Amendment ASA1-SB55

SB55-ASA1,943,13 139.30 (7) "Manufacturer" means any person who manufactures cigarettes for the purpose of sale, including the authorized agent of a person who manufactures cigarettes for the purpose of sale.

SB55-ASA1, s. 2842m Section 2842m. 139.31 (1) (a) of the statutes is amended to read:

SB55-ASA1,943,16 139.31 (1) (a) On cigarettes weighing not more than 3 pounds per thousand, 29.5 34 mills on each cigarette.

SB55-ASA1, s. 2842n Section 2842n. 139.31 (1) (b) of the statutes is amended to read:

SB55-ASA1,943,19 139.31 (1) (b) On cigarettes weighing more than 3 pounds per thousand, 59 68 mills on each cigarette.

SB55-ASA1, s. 1409 Section 1409. 139.31 (4) of the statutes is created to read:

SB55-ASA1,943,24 139.31 (4) No person may sell or distribute in this state, acquire, store, possess, or transport for sale or distribution in this state, import or cause to be imported into this state for sale or distribution in this state, or affix stamps as described under s. 139.32 to, any of the following:

SB55-ASA1,944,4 (a) A cigarette package on which a statement, label, stamp, sticker, or notice indicates that the manufacturer did not intend the cigarettes in the package to be sold, distributed, or used in the United States, including labels stating "for export only," "U.S. tax exempt," "for use outside U.S.," or similar wording.

SB55-ASA1,944,6 (b) A cigarette package that does not comply with 15 USC 1333 and 15 USC 1335 or other federal law.

SB55-ASA1,944,7 (c) A cigarette package that has been altered as described in sub. (5).

SB55-ASA1,944,9 (d) Any cigarettes that are imported into the United States in violation of federal law.

SB55-ASA1, s. 1410 Section 1410. 139.31 (5) of the statutes is created to read:

SB55-ASA1,944,13 139.31 (5) (a) No person may alter a cigarette package before the sale or distribution to the ultimate consumer so as to remove, conceal, or obscure any of the following:

SB55-ASA1,944,14 1. Any statement, label, stamp, sticker, or notice described in sub. (4) (a).

SB55-ASA1,944,16 2. Any health warning that is not specified in or that does not conform with the requirements under 15 USC 1333.

SB55-ASA1,944,18 (b) No person may affix stamps, as described in s. 139.32, to any cigarette package that is altered as described in par. (a).

SB55-ASA1, s. 2845m Section 2845m. 139.31 (6) of the statutes is created to read:

SB55-ASA1,944,24 139.31 (6) Subsections (4) and (5) do not apply to cigarettes that may be brought into the United States for personal use and cigarettes that are sold or intended for sale by a duty-free enterprise, as provided under 19 USC 1555, not including cigarettes that are brought into a customs territory, as defined under 19 USC 1555 (2) (b) (C), for resale within the customs territory.

SB55-ASA1, s. 1411 Section 1411. 139.34 (3) of the statutes is created to read:

SB55-ASA1,945,4 139.34 (3) No distributor may affix stamps to cigarette packages, as provided in s. 139.32, unless the distributor certifies to the department, in a manner prescribed by the department, that the distributor purchases cigarettes directly from a manufacturer.

SB55-ASA1, s. 2847m Section 2847m. 139.39 (4m) of the statutes is created to read:

SB55-ASA1,945,8 139.39 (4m) Any person who sells, distributes, or manufactures cigarettes and who sustains direct economic or commercial injury as the result of a violation of this chapter may bring an action for injunctive relief.

SB55-ASA1, s. 2847n Section 2847n. 139.40 (1) of the statutes is amended to read:

SB55-ASA1,945,14 139.40 (1) All cigarettes acquired, owned, imported, possessed, kept, stored, made, sold, distributed or transported in violation of this chapter, and all personal property used in connection therewith is unlawful property and subject to seizure by the secretary or any peace officer. All cigarettes seized for violating s. 139.31 (4) or (5) shall be destroyed.

SB55-ASA1, s. 2848m Section 2848m. 139.76 (1) of the statutes is amended to read:

SB55-ASA1,946,2 139.76 (1) An excise tax is imposed upon the sale, offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for any purpose of tobacco products by any person engaged as a distributor of them at the rate of 20% 30% of the manufacturer's established list price to distributors without diminution by volume or other discounts on domestic products. On products imported from another country the rate of tax is 20% 30% of the amount obtained by adding the manufacturer's list price to the federal tax, duties and transportation costs to the United States. The tax attaches at the time the tobacco products are received by the distributor in this state. The tax shall be passed on to the ultimate consumer of the tobacco products. All tobacco products received in this state for sale or distribution within this state, except tobacco products actually sold as provided in sub. (2), shall be subject to such tax.

SB55-ASA1, s. 2848n Section 2848n. 139.78 (1) of the statutes is amended to read:

SB55-ASA1,946,8 139.78 (1) A tax is imposed upon the use or storage by consumers of tobacco products in this state at the rate of 20% 30% of the cost of the tobacco products. The tax does not apply if the tax imposed by s. 139.76 (1) on the tobacco products has been paid or if the tobacco products are exempt from the tobacco products tax under s. 139.76 (2).

SB55-ASA1, s. 2848r Section 2848r. 146.185 (3) of the statutes is amended to read:

SB55-ASA1,946,20 146.185 (3) From the appropriation under s. 20.435 (5) (fh) (kb), the department shall in each fiscal year award up to $200,000 in grants for activities to improve the health status of economically disadvantaged minority group members. A person may apply, in the manner specified by the department, for a grant of up to $50,000 in each fiscal year to conduct these activities. A grant awarded An awardee of a grant under this subsection may not exceed 50% of the cost of the activities. An applicant's required contribution for a grant shall provide, for at least 50% of the grant amount, matching funds that may consist of funding or an in-kind contribution. An applicant that is not a federally qualified health center, as defined under 42 CFR 405.2401 (b) shall receive priority for grants awarded under this subsection.

SB55-ASA1, s. 2848s Section 2848s. 146.185 (4) of the statutes is amended to read:

SB55-ASA1,946,25 146.185 (4) From the appropriation under s. 20.435 (5) (fh) (kb), the department shall award a grant of up to $100,000 $50,000 in each fiscal year to a private nonprofit corporation that applies, in the manner specified by the department, to conduct a public information campaign on minority health.

SB55-ASA1, s. 1412 Section 1412. 146.55 (2m) (a) of the statutes is repealed and recreated to read:

SB55-ASA1,947,6 146.55 (2m) (a) The department shall contract with a physician to direct the state emergency medical services program. The department may expend from the funding under the federal preventive health services project grant program under 42 USC 2476 under the appropriation under s. 20.435 (1) (mc), $25,000 in each fiscal year for this purpose.

SB55-ASA1, s. 2850b Section 2850b. 146.65 of the statutes is created to read:

SB55-ASA1,947,13 146.65 Rural health dental clinic. From the appropriation under s. 20.435 (5) (dm), the department shall distribute funds to the rural health dental clinic located in Ladysmith that provides dental services to persons in the counties of Rusk, Price, Taylor, Sawyer, and Chippewa who are developmentally disabled or elderly or who have low income. The department shall also seek federal funding to support the operations of the rural health dental clinic.

SB55-ASA1, s. 2850c Section 2850c. 149.115 of the statutes is amended to read:

SB55-ASA1,947,20 149.115 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 ss. s. 149.10 (2t) (a) and 149.14 (6) (b) 1. a. and that determine the creditable coverage to which ss. s. 149.10 (2t) (b) and (d) and 149.14 (6) (b) 1. b. and d. apply applies. The rules shall comply with section 2701 (c) of P.L. 104-191.

SB55-ASA1, s. 2850d Section 2850d. 149.13 (4) of the statutes is created to read:

SB55-ASA1,947,25 149.13 (4) Notwithstanding subs. (1) to (3), the department, with the agreement of the commissioner, may perform various administrative functions related to the assessment of insurers participating in the cost of administering the plan.

SB55-ASA1, s. 2850e Section 2850e. 149.14 (3) (nm) of the statutes is created to read:

SB55-ASA1,948,3 149.14 (3) (nm) Hospice care provided by a hospice licensed under subch. IV of ch. 50.

SB55-ASA1, s. 2850f Section 2850f. 149.14 (5) (title) of the statutes is amended to read:

SB55-ASA1,948,6 149.14 (5) (title) Deductibles, copayments and, coinsurance, and out-of-pocket limits.

SB55-ASA1, s. 2850g Section 2850g. 149.14 (5) (b) of the statutes is amended to read:

SB55-ASA1,948,11 149.14 (5) (b) Except as provided in par. pars. (c) and (e), if the covered costs incurred by the eligible person exceed the deductible for major medical expense coverage in a calendar year, the plan shall pay at least 80% of any additional covered costs incurred by the person during the calendar year.

SB55-ASA1, s. 2850h Section 2850h. 149.14 (5) (c) of the statutes is amended to read:

SB55-ASA1,948,18 149.14 (5) (c) If Except as provided in par. (e), if the aggregate of the covered costs not paid by the plan under par. (b) and the deductible exceeds $500 for an eligible person receiving medicare, $2,000 for any other eligible person during a calendar year or $4,000 for all eligible persons in a family, the plan shall pay 100% of all covered costs incurred by the eligible person during the calendar year after the payment ceilings under this paragraph are exceeded.

SB55-ASA1, s. 2850i Section 2850i. 149.14 (5) (e) of the statutes is amended to read:

SB55-ASA1,949,3 149.14 (5) (e) Subject to sub. (8) (b), the department may, by rule under s. 149.17 (4), establish copayments for prescription drug coverage under sub. (3) (d) copayment amounts, coinsurance rates, and copayment and coinsurance out-of-pocket limits over which the plan will pay 100% of covered costs under sub. (3) (d). Any copayment amounts or rates amount, coinsurance rate, or out-of-pocket limit established are under this paragraph is subject to the approval of the board. Copayments and coinsurance paid by an eligible person under this paragraph shall are separate from and do not count toward the deductible and covered costs not paid by the plan under pars. (a) to (c).

SB55-ASA1, s. 2850j Section 2850j. 149.14 (6) (b) 1. of the statutes is repealed.

SB55-ASA1, s. 2850k Section 2850k. 149.14 (6) (b) 2. of the statutes is renumbered 149.14 (6) (b) and amended to read:

SB55-ASA1,949,11 149.14 (6) (b) An eligible individual who obtains coverage under the plan on or after June 17, 1998, may not be subject to any preexisting condition exclusion under the plan. An eligible individual who is covered under the plan on June 17, 1998, may not be subject to any preexisting condition exclusion on or after June 17, 1998.

SB55-ASA1, s. 2850Lc Section 2850Lc. 149.142 (1) (b) of the statutes is amended to read:

SB55-ASA1,949,17 149.142 (1) (b) The payment rate for a prescription drug shall be the allowable charge paid under s. 49.46 (2) (b) 6. h. for the prescription drug. Notwithstanding s. 149.17 (4), the department may not reduce the payment rate for prescription drugs below the rate specified in this paragraph, and the rate may not be adjusted under s. 149.143 or 149.144.

SB55-ASA1, s. 2850Ld Section 2850Ld. 149.142 (2) of the statutes is amended to read:

SB55-ASA1,949,20 149.142 (2) The Except as provided in sub. (1) (b), the rates established under this section are subject to adjustment under ss. 149.143 and 149.144.

SB55-ASA1, s. 2850Le Section 2850Le. 149.143 (1) (b) 1. d. of the statutes is amended to read:

SB55-ASA1,950,2 149.143 (1) (b) 1. d. Fourth, notwithstanding subd. 2., by increasing insurer assessments, excluding assessments under s. 149.144, and adjusting provider payment rates, subject to s. 149.142 (1) (b) and excluding adjustments to those rates under s. 149.144, in equal proportions and to the extent that the amounts under subd. 1. a. to c. are insufficient to pay 60% of plan costs.

SB55-ASA1, s. 2850Lf Section 2850Lf. 149.143 (1) (b) 2. b. of the statutes is amended to read:

SB55-ASA1,950,6 149.143 (1) (b) 2. b. Fifty percent from adjustments to provider payment rates, subject to s. 149.142 (1) (b) and excluding adjustments to those rates under s. 149.144.

SB55-ASA1, s. 2850Lg Section 2850Lg. 149.143 (2) (a) 4. of the statutes is amended to read:

SB55-ASA1,950,11 149.143 (2) (a) 4. By the same rule as under subd. 3. adjust the provider payment rate for the new plan year, subject to s. 149.142 (1) (b), by estimating and setting the rate at the level necessary to equal the amounts specified in sub. (1) (b) 1. d. and 2. b. and as provided in s. 149.145.

SB55-ASA1, s. 2850Lj Section 2850Lj. 149.143 (2m) (b) 3. of the statutes is created to read:

SB55-ASA1,950,17 149.143 (2m) (b) 3. For distribution to eligible persons, notwithstanding any requirements in this chapter related to setting premium amounts. The department, with the approval of the board and the concurrence of the plan actuary, shall determine the policies, eligibility criteria, methodology, and other factors to be used in making any distribution under this subdivision.

SB55-ASA1, s. 2850Lh Section 2850Lh. 149.143 (3) (a) of the statutes is amended to read:

SB55-ASA1,951,3 149.143 (3) (a) If, during a plan year, the department determines that the amounts estimated to be received as a result of the rates and amount set under sub. (2) (a) 2. to 4. and any adjustments in insurer assessments and the provider payment rate under s. 149.144 will not be sufficient to cover plan costs, the department may by rule increase the premium rates set under sub. (2) (a) 2. for the remainder of the plan year, subject to s. 149.146 (2) (b) and the maximum specified in sub. (2) (a) 2., by rule increase the assessments set under sub. (2) (a) 3. for the remainder of the plan year, subject to sub. (1) (b) 2. a., and by the same rule under which assessments are increased adjust the provider payment rate set under sub. (2) (a) 4. for the remainder of the plan year, subject to sub. (1) (b) 2. b. and s. 149.142 (1) (b).

SB55-ASA1, s. 2850Li Section 2850Li. 149.143 (3) (b) of the statutes is amended to read:

SB55-ASA1,951,11 149.143 (3) (b) If the department increases premium rates and insurer assessments and adjusts the provider payment rate under par. (a) and determines that there will still be a deficit and that premium rates have been increased to the maximum extent allowable under par. (a), the department may further adjust, in equal proportions, assessments set under sub. (2) (a) 3. and the provider payment rate set under sub. (2) (a) 4., without regard to sub. (1) (b) 2. but subject to s. 149.142 (1) (b).

SB55-ASA1, s. 2850Lj Section 2850Lj. 149.143 (5) (a) of the statutes is amended to read:

SB55-ASA1,951,19 149.143 (5) (a) Annually, no later than April 30, the department shall perform a reconciliation with respect to plan costs, premiums, insurer assessments, and provider payment rate adjustments based on data from the previous calendar year. On the basis of the reconciliation, the department shall make any necessary adjustments in premiums, insurer assessments, or provider payment rates, subject to s. 149.142 (1) (b), for the fiscal year beginning on the first July 1 after the reconciliation, as provided in sub. (2) (b).

SB55-ASA1, s. 2850Lk Section 2850Lk. 149.143 (5) (b) of the statutes is amended to read:

SB55-ASA1,952,2 149.143 (5) (b) Except as provided in sub. (3) and s. 149.144, the department shall adjust the provider payment rates to meet the providers' specified portion of the plan costs no more than once annually, subject to s. 149.142 (1) (b). The department may not determine the adjustment on an individual provider basis or on the basis of provider type, but shall determine the adjustment for all providers in the aggregate, subject to s. 149.142 (1) (b).

SB55-ASA1, s. 2850Lm Section 2850Lm. 149.144 of the statutes is amended to read:

SB55-ASA1,952,18 149.144 Adjustments to insurer assessments and provider payment rates for premium and deductible reductions. If the moneys transferred to the fund under the appropriation under s. 20.435 (4) (ah) are insufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a), or the department determines that the moneys transferred or to be transferred to the fund under the appropriation under s. 20.435 (4) (ah) will be insufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a), the department may, by rule, adjust in equal proportions the amount of the assessment set under s. 149.143 (2) (a) 3. and the provider payment rate set under s. 149.143 (2) (a) 4., subject to s. ss. 149.142 (1) (b) and 149.143 (1) (b) 1., sufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a). If the department makes the adjustment under this section, the department shall notify the commissioner so that the commissioner may levy any increase in insurer assessments.

SB55-ASA1, s. 2850Ln Section 2850Ln. 149.145 of the statutes is amended to read:

SB55-ASA1,953,6 149.145 Program budget. The department, in consultation with the board, shall establish a program budget for each plan year. The program budget shall be based on the provider payment rates specified in s. 149.142 and in the most recent provider contracts that are in effect and on the funding sources specified in s. 149.143 (1), including the methodologies specified in ss. 149.143, 149.144 , and 149.146 for determining premium rates, insurer assessments, and provider payment rates. Except as otherwise provided in s. 149.143 (3) (a) and (b) and subject to s. 149.142 (1) (b), from the program budget the department shall derive the actual provider payment rate for a plan year that reflects the providers' proportional share of the plan costs, consistent with ss. 149.143 and 149.144. The department may not implement a program budget established under this section unless it is approved by the board.

SB55-ASA1, s. 2850m Section 2850m. 149.146 (1) (b) 1. of the statutes is repealed.

SB55-ASA1, s. 2850p Section 2850p. 149.146 (1) (b) 2. of the statutes is renumbered 149.146 (1) (b).

SB55-ASA1, s. 2850q Section 2850q. 149.146 (2) (am) 2. of the statutes is amended to read:

SB55-ASA1,953,13 149.146 (2) (am) 2. Except as provided in subd. subds. 3. and 5., if the covered costs incurred by the eligible person exceed the deductible for major medical expense coverage in a calendar year, the plan shall pay at least 80% of any additional covered costs incurred by the person during the calendar year.

SB55-ASA1, s. 2850r Section 2850r. 149.146 (2) (am) 3. of the statutes is amended to read:

SB55-ASA1,953,20 149.146 (2) (am) 3. If Except as provided in subd. 5., if the aggregate of the covered costs not paid by the plan under subd. 2. and the deductible exceeds $3,500 for any eligible person during a calendar year or $7,000 for all eligible persons in a family, the plan shall pay 100% of all covered costs incurred by the eligible person during the calendar year after the payment ceilings under this subdivision are exceeded.

SB55-ASA1, s. 2850s Section 2850s. 149.146 (2) (am) 5. of the statutes is created to read:

SB55-ASA1,954,5 149.146 (2) (am) 5. Subject to s. 149.14 (8) (b), the department may, by rule under s. 149.17 (4), establish for prescription drug coverage under this section copayment amounts, coinsurance rates, and copayment and coinsurance out-of-pocket limits over which the plan will pay 100% of covered costs for prescription drugs. Any copayment amount, coinsurance rate, or out-of-pocket limit established under this subdivision is subject to the approval of the board. Copayments and coinsurance paid by an eligible person under this subdivision are separate from and do not count toward the deductible and covered costs not paid by the plan under subds. 1. to 3.

SB55-ASA1, s. 2850w Section 2850w. 149.15 (1) of the statutes is amended to read:

SB55-ASA1,954,24 149.15 (1) The plan shall have a board of governors consisting of representatives of 2 participating insurers which that are nonprofit corporations, representatives of 2 other participating insurers, 3 health care provider representatives, including one representative of the State Medical Society of Wisconsin, one representative of the Wisconsin Health and Hospital Association and one representative of an integrated multidisciplinary health system, and 3 4 public members, including one representative of small businesses in the state, appointed by the secretary for staggered 3-year terms. In addition, the commissioner, or a designated representative from the office of the commissioner, and the secretary, or a designated representative from the department, shall be members of the board. The public members shall not be professionally affiliated with the practice of medicine, a hospital, or an insurer. At least 2 one of the public members shall be individuals reasonably expected to qualify for an individual who has coverage under the plan or the parent or spouse of such an individual. The secretary or the secretary's representative shall be the chairperson of the board. Board members, except the commissioner or the commissioner's representative and the secretary or the secretary's representative, shall be compensated at the rate of $50 per diem plus actual and necessary expenses.

SB55-ASA1, s. 2850x Section 2850x. 149.25 of the statutes is created to read:

SB55-ASA1,955,1 149.25 Case management pilot program. (1) Definitions. In this section: