Amendment ASA1-AB729

AB729-ASA1,6,5 (3) Information on charges that is provided to a patient under sub. (2) shall be updated annually by the health care provider and may not be construed as a legally binding estimate of the cost to the patient.

AB729-ASA1,6,14 (4) Except as provided in sub. (5), a health care provider shall prominently display, in the area of the health care provider's practice or facility that is most commonly frequented by patients, a statement informing the patients that they have the right to request charge information for health care services, diagnostic tests, or procedures from the health care provider or, if the requirements under s. 632.798 (2) (d) are met, a good faith estimate, from their insurers or self-insured health plans, of the insured's total out-of-pocket cost according to the insured's benefit terms for the specified health care service in the geographic region in which the health care service will be provided.

AB729-ASA1,6,15 (5) This section does not apply to any of the following:

AB729-ASA1,6,17 (a) A health care provider that practices individually and not in association with another health care provider.

AB729-ASA1,6,19 (b) Health care providers that are an association of 3 or fewer individual health care providers.

AB729-ASA1,6,21 (6) (a) Whoever violates this section may be required to forfeit not more than $500 for each violation.

AB729-ASA1,7,2 (b) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the alleged violator. The notice shall specify the amount of the forfeiture assessed, the violation, and the statute or rule alleged to have been violated, and shall inform the alleged violator of the right to a hearing under par. (c).

AB729-ASA1,7,14 (c) An alleged violator may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under par. (b), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.

AB729-ASA1,7,20 (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund.

AB729-ASA1,7,24 (e) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this subsection if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action is whether the forfeiture has been paid.

AB729-ASA1, s. 6 Section 6. 185.981 (4t) of the statutes, as affected by 2007 Wisconsin Act 36, is amended to read:

AB729-ASA1,8,6 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.17, 631.89, 631.95, 632.72 (2), 632.745 to 632.749, 632.798, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), and (5), and (6), 632.895 (10) to (15), and 632.897 (10) and chs. 149 and 155.

AB729-ASA1, s. 7 Section 7. 185.983 (1) (intro.) of the statutes, as affected by 2007 Wisconsin Act 36, is amended to read:

AB729-ASA1,8,15 185.983 (1) (intro.) Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), and (5), and (6), 632.895 (5) and (9) to (15), 632.896, and 632.897 (10) and chs. 609, 630, 635, 645, and 646, but the sponsoring association shall:

AB729-ASA1, s. 8 Section 8. 609.71 of the statutes is created to read:

AB729-ASA1,8,19 609.71 Disclosure of out-of-pocket costs. Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.798.

AB729-ASA1, s. 9 Section 9. 632.798 of the statutes is created to read:

AB729-ASA1,8,22 632.798 Disclosure of out-of-pocket costs. (1) Definitions. In this section:

AB729-ASA1,8,23 (a) "Disability insurance policy" has the meaning given in s. 632.895 (1) (a).

AB729-ASA1,8,25 (b) "Insured" includes an enrollee under a self-insured health plan and a representative or designee of an insured or enrollee.

AB729-ASA1,9,2 (c) "Self-insured health plan" means a self-insured health plan of the state or a county, city, village, town, or school district.

AB729-ASA1,9,9 (2) Provide estimate. (a) A self-insured health plan or an insurer that provides coverage under a disability insurance policy shall, at the request of an insured, provide to the insured a good faith estimate, as of the date of the request and assuming no medical complications or modifications to the treatment plan, of the insured's total out-of-pocket cost according to the insured's benefit terms for a specified health care service in the geographic region in which the health care service will be provided.

AB729-ASA1,9,11 (b) An estimate provided by an insurer or self-insured health plan under this section is not a legally binding estimate of the out-of-pocket cost.

AB729-ASA1,9,13 (c) An insurer or self-insured health plan may not charge an insured for providing the information under this section.

AB729-ASA1,9,16 (d) Before providing the information requested under par. (a), the insurer or self-insured health plan may require the insured to provide any of the following information:

AB729-ASA1,9,17 1. The name of the provider providing the service.

AB729-ASA1,9,18 2. The facility at which the service will be provided.

AB729-ASA1,9,19 3. The date the service will be provided.

AB729-ASA1,9,20 4. The provider's estimate of the charge for the service.

AB729-ASA1,9,23 5. The code for the service under the Current Procedural Terminology of the American Medical Association or under the Current Dental Terminology of the American Dental Association.

AB729-ASA1, s. 10 Section 10. Initial applicability.

AB729-ASA1,10,7 (1) Disclosure of charges and out-of-pocket costs. If a disability insurance policy or a governmental self-insured health plan that is in effect on the effective date of this subsection, or a contract or agreement between a provider and a health care plan that is in effect on the effective date of this subsection, contains a provision that is inconsistent with this act, this act first applies to that disability insurance policy, governmental self-insured health plan, or contract or agreement on the date on which it is modified, extended, or renewed.

AB729-ASA1, s. 11 Section 11. Effective dates. This act takes effect on the first day of the 10th month beginning after publication, except as follows:

AB729-ASA1,10,11 (1) Forfeiture. The treatment of section 146.903 (6) of the statutes takes effect on the first day of the 20th month beginning after publication.

AB729-ASA1,10,12 (End)