Amendment AA1-AB371

AB371-AA1,28,4 655.002 (2) (b) Except as provided in sub. (1) (b), a physician or, nurse anesthetist, or nurse-midwife for whom this state is not a principal place of practice, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession in this state. For a health care provider who elects to be subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is in this state and that is outside the scope of an exemption under s. 655.003 (1) or (3) or (4).

AB371-AA1, s. 11g Section 11g. 655.003 (1) of the statutes is amended to read:

AB371-AA1,28,9 655.003 (1) A physician or, a nurse anesthetist, or a nurse-midwife who is a state, county, or municipal employee, or federal employee or contractor covered under the federal tort claims act, as amended, and who is acting within the scope of his or her employment or contractual duties.

AB371-AA1, s. 11h Section 11h. 655.003 (3) of the statutes is amended to read:

AB371-AA1,28,15 655.003 (3) A physician or, a nurse anesthetist, or a nurse-midwife who provides professional services under the conditions described in s. 146.89 or 257.03 (1), with respect to those professional services provided by the physician or, nurse anesthetist, or nurse-midwife for which he or she is covered by s. 165.25 and considered an agent of the department, as provided in s. 165.25 (6) (b).

AB371-AA1, s. 11i Section 11i. 655.003 (4) of the statutes is created to read:

AB371-AA1,28,18 655.003 (4) A nurse-midwife who is considered to be an employee of the federal public health service under 42 USC 233 (g).

AB371-AA1, s. 11j Section 11j. 655.005 (2) (a) of the statutes is amended to read:

AB371-AA1,28,23 655.005 (2) (a) An employee of a health care provider if the employee is a physician or a nurse anesthetist or is a health care practitioner who is providing health care services that are not in collaboration with a physician under s. 441.15 (2) (b) or under the direction and supervision of a physician or nurse anesthetist.

AB371-AA1, s. 11k Section 11k. 655.005 (2) (a) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB371-AA1,29,4 655.005 (2) (a) An employee of a health care provider if the employee is a physician or a, nurse anesthetist, or nurse-midwife or is a health care practitioner who is providing health care services that are not under the direction and supervision of a physician or, nurse anesthetist, or nurse-midwife.

AB371-AA1, s. 11m Section 11m. 655.005 (2) (b) of the statutes is amended to read:

AB371-AA1,29,14 655.005 (2) (b) A service corporation organized under s. 180.1903 by health care professionals, as defined under s. 180.1901 (1m), if the board of governors determines that it is not the primary purpose of the service corporation to provide the medical services of physicians or, nurse anesthetists, or nurse-midwives. The board of governors may not determine under this paragraph that it is not the primary purpose of a service corporation to provide the medical services of physicians or, nurse anesthetists, or nurse-midwives unless more than 50% of the shareholders of the service corporation are neither not physicians nor, nurse anesthetists, or nurse-midwives.

AB371-AA1, s. 11n Section 11n. 655.23 (5m) of the statutes is amended to read:

AB371-AA1,29,18 655.23 (5m) The limits set forth in sub. (4) shall apply to any joint liability of a physician or, nurse anesthetist, or nurse-midwife and his or her corporation, partnership, or other organization or enterprise under s. 655.002 (1) (d), (e), or (em).

AB371-AA1, s. 11p Section 11p. 655.27 (3) (a) 4. of the statutes is amended to read:

AB371-AA1,29,23 655.27 (3) (a) 4. For a health care provider described in s. 655.002 (1) (d), (e), (em), or (f), risk factors and past and prospective loss and expense experience attributable to employees of that health care provider other than employees licensed as a physician or, nurse anesthetist , or nurse-midwife.

AB371-AA1, s. 11q Section 11q. 655.27 (3) (b) 2f. of the statutes is created to read:

AB371-AA1,30,5 655.27 (3) (b) 2f. With respect to fees paid by nurse-midwives, the rule may provide for a separate payment classification or for a payment classification that is combined with one or more other categories of health care providers, as the commissioner, after approval by the board of governors, determines is appropriate for pooling risks under the fund.

AB371-AA1, s. 11r Section 11r. 655.27 (3) (b) 2m. of the statutes is amended to read:

AB371-AA1,30,13 655.27 (3) (b) 2m. In addition to the fees and payment classifications described under subds. 1. and 2. to 2f., the commissioner, after approval by the board of governors, may by rule establish a separate payment classification for physicians satisfying s. 655.002 (1) (b) and, a separate fee for nurse anesthetists satisfying s. 655.002 (1) (b), and a separate fee for nurse-midwives satisfying s. 655.002 (1) (b) which take into account the loss experience of health care providers for whom Michigan is a principal place of practice.

AB371-AA1, s. 11s Section 11s. 655.275 (5) (b) 3. of the statutes is created to read:

AB371-AA1,30,16 655.275 (5) (b) 3. If a claim was paid for damages arising out of the rendering of care by a nurse-midwife, with at least one nurse-midwife.".

AB371-AA1,30,17 9. Page 9, line 24: delete " Section 11" and substitute "Section 11v".

AB371-AA1,30,18 10. Page 9, line 24: after that line insert:

AB371-AA1,30,19 " Section 11w. Nonstatutory provisions.

AB371-AA1,30,24 (1) Expiration of term of member on board of governors. Notwithstanding the length of terms specified for the members of the board of governors under section 619.04 (3) of the statutes, as affected by this act, the initial public member named by the Wisconsin Nurses Association shall be appointed for a term expiring on May 1, 2015.

AB371-AA1,31,10 (2) Notice of effective date of rule for fees. The commissioner of insurance shall promulgate a rule under section 655.27 (3) (b) of the statutes, as affected by this act, that takes into account participation in the injured patients and families compensation fund by nurse-midwives. The rule may provide for a separate payment classification or for a payment classification that is combined with one or more other categories of health care providers, as the commissioner, after approval by the board of governors, determines is appropriate for pooling risks under the fund. When the rule has been promulgated and is in effect, the commissioner of insurance shall publish a notice in the Wisconsin Administrative Register that specifies the effective date of the rule.

AB371-AA1, s. 11x Section 11x. Initial applicability.

AB371-AA1,31,16 (1) The treatment of section 71.07 (9e) (h) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect on or after August 1 the treatment of section 71.07 (9e) (h) of the statutes first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.".

AB371-AA1,31,17 11. Page 10, line 5: after that line insert:

AB371-AA1,32,2 "(2) Injured patients and families compensation fund. The treatment of sections 655.002 (1) (a), (b) (intro.) 1., 2., and 3., (c), (d), (e), and (em) and (2) (a) and (b), 655.003 (1), (3), and (4), 655.005 (2) (a) (by Section 11k) and (b), 655.23 (5m), 655.27 (3) (a) 4. and (b) 2f. and 2m., and 655.275 (5) (b) 3. of the statutes, the repeal of section 655.001 (7t) (b) of the statutes, and the renumbering and amendment of section 655.001 (7t) (a) of the statutes take effect on the first day of the 3rd month beginning after the date published by the commissioner of insurance in the Wisconsin Administrative Register under Section 11w (2) of this act.".

AB371-AA1,32,3 (End)