Amendment AA8-ASA1-AB64

AB64-ASA1-AA8,16,25 (4) Notice of rate increase to insureds. If the commissioner approves a rate increase filed under sub. (2) (a), the insurer shall provide notice of the rate increase to each insured under the health benefit plan at least 60 days before the rate increase goes into effect.”.

AB64-ASA1-AA8,17,1 24. Page 925, line 14: after that line insert:

AB64-ASA1-AA8,17,2 “ Section 2218u. 609.713 of the statutes is created to read:

AB64-ASA1-AA8,17,4 609.713 Essential health benefits. Defined network plans and preferred provider plans are subject to s. 632.895 (14m).

AB64-ASA1-AA8,2218y Section 2218y. 632.895 (14m) of the statutes is created to read:

AB64-ASA1-AA8,17,7 632.895 (14m) Essential health benefits. (a) In this subsection, “self-insured health plan” has the meaning given in s. 632.85 (1) (c).

AB64-ASA1-AA8,17,10 (b) On a date specified by the commissioner, by rule, every disability insurance policy and every self-insured health plan shall provide coverage for essential health benefits as determined by the commissioner, by rule, subject to par. (c).

AB64-ASA1-AA8,17,12 (c) In determining the essential health benefits for which coverage is required under par. (b), the commissioner shall do all of the following:

AB64-ASA1-AA8,17,14 1. Include benefits, items, and services in, at least, all of the following categories:

AB64-ASA1-AA8,17,15 a. Ambulatory patient services.

AB64-ASA1-AA8,17,16 b. Emergency services.

AB64-ASA1-AA8,17,17 c. Hospitalization.

AB64-ASA1-AA8,17,18 d. Maternity and newborn care.

AB64-ASA1-AA8,17,20 e. Mental health and substance use disorder services, including behavioral health treatment.

AB64-ASA1-AA8,17,21 f. Prescription drugs.

AB64-ASA1-AA8,17,22 g. Rehabilitative and habilitative services and devices.

AB64-ASA1-AA8,17,23 h. Laboratory services.

AB64-ASA1-AA8,17,24 i. Preventive and wellness services and chronic disease management.

AB64-ASA1-AA8,18,1 j. Pediatric services, including oral and vision care.

AB64-ASA1-AA8,18,6 2. Conduct a survey of employer-sponsored coverage to determine benefits typically covered by employers and ensure that the scope of essential health benefits for which coverage is required under this subsection is equal to the scope of benefits covered under a typical disability insurance policy offered by an employer to its employees.

AB64-ASA1-AA8,18,8 3. Ensure that essential health benefits reflect a balance among the categories described in subd. 1. such that benefits are not unduly weighted toward one category.

AB64-ASA1-AA8,18,10 4. Ensure that essential health benefit coverage is provided with no or limited cost-sharing requirements.

AB64-ASA1-AA8,18,14 5. Require that disability insurance policies and self-insured health plans do not make coverage decisions, determine reimbursement rates, establish incentive programs, or design benefits in ways that discriminate against individuals because of their age, disability, or expected length of life.

AB64-ASA1-AA8,18,17 6. Establish essential health benefits in a way that takes account of the health care needs of diverse segments of the population, including women, children, persons with disabilities, and other groups.

AB64-ASA1-AA8,18,21 7. Ensure that essential health benefits established under this subsection not be subject to a coverage denial based on an insured's or plan participant's age, expected length of life, present or predicted disability, degree of dependency on medical care, or quality of life.

AB64-ASA1-AA8,19,3 8. Require that disability insurance policies and self-insured health plans cover emergency department services that are essential health benefits without imposing any requirement to obtain prior authorization for those services and without limiting coverage for services provided by an emergency services provider that is not in the provider network of a policy or plan in a way that is more restrictive than requirements or limitations that apply to emergency services provided by a provider that is in the provider network of the policy or plan.

AB64-ASA1-AA8,19,8 9. Require a disability insurance policy or self-insured health plan to apply to emergency department services that are essential health benefits provided by an emergency department provider that is not in the provider network of the policy or plan the same copayment amount or coinsurance rate that applies if those services are provided by a provider that is in the provider network of the policy or plan.

AB64-ASA1-AA8,19,10 (d) The commissioner shall periodically update, by rule, the essential health benefits under this subsection to address any gaps in access to coverage.

AB64-ASA1-AA8,19,15 (e) If an essential health benefit is also subject to mandated coverage elsewhere under this section and the coverage requirements are not identical, the disability insurance policy or self-insured health plan shall provide coverage under whichever subsection provides the insured or plan participant with more comprehensive coverage of the medical condition, item, or service.

AB64-ASA1-AA8,19,19 (f) Nothing in this subsection or rules promulgated under this subsection prohibits a disability insurance policy or a self-insured health plan from providing benefits in excess of the essential health benefit coverage required under this subsection.”.

AB64-ASA1-AA8,19,20 25. Page 925, line 14: after that line insert:

AB64-ASA1-AA8,19,21 “ Section 2218t. 609.847 of the statutes is created to read:

AB64-ASA1-AA8,19,24 609.847 Preexisting condition discrimination prohibited. Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.728.

AB64-ASA1-AA8,2218w Section 2218w. 625.12 (1) (a) of the statutes is amended to read:

AB64-ASA1-AA8,20,3 625.12 (1) (a) Past and prospective loss and expense experience within and outside of this state, except as provided in s. 632.728.

AB64-ASA1-AA8,2218y Section 2218y. 625.12 (1) (e) of the statutes is amended to read:

AB64-ASA1-AA8,20,6 625.12 (1) (e) Subject to s. ss. 632.365 and 632.728, all other relevant factors, including the judgment of technical personnel.

AB64-ASA1-AA8,2219b Section 2219b. 625.12 (2) of the statutes is amended to read:

AB64-ASA1-AA8,20,16 625.12 (2) Classification. Risks Except as provided in s. 632.728, risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that no classifications may be based on race, color, creed or national origin, and classifications in automobile insurance may not be based on physical condition or developmental disability as defined in s. 51.01 (5). Subject to s. ss. 632.365 and 632.728, rates thus produced may be modified for individual risks in accordance with rating plans or schedules that establish reasonable standards for measuring probable variations in hazards, expenses, or both. Rates may also be modified for individual risks under s. 625.13 (2).

AB64-ASA1-AA8,2219d Section 2219d. 625.15 (1) of the statutes is amended to read:

AB64-ASA1-AA8,20,25 625.15 (1) Rate making. An Except as provided in s. 632.728, an insurer may itself establish rates and supplementary rate information for one or more market segments based on the factors in s. 625.12 and, if the rates are for motor vehicle liability insurance, subject to s. 632.365, or the insurer may use rates and supplementary rate information prepared by a rate service organization, with average expense factors determined by the rate service organization or with such modification for its own expense and loss experience as the credibility of that experience allows.

AB64-ASA1-AA8,2219f Section 2219f. 628.34 (3) (a) of the statutes is amended to read:

AB64-ASA1-AA8,21,8 628.34 (3) (a) No insurer may unfairly discriminate among policyholders by charging different premiums or by offering different terms of coverage except on the basis of classifications related to the nature and the degree of the risk covered or the expenses involved, subject to ss. 632.365, 632.728, 632.746 and 632.748. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, blanket or franchise policy, and terms are not unfairly discriminatory merely because they are more favorable than in a similar individual policy.

AB64-ASA1-AA8,2219h Section 2219h. 632.728 of the statutes is created to read:

AB64-ASA1-AA8,21,11 632.728 Premiums and cost-sharing discrimination prohibited for preexisiting conditions. (1) Definition. In this section:

AB64-ASA1-AA8,21,12 (a) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).

AB64-ASA1-AA8,21,13 (b) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

AB64-ASA1-AA8,21,19 (2) Prohibition. For the purpose of setting rates or premiums for coverage under a group or individual disability insurance policy or a self-insured health plan and for the purpose of setting any deductibles, copayments, or coinsurance under a group or individual disability insurance policy or a self-insured health plan, the policy or plan may not consider whether an individual, including a dependent, who would be covered under the plan has a preexisting condition.

AB64-ASA1-AA8,2219j Section 2219j. 632.746 (1) (a) of the statutes is renumbered 632.746 (1) and amended to read:

AB64-ASA1-AA8,22,3 632.746 (1) Subject to subs. (2) and (3), an An insurer that offers a group health benefit plan may, with respect to a participant or beneficiary under the plan, not impose a preexisting condition exclusion only if the exclusion relates to a condition, whether physical or mental, regardless of the cause of the condition, for which medical advice, diagnosis, care or treatment was recommended or received within the 6-month period ending on the participant's or beneficiary's enrollment date under the plan on a participant or beneficiary under the plan.

AB64-ASA1-AA8,2219n Section 2219n. 632.746 (1) (b) of the statutes is repealed.

AB64-ASA1-AA8,2219p Section 2219p. 632.746 (2) (a) of the statutes is amended to read:

AB64-ASA1-AA8,22,8 632.746 (2) (a) An insurer offering a group health benefit plan may not treat genetic information as a preexisting condition under sub. (1) without a diagnosis of a condition related to the information.

AB64-ASA1-AA8,2219r Section 2219r. 632.746 (2) (c), (d) and (e) of the statutes are repealed.

AB64-ASA1-AA8,2219t Section 2219t. 632.746 (3) (a) of the statutes is repealed.

AB64-ASA1-AA8,2219v Section 2219v. 632.746 (3) (d) 1. of the statutes is renumbered 632.746 (3) (d).

AB64-ASA1-AA8,2219x Section 2219x. 632.746 (3) (d) 2. and 3. of the statutes are repealed.

AB64-ASA1-AA8,2219z Section 2219z. 632.746 (5) of the statutes is repealed.

AB64-ASA1-AA8,2220b Section 2220b. 632.746 (8) (a) (intro.) of the statutes is amended to read:

AB64-ASA1-AA8,22,18 632.746 (8) (a) (intro.) A health maintenance organization that offers a group health benefit plan and that does not impose any preexisting condition exclusion under sub. (1) with respect to a particular coverage option may impose an affiliation period for that coverage option, but only if all of the following apply:

AB64-ASA1-AA8,2220d Section 2220d. 632.76 (2) (a) and (ac) 1. and 2. of the statutes are amended to read:

AB64-ASA1-AA8,23,3 632.76 (2) (a) No claim for loss incurred or disability commencing after 2 years from the date of issue of the policy may be reduced or denied on the ground that a disease or physical condition existed prior to the effective date of coverage, unless the condition was excluded from coverage by name or specific description by a provision effective on the date of loss. This paragraph does not apply to a group health benefit plan, as defined in s. 632.745 (9), which is subject to s. 632.746, a disability insurance policy, as defined in s. 632.895 (1) (a), or a self-insured health plan, as defined in s. 632.85 (1) (c).

AB64-ASA1-AA8,23,9 (ac) 1. Notwithstanding par. (a), no No claim or loss incurred or disability commencing after 12 months from the date of issue of under an individual disability insurance policy, as defined in s. 632.895 (1) (a), may be reduced or denied on the ground that a disease or physical condition existed prior to the effective date of coverage, unless the condition was excluded from coverage by name or specific description by a provision effective on the date of the loss.

AB64-ASA1-AA8,23,15 2. Except as provided in subd. 3., an An individual disability insurance policy, as defined in s. 632.895 (1) (a), other than a short-term policy subject to s. 632.7495 (4) and (5), may not define a preexisting condition more restrictively than a condition, whether physical or mental, regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within 12 months before the effective date of coverage.

AB64-ASA1-AA8,2220f Section 2220f. 632.76 (2) (ac) 3. of the statutes is repealed.

AB64-ASA1-AA8,1 Section 1. 632.795 (4) (a) of the statutes is amended to read:

AB64-ASA1-AA8,24,4 632.795 (4) (a) An insurer subject to sub. (2) shall provide coverage under the same policy form and for the same premium as it originally offered in the most recent enrollment period, subject only to the medical underwriting used in that enrollment period. Unless otherwise prescribed by rule, the insurer may apply deductibles, preexisting condition limitations, waiting periods , or other limits only to the extent that they would have been applicable had coverage been extended at the time of the most recent enrollment period and with credit for the satisfaction or partial satisfaction of similar provisions under the liquidated insurer's policy or plan. The insurer may exclude coverage of claims that are payable by a solvent insurer under insolvency coverage required by the commissioner or by the insurance regulator of another jurisdiction. Coverage shall be effective on the date that the liquidated insurer's coverage terminates.

AB64-ASA1-AA8,2220h Section 2220h. 632.897 (11) (a) of the statutes is amended to read:

AB64-ASA1-AA8,24,14 632.897 (11) (a) Notwithstanding subs. (2) to (10), the commissioner may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a terminated insured or an eligible individual under any federal program that provides for a federal premium subsidy for individuals covered under continuation of coverage under a group policy, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, election of alternative coverage, and status as an eligible individual, as defined in s. 149.10 (2t), 2011 stats.”.

AB64-ASA1-AA8,24,15 26. Page 925, line 14: after that line insert:

AB64-ASA1-AA8,24,16 “ Section 2218t. 609.896 of the statutes is created to read:

AB64-ASA1-AA8,24,18 609.896 Preventive services. Defined network plans and preferred provider plans are subject to s. 632.895 (13m).

AB64-ASA1-AA8,2218w Section 2218w. 632.895 (8) (d) of the statutes is amended to read:

AB64-ASA1-AA8,25,2 632.895 (8) (d) Coverage is required under this subsection despite whether the woman shows any symptoms of breast cancer. Except as provided in pars. (b), (c), and (e), coverage under this subsection may only be subject to exclusions and limitations, including deductibles, copayments and restrictions on excessive charges, that are applied to other radiological examinations covered under the disability insurance policy. Coverage under this subsection may not be subject to any deductibles, copayments, or coinsurance.

AB64-ASA1-AA8,2219b Section 2219b. 632.895 (13m) of the statutes is created to read:

AB64-ASA1-AA8,25,5 632.895 (13m) Preventive services. (a) In this section, “self-insured health plan” has the meaning given in s. 632.85 (1) (c).

AB64-ASA1-AA8,25,7 (b) Every disability insurance policy and every self-insured health plan shall provide coverage for all of the following preventive services:

AB64-ASA1-AA8,25,8 1. Mammography in accordance with sub. (8).

AB64-ASA1-AA8,25,10 2. Genetic breast cancer screening and counseling and preventive medication for adult women at high risk for breast cancer.

AB64-ASA1-AA8,25,12 3. Papanicolaou test for cancer screening for women 21 years of age or older with an intact cervix.

AB64-ASA1-AA8,25,14 4. Human papillomavirus testing for women who have attained the age of 30 years but have not attained the age of 66 years.

AB64-ASA1-AA8,25,15 5. Colorectal cancer screening in accordance with sub. (16m).

AB64-ASA1-AA8,25,18 6. Annual tomography for lung cancer screening for adults who have attained the age of 55 years but have not attained the age of 80 years and who have health histories demonstrating a risk for lung cancer.

AB64-ASA1-AA8,25,20 7. Skin cancer screening for individuals who have attained the age of 10 years but have not attained the age of 22 years.

AB64-ASA1-AA8,25,22 8. Counseling for skin cancer prevention for adults who have attained the age of 18 years but have not attained the age of 25 years.

AB64-ASA1-AA8,25,24 9. Abdominal aortic aneurysm screening for men who have attained the age of 65 years but have not attained the age of 75 years and who have ever smoked.

AB64-ASA1-AA8,26,3 10. Hypertension screening for adults and blood pressure testing for adults, for children under the age of 3 years who are at high risk for hypertension, and for children 3 years of age or older.

AB64-ASA1-AA8,26,6 11. Lipid disorder screening for minors 2 years of age or older, high risk women 20 years of age or older, men age 20 years of age or older at high risk for lipid disorders, and all men 35 years of age or older.

AB64-ASA1-AA8,26,9 12. Aspirin therapy for cardiovascular health for adults who have attained the age of 55 years but have not attained the age of 80 years and for men who have attained the age of 45 years but have not attained the age of 55 years.