AB150: Bill Text Engrossed

AB150-engrossed, s. 7009 Section 7009. 601.72 of the statutes is repealed and recreated to read:

AB150-engrossed,2364,5 601.72 Registered agent for service of process. (1) Every insurer shall continuously maintain in this state a registered agent for service of process on the insurer, which agent must be an individual resident of this state, a domestic insurer or a nondomestic insurer authorized to do business in this state. The name and address of the registered agent shall be filed with the commissioner.

AB150-engrossed,2364,11 (2) If an insurer fails to maintain an agent for service of process in this state or if the agent cannot be found, substituted service under the procedures provided in s. 601.73 may be made on the commissioner or, if the proceeding is brought by the state against an insurer or intermediary other than a risk retention group or risk purchasing group, on the secretary of state. Litigants serving process on the commissioner under this subsection shall pay the fee specified in s. 601.31 (1) (p).

AB150-engrossed, s. 7010b Section 7010b. 601.72 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2364,20 601.72 (2) If an insurer fails to maintain an agent for service of process in this state or if the agent cannot be found, substituted service under the procedures provided in s. 601.73 may be made on the commissioner or, if the proceeding is brought by the state against an insurer or intermediary other than a risk retention group or risk purchasing group, on the secretary of state department of financial institutions. Litigants serving process on the commissioner under this subsection shall pay the fee specified in s. 601.31 (1) (p).

AB150-engrossed, s. 7011 Section 7011. 601.73 (1) (intro.) of the statutes is amended to read:

AB150-engrossed,2364,23 601.73 (1) Requirements for effective service. (intro.) Service upon the commissioner or secretary of state under s. 601.72 (2) is service on the principal, if:

AB150-engrossed, s. 7012b Section 7012b. 601.73 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-engrossed,2365,3 601.73 (1) Requirements for effective service. (intro.) Service upon the commissioner or department of financial institutions under s. 601.72 (2) is service on the principal, if:

AB150-engrossed, s. 7013b Section 7013b. 601.73 (1) (a) of the statutes is amended to read:

AB150-engrossed,2365,7 601.73 (1) (a) Two copies of the process are left in the hands or office of the commissioner or secretary of state department of financial institutions respectively; and

AB150-engrossed, s. 7014b Section 7014b. 601.73 (1) (b) of the statutes is amended to read:

AB150-engrossed,2365,10 601.73 (1) (b) The commissioner or secretary of state department of financial institutions mails a copy of the process to the person served according to sub. (2) (b).

AB150-engrossed, s. 7015b Section 7015b. 601.73 (2) (a) of the statutes is amended to read:

AB150-engrossed,2365,14 601.73 (2) (a) Records. The commissioner and secretary of state department of financial institutions shall give receipts for and keep records of all process served through them.

AB150-engrossed, s. 7016b Section 7016b. 601.73 (2) (b) of the statutes is amended to read:

AB150-engrossed,2365,20 601.73 (2) (b) Process mailed. The commissioner or secretary of state department of financial institutions shall send immediately by certified mail to the person served, at the person's last-known principal place of business, residence or post-office address or at an address designated in writing by the person, one copy of any process received and shall retain the other copy.

AB150-engrossed, s. 7017 Section 7017. 601.73 (2) (c) of the statutes is amended to read:

AB150-engrossed,2365,25 601.73 (2) (c) Default judgment. No plaintiff or complainant is entitled to a judgment by default in any proceeding in which process is served under ss. this section and s. 601.72 and 601.73 (2) until the expiration of 20 days from the date of mailing of the process under par. (b).

AB150-engrossed, s. 7018b Section 7018b. 601.73 (3) of the statutes is amended to read:

AB150-engrossed,2366,5 601.73 (3) Proof of service. A certificate by the commissioner or the secretary of state department of financial institutions, showing service made upon the commissioner or secretary of state department of financial institutions, and attached to a copy of the process presented for that purpose is sufficient evidence of the service.

AB150-engrossed, s. 7019 Section 7019. 601.93 (2) of the statutes is amended to read:

AB150-engrossed,2366,18 601.93 (2) Every insurer doing a fire insurance business in this state shall, before March 1 in each year, file with the commissioner a statement, showing the amount of premiums upon fire insurance due for the preceding calendar year. Return premiums may be deducted in determining the premium on which the fire department dues are computed. Payments of quarterly instalments of the total estimated payment for the then current calendar year under this subsection are due on or before April 15, June 15, September 15 and December 15. On March 1 the insurer shall pay any additional amounts due for the preceding calendar year. Overpayments will be credited on the amount due April 15. The commissioner shall, prior to May 1 each year, report to the department of industry, labor and human relations development the amount of dues paid under this subsection and to be paid under s. 101.573 (1).

AB150-engrossed, s. 7022 Section 7022. 609.65 (1) (b) (intro.) of the statutes is amended to read:

AB150-engrossed,2367,2 609.65 (1) (b) (intro.) If the provider performing the examination, evaluation or treatment does not have a provider agreement with the health maintenance organization, limited service health organization or preferred provider plan which covers the provision of that service to the enrolled participant, reimburse the provider for the examination, evaluation or treatment of the enrolled participant in an amount not to exceed the maximum reimbursement for the service under the medical assistance program under ss. 49.45 to 49.47 subch. IV of ch. 49, if any of the following applies:

AB150-engrossed, s. 7023b Section 7023b. 610.01 (4) of the statutes is amended to read:

AB150-engrossed,2367,6 610.01 (4) In any provision of ch. 180 or 181 made applicable by any section of chs. 600 to 646, "secretary of state" "department" shall be read "commissioner of insurance".

AB150-engrossed, s. 7024b Section 7024b. 611.72 (1) of the statutes is amended to read:

AB150-engrossed,2367,12 611.72 (1) General. Subject to this section, ss. 180.1101, 180.1103 to 180.1107, 180.1706, 180.1707 and 180.1708 (5) apply to the merger of a domestic stock insurance corporation or its parent insurance holding corporation, except that papers required by those sections to be filed with the secretary of state department of financial institutions shall instead be filed with the commissioner.

AB150-engrossed, s. 7025b Section 7025b. 611.73 (1) of the statutes is amended to read:

AB150-engrossed,2367,17 611.73 (1) Authorization, domestic corporations. Any 2 or more domestic mutuals may merge or consolidate under the procedures of ss. 181.42 to 181.47, except that papers required by those sections to be filed with the secretary of state department of financial institutions shall instead be filed with the commissioner.

AB150-engrossed, s. 7026b Section 7026b. 611.74 (1) of the statutes is amended to read:

AB150-engrossed,2368,8 611.74 (1) Plan of dissolution. At least 60 days prior to the submission to shareholders or policyholders of any proposed voluntary dissolution of an insurance corporation under s. 180.1402 or 181.50 the plan shall be filed with the commissioner. The commissioner may require the submission of additional information to establish the financial condition of the corporation or other facts relevant to the proposed dissolution. If the shareholders or policyholders adopt the resolution to dissolve, the commissioner shall, within 30 days after the adoption of the resolution, begin to examine the corporation. The commissioner shall approve the dissolution unless, after a hearing, the commissioner finds that it is insolvent or may become insolvent in the process of dissolution. Upon approval, the corporation may dissolve under ss. 180.1402 to 180.1408 and 180.1706, or ss. 181.51 to 181.555, except that the last sentence of s. 181.555 does not apply and papers required by those sections to be filed with the secretary of state department of financial institutions shall instead be filed with the commissioner. Upon disapproval, the commissioner shall petition the court for liquidation or for rehabilitation under ch. 645.

AB150-engrossed, s. 7027 Section 7027. 611.76 (11) of the statutes is amended to read:

AB150-engrossed,2368,13 611.76 (11) Security regulation. The filing with the office of the commissioner division of securities of a certified copy of the plan of conversion as approved by the commissioner constitutes registration under s. 551.27 of the securities authorized to be issued thereunder.

AB150-engrossed, s. 7028b Section 7028b. 613.01 (8) of the statutes is amended to read:

AB150-engrossed,2368,17 613.01 (8) (title) Secretary of state Department of financial institutions. In any provision of ch. 180 or 181 made applicable to service insurance corporations in this chapter, "secretary of state" "department" means commissioner of insurance.

AB150-engrossed, s. 7029 Section 7029. 613.81 of the statutes is amended to read:

AB150-engrossed,2369,3 613.81 (title) Tax exemption for certain hospital service insurance corporations. Every nonprofit service insurance corporation organized under s. 613.80 which does not pay any dividends, benefits or pecuniary profits to any members or directors and which does not offer a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is, except for purposes of the franchise tax measured by net income, a charitable and benevolent corporation. Every nonprofit service insurance corporation organized under s. 613.80 that offers a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is not a charitable and benevolent corporation.

AB150-engrossed, s. 7030 Section 7030. 614.05 (1) of the statutes is amended to read:

AB150-engrossed,2369,6 614.05 (1) Chapters 611 and 619. No section of chs. ch. 611 or subch. I of ch. 619 applies to fraternals unless it is specifically made applicable by this chapter.

AB150-engrossed, s. 7031b Section 7031b. 614.09 of the statutes is amended to read:

AB150-engrossed,2369,10 614.09 Reservation of corporate name. Section 181.07 applies to fraternals, except that "secretary of state" "department" shall be read "commissioner".

AB150-engrossed, s. 7032 Section 7032. 614.80 of the statutes is amended to read:

AB150-engrossed,2369,17 614.80 Tax exemption. Every domestic and nondomestic fraternal, except those that offer a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is exempt from all state, county, district, municipal and school taxes or fees, except the fees required by s. 601.31 (2), but is required to pay all taxes and special assessments on its real estate and office equipment, except as provided in s. 70.11 (4) and (8).

AB150-engrossed, s. 7033b Section 7033b. 616.09 (1) (c) 2. of the statutes is amended to read:

AB150-engrossed,2369,23 616.09 (1) (c) 2. In all actions commenced after May 11, 1980, in those provisions of ch. 185 which apply under subd. 1. to plans authorized under s. 616.06, "secretary of state" "department" shall be deemed to read "secretary of state "department of financial institutions and commissioner", except in s. 185.48, where "secretary of state" "department" shall be deemed to read "commissioner".

AB150-engrossed, s. 7034 Section 7034. 616.74 (1) (c) of the statutes is amended to read:

AB150-engrossed,2370,5 616.74 (1) (c) A certificate from the secretary of state department of financial institutions, if it is a nonprofit corporation, that it has complied with the corporation laws of this state; if it is a corporation the stock of which has been or is being sold to the general public, a certificate from the commissioner division of securities that it has complied with the requirements of the securities law of this state.

AB150-engrossed, s. 7035 Section 7035. 619.10 (6) of the statutes is amended to read:

AB150-engrossed,2370,8 619.10 (6) "Medical assistance" means health care benefits provided under ss. 49.45 to 49.47 subch. IV of ch. 49.

AB150-engrossed, s. 7036 Section 7036. 619.12 (3) (b) of the statutes is amended to read:

AB150-engrossed,2370,14 619.12 (3) (b) Persons for whom deductible or coinsurance amounts are paid or reimbursed under ch. 47 for vocational rehabilitation, under s. 49.48 49.68 for renal disease, under s. 49.485 (8) 49.685 (8) for hemophilia or under s. 49.483 49.683 for cystic fibrosis are not ineligible for coverage under the plan by reason of such payments or reimbursements.

AB150-engrossed, s. 7037 Section 7037. 626.12 (3) of the statutes is amended to read:

AB150-engrossed,2371,2 626.12 (3) Physical impairment. Rates or rating plans may not take into account the physical impairment of employes. Any employer who applies or promotes any oppressive plan of physical examination and rejection of employes or applicants for employment shall forfeit the right to experience rating. If the department of industry, labor and human relations determines that grounds exist for such forfeiture it shall file with the commissioner a certified copy of its findings, which shall automatically suspend any experience rating credit for the employer. The department shall make the determination as prescribed in ss. 101.02 s. 103.005 (5) (b) to (f), (6) to (12) and (14) (11), (13) (b) to (d) and 101.03 (16), so far as such sections subsections are applicable, subject to review under ch. 227. Restoration of an employer to the advantages of experience rating shall be by the same procedure.

AB150-engrossed, s. 7038 Section 7038. 628.04 (3) of the statutes is amended to read:

AB150-engrossed,2371,20 628.04 (3) Classification and examination. The commissioner may by rule prescribe classifications of intermediaries in addition to agent and surplus lines agent or broker, by kind of authority, or kind of insurance, or in other ways, and may prescribe different standards of competence, including examinations and educational prerequisites, for each class. The commissioner may by rule set prelicensing and annual continuing education standards, but may not require a licensed intermediary to complete a course of study requiring more than 15 30 hours, per license, of approved continuing education, including continuing education programs approved by the commissioner and presented by the insurers, in any one-year 2-year period. The commissioner may approve courses or programs that an applicant for an intermediary's license may attend to fulfill a prelicensing education requirement, or that a licensed intermediary may attend to fulfill a continuing education requirement, and may approve organizations that may offer approved courses or programs. The commissioner may, by rule, exempt any class of intermediaries from the continuing education requirements. So far as practicable, the commissioner shall issue a single license to each individual intermediary for a single fee.

AB150-engrossed, s. 7039 Section 7039. 628.10 (2) (a) of the statutes is amended to read:

AB150-engrossed,2372,5 628.10 (2) (a) For failure to comply with continuing education requirements. The commissioner may by order suspend the license of any intermediary who fails to produce evidence of compliance with continuing education standards set by the commissioner. If an intermediary whose license has been suspended under this paragraph produces evidence of compliance within 60 days after the date on which the license is suspended, the commissioner shall reinstate the license effective on the date of suspension. If such an intermediary does not produce evidence of compliance within 60 days, the license is revoked and the intermediary may be relicensed only after satisfying all requirements under s. 628.04.

AB150-engrossed, s. 7040 Section 7040. 628.11 of the statutes is amended to read:

AB150-engrossed,2372,11 628.11 Listing of insurance agents. An insurer shall report to the commissioner at such intervals as the commissioner establishes by rule all appointments, including renewals of appointments, and all terminations of appointments of insurance agents to do business in this state, and shall pay the fees prescribed under s. 601.31 (1) (n).

AB150-engrossed, s. 7041 Section 7041. 632.10 (1) of the statutes is amended to read:

AB150-engrossed,2372,16 632.10 (1) "Building and safety standards" means the requirements of chs. 101 and 145 and of any rule promulgated by the department of industry, labor and human relations development under ch. 101 or 145, and standards of a 1st class city relating to the health and safety of occupants of buildings.

AB150-engrossed, s. 7041c Section 7041c. 632.102 (2) (b) of the statutes is amended to read:

AB150-engrossed,2372,19 632.102 (2) (b) The lesser of $5,000 $7,500 or the limits under the policy for coverage of the building or other structure affixed to land that sustained the loss.

AB150-engrossed, s. 7042 Section 7042. 632.72 (title) of the statutes is amended to read:

AB150-engrossed,2372,21 632.72 (title) Medical benefits or assistance; assignment.

AB150-engrossed, s. 7043 Section 7043. 632.72 (1) of the statutes is renumbered 632.72 (1r) and amended to read:

AB150-engrossed,2373,4 632.72 (1r) The providing of medical benefits under s. 49.02 or 49.046 or of medical assistance under s. 49.45, 49.46, 49.465, 49.468 or 49.47 constitutes an assignment to the department of health and social services or the county providing the medical benefits or assistance or contract provider. The assignment shall be, to the extent of the medical benefits or assistance provided, for benefits to which the recipient would be entitled under any policy of health and disability insurance.

AB150-engrossed, s. 7044 Section 7044. 632.72 (1g) of the statutes is created to read:

AB150-engrossed,2373,6 632.72 (1g) In this section:

AB150-engrossed,2373,10 (a) "Department or contract provider" means the department of health and social services, the county providing the medical benefits or assistance or a health maintenance organization that has contracted with the department of health and social services to provide the medical benefits or assistance.

AB150-engrossed,2373,12 (b) "Medical benefits or assistance" means medical benefits under s. 49.02 or 49.046 or medical assistance, as defined under s. 49.43 (8).

AB150-engrossed, s. 7045b Section 7045b. 632.72 (1g) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2373,17 632.72 (1g) (b) "Medical benefits or assistance" means medical benefits health care services funded by a relief block grant under s. 49.02 or 49.046 ch. 49, or medical assistance, as defined under s. 49.43 (8).

AB150-engrossed, s. 7046 Section 7046. 632.72 (2) of the statutes is amended to read:

AB150-engrossed,2373,25 632.72 (2) An insurer may not impose on the department of health and social services or contract provider, as assignee of a person who is covered under the policy of health and disability insurance and who is eligible for medical benefits under s. 49.02 or 49.046 or for medical assistance under s. 49.45, 49.46, 49.465, 49.468 or 49.47, requirements that are different from those imposed on any other agent or assignee of a person who is covered under the policy of health and disability insurance.

AB150-engrossed, s. 7047 Section 7047. 632.89 (1) (e) 1. of the statutes is amended to read:

AB150-engrossed,2374,5 632.89 (1) (e) 1. A program in an outpatient treatment facility, if both are approved by the department of health and social services and, the program is established and maintained according to rules promulgated under s. 51.42 (7) (b) and the facility is certified under s. 51.04.

AB150-engrossed, s. 7048 Section 7048. 632.895 (3) of the statutes is amended to read:

AB150-engrossed,2375,4 632.895 (3) Skilled nursing care. Every disability insurance policy filed after November 29, 1979, which provides coverage for hospital care shall provide coverage for at least 30 days for skilled nursing care to patients who enter a licensed skilled nursing care facility. A disability insurance policy, other than a medicare supplement policy or medicare replacement policy, may limit coverage under this subsection to patients who enter a licensed skilled nursing care facility within 24 hours after discharge from a general hospital. The daily rate payable under this subsection to a licensed skilled nursing care facility shall be no less than the maximum daily rate established for skilled nursing care in that facility by the department of health and social services for purposes of reimbursement under the medical assistance program under ss. 49.45 to 49.47 subch. IV of ch. 49. The coverage under this subsection shall apply only to skilled nursing care which is certified as medically necessary by the attending physician and is recertified as medically necessary every 7 days. If the disability insurance policy is other than a medicare supplement policy or medicare replacement policy, coverage under this subsection shall apply only to the continued treatment for the same medical or surgical condition for which the insured had been treated at the hospital prior to entry into the skilled nursing care facility. Coverage under any disability insurance policy governed by this subsection may be subject to a deductible that applies to the hospital care coverage provided by the policy. The coverage under this subsection shall not apply to care which is essentially domiciliary or custodial, or to care which is available to the insured without charge or under a governmental health care program, other than a program provided under ch. 49.

AB150-engrossed, s. 7049 Section 7049. 645.76 of the statutes is amended to read:

AB150-engrossed,2375,9 645.76 Disposition of records during and after termination of liquidation. Records of any insurer in the process of liquidation or completely liquidated under this chapter shall be disposed of by the public records and forms board in the same manner as state records under s. 16.61.

AB150-engrossed, s. 7050 Section 7050. 701.107 (3m) of the statutes is created to read:

AB150-engrossed,2375,11 701.107 (3m) "Division" means the division of banking.

AB150-engrossed, s. 7051 Section 7051. 701.107 (4) of the statutes is amended to read:

AB150-engrossed,2375,15 701.107 (4) "Nonreciprocal state" means a state other than this state and other than a regional state, as defined in s. 221.58 (1) (h), that the commissioner of banking division finds satisfies s. 221.58 (4) (a).

AB150-engrossed, s. 7052 Section 7052. 701.108 (1) (b) of the statutes is amended to read:

AB150-engrossed,2375,20 701.108 (1) (b) The bank or bank holding company proposing to obtain the stock of a bank holding company under this section has filed an application with the commissioner of banking division, and the commissioner of banking division does not disapprove the application under sub. (2).