Amendment SA3-AB64

AB64-SA3,7,18 “ Section 983a. 66.0137 (4) of the statutes, as affected by 2017 Wisconsin Act 30, is amended to read:

AB64-SA3,8,2 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.728, 632.746 (1), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (4) to (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).”.

AB64-SA3,8,3 12. Page 587, line 14: after that line insert:

AB64-SA3,8,4 “ Section 985d. 66.0602 (3) (e) 10. of the statutes is created to read:

AB64-SA3,8,6 66.0602 (3) (e) 10. The amount that a municipality levies in that year for costs related to community oriented policing services.”.

AB64-SA3,8,7 13. Page 625, line 7: after that line insert:

AB64-SA3,8,8 “ Section 1047s. 71.07 (8m) of the statutes is created to read:

AB64-SA3,8,10 71.07 (8m) Additional household and dependent care expenses tax credit. (a) Definitions. In this subsection:

AB64-SA3,8,13 1. “Claimant" means an individual who is eligible for and claims the household and dependent care expenses tax credit for the taxable year to which the claim under this subsection relates.

AB64-SA3,8,15 2. “Household and dependent care expenses tax credit" means the tax credit under section 21 of the Internal Revenue Code.

AB64-SA3,8,21 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, an amount equal to the amount of the household and dependent care expenses tax credit that the taxpayer claimed on his or her federal income tax return for the taxable year to which the claim under this subsection relates.

AB64-SA3,8,23 (c) Limitations. 1. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

AB64-SA3,9,3 2. No credit may be allowed under this subsection for a taxable year covering a period of less than 12 months, except for a taxable year closed by reason of the death of the taxpayer.

AB64-SA3,9,5 3. The credit under this subsection may not be claimed by either a part-year resident or nonresident of this state.

AB64-SA3,9,7 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.”.

AB64-SA3,9,8 14. Page 628, line 10: after that line insert:

AB64-SA3,9,9 “ Section 1052q. 71.10 (4) (cs) of the statutes is created to read:

AB64-SA3,9,11 71.10 (4) (cs) Additional household and dependent care expenses tax credit under s. 71.07 (8m).”.

AB64-SA3,9,12 15. Page 831, line 3: after that line insert:

AB64-SA3,9,14 “ Section 1624k. 120.13 (2) (g) of the statutes, as affected by 2017 Wisconsin Act 30, is amended to read:

AB64-SA3,9,18 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.728, 632.746 (1), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (4) to (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).”.

AB64-SA3,9,19 16. Page 857, line 18: after that line insert:

AB64-SA3,9,21 “ Section 1691am. 185.983 (1) (intro.) of the statutes, as affected by 2017 Wisconsin Act 30, is amended to read:

AB64-SA3,9,24 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 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, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.728, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (2) to (6), 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:”.

AB64-SA3,10,6 17. Page 859, line 13: after that line insert:

AB64-SA3,10,7 “ Section 1693m. 196.37 (6) of the statutes is created to read:

AB64-SA3,10,16 196.37 (6) (a) It is not unjust, unreasonable, insufficient, unfairly discriminatory, or preferential or otherwise unreasonable or unlawful for a water public utility to provide financial assistance as specified in par. (b) to a customer solely for private infrastructure improvements with the purpose of replacing service lines containing lead if the city, town, or village in which the water public utility operates has enacted an ordinance that permits the water public utility to provide the financial assistance. If a water public utility provides financial assistance under this paragraph, the commission shall include in the determination of water rates the cost of providing that financial assistance.

AB64-SA3,10,20 (b) A water public utility may provide financial assistance under par. (a) to replace a service line only if the portion of the service line for which the utility is responsible and the water main that are connected to the customer's service line meet one of the following conditions:

AB64-SA3,10,21 1. Do not contain lead.

AB64-SA3,10,23 2. The lead-containing portion of the service line or water main is replaced at the same time as the private infrastructure improvements under par. (a) are made.”.

AB64-SA3,10,24 18. Page 863, line 12: after that line insert:

AB64-SA3,11,1 “ Section 1707m. 227.01 (13) (xm) of the statutes is repealed.”.

AB64-SA3,11,3 19. Page 869, line 22: delete the material beginning with that line and ending with page 871, line 2.

AB64-SA3,11,4 20. Page 883, line 9: after that line insert:

AB64-SA3,11,6 “ Section 1803d. 281.34 (1) (ek) of the statutes, as created by 2017 Wisconsin Act 10, is repealed.

AB64-SA3,1803h Section 1803h. 281.34 (2) of the statutes, as affected by 2017 Wisconsin Act 10, is amended to read:

AB64-SA3,11,14 281.34 (2) Approval required for high capacity wells. Except as provided under sub. (2g), an An owner shall apply to the department for approval before construction of a high capacity well begins. Except as provided under sub. (2g), no No person may construct or withdraw water from a high capacity well without the approval of the department under this section or under s. 281.17 (1), 2001 stats. An owner applying for approval under this subsection shall pay a fee of $500.

AB64-SA3,1803p Section 1803p. 281.34 (2g) of the statutes, as created by 2017 Wisconsin Act 10, is repealed.

AB64-SA3,1803t Section 1803t. 281.34 (7m) of the statutes, as created by 2017 Wisconsin Act 10, is repealed.”.

AB64-SA3,11,19 21. Page 925, line 14: after that line insert:

AB64-SA3,11,20 “ Section 2218t. 609.847 of the statutes is created to read:

AB64-SA3,11,23 609.847 Preexisting condition discrimination prohibited. Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.728.

AB64-SA3,2218w Section 2218w. 625.12 (1) (a) of the statutes is amended to read:

AB64-SA3,12,2 625.12 (1) (a) Past and prospective loss and expense experience within and outside of this state, except as provided in s. 632.728.

AB64-SA3,2218y Section 2218y. 625.12 (1) (e) of the statutes is amended to read:

AB64-SA3,12,5 625.12 (1) (e) Subject to s. ss. 632.365 and 632.728, all other relevant factors, including the judgment of technical personnel.

AB64-SA3,2219b Section 2219b. 625.12 (2) of the statutes is amended to read:

AB64-SA3,12,15 625.12 (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-SA3,2219d Section 2219d. 625.15 (1) of the statutes is amended to read:

AB64-SA3,12,24 625.15 (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-SA3,2219f Section 2219f. 628.34 (3) (a) of the statutes is amended to read:

AB64-SA3,13,7 628.34 (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-SA3,2219h Section 2219h. 632.728 of the statutes is created to read:

AB64-SA3,13,10 632.728 Premiums and cost-sharing discrimination prohibited for preexisiting conditions. (1) Definition. In this section:

AB64-SA3,13,11 (a) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).

AB64-SA3,13,12 (b) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

AB64-SA3,13,18 (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-SA3,2219j Section 2219j. 632.746 (1) (a) of the statutes is renumbered 632.746 (1) and amended to read:

AB64-SA3,14,2 632.746 (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-SA3,2219n Section 2219n. 632.746 (1) (b) of the statutes is repealed.

AB64-SA3,2219p Section 2219p. 632.746 (2) (a) of the statutes is amended to read:

AB64-SA3,14,7 632.746 (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-SA3,2219r Section 2219r. 632.746 (2) (c), (d) and (e) of the statutes are repealed.

AB64-SA3,2219t Section 2219t. 632.746 (3) (a) of the statutes is repealed.

AB64-SA3,2219v Section 2219v. 632.746 (3) (d) 1. of the statutes is renumbered 632.746 (3) (d).

AB64-SA3,2219x Section 2219x. 632.746 (3) (d) 2. and 3. of the statutes are repealed.

AB64-SA3,2219z Section 2219z. 632.746 (5) of the statutes is repealed.

AB64-SA3,2220b Section 2220b. 632.746 (8) (a) (intro.) of the statutes is amended to read:

AB64-SA3,14,17 632.746 (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-SA3,2220d Section 2220d. 632.76 (2) (a) and (ac) 1. and 2. of the statutes are amended to read:

AB64-SA3,15,2 632.76 (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-SA3,15,8 (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-SA3,15,14 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-SA3,2220f Section 2220f. 632.76 (2) (ac) 3. of the statutes is repealed.

AB64-SA3,2 Section 2. 632.795 (4) (a) of the statutes is amended to read:

AB64-SA3,16,3 632.795 (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-SA3,2220h Section 2220h. 632.897 (11) (a) of the statutes is amended to read:

AB64-SA3,16,13 632.897 (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-SA3,16,14 22. Page 1015, line 10: after that line insert:

AB64-SA3,16,20 “(5r) Extension of prescription drug assistance for elderly. The department of health services shall request from the federal secretary of health and human services any waiver of federal medicaid laws necessary to permit the department of health services to continue administering the program under section 49.688 of the statutes for 4 years from the date the waiver under this subsection is granted. The department shall implement any waiver received under this subsection.”.

AB64-SA3,16,21 23. Page 1016, line 20: after that line insert:

AB64-SA3,17,3 “(7g) Increasing Medical Assistance reimbursement rates. The department of health services shall increase the reimbursement rates 12 percent under the Medical Assistance program for dates of service on and after January 1, 2017, for noninstitutional providers who are not personal care services providers, hospitals, nursing homes, or providers of services for which reimbursement is made on a basis other than a maximum fee schedule.”.

AB64-SA3,17,4 24. Page 1065, line 18: after that line insert:

AB64-SA3,17,5 “(1e) Preexisting conditions.

AB64-SA3,17,12 (a) For policies and plans containing inconsistent provisions, the treatment of sections 40.51 (8), 40.51 (8m), 66.0137 (4), 120.13 (2) (g), 185.983 (1) (intro.), 609.847, 625.12 (1) (a) and (e) and (2), 625.15 (1), 628.34 (3) (a), 632.728, 632.746 (1) (a) and (b), (2) (a), (c), (d), and (e), (3) (a) and (d) 1., 2. and 3., (5), and (8) (a) (intro.), 632.76 (2) (a) and (ac) 1., 2., and 3., 632.795 (4) (a), and 632.897 (11) (a) of the statutes first applies to policy or plan years beginning on January 1 of the year following the year in which this paragraph takes effect, except as provided in paragraph (b).

AB64-SA3,17,21 (b) For policies or plans that are affected by a collective bargaining agreement containing inconsistent provisions, the treatment of sections 40.51 (8), 40.51 (8m), 66.0137 (4), 120.13 (2) (g), 185.983 (1) (intro.), 609.847, 625.12 (1) (a) and (e) and (2), 625.15 (1), 628.34 (3) (a), 632.728, 632.746 (1) (a) and (b), (2) (a), (c), (d), and (e), (3) (a) and (d) 1., 2. and 3., (5), and (8) (a) (intro.), 632.76 (2) (a) and (ac) 1., 2., and 3., 632.795 (4) (a), and 632.897 (11) (a) of the statutes first applies to policy or plan years beginning on the effective date of this paragraph or on the day on which the collective bargaining agreement is newly established, extended, modified, or renewed, whichever is later.”.

AB64-SA3,17,22 25. Page 1067, line 3: after that line insert:

AB64-SA3,17,24 “(3x) Levy limit exception. The treatment of section 66.0602 (3) (e) 10. of the statutes first applies to a levy that is imposed in December 2017.”.

AB64-SA3,18,1 26. Page 1071, line 13: after that line insert: