SB77: Bill Text

SB77,1820,25 149.165 (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).

SB77, s. 4895 Section 4895. 619.167 of the statutes is repealed.

SB77, s. 4896 Section 4896. 619.17 (intro.) of the statutes is renumbered 149.17 (intro.).

SB77, s. 4897 Section 4897. 619.17 (1) of the statutes is renumbered 149.17 (1) and amended to read:

SB77,1821,6 149.17 (1) Subject to s. 619.14 149.14 (5) (a), a rating plan calculated in accordance with generally accepted actuarial principles.

SB77, s. 4898 Section 4898. 619.17 (2) of the statutes is renumbered 149.17 (2) and amended to read:

SB77,1821,10 149.17 (2) A schedule of premiums, deductibles and coinsurance payments which complies with all requirements of this subchapter chapter.

SB77, s. 4899 Section 4899. 619.17 (3) of the statutes is renumbered 149.17 (3).

SB77, s. 4900 Section 4900. 619.17 (4) (a) of the statutes is renumbered 149.17 (4) and amended to read:

SB77,1821,15 149.17 (4) Cost containment provisions established by the commissioner department by rule, including managed care requirements.

SB77, s. 4901 Section 4901. 619.175 of the statutes is renumbered 149.175 and amended to read:

SB77,1821,22 149.175 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.

SB77, s. 4902 Section 4902. 619.18 of the statutes is renumbered 149.18 and amended to read:

SB77,1822,3 149.18 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.

SB77, s. 4903 Section 4903. 626.31 (3) (a) 4. of the statutes is amended to read:

SB77,1822,6 626.31 (3) (a) 4. Any municipality local governmental unit, as defined under in s. 345.05 (1) (c) (bg), or any state department or agency.

SB77, s. 4904 Section 4904. 626.31 (4) (a) 5. of the statutes is amended to read:

SB77,1822,10 626.31 (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.

SB77, s. 4905 Section 4905. 628.04 (1) (intro.) of the statutes is amended to read:

SB77,1822,14 628.04 (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:

SB77, s. 4906 Section 4906. 628.04 (2) of the statutes is amended to read:

SB77,1822,24 628.04 (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.

SB77, s. 4907 Section 4907. 628.09 (1) of the statutes is amended to read:

SB77,1823,9 628.09 (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.

SB77, s. 4908 Section 4908. 628.09 (4) of the statutes is amended to read:

SB77,1823,17 628.09 (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.

SB77, s. 4909 Section 4909. 628.095 of the statutes is created to read:

SB77,1823,22 628.095 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.

SB77,1823,25 (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.

SB77,1824,4 (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.

SB77, s. 4910 Section 4910. 628.097 of the statutes is created to read:

SB77,1824,11 628.097 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.

SB77,1824,17 (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.

SB77, s. 4911 Section 4911. 628.10 (2) (c) of the statutes is created to read:

SB77,1824,24 628.10 (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.

SB77, s. 4912 Section 4912. 631.36 (7) (a) 2. of the statutes is amended to read:

SB77,1825,4 631.36 (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).

SB77, s. 4913 Section 4913. 632.68 (2) (b) (intro.) of the statutes is amended to read:

SB77,1825,12 632.68 (2) (b) (intro.) A person may apply to the commissioner for a viatical settlement provider license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant, if a natural person, to provide his or her social security number. The fee specified in s. 601.31 (1) (mm) shall accompany the application. After any investigation of the applicant that the commissioner determines is sufficient, the commissioner shall issue a viatical settlement provider license to an applicant that satisfies all of the following:

SB77, s. 4914 Section 4914. 632.68 (2) (b) 2. of the statutes is amended to read:

SB77,1825,15 632.68 (2) (b) 2. Provides complete information on the application, including his or her social security number if the applicant is a natural person.

SB77, s. 4915 Section 4915. 632.68 (2) (bc) of the statutes is created to read:

SB77,1825,20 632.68 (2) (bc) The commissioner may disclose a social security number obtained under par. (b) 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.

SB77, s. 4916 Section 4916. 632.68 (2) (bm) of the statutes is created to read:

SB77,1826,2 632.68 (2) (bm) Notwithstanding par. (b), the commissioner may not issue a license under this subsection to a natural person who 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.

SB77, s. 4917 Section 4917. 632.68 (2) (e) of the statutes is amended to read:

SB77,1826,8 632.68 (2) (e) Except as provided in sub. (3), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (mp) and, if the license holder is a natural person, upon providing his or her social security number if not previously provided on the application for the license or at a previous renewal of the license.

SB77, s. 4918 Section 4918. 632.68 (3) (title) of the statutes is amended to read:

SB77,1826,11 632.68 (3) (title) Viatical settlement provider license; revocation, suspension, limitation or refusal to renew.

SB77, s. 4919 Section 4919. 632.68 (3) of the statutes is renumbered 632.68 (3) (a), and 632.68 (3) (a) (intro.), as renumbered, is amended to read:

SB77,1826,16 632.68 (3) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement provider license if, after a hearing, the commissioner finds any of the following:

SB77, s. 4920 Section 4920. 632.68 (3) (b) of the statutes is created to read:

SB77,1826,23 632.68 (3) (b) The commissioner shall suspend, limit or refuse to renew a viatical settlement provider license issued to a natural person 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.

SB77, s. 4921 Section 4921. 632.68 (4) (b) of the statutes is amended to read:

SB77,1827,6 632.68 (4) (b) A person may apply to the commissioner for a viatical settlement broker license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant, if a natural person, to provide his or her social security number. The fee specified in s. 601.31 (1) (mr) shall accompany the application. The commissioner may not issue a license under this subsection unless the applicant, if a natural person, provides his or her social security number.

SB77, s. 4922 Section 4922. 632.68 (4) (bc) of the statutes is created to read:

SB77,1827,11 632.68 (4) (bc) The commissioner may disclose a social security number obtained under par. (b) 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.

SB77, s. 4923 Section 4923. 632.68 (4) (bm) of the statutes is created to read:

SB77,1827,17 632.68 (4) (bm) The commissioner may not issue a license under this subsection to a natural person who 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.

SB77, s. 4924 Section 4924. 632.68 (4) (c) of the statutes is amended to read:

SB77,1827,23 632.68 (4) (c) Except as provided in sub. (5), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (ms) and, if the license holder is a natural person, upon providing his or her social security number if not previously provided on the application for the license or at a previous renewal of the license.

SB77, s. 4925 Section 4925. 632.68 (5) (title) of the statutes is amended to read:

SB77,1828,2 632.68 (5) (title) Viatical settlement broker license; revocation , suspension, limitation or refusal to renew.

SB77, s. 4926 Section 4926. 632.68 (5) of the statutes is renumbered 632.68 (5) (a), and 632.68 (5) (a) (intro.), as renumbered, is amended to read:

SB77,1828,7 632.68 (5) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement broker license if, after a hearing, the commissioner finds any of the following:

SB77, s. 4927 Section 4927. 632.68 (5) (b) of the statutes is created to read:

SB77,1828,14 632.68 (5) (b) The commissioner shall suspend, limit or refuse to renew a viatical settlement broker license issued to a natural person 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.

SB77, s. 4928 Section 4928. 632.68 (8) of the statutes is amended to read:

SB77,1828,21 632.68 (8) Record keeping. Every licensee under this section shall maintain and make available for inspection by the commissioner records of all viatical settlement transactions. Names and other individual identifying information related to policyholders or certificate holders shall be considered confidential and may not be disclosed by the commissioner, except that the commissioner shall disclose information requested under s. 49.22 (2m) to the person making the request.

SB77, s. 4929 Section 4929. 632.745 (1) (d) of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

SB77,1829,7 632.745 (1) (d) "Health benefit plan" means any hospital or medical policy or certificate. "Health benefit plan" does not include accident-only, credit accident or health, dental, vision, medicare supplement, medicare replacement, long-term care, disability income or short-term insurance, coverage issued as a supplement to liability insurance, worker's compensation or similar insurance, automobile medical payment insurance, individual conversion policies, specified disease policies, hospital indemnity policies, as defined in s. 632.895 (1) (c), policies or certificates issued under the health insurance risk-sharing plan or an alternative plan under subch. II of ch. 619 149 or other insurance exempted by rule of the commissioner.

SB77, s. 4930 Section 4930. 632.785 (1) (intro.) of the statutes is amended to read:

SB77,1829,15 632.785 (1) (intro.) If an insurer issues one or more of the following or takes any other action based wholly or partially on medical underwriting considerations which is likely to render any person eligible under s. 619.12 149.12 for coverage under subch. II of ch. 619 149, the insurer shall notify all persons affected of the existence of the mandatory health insurance risk-sharing plan under subch. II of ch. 619 149, as well as the eligibility requirements and method of applying for coverage under the plan:

SB77, s. 4931 Section 4931. 632.897 (10) (a) 3. of the statutes is amended to read:

SB77,1829,22 632.897 (10) (a) 3. The fact that the group member or insured does not claim the child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state, if a court order under s. 767.25 (4m) or, 767.51 (3m) or 767.62 (4) (b) or the laws of another state assigns responsibility for the child's health care expenses to the group member or insured.

SB77, s. 4932 Section 4932. 632.897 (10) (am) 2. of the statutes is amended to read:

SB77,1830,3 632.897 (10) (am) 2. Provide family coverage under the group policy or individual policy for the individual's child, if eligible for coverage, upon application by the individual, the child's other parent, the department of health and family services industry, labor and job development or the county designee child support agency under s. 59.53 (5).

SB77, s. 4933 Section 4933. 633.14 (1) (d) of the statutes is created to read:

SB77,1830,5 633.14 (1) (d) Provides his or her social security number.

SB77, s. 4934 Section 4934. 633.14 (2c) of the statutes is created to read:

SB77,1830,10 633.14 (2c) The commissioner may disclose a social security number obtained under sub. (1) (d) 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.

SB77, s. 4935 Section 4935. 633.14 (2m) of the statutes is created to read:

SB77,1830,16 633.14 (2m) Notwithstanding sub. (1), the commissioner may not issue a license under this section if the individual applying for the license 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.

SB77, s. 4936 Section 4936. 633.15 (1m) of the statutes is created to read:

SB77,1830,21 633.15 (1m) Social security numbers. At an annual renewal, an administrator who is a natural person shall provide his or her social security number if the social security number was not previously provided on the application for the license or at a previous renewal of the license.

SB77, s. 4937 Section 4937. 633.15 (2) (a) (title) of the statutes is amended to read:

SB77,1830,24 633.15 (2) (a) (title) Nonpayment of annual renewal fee or failure to provide social security number.

SB77, s. 4938 Section 4938. 633.15 (2) (a) 1. of the statutes is amended to read:

SB77,1831,6 633.15 (2) (a) 1. If an administrator fails to pay the annual renewal fee as provided under sub. (1) or fails to provide a social security number as required under sub. (1m), the commissioner shall suspend the administrator's license effective the day following the last day when the annual renewal fee may be paid, if the commissioner has given the administrator reasonable notice of when the fee must be paid to avoid suspension.