Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,480,3 2. Rules of the small employer insurer offering the group health benefit plan under which the individual is applying for enrollment, which rules must apply uniformly in this state to small employers in the small group market.

AB100-ASA1-AA8,480,5 3. All state laws that apply to small employer insurers and the small group market.

AB100-ASA1-AA8,480,7 (2) (a) A small employer insurer that offers a group health benefit plan in the small group market through a network plan may do any of the following:

AB100-ASA1-AA8,480,9 1. Limit the small employers that may apply for such coverage to those with eligible individuals who reside, live or work in the service area of the network plan.

AB100-ASA1-AA8,480,12 2. Within the service area of the network plan, deny such coverage to small employers if the small employer insurer demonstrates to the commissioner all of the following:

AB100-ASA1-AA8,480,15 a. That the insurer does not have the capacity to deliver services adequately to enrollees of any additional groups because of its obligations to existing group contract holders and enrollees.

AB100-ASA1-AA8,480,19 b. That the insurer is applying this subdivision uniformly to all small employers without regard to the claims experience of those small employers or their employes or employes' dependents or any other health status-related factor of those employes or their dependents.

AB100-ASA1-AA8,480,22 (b) A small employer insurer that denies coverage under par. (a) 2. in any service area may not offer coverage in the small group market in that service area for 180 days after the date on which the coverage was denied.

AB100-ASA1-AA8,481,2 (3) (a) A small employer insurer that offers a group health benefit plan in the small group market may deny small employers coverage under such a plan in the small group market if the small employer insurer demonstrates to the commissioner all of the following:

AB100-ASA1-AA8,481,4 1. That the insurer does not have the financial reserves necessary to underwrite additional coverage.

AB100-ASA1-AA8,481,9 2. That the insurer is applying this paragraph uniformly to all small employers in the small group market in the state in accordance with applicable state law and without regard to the claims experience of those small employers or their employes or employes' dependents or any other health status-related factor of those employes or their dependents.

AB100-ASA1-AA8,481,14 (b) A small employer insurer that denies coverage under par. (a) may not offer a group health benefit plan in the small group market in the state for 180 days after the date on which the coverage was denied or until the insurer demonstrates to the commissioner that the insurer has sufficient financial reserves to underwrite additional coverage, whichever is later.

AB100-ASA1-AA8,481,17 (4) Subsection (1) shall not be construed to preclude a small employer insurer from establishing, for the offering of a group health benefit plan in the small group market, any of the following:

AB100-ASA1-AA8,481,20 (a) Rules or requirements relating to the minimum level or amount of small employer contribution toward the premium for the enrollment of participants and beneficiaries.

AB100-ASA1-AA8,481,23 (b) Rules or requirements relating to the minimum number or percentage of participants or beneficiaries that must be enrolled in relation to a specified number or percentage of eligible individuals or employes of a small employer.

AB100-ASA1-AA8,481,25 (5) Subsection (1) does not apply to a group health benefit plan offered by a small employer insurer in the small group market if all of the following apply:

AB100-ASA1-AA8,482,2 (a) The group health benefit plan is offered in the small group market only through one or more bona fide associations.

AB100-ASA1-AA8,482,6 (b) The small employer insurer offering the group health benefit plan makes the coverage available to all members of a bona fide association regardless of any health status-related factors of the members or individuals eligible for coverage through the members.

AB100-ASA1-AA8,482,9 (c) The small employer insurer offering the group health benefit plan complies with any rules of the commissioner that are reasonably designed to prevent the use of an association for risk segmentation.

AB100-ASA1-AA8,482,12 (6) The commissioner may by rule permit an exception to sub. (1) with respect to a small employer for which coverage is nonrenewed or discontinued for a reason specified under s. 632.749 (2) (a) or (b).

AB100-ASA1-AA8, s. 4937m Section 4937m. Subchapter II of chapter 635 [precedes 635.20] of the statutes, as affected by 1995 Wisconsin Act 289, is repealed.".

AB100-ASA1-AA8,482,16 1385. Page 1830, line 14: delete the material beginning with that line and ending with page 1831, line 2.

AB100-ASA1-AA8,482,17 1386. Page 1831, line 10: after that line insert:

AB100-ASA1-AA8,482,18 " Section 4946d. 706.13 (1) of the statutes is amended to read:

AB100-ASA1-AA8,483,3 706.13 (1) In addition to any criminal penalty or civil remedy provided by law, any person who submits for filing, entering in the judgment and lien docket or recording, any lien, claim of lien, lis pendens, writ of attachment , financing statement or any other instrument relating to a security interest in or the title in to real or personal property, knowing and who knows or should have known that the contents or any part of the contents to be of the instrument are false, a sham or frivolous, is liable in tort to any person interested in the property whose title is thereby impaired, for punitive damages of $1,000 plus any actual damages caused by the filing, entering or recording.".

AB100-ASA1-AA8,483,4 1387. Page 1831, line 12: after that line insert:

AB100-ASA1-AA8,483,5 " Section 4948m. 753.06 (8) (e) of the statutes is amended to read:

AB100-ASA1-AA8,483,7 753.06 (8) (e) Oconto county. The circuit has one branch. Commencing August 1, 1998, the circuit has 2 branches.".

AB100-ASA1-AA8,483,8 1388. Page 1831, line 12: after that line insert:

AB100-ASA1-AA8,483,9 " Section 4950g. 755.09 (1) of the statutes is amended to read:

AB100-ASA1-AA8,483,16 755.09 (1) Every judge shall keep his or her office and hold court only in the municipal hall of the town, village or city in which elected or if no room is available in the municipal hall, in any adequate facility provided by the governing body may authorize him or her to temporarily keep office and hold court elsewhere in the municipality of the city, village or town, other than at a place prohibited under sub. (2). The judge may issue process or perform ministerial functions at any place in the county.

AB100-ASA1-AA8, s. 4950m Section 4950m. 755.19 of the statutes is created to read:

AB100-ASA1-AA8,484,5 755.19 Municipal court commissioners. (1) Appointment. First class cities may create the office of municipal court commissioner. The municipal court commissioner shall be an attorney licensed to practice in this state and shall complete annual educational credits consistent with supreme court requirements for municipal judges. The common council shall establish the number of positions and set the term, the additional qualifications and the compensation for the office. The presiding judge of the municipal court shall be the appointing authority and may terminate the employment of a municipal court commissioner at will and without cause. The municipal court commissioner shall be supervised by the judge whose cases the commissioner is hearing. Each municipal court commissioner shall take and file the official oath in the office of the clerk of the municipal court of the 1st class city for which appointed before performing any duty of the office.

AB100-ASA1-AA8,484,7 (2) Powers and duties. Under the supervision of a municipal judge, a municipal court commissioner may do all of the following:

AB100-ASA1-AA8,484,12 (a) Under ss. 800.04 and 800.095 (4) and (5), conduct initial appearances and receive noncontested forfeiture pleas, order the revocation or suspension of driving privileges and impose forfeitures, impose community service and restitution according to the schedule adopted by the municipal court where appointed, and issue dispositional and sanction orders pursuant to ch. 938.

AB100-ASA1-AA8,484,13 (b) Issue warrants for those who do not appear as scheduled or as summoned.

AB100-ASA1-AA8,484,14 (c) Conduct hearings on warrant returns.

AB100-ASA1-AA8,484,15 (d) Schedule indigency hearings.

AB100-ASA1-AA8,484,16 (e) Make a finding on the indigency of defendants.

AB100-ASA1-AA8,484,17 (f) Enforce alternative judgments for failure to comply with court orders.

AB100-ASA1-AA8,484,18 (g) Conduct court proceedings and exercise any power authorized by statute.

AB100-ASA1-AA8,485,2 (3) New hearings and appeals of municipal court commissioner rulings. A motion for a new hearing or appeal of a contested ruling by a municipal court commissioner shall be filed with the municipal court no later than the 20th day after the commissioner makes the ruling. The motion shall be heard by the supervising municipal judge under the procedure consistent with the procedure adopted by the judicial district on motions to reopen judgments before the municipal court. Nothing in this subsection shall be construed as altering the time periods for filing a notice of appeal from a final judgment or filing a motion of relief from judgment.

AB100-ASA1-AA8, s. 4950r Section 4950r. 757.23 of the statutes is amended to read:

AB100-ASA1-AA8,485,14 757.23 Court commissioner, when disqualified. A municipal court commissioner, a court commissioner, or any judge acting as a court commissioner, shall not act or take part in the decision of, or make any order in any matter or proceeding in which he or she is a party, or in which his or her rights would be in any manner affected by his or her decision or order thereon, or in which he or she is interested, or in which his or her law partner, or any person connected with him or her as employer, employe or clerk, or in the law business in any manner, shall be interested or appear as a party, agent, attorney or counsel. Any municipal court commissioner, court commissioner or judge, acting as a court commissioner, violating this section shall forfeit $25 for each violation, and shall also be subject to removal from office.".

AB100-ASA1-AA8,485,15 1389. Page 1831, line 12: after that line insert:

AB100-ASA1-AA8,485,16 " Section 4951g. 757.48 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA8,486,14 757.48 (1) (b) The guardian ad litem shall be allowed reasonable compensation for his or her services such as is customarily charged by attorneys in this state for comparable services. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b). When a court appoints a guardian ad litem for a person with a developmental disability, the court shall require the guardian ad litem, as a condition of accepting the appointment, to submit a written detailed statement of the services he or she plans to provide for the developmentally disabled person. In addition, as a condition of receipt of compensation from a county, a guardian ad litem shall provide an accounting of the services he or she did provide to the developmentally disabled person on a form that the circuit court develops and provides to the guardian ad litem. If a court-appointed guardian ad litem is required to submit an accounting of the services he or she provided to a person with a development disability, the guardian of that person with a development disability shall receive a copy of that accounting and may comment to the court regarding that accounting. The court may require, before issuing an order regarding the payment of compensation to the guardian ad litem, that the guardian ad litem and the guardian of the developmentally disabled person engage in one of the dispute resolution processes under s. 802.12 to resolve any dispute regarding the services that the guardian ad litem provided to the developmentally disabled person. If the attorney of record is also the guardian ad litem, the attorney shall be entitled only to attorney fees and shall receive no compensation for services as guardian ad litem.".

AB100-ASA1-AA8,486,16 1390. Page 1832, line 15: delete that line and substitute "48.57 (3m) (b) 2. or, 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm) if all of the following apply:".

AB100-ASA1-AA8,486,17 1391. Page 1848, line 4: delete "49.153 (3)," and substitute "49.153 (3),".

AB100-ASA1-AA8,486,18 1392. Page 1849, line 21: after that line insert:

AB100-ASA1-AA8,486,19 " Section 5036m. 767.47 (6) (a) of the statutes is amended to read:

AB100-ASA1-AA8,487,5 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

AB100-ASA1-AA8, s. 5036n Section 5036n. 767.47 (6) (b) of the statutes is amended to read:

AB100-ASA1-AA8,487,11 767.47 (6) (b) Nothing in par. (a) prevents the state from bringing an action to determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2., 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, where evidence other than the testimony of the mother may establish the paternity of the child.".

AB100-ASA1-AA8,487,12 1393. Page 1878, line 5: after that line insert:

AB100-ASA1-AA8,487,13 " Section 5165b. 799.24 (1) of the statutes is amended to read:

AB100-ASA1-AA8,487,21 799.24 (1) Entry of judgment or order; notice of entry thereof. When a judgment or an order is rendered, the judge, court commissioner or clerk of circuit court shall immediately enter it in the court record and note the date thereof which shall be the date of entry of judgment or order. The clerk of circuit court, except in municipal and county forfeiture actions, shall mail a notice of entry of judgment to the parties or their attorneys at their last-known address within 5 days of its entry. Upon payment of the exact amount of the fee prescribed in s. 814.62 (3) (c), the clerk of circuit court shall enter the judgment in the judgment and lien docket.".

AB100-ASA1-AA8,487,22 1394. Page 1878, line 5: after that line insert:

AB100-ASA1-AA8,487,24 " Section 5165c. Subchapter IX (title) of chapter 779 [precedes 779.80] of the statutes is amended to read:

AB100-ASA1-AA8,488,1 CHAPTER 779

AB100-ASA1-AA8,488,4 SUBCHAPTER IX HOSPITAL Health care provider LIENS

AB100-ASA1-AA8, s. 5165e Section 5165e. 779.80 (title) of the statutes is amended to read:

AB100-ASA1-AA8,488,6 779.80 (title) Hospital Health care provider liens.

AB100-ASA1-AA8, s. 5165g Section 5165g. 779.80 (1) of the statutes is renumbered 779.80 (1m) and amended to read:

AB100-ASA1-AA8,488,13 779.80 (1m) Every corporation, association or other organization operating as a charitable institution and maintaining a hospital in this state shall have health care provider has a lien for services rendered, by way of treatment, care or maintenance, to any person who has sustained personal injuries as a result of the negligence, wrongful act or any tort of any other person.

AB100-ASA1-AA8, s. 5165i Section 5165i. 779.80 (1b) of the statutes is created to read:

AB100-ASA1-AA8,488,15 779.80 (1b) In this section, "health care provider" means all of the following:

AB100-ASA1-AA8,488,17 (a) A corporation, association or other organization operating as a charitable institution and maintaining a hospital in this state.

AB100-ASA1-AA8,488,18 (b) A chiropractor licensed under ch. 446.

AB100-ASA1-AA8, s. 5165k Section 5165k. 779.80 (2) of the statutes is amended to read:

AB100-ASA1-AA8,488,25 779.80 (2) Such lien shall attach to any and The lien under this section attaches to all rights of action, suits, claims, demands and upon any judgment, award or determination, and upon the proceeds of any settlement which such the injured person, or legal representatives might have against any such other person for damages on account of such the injuries, for the amount of the reasonable and necessary charges of such hospital the health care provider.

AB100-ASA1-AA8, s. 5165m Section 5165m. 779.80 (3) (intro.) of the statutes is renumbered 779.80 (3) (ae) and amended to read:

AB100-ASA1-AA8,489,16 779.80 (3) (ae) No such lien shall be A lien under this section is not effective unless the health care provider files a written notice containing under this paragraph. The notice shall contain the name and address of the injured person, the date and location of the event causing such the injuries, the name and location address of the hospital health care provider, and if ascertainable by reasonable diligence, the names and addresses of the persons alleged to be liable for damages sustained by such the injured person ,. The notice shall be filed in the office of the clerk of circuit court in the county in which such the injuries have occurred, or in the county in which such hospital the health care provider is located, or in the county in which suit for recovery of such damages is pending,. The notice shall be filed prior to the payment of any moneys to such the injured person or legal representatives, but in no event later than 60 days after discharge of such injured person from the hospital the date that the health care provider last provided services to the injured person for the injuries.

AB100-ASA1-AA8, s. 5165o Section 5165o. 779.80 (3) (a) of the statutes is renumbered 779.80 (3) (am) and amended to read:

AB100-ASA1-AA8,489,23 779.80 (3) (am) The clerk of circuit court shall enter all hospital liens created under this section in the judgment and lien docket, including the name of the injured person, the date of the event causing the injury and the name of the hospital or other institution health care provider making the claim. The clerk of circuit court shall receive the fee prescribed in s. 814.61 (5) for entering each lien.

AB100-ASA1-AA8, s. 5165q Section 5165q. 779.80 (3) (b) and (c) of the statutes are amended to read:

AB100-ASA1-AA8,490,8 779.80 (3) (b) Within 10 days after filing of the notice of lien under par. (ae), the hospital health care provider shall send by certified mail or registered mail or serve personally a copy of such the notice with the date of filing thereof to or upon the injured person and the person alleged to be liable for damages sustained by such the injured person, if ascertained by reasonable diligence. If such hospital the health care provider fails to give notice if the name and address of the person injured or the person allegedly liable for the injury are known or should be known, the lien shall be is void.

AB100-ASA1-AA8,490,12 (c) The hospital health care provider shall also serve a copy of such the notice under par. (ae), as provided in par. (b), to any insurer which that has insured such the person alleged to be liable for the injury against such liability, if the name and address may be ascertained by reasonable diligence.

AB100-ASA1-AA8, s. 5165s Section 5165s. 779.80 (4) of the statutes is amended to read:

AB100-ASA1-AA8,490,19 779.80 (4) After filing and service of the notice of lien, no release of any judgment, claim or demand by the injured person shall be is valid as against such the lien under this section, and the person making any payment to such the injured person or legal representatives as compensation for the injuries sustained shall, for a period of one year from after the date of such the payment, remain liable to the hospital health care provider for the amount of such the lien.

AB100-ASA1-AA8, s. 5165u Section 5165u. 779.80 (5) of the statutes is amended to read:

AB100-ASA1-AA8,491,3 779.80 (5) Such lien shall The lien under this section does not in any way prejudice or interfere with any lien or contract which that may be made by such the injured person or legal representatives with any attorney or attorneys for legal services rendered with respect to the claim of the injured person or legal representatives against the person alleged to be liable for such the injury. Said lien shall also be subservient to actual Actual taxable court costs, and actual disbursements made by the attorney in prosecuting the court action have priority over the lien under this section.

AB100-ASA1-AA8, s. 5165x Section 5165x. 779.80 (6) of the statutes is amended to read:

AB100-ASA1-AA8,491,7 779.80 (6) No hospital is A health care provider is not entitled to any lien under this section if the person injured is eligible for compensation under ch. 102 or any other worker's compensation act.".

AB100-ASA1-AA8,491,8 1395. Page 1882, line 9: after that line insert:

AB100-ASA1-AA8,491,9 " Section 5175g. 806.10 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,491,14 806.10 (1) (intro.) At the time of entry of a judgment directing in whole or in part the payment of money, or a judgment naming a spouse under s. 806.15 (4), and upon payment of the exact amount of the fee prescribed in s. 814.61 (5) (b), the clerk of circuit court shall enter the judgment in the judgment and lien docket, arranged alphabetically, including all of the following:

AB100-ASA1-AA8, s. 5175m Section 5175m. 806.10 (3) of the statutes is amended to read:

AB100-ASA1-AA8,491,19 806.10 (3) Every clerk of circuit court who enters a judgment or decree and enters upon the judgment and lien docket a date or time other than that of its actual entry or neglects to enter the same at the proper time shall be liable in treble damages to the party injured.".