AB210-ASA1,6,85 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss.
649.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3),
7632.798, 632.85, 632.853, 632.855, 632.87 (4), (5), and (6), 632.885, 632.89, 632.895
8(9) to (17), 632.896, and 767.513 (4) and, so far as applicable, ch. 636.
AB210-ASA1, s. 15 9Section 15 . 185.983 (1) (intro.) of the statutes is amended to read:
AB210-ASA1,6,1710 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a
11cooperative association organized under s. 185.981 shall be exempt from chs. 600 to
12646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44,
13601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93,
14631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85,
15632.853, 632.855, 632.87 (2), (2m), (3), (4), (5), and (6), 632.885, 632.89, 632.895 (5)
16and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 625, 630, 635, 636, 645,
17and 646, but the sponsoring association shall:
AB210-ASA1, s. 16 18Section 16 . 185.983 (1) (intro.) of the statutes, as affected by 2011 Wisconsin
19Act .... (this act), is amended to read:
AB210-ASA1,7,220 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a
21cooperative association organized under s. 185.981 shall be exempt from chs. 600 to
22646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44,
23601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93,
24631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85,
25632.853, 632.855, 632.87 (2), (2m), (3), (4), (5), and (6), 632.885, 632.89, 632.895 (5)

1and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 625, 630, 635, 636, 645,
2and 646, but the sponsoring association shall:
AB210-ASA1, s. 17 3Section 17. 600.01 (2) (b) of the statutes is amended to read:
AB210-ASA1,7,54 600.01 (2) (b) Group or blanket insurance described in sub. (1) (b) 3. and 4. is
5not exempt from ss. 632.745 to 632.749, 632.83 or 632.835 or 636.12 or ch. 633 or 635.
AB210-ASA1, s. 18 6Section 18. 601.31 (1) (Lp) of the statutes is amended to read:
AB210-ASA1,7,87 601.31 (1) (Lp) For certifying as an independent review organization under s.
8632.835 636.15 (1) (a), $400.
AB210-ASA1, s. 19 9Section 19. 601.31 (1) (Lr) of the statutes is amended to read:
AB210-ASA1,7,1110 601.31 (1) (Lr) For each biennial recertification as an independent review
11organization under s. 632.835 636.15 (1) (a), $100.
AB210-ASA1, s. 20 12Section 20. 601.42 (4) of the statutes is amended to read:
AB210-ASA1,7,2413 601.42 (4) Replies. Any officer, manager or general agent of any insurer
14authorized to do or doing an insurance business in this state, any person controlling
15or having a contract under which the person has a right to control such an insurer,
16whether exclusively or otherwise, any person with executive authority over or in
17charge of any segment of such an insurer's affairs, any individual practice
18association or officer, director or manager of an individual practice association, any
19insurance agent or other person licensed under chs. 600 to 646, any provider of
20services under a continuing care contract, as defined in s. 647.01 (2), any
21independent review organization certified or recertified under s. 632.835 (4) 636.15
22(1) (a)
or any health care provider, as defined in s. 655.001 (8), shall reply promptly
23in writing or in other designated form, to any written inquiry from the commissioner
24requesting a reply.
AB210-ASA1, s. 21 25Section 21. 601.465 (1m) (d) of the statutes is created to read:
AB210-ASA1,8,3
1601.465 (1m) (d) Information contained in individual or small group health
2insurance rate and supplementary rate information filed under ch. 625 that the
3office determines is proprietary.
AB210-ASA1, s. 22 4Section 22. 609.655 (4) (b) of the statutes is amended to read:
AB210-ASA1,8,125 609.655 (4) (b) Upon completion of the review under par. (a), the medical
6director of the defined network plan shall determine whether the policy or certificate
7will provide coverage of any further treatment for the dependent student's nervous
8or mental disorder or alcoholism or other drug abuse problems that is provided by
9a provider located in reasonably close proximity to the school in which the student
10is enrolled. If the dependent student disputes the medical director's determination,
11the dependent student may submit a written grievance under the defined network
12plan's internal grievance procedure established under s. 632.83 636.12.
AB210-ASA1, s. 23 13Section 23. 609.755 of the statutes is repealed.
AB210-ASA1, s. 24 14Section 24. 625.02 (1) of the statutes is renumbered 625.02 (1m).
AB210-ASA1, s. 25 15Section 25. 625.02 (1h) of the statutes is created to read:
AB210-ASA1,8,1716 625.02 (1h) "Individual health insurance coverage" has the meaning given in
17s. 636.01 (4).
AB210-ASA1, s. 26 18Section 26. 625.02 (1p) of the statutes is created to read:
AB210-ASA1,8,1919 625.02 (1p) "Public Health Service Act" has the meaning given in s. 636.01 (9).
AB210-ASA1, s. 27 20Section 27. 625.02 (2f) of the statutes is created to read:
AB210-ASA1,8,2221 625.02 (2f) "Secretary" means the secretary of the federal department of health
22and human services.
AB210-ASA1, s. 28 23Section 28. 625.02 (2s) of the statutes is created to read:
AB210-ASA1,9,524 625.02 (2s) "Small employer health insurance" means health insurance
25coverage as defined in s. 636.01 (3) that is offered in the small group market as

1defined in section 2791 (e) (5) of the Public Health Service Act (42 USC 300gg-91 (e)
2(5)). For purposes of this subsection, a small employer is an employer that employed
3an average of at least one but not more than 50 employees on business days during
4the preceding calendar year and that employs at least one employee on the first day
5of the plan year.
AB210-ASA1, s. 29 6Section 29. 625.03 (1m) (e) of the statutes is renumbered 625.03 (1m) (e)
7(intro.) and amended to read:
AB210-ASA1,9,98 625.03 (1m) (e) (intro.) Group and blanket accident and sickness insurance
9other than credit, except for the following:
AB210-ASA1,9,10 101. Credit accident and sickness insurance.
AB210-ASA1, s. 30 11Section 30. 625.03 (1m) (e) 2. of the statutes is created to read:
AB210-ASA1,9,1412 625.03 (1m) (e) 2. Subject to s. 636.35, on and after September 1, 2011, small
13employer health insurance, unless the commissioner provides otherwise by rule,
14including emergency rule as provided in s. 636.10 (2).
AB210-ASA1, s. 31 15Section 31. 625.03 (1m) (e) 3. of the statutes is created to read:
AB210-ASA1,9,1916 625.03 (1m) (e) 3. Subject to s. 636.35, on and after September 1, 2011, group
17and blanket accident and sickness insurance offered in the individual market, as
18defined in s. 636.01 (5), unless the commissioner provides otherwise by rule,
19including emergency rule as provided in s. 636.10 (2).
AB210-ASA1, s. 32 20Section 32. 625.13 (1) of the statutes is amended to read:
AB210-ASA1,9,2421 625.13 (1) Filing procedure. Except as provided in sub. subs. (2) and (3), every
22authorized insurer and every rate service organization licensed under s. 625.31
23which has been designated by any insurer for the filing of rates under s. 625.15 (2)
24shall file with the commissioner all rates and supplementary rate information and

1all changes and amendments thereof made by it for use in this state within 30 days
2after they become effective.
AB210-ASA1, s. 33 3Section 33. 625.13 (3) of the statutes is created to read:
AB210-ASA1,10,124 625.13 (3) Individual and small employer health insurance. Subject to s.
5636.35, on and after September 1, 2011, unless the commissioner provides otherwise
6by rule, including emergency rule as provided in s. 636.10 (2), for individual health
7insurance coverage, group and blanket accident and sickness insurance offered in
8the individual market, or small employer health insurance an insurer, or a rate
9service organization licensed under s. 625.31 that has been designated by the insurer
10for the filing of rates under s. 625.15 (2), shall file with the commissioner all rates
11and supplementary rate information, and all changes and amendments to the
12information, before they become effective.
AB210-ASA1, s. 34 13Section 34. 625.14 of the statutes is amended to read:
AB210-ASA1,10,17 14625.14 Filings open to inspection. Each Subject to s. 601.465 (1m) (d), each
15filing and any supporting information filed under this chapter shall, as soon as filed,
16be open to public inspection at any reasonable time. Copies may be obtained by any
17person on request and upon payment of a reasonable charge therefor.
AB210-ASA1, s. 35 18Section 35. 632.76 (2) (ac) 1. of the statutes is amended to read:
AB210-ASA1,10,2419 632.76 (2) (ac) 1. Notwithstanding par. (a) and except as provided in subd. 4.,
20no claim or loss incurred or disability commencing after 12 months from the date of
21issue of an individual disability insurance policy, as defined in s. 632.895 (1) (a), may
22be reduced or denied on the ground that a disease or physical condition existed prior
23to the effective date of coverage, unless the condition was excluded from coverage by
24name or specific description by a provision effective on the date of the loss.
AB210-ASA1, s. 36 25Section 36. 632.76 (2) (ac) 2. of the statutes is amended to read:
AB210-ASA1,11,6
1632.76 (2) (ac) 2. Except as provided in subd. subds. 3. and 4., an individual
2disability insurance policy, as defined in s. 632.895 (1) (a), other than a short-term
3policy subject to s. 632.7495 (4) and (5), may not define a preexisting condition more
4restrictively than a condition, whether physical or mental, regardless of the cause
5of the condition, for which medical advice, diagnosis, care, or treatment was
6recommended or received within 12 months before the effective date of coverage.
AB210-ASA1, s. 37 7Section 37. 632.76 (2) (ac) 3. (intro.) of the statutes is amended to read:
AB210-ASA1,11,118 632.76 (2) (ac) 3. (intro.) Except as provided in subd. 4. and except as the
9commissioner provides by rule under s. 632.7495 (5), all of the following apply to an
10individual disability insurance policy that is a short-term policy subject to s.
11632.7495 (4) and (5):
AB210-ASA1, s. 38 12Section 38. 632.76 (2) (ac) 4. of the statutes is created to read:
AB210-ASA1,11,1713 632.76 (2) (ac) 4. Subdivisions 1., 2., and 3. do not apply to an individual
14disability insurance policy, as defined in s. 632.895 (1) (a), issued on or after
15September 23, 2010, and before January 1, 2014, that covers an individual who is
16under 19 years of age, with respect to coverage of that individual. Section 636.25 (1)
17(f) applies to such a policy with respect to coverage of that individual.
AB210-ASA1, s. 39 18Section 39. 632.83 of the statutes is repealed.
AB210-ASA1, s. 40 19Section 40. 632.835 of the statutes is repealed.
AB210-ASA1, s. 41 20Section 41. 632.885 of the statutes, as affected by 2011 Wisconsin Act 32, is
21repealed.
AB210-ASA1, s. 42 22Section 42. 632.895 (15) (c) (intro.) of the statutes is amended to read:
AB210-ASA1,11,2523 632.895 (15) (c) (intro.) A Except as otherwise required under s. 636.25 (1) (c),
24(2) (a), or (3) (a), a
policy or plan is required to continue coverage under par. (a) only
25until any of the following occurs:
AB210-ASA1, s. 43
1Section 43. Chapter 636 of the statutes is created to read:
AB210-ASA1,12,22 Chapter 636
AB210-ASA1,12,33 Health insurance reform
AB210-ASA1,12,4 4636.01 Definitions. In this chapter, unless the context requires otherwise:
AB210-ASA1,12,5 5(1) "Defined network plan" has the meaning given in s. 609.01 (1b).
AB210-ASA1,12,7 6(2) "Grandfathered health plan" has the meaning given in section 1251 (e) of
7the Patient Protection and Affordable Care Act.
AB210-ASA1,12,14 8(3) "Health insurance coverage" has the meaning given in section 2791 (b) (1)
9of the Public Health Service Act (42 USC 300gg-91 (b) (1)). "Health insurance
10coverage" includes coverage issued by an insurer and insurance that is a group
11health plan, as defined in section 2791 (a) (1) of the Public Health Service Act (42
12USC 300gg-91
(a) (1)). "Health insurance coverage" does not include excepted
13benefits that are excluded under section 2722 (b) or (c) of the Public Health Service
14Act (42 USC 300gg-21 (b) or (c)).
AB210-ASA1,12,17 15(4) "Individual health insurance coverage" means health insurance coverage
16offered to individuals in the individual market. "Individual health insurance
17coverage" does not include short-term limited duration insurance.
AB210-ASA1,12,19 18(5) "Individual market" has the meaning given in section 1304 (a) (2) of the
19Patient Protection and Affordable Care Act.
AB210-ASA1,12,23 20(6) "Limited-scope dental or vision benefits" means limited-scope dental or
21vision benefits provided under a separate policy, certificate, or contract of insurance
22or plan, or otherwise not provided as an integral part of the policy, certificate, or
23contract of insurance or plan.
AB210-ASA1,13,3
1(7) "Patient Protection and Affordable Care Act" means the federal Patient
2Protection and Affordable Care Act, P.L. 111-148, as amended by the federal Health
3Care and Education Reconciliation Act of 2010, P.L. 111-152.
AB210-ASA1,13,7 4(8) "Preexisting condition exclusion denial determination" means a
5determination by or on behalf of an insurer that issues a health benefit plan denying
6or terminating treatment or payment for treatment on the basis of a preexisting
7condition exclusion, as defined in s. 632.745 (23).
AB210-ASA1,13,10 8(9) "Public Health Service Act" means the federal Public Health Service Act of
91944, as amended, including by the Patient Protection and Affordable Care Act (42
10USC 300gg
et seq.).
AB210-ASA1,13,12 11(10) "Secretary" means the secretary of the federal department of health and
12human services.
AB210-ASA1,13,14 13(11) "Self-insured governmental health plan" means a self-insured health
14plan of the state or a county, city, village, town, or school district.
AB210-ASA1,13,22 15(12) "Small employer health insurance" means health insurance coverage
16offered in the small group market as defined in section 2791 (e) (5) of the Public
17Health Service Act (42 USC 300gg-91 (e) (5)) and section 1304 (a) (3) of the Patient
18Protection and Affordable Care Act, as applied by the secretary's regulation for the
19purposes of section 2718 of the Public Health Service Act (42 USC 300gg-18). For
20purposes of this definition, in section 1304 (a) (3) of the Patient Protection and
21Affordable Care Act, "small employer" has the meaning given in section 1304 (b) (2)
22of that act.
AB210-ASA1,14,3 23636.10 General provisions. (1) Authority is additional. The
24commissioner's authority under this chapter is in addition to any authority
25otherwise provided under chs. 600 to 635 and chs. 644 to 646. The commissioner may

1by rule establish standards for compliance with this chapter. The commissioner may
2establish reporting requirements for the purpose of monitoring or enforcing
3compliance with this chapter and rules adopted under this chapter.
AB210-ASA1,14,8 4(2) Emergency rule-making. Using the procedure under s. 227.24, the
5commissioner may promulgate any rule under this chapter or under s. 625.03 (1m)
6(e) 2. or 3. or 625.13 (3) as an emergency rule. Notwithstanding s. 227.24 (1) (c), any
7emergency rule promulgated under this subsection may remain in effect for up to one
8year and, in addition, may be extended under s. 227.24 (2).
AB210-ASA1,14,14 9(3) Employer size election. Notwithstanding s. 636.01 (12), this state reserves
10the right to elect through legislation, as permitted under section 1304 (b) (3) of the
11Patient Protection and Affordable Care Act, to substitute "51 employees" for "101
12employees" and "50 employees" for "100 employees," after the effective date of this
13subsection .... [LRB inserts date], for any purpose permitted under the Public Health
14Service Act.
AB210-ASA1,14,17 15636.12 Internal and external appeals. (1) Establishing standards.
16Notwithstanding any inconsistent provision of chs. 600 to 635 or chs. 644 to 646, the
17commissioner shall by rule do all of the following:
AB210-ASA1,14,2218 (a) Establish standards for internal appeals that, at a minimum, include
19consumer protections consistent with section 2719 (a) of the Public Health Service
20Act (42 USC 300gg-19 (a)), and require an insurer to comply with the standards. The
21commissioner shall apply the standards established under this paragraph to all of
22the following:
AB210-ASA1,14,2423 1. Group and individual health insurance coverage subject to section 2719 (a)
24of the Public Health Service Act (42 USC 300gg-19 (a)).
AB210-ASA1,15,2
12. Grandfathered health plans that otherwise would be subject to section 2719
2(a) of the Public Health Service Act (42 USC 300gg-19 (a)).
AB210-ASA1,15,43 3. A policy, certificate, or contract that provides only limited-scope dental or
4vision benefits.
AB210-ASA1,15,55 4. Coverage specified in s. 632.745 (11) (b) 10.
AB210-ASA1,15,136 (b) Establish standards for external appeals, including standards for appealing
7a preexisting condition exclusion denial determination or the rescission of a policy
8or certificate, and require an insurer to comply with the standards. The
9commissioner shall adopt standards under this paragraph that comply either with
10section 2719 (b) (1) of the Public Health Service Act (42 USC 300gg-19 (b) (1)) or with
11the standards established by the secretary under section 2719 (b) (2) of the Public
12Health Service Act (42 USC 300gg-19 (b) (2)). The commissioner shall apply the
13external appeal standards established under this paragraph to all of the following:
AB210-ASA1,15,1514 1. Group and individual health insurance coverage subject to section 2719 (b)
15of the Public Health Service Act (42 USC 300gg-19 (b)).
AB210-ASA1,15,1616 2. Grandfathered health plans.
AB210-ASA1,15,1717 3. Coverage specified in s. 632.745 (11) (b) 10.
AB210-ASA1,15,1918 4. Coverage specified in s. 632.745 (11) (b) 11., including Medicare supplement
19or replacement policies, but excluding Medicare advantage plans.
AB210-ASA1,15,2020 (c) Establish standards for independent review organizations.
AB210-ASA1,15,22 21(2) Compliance required. An insurer and an independent review organization
22shall comply with the rules promulgated under this chapter.
AB210-ASA1,16,8 23636.15 Independent review organizations. (1) Certification. (a) An
24independent review organization may not perform a review for purposes of the
25external appeals process established in accordance with standards promulgated

1under s. 636.12 (1) (b) unless the organization is certified by the commissioner.
2Unless the commissioner provides otherwise by rule, only an independent review
3organization that is accredited by a nationally recognized private accreditation
4organization may be certified under this paragraph. An independent review
5organization must demonstrate to the satisfaction of the commissioner that it is
6unbiased and does not have a conflict of interest, as defined by the commissioner by
7rule. An organization certified under this paragraph must be recertified on a
8biennial basis.
AB210-ASA1,16,139 (b) An organization applying for certification or recertification as an
10independent review organization shall pay the applicable fee under s. 601.31 (1) (Lp)
11or (Lr). Every organization certified or recertified as an independent review
12organization shall file a report with the commissioner in accordance with rules
13promulgated under s. 636.12 (1) (c).
AB210-ASA1,16,1814 (c) An independent review organization that was certified or recertified by the
15commissioner under s. 632.835, 2009 stats., and whose certification is in effect on the
16effective date of this paragraph .... [LRB inserts date], shall be considered to have
17been certified under par. (a), and its certification shall remain in effect until the
18certification expires or it is revoked or suspended under sub. (5) or s. 227.51 (3).
AB210-ASA1,16,23 19(2) Quality assurance mechanism. An independent review organization shall
20have in operation a quality assurance mechanism to ensure the timeliness and
21quality of the independent reviews, the qualifications and independence of the
22clinical peer reviewers, and the confidentiality of the medical records and review
23materials.
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