LRB-2334/1
PJK:kjf:pg
2005 - 2006 LEGISLATURE
April 4, 2005 - Introduced by Representatives Wieckert, Montgomery, Gard,
Kreibich, Nischke, Black, Hines, Pettis, Ainsworth, Vos, Bies, Freese,
Owens, F. Lasee, Musser, Davis, Pridemore, Hahn and Petrowski,
cosponsored by Senators Kanavas, Stepp, Breske, Olsen, Reynolds and
Grothman. Referred to Committee on Insurance.
AB294,1,3
1An Act to renumber 655.27 (6); and
to create 655.27 (6) (b) of the statutes;
2relating to: prohibiting legislation to change the purpose of the injured
3patients and families compensation fund.
Analysis by the Legislative Reference Bureau
The health care liability provisions of the statutes require certain health care
providers to carry health care liability (medical malpractice) insurance with liability
limits of at least $1,000,000 for each occurrence and at least $3,000,000 for all
occurrences in a policy year. Any portion of a medical malpractice claim that exceeds
the policy limits is paid by the injured patients and families compensation fund
(fund) for health care providers that are subject to the health care liability
provisions. Money for the fund comes from annual fees paid by those health care
providers.
Current law provides that the fund is established to curb the rising costs of
health care by financing part of the liability incurred by health care providers, that
the fund is held in irrevocable trust for the sole benefit of health care providers and
proper claimants, and that the fund may not be used for any other purpose of the
state. This bill provides that, before January 1, 2020, the legislature may not enact
a bill that changes the purpose of the fund.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB294, s. 1
1Section
1. 655.27 (6) of the statutes is renumbered 655.27 (6) (a).
AB294, s. 2
2Section
2. 655.27 (6) (b) of the statutes is created to read:
AB294,2,53
655.27
(6) (b) On and after the effective date of this paragraph .... [revisor
4inserts date}, the legislature may not enact a bill that changes the purpose of the
5fund, as provided in par. (a). This paragraph does not apply after December 31, 2019.
