SB218: Bill Text

SB218,36,7 5. Medical history.

SB218,36,8 6. Genetic information.

SB218,36,10 7. Evidence of insurability, including conditions arising out of acts of domestic violence.

SB218,36,11 8. Disability.

SB218,36,13 (b) For purposes of par. (a), rules for eligibility to enroll under a group health benefit plan include rules defining any applicable waiting periods for enrollment.

SB218,36,18 (2) An insurer offering a group health benefit plan may not require any individual, as a condition of enrollment or continued enrollment under the plan, to pay, on the basis of any health status-related factor with respect to the individual or a dependent of the individual, a premium or contribution that is greater than the premium or contribution for a similarly situated individual enrolled under the plan.

SB218,36,20 (3) To the extent consistent with s. 635.03, sub. (1) shall not be construed to do any of the following:

SB218,36,22 (a) Require a group health benefit plan to provide particular benefits other than those provided under the terms of the plan.

SB218,36,25 (b) Prevent a group health benefit plan from establishing limitations or restrictions on the amount, level, extent or nature of benefits or coverage for similarly situated individuals enrolled under the plan.

SB218,37,1 (4) Nothing in sub. (1) shall be construed to do any of the following:

SB218,37,3 (a) Restrict the amount that an insurer may charge an employer for coverage under a group health benefit plan.

SB218,37,7 (b) Prevent an insurer offering a group health benefit plan from establishing premium discounts or rebates, or from modifying otherwise applicable copayments or deductibles, in return for adherence to programs of health promotion and disease prevention.

SB218,37,8 (c) Provide an exception from, or limit, the rate regulation under s. 635.09.

SB218, s. 45 Section 45. 635.06 of the statutes is created to read:

SB218,37,14 635.06 Guaranteed issue for group health benefit plans. (1) Except as provided in subs. (3) and (4), an insurer shall provide coverage under a group health benefit plan to an employer and to all of the employer's eligible employes and their dependents, regardless of health condition or claims experience, if all of the following apply:

SB218,37,15 (a) The insurer has in force a group health benefit plan.

SB218,37,17 (b) The employer agrees to pay the premium required for coverage under the group health benefit plan.

SB218,37,20 (c) The employer agrees to comply with all other provisions of the group health benefit plan that apply generally to a policyholder or an insured without regard to health condition or claims experience.

SB218,37,22 (2) An insurer that provides coverage under sub. (1) may impose payment security provisions that are reasonably related to the risk covered.

SB218,38,2 (3) (a) An insurer that is otherwise required to provide coverage under sub. (1) may refuse to issue a group health benefit plan to an employer if all of the individuals in the employer group that are to be covered under the group health benefit plan may be covered under one individual health benefit plan providing family coverage.

SB218,38,5 (b) Subsection (1) does not require an insurer to issue coverage that the insurer is not authorized to issue under its bylaws, charter or certificate of incorporation or authority.

SB218,38,9 (c) Subsection (1) does not require an insurer that provides coverage to an employer under a group health benefit plan to issue a different group health benefit plan to the employer before the expiration of the agreed term of the group health benefit plan under which the employer has coverage.

SB218,38,13 (d) An insurer that offers health care coverage exclusively to a single category or limited categories of employers may, with prior approval of the commissioner, limit its compliance with sub. (1) to that single category or those limited categories of employers.

SB218,38,17 (e) The commissioner may exempt an insurer from the requirements of sub. (1) if the commissioner determines that it is in the public interest to exempt the insurer from the requirements under sub. (1) because the insurer is in financially hazardous condition.

SB218,38,22 (f) If an employer loses coverage under a group health benefit plan for failure to pay a premium when due, an insurer that is otherwise required to provide coverage under sub. (1) may refuse to issue a group health benefit plan to that employer during the 12-month period beginning on the day on which the employer lost coverage.

SB218,39,3 (g) An insurer that previously issued group health benefit plans but, prior to the effective date of this paragraph .... [revisor inserts date], discontinued offering such plans to small employers, shall within 60 days after the effective date of this paragraph .... [revisor inserts date], again offer group health benefit plans to small employers or be subject to the requirements under s. 635.16 as if the insurer had elected to not renew a group health benefit plan.

SB218,39,6 (4) (a) In this subsection, "high-risk individual" means an individual with a high-risk medical condition who has coverage under a group health benefit plan with a premium rate at the insurer's highest premium rate level.

SB218,39,9 (b) An insurer that is otherwise required to provide coverage under sub. (1) shall be exempt from the requirement under sub. (1) for the remainder of a calendar year after all of the following occur:

SB218,39,11 1. The number of high-risk individuals covered by the insurer at least equals the threshold level determined under par. (e) 3.

SB218,39,18 2. The insurer applies for exemption from the requirement under sub. (1) by certifying its qualification under subd. 1. to the commissioner and the commissioner, within 30 days after the insurer submits its certifying information, makes no objection and does not request additional information. If the commissioner does timely object or request additional information, the insurer shall be exempt from the requirements under sub. (1) 30 days after the commissioner objects or the insurer submits the additional information if the commissioner takes no further action.

SB218,39,22 (c) Whenever an insurer becomes exempt from the requirement under sub. (1) by satisfying the criteria under par. (b), the commissioner shall provide notice of that exemption to all insurers offering group health benefit plans to employers in this state and to all insurance agents listed under s. 628.11 by those insurers.

SB218,39,25 (d) An insurer that satisfies the criterion under par. (b) 1. is not required to apply for exemption from the requirement under sub. (1). An insurer that does not apply for exemption shall remain subject to the requirement under sub. (1).

SB218,40,3 (e) In consultation with the committee on risk adjustment, the commissioner shall promulgate rules for the operation of the risk adjustment mechanism under this subsection, including rules that specify at least all of the following:

SB218,40,5 1. What diagnostic conditions constitute high risk medical conditions for purposes of the definition of a high-risk individual.

SB218,40,7 2. How to determine an insurer's highest premium rate level for purposes of the definition of a high-risk individual.

SB218,40,9 3. What percentage of an insurer's total enrollment under group health benefit plans issued by the insurer constitutes the threshold level for purposes of par. (b) 1.

SB218, s. 46 Section 46. 635.08 of the statutes is created to read:

SB218,40,13 635.08 Coverage requirements for individual health benefit plans. (1) (a) In this section, "qualifying coverage" means benefits or coverage provided under any of the following:

SB218,40,16 1. A group health benefit plan, group health plan or self-insured health plan that provides benefits similar to or exceeding benefits provided under the health benefit plan for which the individual is applying.

SB218,40,20 2. An individual health benefit plan that provides benefits similar to or exceeding benefits provided under the health benefit plan for which the individual is applying, if the individual health benefit plan has been in effect for at least one year.

SB218,41,2 (b) Notwithstanding par. (a), "qualifying coverage" does not include a high cost-share health plan, as defined in s. 632.898 (1) (c), that is linked to a medical savings account, as described in s. 632.898, if the employer that provides the individual's new coverage offers its eligible employes a choice of health benefit plan options that includes a high cost-share health plan, as defined in s. 632.898 (1) (c), and the individual's new coverage is not a high cost-share health plan.

SB218,41,5 (2) (a) An individual health benefit plan may not impose a preexisting condition exclusion with respect to a covered individual for losses incurred more than 12 months after the individual's enrollment date under the plan.

SB218,41,7 (b) An individual health benefit plan may not define a preexisting condition more restrictively than any of the following:

SB218,41,11 1. A condition that would have caused an ordinarily prudent person to seek medical advice, diagnosis, care or treatment during the 18 months immediately preceding the individual's enrollment date under the plan and for which the individual did not seek medical advice, diagnosis, care or treatment.

SB218,41,14 2. A condition for which medical advice, diagnosis, care or treatment was recommended or received during the 18 months immediately preceding the individual's enrollment date under the plan.

SB218,41,17 (c) Notwithstanding pars. (a) and (b), an individual health benefit plan may not impose a preexisting condition exclusion relating to pregnancy as a preexisting condition.

SB218,41,20 (3) (a) Except as provided in pars. (b) and (g), an insurer shall provide coverage under an individual health benefit plan to an individual who is a resident of this state, regardless of health condition or claims experience, if all of the following apply:

SB218,41,21 1. The insurer has in force an individual health benefit plan.

SB218,41,23 2. The individual agrees to pay the premium required for coverage under the individual health benefit plan.

SB218,42,3 3. The individual agrees to comply with all other provisions of the individual health benefit plan that apply generally to a policyholder or an insured without regard to health condition or claims experience.

SB218,42,5 4. The individual was covered under qualifying coverage that terminated not more than 31 days before the individual applied for the new coverage.

SB218,42,11 5. If the individual's qualifying coverage under subd. 4. was coverage under sub. (1) (a) 1., the individual had been covered under continuation coverage, as defined in s. 252.16 (1) (a), for the maximum allowable period; the individual is not now eligible for coverage under any group health benefit plan, group health plan or self-insured health plan; and the individual was an eligible employe for at least 6 months immediately before applying for the new coverage.

SB218,42,14 (b) 1. Paragraph (a) does not require an insurer to issue coverage that the insurer is not authorized to issue under its bylaws, charter or certificate of incorporation or authority.

SB218,42,18 2. Paragraph (a) does not require an insurer that provides coverage to an individual under an individual health benefit plan to issue a different individual health benefit plan to the individual before the expiration of the agreed term of the individual health benefit plan under which the individual has coverage.

SB218,42,22 3. An insurer that offers health care coverage exclusively to a single category or limited categories of individuals may, with prior approval of the commissioner, limit its compliance with par. (a) to the single category or those limited categories of individuals.

SB218,43,2 4. The commissioner may exempt an insurer from the requirement under par. (a) if the commissioner determines that it is in the public interest to exempt the insurer from the requirement under par. (a) because the insurer is in financially hazardous condition.

SB218,43,6 (c) An insurer that issues an individual health benefit plan to an individual described in par. (a) shall provide coverage under the individual health benefit plan for any dependents of the individual who had coverage under the individual's qualifying coverage under par. (a) 4.

SB218,43,10 (d) An individual health benefit plan that is issued to an individual described in par. (a) may not restrict or modify coverage with respect to the individual except to the extent that the individual's qualifying coverage under par. (a) 4. was restricted or modified.

SB218,43,13 (e) The maximum lifetime benefits available under an individual health benefit plan that is issued to an individual described in par. (a) may be reduced by the total benefits paid under the individual's qualifying coverage under par. (a) 4.

SB218,43,18 (f) An individual health benefit plan that is issued to an individual described in par. (a) shall waive any period applicable to a preexisting condition exclusion period with respect to particular services for the period that the individual was covered with respect to such services under the individual's qualifying coverage under par. (a) 4.

SB218,43,21 (g) An insurer that is otherwise required to provide coverage under par. (a) shall be exempt from the requirement under par. (a) for the remainder of a calendar year after all of the following occur:

SB218,44,2 1. The total number of individuals described under par. (a) and their dependents who are covered by the insurer equals at least 1% of the total number of individuals and their dependents covered under all individual health benefit plans issued by the insurer that were in effect on December 31 of the preceding year and that were qualifying coverage under sub. (1) (a) 2.

SB218,44,4 2. The insurer applies for exemption from the requirement under par. (a) by submitting to the commissioner certification that includes all of the following:

SB218,44,7 a. The total number of individuals and their dependents covered under all individual health benefit plans issued by the insurer that were in effect on December 31 of the preceding year and that were qualifying coverage under sub. (1) (a) 2.

SB218,44,10 b. The total number of individuals described under par. (a) and their dependents who have been accepted by the insurer for coverage under par. (a) during the current year.

SB218,44,14 (h) Whenever an insurer becomes exempt from the requirement under par. (a) by satisfying the criteria under par. (g), the commissioner shall provide notice of that exemption to all insurers offering individual health benefit plans to individuals in this state and to all insurance agents listed under s. 628.11 by those insurers.

SB218, s. 47 Section 47. 635.08 (1) (b) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

SB218, s. 48 Section 48. 635.09 of the statutes is repealed and recreated to read:

SB218,44,20 635.09 Rate regulation for individual and group health benefit plans. Notwithstanding ch. 625, the commissioner shall promulgate rules that do all of the following:

SB218,44,25 (1) Establish restrictions on premium rates that an insurer may charge an employer for coverage under a group health benefit plan such that the premium rates charged to employers with similar case characteristics for the same or similar benefit design characteristics do not vary from the midpoint rate for those employers by more than 30% of that midpoint rate.

SB218,45,5 (2) Establish restrictions on premium rates that an insurer may charge an individual for coverage under an individual health benefit plan such that the premium rates charged to individuals with similar case characteristics for the same or similar benefit design characteristics do not vary from the midpoint rate for those individuals by more than 35% of that midpoint rate.

SB218,45,7 (3) Establish restrictions on increases in premium rates that an insurer may charge an employer for coverage under a group health benefit plan such that:

SB218,45,9 (a) The percentage increase in the premium rate for a new rating period does not exceed the sum of the following:

SB218,45,11 1. The percentage change in the new business premium rate measured from the first day of the prior rating period to the first day of the new rating period.

SB218,45,16 2. An adjustment, not to exceed 15% per year for small employers or 25% per year for large employers, adjusted proportionally for rating periods of less than one year, for such rating factors as claims experience, health condition and duration of coverage, determined in accordance with the insurer's rate manual or rating procedures.

SB218,45,19 3. An adjustment for a change in case characteristics or in benefit design characteristics, determined in accordance with the insurer's rate manual or rating procedures.

SB218,45,23 (b) The percentage increase in the premium rate for a new rating period for a group health benefit plan issued before the effective date of this paragraph .... [revisor inserts date], does not exceed the sum of par. (a) 1. and 3., unless premium rates are in compliance with the rules promulgated under sub. (1).

SB218,46,2 (4) Require the premium rate of a health benefit plan issued before the effective date of this subsection .... [revisor inserts date], to comply with the rules promulgated under sub. (1) or (2) no later than 2 years after the effective date of this subsection .... [revisor inserts date].

SB218,46,3 (5) Define the terms necessary for compliance with this section.

SB218,46,4 (6) Ensure that employers are classified using objective criteria.

SB218,46,6 (7) Ensure that rating factors are applied objectively and consistently to small employers.

SB218, s. 49 Section 49. 635.11 (title) of the statutes is amended to read:

SB218,46,9 635.11 (title) Disclosure of rating factors and renewability provisions for group health benefit plans.

SB218, s. 50 Section 50. 635.11 of the statutes is renumbered 635.11 (1m), and 635.11 (1m) (intro.), (a) and (d), as renumbered, are amended to read:

SB218,46,14 635.11 (1m) (intro.) Before the sale of a group health benefit plan or policy subject to this subchapter, a small employer, an insurer shall disclose to a small an employer all of the following:

SB218,46,16 (a) The small employer insurer's right to increase premium rates and the factors limiting the amount of increase.

SB218,46,17 (d) The small employer's renewability rights.

SB218, s. 51 Section 51. 635.11 (1m) (e) of the statutes is created to read:

SB218,46,20 635.11 (1m) (e) As part of the insurer's solicitation and sales materials, the availability of the information under par. (f).