AB100-ASA1-AA8,477,1212
635.02
(9) "Small group market" has the meaning given in s. 632.745 (26).
AB100-ASA1-AA8, s. 4932y
14Section 4932y. 635.11 of the statutes is renumbered 635.11 (1m), and 635.11
15(1m) (intro.), as renumbered, is amended to read:
AB100-ASA1-AA8,477,1816
635.11
(1m) (intro.) Before the sale of a plan or policy subject to this
subchapter 17chapter, a small employer insurer shall disclose to a small employer all of the
18following:
AB100-ASA1-AA8,477,2120
635.11
(1m) (e) As part of the small employer insurer's solicitation and sales
21materials, the availability of the information under par. (f).
AB100-ASA1-AA8,477,2423
635.11
(1m) (f) Upon the request of the small employer, the following
24information:
AB100-ASA1-AA8,478,2
11. The provisions, if any, of the plan or policy relating to preexisting condition
2exclusions.
AB100-ASA1-AA8,478,43
2. The benefits and premiums available under all health insurance coverage
4offered by the small employer insurer for which the small employer is qualified.
AB100-ASA1-AA8,478,96
635.11
(2m) Information required to be disclosed under this section shall be
7provided in a manner that is understandable to a small employer and shall be
8sufficient to reasonably inform a small employer of the small employer's rights and
9obligations under the health insurance coverage.
AB100-ASA1-AA8,478,1311
635.11
(3m) A small employer insurer is not required under this section to
12disclose information that is proprietary or trade secret information under applicable
13law.
AB100-ASA1-AA8,478,1915
635.13
(1) Records. A small employer insurer shall maintain at its principal
16place of business complete and detailed records relating to its rating methods and
17practices and its renewal underwriting methods and practices, and shall make the
18records available to the commissioner
and the small employer insurance board upon
19request.
AB100-ASA1-AA8,479,221
635.18
(1) Every small employer insurer shall actively market health benefit
22plan coverage
, including basic health benefit plans, to small employers in the state.
23If a small employer insurer denies coverage to a small employer under a health
24benefit plan that is not a basic health benefit plan on the basis of the health status
25or claims experience of the small employer or its eligible employes or their
1dependents, the small employer insurer shall offer the small employer the
2opportunity to purchase a basic health benefit plan.
AB100-ASA1-AA8,479,95
635.18
(7) A 3rd-party administrator that enters into a contract, agreement
6or other arrangement with a small employer insurer to provide administrative,
7marketing or other services related to the offering of health benefit plans to small
8employers in this state is subject to this
subchapter
chapter as if it were a small
9employer insurer.
AB100-ASA1-AA8,479,13
11635.19 Issuance of coverage in small group market. (1) (a) Except as
12provided in subs. (2) to (6), a small employer insurer that offers a group health benefit
13plan in the small group market shall do all of the following:
AB100-ASA1-AA8,479,1414
1. Accept any small employer in the state that applies for such coverage.
AB100-ASA1-AA8,479,1715
2. Accept for enrollment under such coverage any eligible individual who
16applies for enrollment during the period in which the individual first becomes
17eligible to enroll under the terms of the group health benefit plan.
AB100-ASA1-AA8,479,1918
3. Place no restriction on an eligible individual under par. (b) that is
19inconsistent with s. 632.746 or 632.748.
AB100-ASA1-AA8,479,2220
(b) For purposes of this section, whether an individual is an "eligible
21individual" in relation to a small employer shall be determined in accordance with
22all of the following:
AB100-ASA1-AA8,479,2423
1. The terms of the group health benefit plan under which the individual is
24applying for enrollment.
AB100-ASA1-AA8,480,3
12. Rules of the small employer insurer offering the group health benefit plan
2under which the individual is applying for enrollment, which rules must apply
3uniformly in this state to small employers in the small group market.
AB100-ASA1-AA8,480,54
3. All state laws that apply to small employer insurers and the small group
5market.
AB100-ASA1-AA8,480,7
6(2) (a) A small employer insurer that offers a group health benefit plan in the
7small group market through a network plan may do any of the following:
AB100-ASA1-AA8,480,98
1. Limit the small employers that may apply for such coverage to those with
9eligible individuals who reside, live or work in the service area of the network plan.
AB100-ASA1-AA8,480,1210
2. Within the service area of the network plan, deny such coverage to small
11employers if the small employer insurer demonstrates to the commissioner all of the
12following:
AB100-ASA1-AA8,480,1513
a. That the insurer does not have the capacity to deliver services adequately
14to enrollees of any additional groups because of its obligations to existing group
15contract holders and enrollees.
AB100-ASA1-AA8,480,1916
b. That the insurer is applying this subdivision uniformly to all small
17employers without regard to the claims experience of those small employers or their
18employes or employes' dependents or any other health status-related factor of those
19employes or their dependents.
AB100-ASA1-AA8,480,2220
(b) A small employer insurer that denies coverage under par. (a) 2. in any
21service area may not offer coverage in the small group market in that service area
22for 180 days after the date on which the coverage was denied.
AB100-ASA1-AA8,481,2
23(3) (a) A small employer insurer that offers a group health benefit plan in the
24small group market may deny small employers coverage under such a plan in the
1small group market if the small employer insurer demonstrates to the commissioner
2all of the following:
AB100-ASA1-AA8,481,43
1. That the insurer does not have the financial reserves necessary to
4underwrite additional coverage.
AB100-ASA1-AA8,481,95
2. That the insurer is applying this paragraph uniformly to all small employers
6in the small group market in the state in accordance with applicable state law and
7without regard to the claims experience of those small employers or their employes
8or employes' dependents or any other health status-related factor of those employes
9or their dependents.
AB100-ASA1-AA8,481,1410
(b) A small employer insurer that denies coverage under par. (a) may not offer
11a group health benefit plan in the small group market in the state for 180 days after
12the date on which the coverage was denied or until the insurer demonstrates to the
13commissioner that the insurer has sufficient financial reserves to underwrite
14additional coverage, whichever is later.
AB100-ASA1-AA8,481,17
15(4) Subsection (1) shall not be construed to preclude a small employer insurer
16from establishing, for the offering of a group health benefit plan in the small group
17market, any of the following:
AB100-ASA1-AA8,481,2018
(a) Rules or requirements relating to the minimum level or amount of small
19employer contribution toward the premium for the enrollment of participants and
20beneficiaries.
AB100-ASA1-AA8,481,2321
(b) Rules or requirements relating to the minimum number or percentage of
22participants or beneficiaries that must be enrolled in relation to a specified number
23or percentage of eligible individuals or employes of a small employer.
AB100-ASA1-AA8,481,25
24(5) Subsection (1) does not apply to a group health benefit plan offered by a
25small employer insurer in the small group market if all of the following apply:
AB100-ASA1-AA8,482,2
1(a) The group health benefit plan is offered in the small group market only
2through one or more bona fide associations.
AB100-ASA1-AA8,482,63
(b) The small employer insurer offering the group health benefit plan makes
4the coverage available to all members of a bona fide association regardless of any
5health status-related factors of the members or individuals eligible for coverage
6through the members.
AB100-ASA1-AA8,482,97
(c) The small employer insurer offering the group health benefit plan complies
8with any rules of the commissioner that are reasonably designed to prevent the use
9of an association for risk segmentation.
AB100-ASA1-AA8,482,12
10(6) The commissioner may by rule permit an exception to sub. (1) with respect
11to a small employer for which coverage is nonrenewed or discontinued for a reason
12specified under s. 632.749 (2) (a) or (b).
AB100-ASA1-AA8,483,319
706.13
(1) In addition to any criminal penalty or civil remedy provided by law,
20any person who submits for filing, entering in the judgment and lien docket or
21recording, any lien, claim of lien, lis pendens, writ of attachment
, financing
22statement or any other instrument relating to
a security interest in or the title
in to 23real or personal property,
knowing and who knows or should have known that the
24contents or any part of the contents
to be of the instrument are false,
a sham or
1frivolous, is liable in tort to any person interested in the property whose title is
2thereby impaired, for punitive damages of $1,000 plus any actual damages caused
3by the filing, entering or recording.".
AB100-ASA1-AA8,483,76
753.06
(8) (e) Oconto county. The circuit has one branch.
Commencing August
71, 1998, the circuit has 2 branches.".
AB100-ASA1-AA8,483,1610
755.09
(1) Every judge shall keep his or her office and hold court
only in the
11municipal hall of the town, village or city in which elected or if no room is available
12in the municipal hall, in any adequate facility provided by the governing body
may
13authorize him or her to temporarily keep office and hold court elsewhere in the
14municipality of the city, village or town, other than at a place prohibited under sub.
15(2). The judge may issue process or perform ministerial functions at any place in the
16county.
AB100-ASA1-AA8,484,5
18755.19 Municipal court commissioners.
(1) Appointment. First class cities
19may create the office of municipal court commissioner. The municipal court
20commissioner shall be an attorney licensed to practice in this state and shall
21complete annual educational credits consistent with supreme court requirements for
22municipal judges. The common council shall establish the number of positions and
23set the term, the additional qualifications and the compensation for the office. The
24presiding judge of the municipal court shall be the appointing authority and may
1terminate the employment of a municipal court commissioner at will and without
2cause. The municipal court commissioner shall be supervised by the judge whose
3cases the commissioner is hearing. Each municipal court commissioner shall take
4and file the official oath in the office of the clerk of the municipal court of the 1st class
5city for which appointed before performing any duty of the office.
AB100-ASA1-AA8,484,7
6(2) Powers and duties. Under the supervision of a municipal judge, a
7municipal court commissioner may do all of the following:
AB100-ASA1-AA8,484,128
(a) Under ss. 800.04 and 800.095 (4) and (5), conduct initial appearances and
9receive noncontested forfeiture pleas, order the revocation or suspension of driving
10privileges and impose forfeitures, impose community service and restitution
11according to the schedule adopted by the municipal court where appointed, and issue
12dispositional and sanction orders pursuant to ch. 938.
AB100-ASA1-AA8,484,1313
(b) Issue warrants for those who do not appear as scheduled or as summoned.
AB100-ASA1-AA8,484,1414
(c) Conduct hearings on warrant returns.
AB100-ASA1-AA8,484,1515
(d) Schedule indigency hearings.
AB100-ASA1-AA8,484,1616
(e) Make a finding on the indigency of defendants.
AB100-ASA1-AA8,484,1717
(f) Enforce alternative judgments for failure to comply with court orders.
AB100-ASA1-AA8,484,1818
(g) Conduct court proceedings and exercise any power authorized by statute.
AB100-ASA1-AA8,485,2
19(3) New hearings and appeals of municipal court commissioner rulings. A
20motion for a new hearing or appeal of a contested ruling by a municipal court
21commissioner shall be filed with the municipal court no later than the 20th day after
22the commissioner makes the ruling. The motion shall be heard by the supervising
23municipal judge under the procedure consistent with the procedure adopted by the
24judicial district on motions to reopen judgments before the municipal court. Nothing
1in this subsection shall be construed as altering the time periods for filing a notice
2of appeal from a final judgment or filing a motion of relief from judgment.
AB100-ASA1-AA8,485,14
4757.23 Court commissioner, when disqualified. A
municipal court
5commissioner, a court commissioner, or any judge acting as a court commissioner,
6shall not act or take part in the decision of, or make any order in any matter or
7proceeding in which he or she is a party, or in which his or her rights would be in any
8manner affected by his or her decision or order thereon, or in which he or she is
9interested, or in which his or her law partner, or any person connected with him or
10her as employer, employe or clerk, or in the law business in any manner, shall be
11interested or appear as a party, agent, attorney or counsel. Any
municipal court
12commissioner, court commissioner or judge, acting as a court commissioner, violating
13this section shall forfeit $25 for each violation, and shall also be subject to removal
14from office.".
AB100-ASA1-AA8,486,1417
757.48
(1) (b) The guardian ad litem shall be allowed reasonable compensation
18for his or her services such as is customarily charged by attorneys in this state for
19comparable services. If the court orders a county to pay the compensation of the
20guardian ad litem, the amount ordered may not exceed the compensation paid to
21private attorneys under s. 977.08 (4m) (b).
When a court appoints a guardian ad
22litem for a person with a developmental disability, the court shall require the
23guardian ad litem, as a condition of accepting the appointment, to submit a written
24detailed statement of the services he or she plans to provide for the developmentally
1disabled person. In addition, as a condition of receipt of compensation from a county,
2a guardian ad litem shall provide an accounting of the services he or she did provide
3to the developmentally disabled person on a form that the circuit court develops and
4provides to the guardian ad litem. If a court-appointed guardian ad litem is required
5to submit an accounting of the services he or she provided to a person with a
6development disability, the guardian of that person with a development disability
7shall receive a copy of that accounting and may comment to the court regarding that
8accounting. The court may require, before issuing an order regarding the payment
9of compensation to the guardian ad litem, that the guardian ad litem and the
10guardian of the developmentally disabled person engage in one of the dispute
11resolution processes under s. 802.12 to resolve any dispute regarding the services
12that the guardian ad litem provided to the developmentally disabled person. If the
13attorney of record is also the guardian ad litem, the attorney shall be entitled only
14to attorney fees and shall receive no compensation for services as guardian ad litem.".
AB100-ASA1-AA8,487,520
767.47
(6) (a) Whenever the state brings the action to determine paternity
21pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2.,
49.153 (3) (a), 49.19 (4)
22(h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159,
23the natural mother of the child may not be compelled to testify about the paternity
24of the child if it has been determined that the mother has good cause for refusing to
1cooperate in establishing paternity as provided in
42 USC 602 (a) (26) (B) and the
2federal regulations promulgated pursuant to this statute, as of July 1, 1981, and
3pursuant to any rules promulgated by the department which define good cause in
4accordance with the federal regulations, as authorized by
42 USC 602 (a) (26) (B) in
5effect on July 1, 1981.
AB100-ASA1-AA8,487,117
767.47
(6) (b) Nothing in par. (a) prevents the state from bringing an action to
8determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2.,
49.153 (3)
9(a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157
10or 49.159, where evidence other than the testimony of the mother may establish the
11paternity of the child.".
AB100-ASA1-AA8,487,2114
799.24
(1) Entry of judgment or order; notice of entry thereof. When a
15judgment or an order is rendered, the judge, court commissioner or clerk of circuit
16court shall immediately enter it in the court record and note the date thereof which
17shall be the date of entry of judgment or order. The clerk of circuit court, except in
18municipal and county forfeiture actions, shall mail a notice of entry of judgment to
19the parties or their attorneys at their last-known address within 5 days of its entry.
20Upon payment of the
exact amount of the fee prescribed in s. 814.62 (3) (c), the clerk
21of circuit court shall enter the judgment in the judgment and lien docket.".
AB100-ASA1-AA8,487,24
23"
Section 5165c. Subchapter IX (title) of chapter 779 [precedes 779.80] of the
24statutes is amended to read:
AB100-ASA1-AA8,488,42
SUBCHAPTER IX
3HOSPITAL Health care
4
provider LIENS
