AB100: Bill Text

AB100, s. 4859 Section 4859. 619.14 (7) of the statutes is renumbered 149.14 (7), and 149.14 (7) (b) and (c), as renumbered, are amended to read:

AB100,1816,7 149.14 (7) (b) The board department has a cause of action against an eligible participant for the recovery of the amount of benefits paid which are not for covered expenses under the plan. Benefits under the plan may be reduced or refused as a setoff against any amount recoverable under this paragraph.

AB100,1816,11 (c) The board department is subrogated to the rights of an eligible person to recover special damages for illness or injury to the person caused by the act of a 3rd person to the extent that benefits are provided under the plan. Section 814.03 (3) applies to the department under this paragraph.

AB100, s. 4860 Section 4860. 619.145 of the statutes is repealed.

AB100, s. 4861 Section 4861. 619.15 (title) of the statutes is renumbered 149.15 (title).

AB100, s. 4862 Section 4862. 619.15 (1) of the statutes is renumbered 149.15 (1) and amended to read:

AB100,1817,4 149.15 (1) The plan shall operate subject to the supervision and approval of a have a board of governors consisting of representatives of 2 participating insurers which are nonprofit corporations, 2 other participating insurers, and 3 public members, appointed by the commissioner secretary for staggered 3-year terms. In addition, the commissioner, or a designated representative from the office of the commissioner, and the secretary, or a designated representative from the department, shall be a member members of the board. The public members shall not be professionally affiliated with the practice of medicine, a hospital or an insurer. At least 2 of the public members shall be individuals reasonably expected to qualify for coverage under the plan or the parent or spouse of such an individual. The commissioner secretary or the commissioner's secretary's representative shall be the chairperson of the board. Board members, except the commissioner or the commissioner's representative and the secretary or the secretary's representative, shall be compensated at the rate of $50 per diem plus actual and necessary expenses.

AB100, s. 4863 Section 4863. 619.15 (2) of the statutes is renumbered 149.15 (2) and amended to read:

AB100,1817,12 149.15 (2) Annually, the board shall make a report to the members of the plan and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), and to the members of the plan summarizing the activities of the plan in the preceding calendar year. The annual report shall define the cost burden imposed by the plan on all policyholders in this state.

AB100, s. 4864 Section 4864. 619.15 (3) (intro.) of the statutes is renumbered 149.15 (3) (intro.) and amended to read:

AB100,1817,15 149.15 (3) (intro.) The board shall do all of the following:

AB100, s. 4865 Section 4865. 619.15 (3) (a) of the statutes is renumbered 149.15 (3) (a).

AB100, s. 4866 Section 4866. 619.15 (3) (b) of the statutes is repealed.

AB100, s. 4867 Section 4867. 619.15 (3) (c) of the statutes is renumbered 149.15 (3) (c).

AB100, s. 4868 Section 4868. 619.15 (3) (d) of the statutes is renumbered 149.15 (3) (d).

AB100, s. 4869 Section 4869. 619.15 (3) (e) of the statutes is repealed.

AB100, s. 4870 Section 4870. 619.15 (4) (intro.) of the statutes is renumbered 149.15 (4) (intro.) and amended to read:

AB100,1817,23 149.15 (4) (intro.) The board may do any of the following:

AB100, s. 4871 Section 4871. 619.15 (4) (a) of the statutes is renumbered 149.15 (4) (a).

AB100, s. 4872 Section 4872. 619.15 (4) (b) of the statutes is renumbered 149.15 (4) (b).

AB100, s. 4873 Section 4873. 619.15 (4) (c) of the statutes is renumbered 149.15 (4) (c) and amended to read:

AB100,1818,10 149.15 (4) (c) In addition to assessments imposed under sub. (3) (c), levy interim assessments, at the request of the department, to ensure the financial ability of the plan to cover claims expense and administrative expenses incurred or estimated to be incurred in the operation of the plan prior to the end of the calendar year end or other fiscal year end established by the board. Interim assessments shall be due and payable within 30 days of receipt by an insurer of an interim assessment notice. Interim assessments shall be credited against each insurer's annual assessment.

AB100, s. 4874 Section 4874. 619.15 (4) (d) of the statutes is repealed.

AB100, s. 4875 Section 4875. 619.15 (4) (e) of the statutes is repealed.

AB100, s. 4876 Section 4876. 619.15 (5) of the statutes is renumbered 149.15 (5) and amended to read:

AB100,1818,16 149.15 (5) The commissioner department may, by rule, establish additional powers and duties of the board.

AB100, s. 4877 Section 4877. 619.15 (6) of the statutes is renumbered 149.15 (6) and amended to read:

AB100,1818,20 149.15 (6) If any provision of this subchapter chapter conflicts with s. 625.11 or 625.12, this subchapter chapter prevails.

AB100, s. 4878 Section 4878. 619.15 (7) of the statutes is renumbered 149.15 (7).

AB100, s. 4879 Section 4879. 619.16 (title) of the statutes is repealed.

AB100, s. 4880 Section 4880. 619.16 (1) of the statutes is repealed.

AB100, s. 4881 Section 4881. 619.16 (2) of the statutes is repealed.

AB100, s. 4882 Section 4882. 619.16 (3) (a) of the statutes is renumbered 149.16 (3) (a) and amended to read:

AB100,1819,4 149.16 (3) (a) The administering carrier plan administrator shall perform all eligibility and administrative claims payment functions relating to the plan.

AB100, s. 4883 Section 4883. 619.16 (3) (b) of the statutes is renumbered 149.16 (3) (b) and amended to read:

AB100,1819,9 149.16 (3) (b) The administering carrier plan administrator shall establish a premium billing procedure for collection of premiums from insured persons. Billings shall be made on a periodic basis as determined by the board department.

AB100, s. 4884 Section 4884. 619.16 (3) (c) of the statutes is repealed.

AB100, s. 4885 Section 4885. 619.16 (3) (d) of the statutes is repealed.

AB100, s. 4886 Section 4886. 619.16 (3) (e) of the statutes is renumbered 149.16 (3) (e) and amended to read:

AB100,1819,21 149.16 (3) (e) The administering carrier plan administrator, under the direction of the department, shall pay claims expenses from the premium payments received from or on behalf of covered persons under the plan. If the administering carrier's plan administrator's payments for claims expenses exceed the portion of premiums allocated by the board for payment of claims expenses premium payments, the board shall forward to the department, and the department shall provide to the carrier plan administrator, additional funds for payment of claims expenses.

AB100, s. 4887 Section 4887. 619.16 (3) (em) of the statutes is repealed.

AB100, s. 4888 Section 4888. 619.16 (3) (f) of the statutes is repealed.

AB100, s. 4889 Section 4889. 619.165 (title) of the statutes is renumbered 149.165 (title).

AB100, s. 4890 Section 4890. 619.165 (1) (a) of the statutes is renumbered 149.165 (1) and amended to read:

AB100,1820,6 149.165 (1) The board department shall reduce the premiums established by the commissioner under s. 619.11 149.11 in conformity with ss. 619.14 149.14 (5) and 619.17 149.17, for the eligible persons and in the manner set forth in pars. (b) to (d) subs. (2) and (3).

AB100, s. 4891 Section 4891. 619.165 (1) (b) of the statutes is renumbered 149.165 (2), and 149.165 (2) (intro.), as renumbered, is amended to read:

AB100,1820,13 149.165 (2) (intro.) If the household income, as defined in s. 71.52 (5) and as determined under par. (d) sub. (3), of an eligible person is equal to or greater than the first amount and less than the 2nd amount listed in any of the following, the board department shall reduce the premium for the eligible person, as established by the commissioner, to the rate shown after the amounts:

AB100, s. 4892 Section 4892. 619.165 (1) (d) of the statutes is renumbered 149.165 (3) and amended to read:

AB100,1820,17 149.165 (3) The board department shall establish and implement the method for determining the household income of an eligible person under par. (b) sub. (2).

AB100, s. 4893 Section 4893. 619.165 (2) of the statutes is repealed.

AB100, s. 4894 Section 4894. 619.165 (3) of the statutes is renumbered 149.165 (4) and amended to read:

AB100,1820,25 149.165 (4) The commissioner shall forward to the board moneys received under s. 20.145 (7) (a) and (g) in an amount sufficient to department shall reimburse the plan for premium reductions under sub. (1) (2) and deductible reductions under s. 619.14 149.14 (5) (a) with moneys from the appropriations under s. 20.435 (5) (ah), (g) and (hp).

AB100, s. 4895 Section 4895. 619.167 of the statutes is repealed.

AB100, s. 4896 Section 4896. 619.17 (intro.) of the statutes is renumbered 149.17 (intro.).

AB100, s. 4897 Section 4897. 619.17 (1) of the statutes is renumbered 149.17 (1) and amended to read:

AB100,1821,6 149.17 (1) Subject to s. 619.14 149.14 (5) (a), a rating plan calculated in accordance with generally accepted actuarial principles.

AB100, s. 4898 Section 4898. 619.17 (2) of the statutes is renumbered 149.17 (2) and amended to read:

AB100,1821,10 149.17 (2) A schedule of premiums, deductibles and coinsurance payments which complies with all requirements of this subchapter chapter.

AB100, s. 4899 Section 4899. 619.17 (3) of the statutes is renumbered 149.17 (3).

AB100, s. 4900 Section 4900. 619.17 (4) (a) of the statutes is renumbered 149.17 (4) and amended to read:

AB100,1821,15 149.17 (4) Cost containment provisions established by the commissioner department by rule, including managed care requirements.

AB100, s. 4901 Section 4901. 619.175 of the statutes is renumbered 149.175 and amended to read:

AB100,1821,22 149.175 Waiver or exemption from provisions prohibited. Except as provided in s. 619.13 ss. 149.13 (1) (a) and 149.168 (4), the commissioner department may not waive, or authorize the board to waive, any of the requirements of this subchapter chapter or exempt, or authorize the board to exempt, an individual or a class of individuals from any of the requirements of this subchapter chapter.

AB100, s. 4902 Section 4902. 619.18 of the statutes is renumbered 149.18 and amended to read:

AB100,1822,3 149.18 Chapters 600 to 645 applicable. Except as otherwise provided in this subchapter chapter, the plan shall comply and be administered in compliance with chs. 600 to 645.

AB100, s. 4903 Section 4903. 626.31 (3) (a) 4. of the statutes is amended to read:

AB100,1822,6 626.31 (3) (a) 4. Any municipality local governmental unit, as defined under in s. 345.05 (1) (c) (bg), or any state department or agency.

AB100, s. 4904 Section 4904. 626.31 (4) (a) 5. of the statutes is amended to read:

AB100,1822,10 626.31 (4) (a) 5. Any insurer, municipality local governmental unit, as defined under in s. 345.05 (1) (c) (bg), any state department or agency or employer aggrieved by the application of the bureau's rating system to that person or agency.

AB100, s. 4905 Section 4905. 628.04 (1) (intro.) of the statutes is amended to read:

AB100,1822,14 628.04 (1) Conditions and qualifications. (intro.) The Except as provided in s. 628.095 or 628.097, the commissioner shall issue a license to act as an agent to any applicant who:

AB100, s. 4906 Section 4906. 628.04 (2) of the statutes is amended to read:

AB100,1822,24 628.04 (2) Surplus lines agents or brokers. The Except as provided in s. 628.095 or 628.097, the commissioner may issue a license as an agent or broker authorized to place business under s. 618.41 if the applicant shows to the satisfaction of the commissioner that in addition to the qualifications necessary to obtain a general license under sub. (1), the applicant has the competence to deal with the problems of surplus lines insurance. The commissioner may by rule require an agent or broker authorized to place business under s. 618.41 to supply a bond not larger than $100,000, conditioned upon proper performance of obligations as a surplus lines agent or broker.

AB100, s. 4907 Section 4907. 628.09 (1) of the statutes is amended to read:

AB100,1823,9 628.09 (1) Issuance of license. The Except as provided in s. 628.095 or 628.097, the commissioner may issue a temporary license as an intermediary for a period of not more than 3 months to the personal representative of a deceased or mentally disabled intermediary, or to a person designated by an intermediary who is otherwise disabled or has entered active duty in the U.S. armed forces, in order to give time for more favorable sale of the goodwill of a business owned by the intermediary, for the recovery or return of the intermediary, or for the orderly training and licensing of new personnel for the intermediary's business. This subsection does not apply to life insurance agents.

AB100, s. 4908 Section 4908. 628.09 (4) of the statutes is amended to read:

AB100,1823,17 628.09 (4) Duration of license. The commissioner may by order revoke a temporary license if the interests of insureds or the public are endangered. A Except as provided in s. 628.097, a temporary license may be extended beyond the initial period specified under sub. (1), for additional periods of not more than 3 months each, with the total period not to exceed 12 months in the aggregate. A temporary license may not continue after the owner or the personal representative disposes of the business.

AB100, s. 4909 Section 4909. 628.095 of the statutes is created to read:

AB100,1823,22 628.095 Social security numbers on license applications. (1) Required on applications. An application for a license issued under this subchapter shall contain the social security number of the applicant if the applicant is a natural person.

AB100,1823,25 (2) Refusal to issue license. The commissioner may not issue a license, including a temporary license, under this subchapter unless the applicant, if a natural person, provides his or her social security number.

AB100,1824,4 (3) Limited disclosure. The commissioner may disclose a social security number obtained under sub. (1) only to the department of industry, labor and job development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

AB100, s. 4910 Section 4910. 628.097 of the statutes is created to read:

AB100,1824,11 628.097 Refusal to issue for failure to pay support. (1) Licenses. The commissioner shall refuse to issue to a natural person a license, including a temporary license, under this subchapter if the natural person is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB100,1824,17 (2) Extension of temporary license. The commissioner shall refuse to extend a temporary license of a natural person under s. 628.09 (4) if the natural person is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB100, s. 4911 Section 4911. 628.10 (2) (c) of the statutes is created to read:

AB100,1824,24 628.10 (2) (c) For failure to pay support. The commissioner shall suspend or limit the license of an intermediary who is a natural person, or a temporary license of a natural person under s. 628.09, if the natural person is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB100, s. 4912 Section 4912. 631.36 (7) (a) 2. of the statutes is amended to read:

AB100,1825,4 631.36 (7) (a) 2. Unless the notice contains adequate instructions to the policyholder for applying for insurance through a risk-sharing plan under subch. I of ch. 619, if a risk-sharing plan exists under subch. I of ch. 619 for the kind of coverage being canceled or nonrenewed, except as provided in par. (b).

AB100, s. 4913 Section 4913. 632.68 (2) (b) (intro.) of the statutes is amended to read: