1g) of the statutes is amended to read:

AB100-ASA1,1834,16 767.25 (1g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department, or the county child and spousal support agency, under s. 49.22 (2m) 59.53 (5).

AB100-ASA1, s. 3488 Section 3488. 767.25 (4m) (c) 1. of the statutes is amended to read:

AB100-ASA1,1835,8 767.25 (4m) (c) 1. In directing the manner of payment of a child's health care expenses, the court may order that payment, including payment for health insurance premiums, be withheld from income and sent to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the clerk of court or support collection department or its designee, whichever is appropriate, for disbursement to the person for whom the payment has been awarded if that person is not a health care insurer, provider or plan. If the court orders income withholding and assignment for the payment of health care expenses, the court shall send notice of assignment in the manner provided under s. 767.265 (2r) and may include the notice of assignment under this subdivision with a notice of assignment under s. 767.265. The clerk of court department or its designee, whichever is appropriate, shall keep a record of all moneys received and disbursed by the clerk department or its designee for health care expenses that are directed to be paid to the clerk and the support collection designee shall keep a record of all moneys received and disbursed by the support collection designee for health care expenses that are directed to be paid to the support collection department or its designee.

AB100-ASA1, s. 3489 Section 3489. 767.25 (4m) (d) 2. of the statutes is amended to read:

AB100-ASA1,1835,12 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department or the county designee child support agency under s. 59.53 (5).

AB100-ASA1, s. 3490 Section 3490. 767.25 (6) (intro.) of the statutes is amended to read:

AB100-ASA1,1835,21 767.25 (6) (intro.) A party ordered to pay child support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd month after the month in which the amount was due. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection department or its designee, whichever is appropriate, shall apply all payments received for child support as follows:

AB100-ASA1, s. 3491 Section 3491. 767.25 (6) (a) of the statutes is amended to read:

AB100-ASA1,1836,3 767.25 (6) (a) First, to payment of child support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection department or its designee, whichever is appropriate, shall first apply child support payments received to payment of child support due within the calendar month during which the payment is received.

AB100-ASA1, s. 3492 Section 3492. 767.261 (intro.) of the statutes is amended to read:

AB100-ASA1,1836,14 767.261 Family support. (intro.) The court may make a financial order designated "family support" as a substitute for child support orders under s. 767.25 and maintenance payment orders under s. 767.26. A party ordered to pay family support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd month after the month in which the amount was due. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection department or its designee, whichever is appropriate, shall apply all payments received for family support as follows:

AB100-ASA1, s. 3493 Section 3493. 767.261 (1) of the statutes is amended to read:

AB100-ASA1,1836,21 767.261 (1) First, to payment of family support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection department or its designee, whichever is appropriate, shall first apply family support payments received to payment of family support due within the calendar month during which the payment is received.

AB100-ASA1, s. 3494 Section 3494. 767.262 (4) (b) of the statutes is amended to read:

AB100-ASA1,1837,5 767.262 (4) (b) The court may order payment of costs under this section by a county the department or its designee, whichever is appropriate, in an action in which the court finds that the record of payments and arrearages kept by the clerk of court under s. 59.40 (2) (h) or the support collection department or its designee under s. 59.07 (97m) (b) 1. is substantially incorrect and that the clerk of court or support collection department or its designee has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

AB100-ASA1, s. 4985c Section 4985c. 767.263 of the statutes is amended to read:

AB100-ASA1,1837,19 767.263 Notice of change of employer; change of address; change in ability to pay. Each order for child support, family support or maintenance payments shall include an order that the payer and payee notify the clerk of court or support collection designee, whichever is appropriate, county child support agency under s. 59.53 (5) of any change of address within 10 days of such change. Each order for child support, family support or maintenance payments shall also include an order that the payer notify the clerk of court or support collection designee, county child support agency under s. 59.53 (5) within 10 days, of any change of employer and of any substantial change in the amount of his or her income such that his or her ability to pay child support, family support or maintenance is affected. The order shall also include a statement that clarifies that notification of any substantial change in the amount of the payer's income will not result in a change of the order unless a revision of the order is sought.

AB100-ASA1, s. 3495 Section 3495 . 767.265 (1) of the statutes is amended to read: