SB55-ASA1-AA1,1292,24 241735. Page 1180, line 21: after that line insert:
SB55-ASA1-AA1,1293,2
1" Section 3741f. 609.10 (title) of the statutes, as affected by 1999 Wisconsin Act
29
, is amended to read:
SB55-ASA1-AA1,1293,3 3609.10 (title) Standard plan and point-of-service option plan required.
SB55-ASA1-AA1, s. 3741g 4Section 3741g. 609.10 (1) (ac) of the statutes, as created by 1999 Wisconsin
5Act 9
, is repealed.
SB55-ASA1-AA1, s. 3741h 6Section 3741h. 609.10 (1) (am) of the statutes, as affected by 1999 Wisconsin
7Act 9
, is amended to read:
SB55-ASA1-AA1,1293,128 609.10 (1) (am) Except as provided in subs. (2) to (4), an employer that offers
9any of its employees a health maintenance organization or a preferred provider plan
10that provides comprehensive health care services shall also offer the employees a
11standard plan that provides at least substantially equivalent coverage of health care
12expenses and a point-of-service option plan, as provided in pars. (b) and (c).
SB55-ASA1-AA1, s. 3741i 13Section 3741i. 609.10 (1) (c) of the statutes, as affected by 1999 Wisconsin Act
149
, is amended to read:
SB55-ASA1-AA1,1293,1915 609.10 (1) (c) The employer shall provide the employees adequate notice of the
16opportunity to enroll in the health care plans under par. (am) and shall provide the
17employees complete and understandable information concerning the differences
18among between the health maintenance organization or preferred provider plan, and
19the standard plan and the point-of-service option plan.
SB55-ASA1-AA1, s. 3741j 20Section 3741j. 609.10 (3) (intro.) and (a) of the statutes, as affected by 1999
21Wisconsin Act 9
, are consolidated, renumbered 609.10 (3) and amended to read:
SB55-ASA1-AA1,1293,2322 609.10 (3) Subsection (1) does not apply to an employer that does any of the
23following: (a) Employs
employs fewer than 25 full-time employees.
SB55-ASA1-AA1, s. 3741k 24Section 3741k. 609.10 (3) (b) of the statutes, as created by 1999 Wisconsin Act
259
, is repealed.
SB55-ASA1-AA1, s. 3741L
1Section 3741L. 609.10 (6) of the statutes is repealed.
SB55-ASA1-AA1, s. 3741m 2Section 3741m. 609.20 (4) of the statutes, as affected by 1999 Wisconsin Act
39
, is amended to read:
SB55-ASA1-AA1,1294,124 609.20 (4) To ensure that employees offered a health maintenance organization
5or a preferred provider plan that provides comprehensive services under s. 609.10
6(1) (am) are given adequate notice of the opportunity to enroll, as well as complete
7and understandable information under s. 609.10 (1) (c) concerning the differences
8among between the health maintenance organization or preferred provider plan, and
9the standard plan and the point-of-service option plan, as defined in s. 609.10 (1)
10(ac)
, including differences among between providers available and differences
11resulting from special limitations or requirements imposed by an institutional
12provider because of its affiliation with a religious organization.".
SB55-ASA1-AA1,1294,13 131736. Page 1180, line 21: after that line insert:
SB55-ASA1-AA1,1294,14 14" Section 3741amc. Chapter 609 (title) of the statutes is amended to read:
SB55-ASA1-AA1,1294,1515 CHAPTER 609
SB55-ASA1-AA1,1294,16 16MANAGED CARE Defined network PLANS
SB55-ASA1-AA1, s. 3741amg 17Section 3741amg. 609.01 (1d) of the statutes is amended to read:
SB55-ASA1-AA1,1294,2018 609.01 (1d) "Enrollee" means, with respect to a managed care defined network
19plan, preferred provider plan, or limited service health organization, a person who
20is entitled to receive health care services under the plan.
SB55-ASA1-AA1, s. 3741amp 21Section 3741amp. 609.01 (3c) of the statutes is renumbered 609.01 (1b) and
22amended to read:
SB55-ASA1-AA1,1295,323 609.01 (1b) "Managed care Defined network plan" means a health benefit plan
24that requires an enrollee of the health benefit plan, or creates incentives, including

1financial incentives, for an enrollee of the health benefit plan, to use providers that
2are managed, owned, under contract with, or employed by the insurer offering the
3health benefit plan.
SB55-ASA1-AA1, s. 3741amt 4Section 3741amt. 609.01 (3m) of the statutes is amended to read:
SB55-ASA1-AA1,1295,95 609.01 (3m) "Participating" means, with respect to a physician or other
6provider, under contract with a managed care defined network plan, preferred
7provider plan, or limited service health organization to provide health care services,
8items or supplies to enrollees of the managed care defined network plan, preferred
9provider plan, or limited service health organization.
SB55-ASA1-AA1, s. 3741bmg 10Section 3741bmg. 609.01 (4) of the statutes is amended to read:
SB55-ASA1-AA1,1295,1711 609.01 (4) "Preferred provider plan" means a health care plan offered by an
12organization established under ch. 185, 611, 613, or 614 or issued a certificate of
13authority under ch. 618 that makes available to its enrollees, without referral and
14for consideration other than predetermined periodic fixed payments, coverage of
15either comprehensive health care services or a limited range of health care services,
16regardless of whether the health care services are
performed by participating or
17nonparticipating
providers participating in the plan.
SB55-ASA1-AA1, s. 3741bmp 18Section 3741bmp. 609.01 (5) of the statutes is amended to read:
SB55-ASA1-AA1,1295,2219 609.01 (5) "Primary provider" means a participating primary care physician,
20or other participating provider authorized by the managed care defined network
21plan, preferred provider plan, or limited service health organization to serve as a
22primary provider, who coordinates and may provide ongoing care to an enrollee.
SB55-ASA1-AA1, s. 3741bmt 23Section 3741bmt. 609.05 (1) of the statutes is amended to read:
SB55-ASA1-AA1,1296,3
1609.05 (1) Except as provided in subs. (2) and (3), a limited service health
2organization, preferred provider plan, or managed care defined network plan shall
3permit its enrollees to choose freely among participating providers.
SB55-ASA1-AA1, s. 3741cmg 4Section 3741cmg. 609.05 (2) of the statutes is amended to read:
SB55-ASA1-AA1,1296,85 609.05 (2) Subject to s. 609.22 (4) and (4m), a limited service health
6organization, preferred provider plan, or managed care defined network plan may
7require an enrollee to designate a primary provider and to obtain health care services
8from the primary provider when reasonably possible.
SB55-ASA1-AA1, s. 3741cmp 9Section 3741cmp. 609.05 (3) of the statutes is amended to read:
SB55-ASA1-AA1,1296,1410 609.05 (3) Except as provided in ss. 609.22 (4m), 609.65, and 609.655, a limited
11service health organization, preferred provider plan, or managed care defined
12network
plan may require an enrollee to obtain a referral from the primary provider
13designated under sub. (2) to another participating provider prior to obtaining health
14care services from that participating provider.
SB55-ASA1-AA1, s. 3741cmr 15Section 3741cmr. 609.10 (5) of the statutes is amended to read:
SB55-ASA1-AA1,1296,1816 609.10 (5) The commissioner may establish by rule standards in addition to
17those any established under s. 609.20 for what constitutes adequate notice and
18complete and understandable information under sub. (1) (c).
SB55-ASA1-AA1, s. 3741cmt 19Section 3741cmt. 609.17 of the statutes is amended to read:
SB55-ASA1-AA1,1296,25 20609.17 Reports of disciplinary action. Every limited service health
21organization, preferred provider plan, and managed care defined network plan shall
22notify the medical examining board or appropriate affiliated credentialing board
23attached to the medical examining board of any disciplinary action taken against a
24participating provider who holds a license or certificate granted by the board or
25affiliated credentialing board.
SB55-ASA1-AA1, s. 3741dmg
1Section 3741dmg. 609.20 (title) of the statutes is amended to read:
SB55-ASA1-AA1,1297,3 2609.20 (title) Rules for preferred provider and managed care defined
3network
plans.
SB55-ASA1-AA1, s. 3741dmp 4Section 3741dmp. 609.20 (intro.) of the statutes is renumbered 609.20 (1m)
5(intro.) and amended to read:
SB55-ASA1-AA1,1297,86 609.20 (1m) (intro.) The commissioner shall may promulgate rules relating to
7preferred provider plans and managed care defined network plans for all any of the
8following purposes, as appropriate:
SB55-ASA1-AA1, s. 3741dmt 9Section 3741dmt. 609.20 (1) of the statutes is renumbered 609.20 (1m) (a).
SB55-ASA1-AA1, s. 3741emg 10Section 3741emg. 609.20 (2) of the statutes is renumbered 609.20 (1m) (b).
SB55-ASA1-AA1, s. 3741emp 11Section 3741emp. 609.20 (2m) of the statutes is created to read:
SB55-ASA1-AA1,1297,1612 609.20 (2m) Any rule promulgated under this chapter shall recognize the
13differences between preferred provider plans and other types of defined network
14plans, take into account the fact that preferred provider plans provide coverage for
15the services of nonparticipating providers, and be appropriate to the type of plan to
16which the rule applies.
SB55-ASA1-AA1, s. 3741emt 17Section 3741emt. 609.20 (3) of the statutes, as affected by 1999 Wisconsin Act
189
, is renumbered 609.20 (1m) (c).
SB55-ASA1-AA1, s. 3741fmg 19Section 3741fmg. 609.20 (4) of the statutes, as affected by 2001 Wisconsin Act
209
, is renumbered 609.20 (1m) (d).
SB55-ASA1-AA1, s. 3741fmp 21Section 3741fmp. 609.22 (1) of the statutes is amended to read:
SB55-ASA1-AA1,1297,2522 609.22 (1) Providers. A managed care defined network plan shall include a
23sufficient number, and sufficient types, of qualified providers to meet the anticipated
24needs of its enrollees, with respect to covered benefits, as appropriate to the type of
25plan and consistent with normal practices and standards in the geographic area
.
SB55-ASA1-AA1, s. 3741fmt
1Section 3741fmt. 609.22 (2) of the statutes is amended to read:
SB55-ASA1-AA1,1298,52 609.22 (2) Adequate choice. A managed care defined network plan that is not
3a preferred provider plan
shall ensure that, with respect to covered benefits, each
4enrollee has adequate choice among participating providers and that the providers
5are accessible and qualified.
SB55-ASA1-AA1, s. 3741gmg 6Section 3741gmg. 609.22 (3) of the statutes is amended to read:
SB55-ASA1-AA1,1298,147 609.22 (3) Primary provider selection. A managed care defined network plan
8that is not a preferred provider plan shall permit each enrollee to select his or her
9own primary provider from a list of participating primary care physicians and any
10other participating providers that are authorized by the managed care defined
11network
plan to serve as primary providers. The list shall be updated on an ongoing
12basis and shall include a sufficient number of primary care physicians and any other
13participating providers authorized by the plan to serve as primary providers who are
14accepting new enrollees.
SB55-ASA1-AA1, s. 3741gmp 15Section 3741gmp. 609.22 (4) (a) 1. of the statutes is amended to read:
SB55-ASA1-AA1,1298,2116 609.22 (4) (a) 1. If a managed care defined network plan that is not a preferred
17provider plan
requires a referral to a specialist for coverage of specialist services, the
18managed care defined network plan that is not a preferred provider plan shall
19establish a procedure by which an enrollee may apply for a standing referral to a
20specialist. The procedure must specify the criteria and conditions that must be met
21in order for an enrollee to obtain a standing referral.
SB55-ASA1-AA1, s. 3741gmt 22Section 3741gmt. 609.22 (4) (a) 2. of the statutes is amended to read:
SB55-ASA1-AA1,1299,723 609.22 (4) (a) 2. A managed care defined network plan that is not a preferred
24provider plan
may require the enrollee's primary provider to remain responsible for
25coordinating the care of an enrollee who receives a standing referral to a specialist.

1A managed care defined network plan that is not a preferred provider plan may
2restrict the specialist from making any secondary referrals without prior approval
3by the enrollee's primary provider. If an enrollee requests primary care services from
4a specialist to whom the enrollee has a standing referral, the specialist, in agreement
5with the enrollee and the enrollee's primary provider, may provide primary care
6services to the enrollee in accordance with procedures established by the managed
7care
defined network plan that is not a preferred provider plan.
SB55-ASA1-AA1, s. 3741hmg 8Section 3741hmg. 609.22 (4) (a) 3. of the statutes is amended to read:
SB55-ASA1-AA1,1299,129 609.22 (4) (a) 3. A managed care defined network plan that is not a preferred
10provider plan
must include information regarding referral procedures in policies or
11certificates provided to enrollees and must provide such information to an enrollee
12or prospective enrollee upon request.
SB55-ASA1-AA1, s. 3741hmp 13Section 3741hmp. 609.22 (4m) (a) of the statutes is amended to read:
SB55-ASA1-AA1,1299,2214 609.22 (4m) (a) A managed care defined network plan that provides coverage
15of obstetric or gynecologic services may not require a female enrollee of the managed
16care
defined network plan to obtain a referral for covered obstetric or gynecologic
17benefits provided by a participating provider who is a physician licensed under ch.
18448 and who specializes in obstetrics and gynecology, regardless of whether the
19participating provider is the enrollee's primary provider. Notwithstanding sub. (4),
20the managed care defined network plan may not require the enrollee to obtain a
21standing referral under the procedure established under sub. (4) (a) for covered
22obstetric or gynecologic benefits.
SB55-ASA1-AA1, s. 3741hmt 23Section 3741hmt. 609.22 (4m) (b) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,1299,2524 609.22 (4m) (b) (intro.) A managed care defined network plan under par. (a)
25may not do any of the following:
SB55-ASA1-AA1, s. 3741img
1Section 3741img. 609.22 (4m) (c) of the statutes is amended to read:
SB55-ASA1-AA1,1300,42 609.22 (4m) (c) A managed care defined network plan under par. (a) shall
3provide written notice of the requirement under par. (a) in every policy or group
4certificate issued by the managed care defined network plan.
SB55-ASA1-AA1, s. 3741imp 5Section 3741imp. 609.22 (5) of the statutes is amended to read:
SB55-ASA1-AA1,1300,86 609.22 (5) Second opinions. A managed care defined network plan shall
7provide an enrollee with coverage for a 2nd opinion from another participating
8provider.
SB55-ASA1-AA1, s. 3741imt 9Section 3741imt. 609.22 (6) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,1300,1210 609.22 (6) Emergency care. (intro.) Notwithstanding s. 632.85, if a managed
11care
defined network plan provides coverage of emergency services, with respect to
12covered benefits, the managed care defined network plan shall do all of the following:
SB55-ASA1-AA1, s. 3741jmg 13Section 3741jmg. 609.22 (7) of the statutes is amended to read:
SB55-ASA1-AA1,1300,2014 609.22 (7) Telephone access. A managed care defined network plan that is not
15a preferred provider plan
shall provide telephone access for sufficient time during
16business and evening hours to ensure that enrollees have adequate access to routine
17health care services for which coverage is provided under the plan. A managed care
18defined network plan that is not a preferred provider plan shall provide 24-hour
19telephone access to the plan or to a participating provider for emergency care, or
20authorization for care, for which coverage is provided under the plan.
SB55-ASA1-AA1, s. 3741jmp 21Section 3741jmp. 609.22 (8) of the statutes is amended to read:
SB55-ASA1-AA1,1301,222 609.22 (8) Access plan for certain enrollees. A managed care defined
23network
plan shall develop an access plan to meet the needs, with respect to covered
24benefits, of its enrollees who are members of underserved populations. If a
25significant number of enrollees of the plan customarily use languages other than

1English, the managed care defined network plan shall provide access to translation
2services fluent in those languages to the greatest extent possible.
SB55-ASA1-AA1, s. 3741jmt 3Section 3741jmt. 609.24 (1) (a) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,1301,104 609.24 (1) (a) (intro.) Subject to pars. (b) and (c) and except as provided in par.
5(d), a managed care defined network plan shall, with respect to covered benefits,
6provide coverage to an enrollee for the services of a provider, regardless of whether
7the provider is a participating provider at the time the services are provided, if the
8managed care defined network plan represented that the provider was, or would be,
9a participating provider in marketing materials that were provided or available to
10the enrollee at any of the following times:
SB55-ASA1-AA1, s. 3741kmg 11Section 3741kmg. 609.24 (1) (b) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,1301,1412 609.24 (1) (b) (intro.) Except as provided in par. (d), a managed care defined
13network
plan shall provide the coverage required under par. (a) with respect to the
14services of a provider who is a primary care physician for the following period of time:
SB55-ASA1-AA1, s. 3741kmp 15Section 3741kmp. 609.24 (1) (c) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,1301,2016 609.24 (1) (c) (intro.) Except as provided in par. (d), if an enrollee is undergoing
17a course of treatment with a participating provider who is not a primary care
18physician and whose participation with the plan terminates, the managed care
19defined network plan shall provide the coverage under par. (a) with respect to the
20services of the provider for the following period of time:
SB55-ASA1-AA1, s. 3741kmt 21Section 3741kmt. 609.24 (1) (d) 1. of the statutes is amended to read:
SB55-ASA1-AA1,1301,2322 609.24 (1) (d) 1. The provider no longer practices in the managed care defined
23network
plan's geographic service area.
SB55-ASA1-AA1, s. 3741Lmg 24Section 3741Lmg. 609.24 (1) (d) 2. of the statutes is amended to read:
SB55-ASA1-AA1,1302,3
1609.24 (1) (d) 2. The insurer issuing the managed care defined network plan
2terminates or terminated the provider's contract for misconduct on the part of the
3provider.
SB55-ASA1-AA1, s. 3471Lmp 4Section 3471Lmp. 609.24 (1) (e) 1. of the statutes is amended to read:
SB55-ASA1-AA1,1302,75 609.24 (1) (e) 1. An insurer issuing a managed care defined network plan shall
6include in its provider contracts provisions addressing reimbursement to providers
7for services rendered under this section.
SB55-ASA1-AA1, s. 3741Lmt 8Section 3741Lmt. 609.24 (1) (e) 2. of the statutes is amended to read:
SB55-ASA1-AA1,1302,129 609.24 (1) (e) 2. If a contract between a managed care defined network plan and
10a provider does not address reimbursement for services rendered under this section,
11the insurer shall reimburse the provider according to the most recent contracted
12rate.
SB55-ASA1-AA1, s. 3741mmb 13Section 3741mmb. 609.24 (4) of the statutes is created to read:
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