For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB474, s. 1 1Section 1. 20.445 (1) (ha) of the statutes is renumbered 20.445 (1) (ra) and
2amended to read:
SB474,9,73 20.445 (1) (ra) Worker's compensation operations. The fund; administration.
4From the worker's compensation operations fund, the
amounts in the schedule for
5the administration of the worker's compensation program by the department. All
6moneys received under ss. 102.28 (2) (b) and 102.75 for the department's activities
7and not appropriated under par. (hp) (rp) shall be credited to this appropriation.

1From this appropriation, an amount not to exceed $5,000 may be expended each
2fiscal year for payment of expenses for travel and research by the council on worker's
3compensation.
SB474, s. 2 4Section 2. 20.445 (1) (hb) of the statutes is renumbered 20.445 (1) (rb) and
5amended to read:
SB474,10,96 20.445 (1) (rb) Worker's compensation operations fund; contracts. All From the
7worker's compensation operations fund, all
moneys received in connection with
8contracts entered into under s. 102.31 (7) for the purpose of carrying out those
9contracts.
SB474, s. 3 10Section 3. 20.445 (1) (hp) of the statutes is renumbered 20.445 (1) (rp) and
11amended to read:
SB474,10,1512 20.445 (1) (rp) Uninsured Worker's compensation operations fund; uninsured
13employers program; administration.
From the moneys received under s. 102.75
14worker's compensation operations fund, the amounts in the schedule for the
15administration of ss. 102.28 (4) and 102.80 to 102.89.
SB474, s. 4 16Section 4. 20.445 (1) (t) of the statutes is amended to read:
SB474,10,2017 20.445 (1) (t) Work injury supplemental benefit fund. All moneys paid into the
18work injury supplemental benefit fund under ss. 102.35 (1), 102.47, 102.49 and,
19102.59, 102.60, and 102.75 (2), to be used for the discharge of liabilities payable
20under ss. 102.44 (1), 102.49, 102.59, 102.63, 102.64 (2), and 102.66.
SB474, s. 5 21Section 5. 25.17 (1) (zd) of the statutes is created to read:
SB474,10,2222 25.17 (1) (zd) Worker's compensation operations fund (s. 102.75).
SB474, s. 6 23Section 6. 102.03 (1) (c) 3. of the statutes is amended to read:
SB474,11,824 102.03 (1) (c) 3. An employee is not performing service growing out of and
25incidental to his or her employment while going to or from employment in a private

1or group or employer-sponsored car pool, van pool, commuter bus service, or other
2ride-sharing program in which the employee participates voluntarily and the sole
3purpose of which is the mass transportation of employees to and from employment.
4An employee is not performing service growing out of and incidental to employment
5while engaging in a program, event, or activity designed to improve the physical
6well-being of the employee, whether or not the program, event, or activity is located
7on the employer's premises, if participation in the program, event, or activity is
8voluntary and the employee receives no compensation for participation.
SB474, s. 7 9Section 7. 102.04 (2m) of the statutes is amended to read:
SB474,11,1810 102.04 (2m) A temporary help agency is the employer of an employee whom
11the temporary help agency has placed with or leased to another employer that
12compensates the temporary help agency for the employee's services. A temporary
13help agency is liable under s. 102.03 for all compensation and other payments
14payable under this chapter to or with respect to that employee, including any
15payments required under s. 102.16 (3), 102.18 (1) (b) or (bp), 102.22 (1), 102.35 (3),
16102.57, or 102.60. Except as permitted under s. 102.29, a temporary help agency may
17not seek or receive reimbursement from another employer for any payments made
18as a result of that liability.
SB474, s. 8 19Section 8. 102.11 (1) (intro.) of the statutes is amended to read:
SB474,12,1920 102.11 (1) (intro.) The average weekly earnings for temporary disability,
21permanent total disability, or death benefits for injury in each calendar year on or
22after January 1, 1982, shall be not less than $30 nor more than the wage rate that
23results in a maximum compensation rate of 110% 110 percent of the state's average
24weekly earnings as determined under s. 108.05 as of June 30 of the previous year,
25except that the average weekly earnings for temporary disability, permanent total

1disability, or death benefits for injuries occurring on or after January 1, 2006, shall
2be not more than the wage rate that results in a maximum compensation rate of
3100% of the state's average weekly earnings as determined under s. 108.05 as of June
430 of the previous year
. The average weekly earnings for permanent partial
5disability shall be not less than $30 and, for permanent partial disability for injuries
6occurring on or after January 1, 2002, and before January 1, 2003, not more than
7$318, resulting in a maximum compensation rate of $212, for permanent partial
8disability for injuries occurring on or after January 1, 2003, and before January 1,
92004, not more than $333, resulting in a maximum compensation rate of $222, for
10permanent partial disability for injuries occurring on or after January 1, 2004, and
11before January 1, 2005, not more than $348, resulting in a maximum compensation
12rate of $232, and, for permanent partial disability for injuries occurring on or after
13January 1, 2005, and before January 1, 2006, not more than $363, resulting in a
14maximum compensation rate of $242
on or after the effective date of this subsection
15.... [revisor inserts date], and before January 1, 2007, not more than $378, resulting
16in a maximum compensation rate of $252, and, for permanent partial disability for
17injuries occurring on or after January 1, 2007, not more than $393, resulting in a
18maximum compensation rate of $262
. Between such limits the average weekly
19earnings shall be determined as follows:
SB474, s. 9 20Section 9. 102.13 (2) (c) of the statutes is created to read:
SB474,13,521 102.13 (2) (c) If an injured employee has a period of temporary disability that
22exceeds 3 weeks or a permanent disability or if the injured employee has undergone
23surgery to treat his or her injury, other than surgery to correct a hernia, the
24department may by rule require the insurer or self-insured employer to submit to
25the department a final report of the employee's treating practitioner. A treating

1practitioner may charge a reasonable fee for the completion of the final report, but
2may not require prepayment of that fee. An insurer or self-insured employer that
3disputes the reasonableness of a fee charged for the completion of a treatment
4practitioner's final report may submit that dispute to the department for resolution
5under s. 102.16 (2).
SB474, s. 10 6Section 10. 102.16 (1m) (b) of the statutes is amended to read:
SB474,13,187 102.16 (1m) (b) If an insurer or self-insured employer concedes by compromise
8under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
9employer is liable under this chapter for any treatment provided to an injured
10employee by a health service provider, but disputes the necessity of the treatment,
11the department may include in its order confirming the compromise or stipulation
12a determination as to the necessity of the treatment or the department may notify,
13or direct the insurer or self-insured employer to notify, the health service provider
14under sub. (2m) (b) that the necessity of the treatment is in dispute. The department
15shall apply the standards promulgated under sub. (2m) (g) in determining necessity
16of treatment under this paragraph. In cases in which no standards promulgated
17under sub. (2m) (g) apply, the department shall find the facts regarding necessity of
18treatment.
SB474, s. 11 19Section 11. 102.16 (2m) (c) of the statutes is amended to read:
SB474,14,1320 102.16 (2m) (c) Before determining under this subsection the necessity of
21treatment provided for an injured employee who claims benefits under this chapter,
22the department shall obtain a written opinion on the necessity of the treatment in
23dispute from an expert selected by the department. Before determining under sub.
24(1m) (b) or s. 102.18 (1) (bg) 2. the necessity of treatment provided for an injured
25employee who claims benefits under this chapter, the department may, but is not

1required to, obtain such an expert opinion. To qualify as an expert, a person must
2be licensed to practice the same health care profession as the individual health
3service provider whose treatment is under review and must either be performing
4services for an impartial health care services review organization or be a member of
5an independent panel of experts established by the department under par. (f). The
6standards promulgated under par. (g) shall be applied by an expert in rendering an
7opinion as to necessity of treatment under this paragraph and by the department in
8determining necessity of treatment under this paragraph. In cases in which no
9standards promulgated under sub. (2m) (g) apply, the department shall find the facts
10regarding necessity of treatment.
The department shall adopt the written opinion
11of the expert as the department's determination on the issues covered in the written
12opinion, unless the health service provider or the insurer or self-insured employer
13present clear and convincing written evidence that the expert's opinion is in error.
SB474, s. 12 14Section 12. 102.16 (2m) (g) of the statutes is amended to read:
SB474,14,2515 102.16 (2m) (g) The department shall promulgate rules establishing
16procedures and requirements for the necessity of treatment dispute resolution
17process under this subsection, including rules setting the fees under par. (f) and rules
18establishing standards for determining the necessity of treatment provided to an
19injured employee. The rules establishing those standards shall, to the greatest
20extent possible, be consistent with Minnesota rules 5221.6010 to 5221.8900, as
21amended to January 1, 2006. Before the department may amend the rules
22establishing those standards, the department shall establish an advisory committee
23under s. 227.13 composed of health care providers providing treatment under s.
24102.42 to advise the department and the council on worker's compensation on
25amending those rules
.
SB474, s. 13
1Section 13. 102.17 (1) (d) 4. of the statutes is created to read:
SB474,15,42 102.17 (1) (d) 4. A report or record described in subd. 1., 2., or 3. that is admitted
3or received into evidence by the department constitutes substantial evidence under
4s. 102.23 (6) as to the matter contained in the report or record.
SB474, s. 14 5Section 14. 102.17 (1) (h) of the statutes is amended to read:
SB474,15,126 102.17 (1) (h) The contents of certified reports of investigation, made by
7industrial safety specialists who are employed, contracted, or otherwise secured by
8the department and available for cross-examination, served upon the parties 15
9days prior to hearing, shall constitute prima facie evidence as to matter contained
10in those reports. A report described in this paragraph that is admitted or received
11into evidence by the department constitutes substantial evidence under s. 102.23 (6)
12as to the matter contained in the report.
SB474, s. 15 13Section 15. 102.17 (4) of the statutes is amended to read:
SB474,16,714 102.17 (4) The Except as provided in this subsection, the right of an employee,
15the employee's legal representative, or a dependent to proceed under this section
16shall not extend beyond 12 years from the date of the injury or death or from the date
17that compensation, other than treatment or burial expenses, was last paid, or would
18have been last payable if no advancement were made, whichever date is latest. In the
19case of occupational disease,; a traumatic injury resulting in the loss or total
20impairment of a hand or any part of the rest of the arm proximal to the hand or of
21a foot or any part of the rest of the leg proximal to the foot, any loss of vision, or any
22permanent brain injury,; or any a traumatic injury causing the need for an artificial
23spinal disc or
a total or partial knee or hip replacement, there shall be no statute of
24limitations, except that benefits or treatment expense for an occupational disease
25becoming due after 12 years from the date of injury or death or last payment of

1compensation shall be paid from the work injury supplemental benefit fund under
2s. 102.65 and in the manner provided in s. 102.66 and benefits or treatment expense
3for a traumatic injury becoming due after 12 years from that date shall be paid by
4the employer or insurer
. Payment of wages by the employer during disability or
5absence from work to obtain treatment shall be deemed payment of compensation for
6the purpose of this section if the employer knew of the employee's condition and its
7alleged relation to the employment.
SB474, s. 16 8Section 16. 102.18 (1) (bg) 2. of the statutes is amended to read:
SB474,16,199 102.18 (1) (bg) 2. If the department finds under par. (b) that an employer or
10insurance carrier is liable under this chapter for any treatment provided to an
11injured employee by a health service provider, but that the necessity of the treatment
12is in dispute, the department may include in its order under par. (b) a determination
13as to the necessity of the treatment or the department may notify, or direct the
14employer or insurance carrier to notify, the health service provider under s. 102.16
15(2m) (b) that the necessity of the treatment is in dispute. The department shall apply
16the standards promulgated under s. 102.16 (2m) (g) in determining necessity of
17treatment under this paragraph. In cases in which no standards promulgated under
18s. 102.16 (2m) (g) apply, the department shall find the facts regarding necessity of
19treatment.
SB474, s. 17 20Section 17. 102.18 (1) (bp) of the statutes is amended to read:
SB474,17,1321 102.18 (1) (bp) The department may include a penalty in an award to an
22employee if it
If the department determines that the employer's or insurance
23carrier's suspension of, termination of or failure
employer or insurance carrier
24suspended, terminated, or failed
to make payments or failure failed to report an
25injury resulted from as a result of malice or bad faith, the department may include

1a penalty in an award to an employee for each event or occurrence of malice or bad
2faith
. This penalty is the exclusive remedy against an employer or insurance carrier
3for malice or bad faith. If this penalty is imposed for an event or occurrence of malice
4or bad faith that causes a payment that is due an injured employee to be delayed in
5violation of s. 102.22 (1) or overdue in violation of s. 628.46 (1), the department may
6not also order an increased payment under s. 102.22 (1) or the payment of interest
7under s. 628.46 (1).
The department may award an amount which that it considers
8just, not to exceed the lesser of 200% 200 percent of total compensation due or
9$15,000 $30,000 for each event or occurrence of malice or bad faith. The department
10may assess the penalty against the employer, the insurance carrier or both. Neither
11the employer nor the insurance carrier is liable to reimburse the other for the penalty
12amount. The department may, by rule, define actions which demonstrate malice or
13bad faith.
SB474, s. 18 14Section 18. 102.23 (5) of the statutes is amended to read:
SB474,17,2015 102.23 (5) The commencement of When an action for review shall not relieve
16the employer from paying compensation as directed, when such action
involves only
17the question of liability as between the employer and one or more insurance
18companies or as between several insurance companies, a party that has been ordered
19by the department, the commission, or a court to pay compensation is not relieved
20from paying compensation as ordered
.
SB474, s. 19 21Section 19. 102.28 (8) of the statutes is amended to read:
SB474,18,222 102.28 (8) Self-insured employers liability fund. The moneys paid into the
23state treasury under sub. (7), together with all accrued interest, shall constitute a
24separate nonlapsible fund designated as
the "self-insured employers liability fund".

1Moneys in the fund may be expended only as provided in s. 20.445 (1) (s) and may
2not be used for an other purpose of the state.
SB474, s. 20 3Section 20. 102.29 (1) of the statutes is amended to read:
SB474,19,214 102.29 (1) The making of a claim for compensation against an employer or
5compensation insurer for the injury or death of an employee shall not affect the right
6of the employee, the employee's personal representative, or other person entitled to
7bring action, to make claim or maintain an action in tort against any other party for
8such injury or death, hereinafter referred to as a 3rd party; nor shall the making of
9a claim by any such person against a 3rd party for damages by reason of an injury
10to which ss. 102.03 to 102.64 are applicable, or the adjustment of any such claim,
11affect the right of the injured employee or the employee's dependents to recover
12compensation. The employer or compensation insurer who shall have paid or is
13obligated to pay a lawful claim under this chapter shall have the same right to make
14claim or maintain an action in tort against any other party for such injury or death.
15If the department pays or is obligated to pay a claim under s. 102.81 (1), the
16department shall also have the right to maintain an action in tort against any other
17party for the employee's injury or death. However, each shall give to the other
18reasonable notice and opportunity to join in the making of such claim or the
19instituting of an action and to be represented by counsel. If a party entitled to notice
20cannot be found, the department shall become the agent of such party for the giving
21of a notice as required in this subsection and the notice, when given to the
22department, shall include an affidavit setting forth the facts, including the steps
23taken to locate such party. Each shall have an equal voice in the prosecution of said
24claim, and any disputes arising shall be passed upon by the court before whom the
25case is pending, and if no action is pending, then by a court of record or by the

1department. If notice is given as provided in this subsection, the liability of the
2tort-feasor shall be determined as to all parties having a right to make claim, and
3irrespective of whether or not all parties join in prosecuting such claim, the proceeds
4of such claim shall be divided as follows: After deducting the reasonable cost of
5collection, one-third of the remainder shall in any event be paid to the injured
6employee or the employee's personal representative or other person entitled to bring
7action. Out of the balance remaining, the employer, insurance carrier , or, if
8applicable, uninsured employers fund shall be reimbursed for all payments made by
9it, or which it may be obligated to make in the future, under this chapter, except that
10it shall not be reimbursed for any payments of increased compensation made or to
11be made under s. 102.18 (1) (bp), 102.22, 102.35 (3), 102.57, or 102.60. Any balance
12remaining shall be paid to the employee or the employee's personal representative
13or other person entitled to bring action. If both the employee or the employee's
14personal representative or other person entitled to bring action, and the employer,
15compensation insurer, or department, join in the pressing of said claim and are
16represented by counsel, the attorneys' fees allowed as a part of the costs of collection
17shall be, unless otherwise agreed upon, divided between such attorneys as directed
18by the court or by the department. A settlement of any 3rd party claim shall be void
19unless said settlement and the distribution of the proceeds thereof is approved by the
20court before whom the action is pending and if no action is pending, then by a court
21of record or by the department.
SB474, s. 21 22Section 21. 102.31 (2m) of the statutes is created to read:
SB474,20,423 102.31 (2m) (a) A professional employer organization or employee leasing
24organization that enters into an employee leasing agreement with a client shall
25submit to the department, within 10 working days after the effective date of the

1agreement, a report disclosing the identity of the client, the effective date of the
2leasing agreement, and such other information as the department prescribes. The
3notification shall be on a form prescribed by the department and shall include all of
4the following information:
SB474,20,65 1. The name and mailing address of the professional employer organization or
6employee leasing organization.
SB474,20,87 2. The name and mailing address of the worker's compensation insurance
8carrier of the professional employer organization or employee leasing organization.
SB474,20,109 3. The names and mailing addresses of all clients of the professional employer
10organization or employee leasing organization.
SB474,20,1511 (b) If a professional employer organization or employee leasing organization
12and client intend to terminate an employee leasing agreement, the professional
13employer organization or employee leasing organization shall notify the department
14no later than 30 days prior to the termination date of the leasing agreement. The
15notification to the department shall be on a form prescribed by the department.
SB474,20,2316 (c) When an employee leasing agreement is terminated, termination of the
17client's coverage under the worker's compensation insurance policy of the
18professional employer organization or employee leasing organization is not effective
19until 30 days after the professional employer organization or employee leasing
20organization has given notice of the termination of the employee leasing agreement
21to the department under par. (b), and coverage under that policy of the employees
22providing services to the client under that agreement shall remain in effect until 30
23days after the date of that notice.
SB474, s. 22 24Section 22. 102.31 (7) of the statutes is amended to read:
SB474,21,9
1102.31 (7) If the department by one or more written orders specifically consents
2to the issuance of one or more contracts covering only the liability incurred on a
3construction project and if the construction project owner designates the insurance
4carrier and pays for each such contract, the construction project owner shall
5reimburse the department for all costs incurred by the department in issuing the
6written orders and in ensuring minimum confusion and maximum safety on the
7construction project. All moneys received under this subsection shall be deposited
8in the worker's compensation operations fund and credited to the appropriation
9account under s. 20.445 (1) (rb).
SB474, s. 23 10Section 23. 102.32 (6) (b) of the statutes is amended to read:
SB474,21,1711 102.32 (6) (b) Subject to par. (d), if the employer or the employer's insurer
12concedes liability for an injury that results in permanent disability and if the extent
13of the permanent disability can be determined based on a minimum permanent
14disability rating promulgated by the department by rule, compensation for
15permanent disability shall begin within 30 days after the end of the employee's
16healing period or the date on which compensation for temporary disability ends due
17to the employee's return to work, whichever is earlier
.
SB474, s. 24 18Section 24. 102.32 (6m) of the statutes is amended to read:
SB474,21,2519 102.32 (6m) The department may direct an advance on a payment of unaccrued
20compensation for permanent disability or death benefits if the department
21determines that the advance payment is in the best interest of the injured employee
22or the employee's dependents. In directing the advance, the department shall give
23the employer or the employer's insurer an interest credit against its liability. The
24credit shall be computed at 7%. 7 percent. An injured employee or dependent may
25receive no more than 3 advance payments per calendar year
.
SB474, s. 25
1Section 25. 102.33 (2) (a) of the statutes is amended to read:
SB474,22,42 102.33 (2) (a) Except as provided in pars. (b) and (c), the records of the
3department, and the records of the commission, related to the administration of this
4chapter are subject to inspection and copying under s. 19.35 (1).
SB474, s. 26 5Section 26. 102.33 (2) (b) (intro.) of the statutes is amended to read:
SB474,22,186 102.33 (2) (b) (intro.) Notwithstanding par. (a) Except as provided in this
7paragraph and par. (d)
, a record maintained by the department or by the commission
8that reveals the identity of an employee who claims worker's compensation benefits,
9the nature of the employee's claimed injury, the employee's past or present medical
10condition, the extent of the employee's disability, or the amount, type, or duration of
11benefits paid to the employee or and a record maintained by the department that
12reveals
any financial information provided to the department by a self-insured
13employer or by an applicant for exemption under s. 102.28 (2) (b) is are confidential
14and not open to public inspection or copying under s. 19.35 (1). The department or
15commission
may deny a request made under s. 19.35 (1) or, subject to s. 102.17 (2m)
16and (2s), refuse to honor a subpoena issued by an attorney of record in a civil or
17criminal action or special proceeding to inspect and copy a record that is confidential
18under this paragraph, unless one of the following applies:
SB474, s. 27 19Section 27. 102.33 (2) (b) 1. of the statutes is amended to read:
SB474,22,2420 102.33 (2) (b) 1. The requester is the employee who is the subject of the record
21or an attorney or authorized agent of that employee. An attorney or authorized agent
22of an employee who is the subject of a record shall provide a written authorization
23for inspection and copying from the employee if requested by the department or the
24commission
.
SB474, s. 28 25Section 28. 102.33 (2) (b) 2. of the statutes is amended to read:
SB474,23,11
1102.33 (2) (b) 2. The record that is requested contains confidential information
2concerning a worker's compensation claim and the requester is an insurance carrier
3or employer that is a party to any worker's compensation claim involving the same
4employee or an attorney or authorized agent of that insurance carrier or employer,
5except that the department or the commission is not required to do a random search
6of its records and may require the requester to provide the approximate date of the
7injury and any other relevant information that would assist the department or the
8commission
in finding the record requested. An attorney or authorized agent of an
9insurance carrier or employer that is a party to an employee's worker's compensation
10claim shall provide a written authorization for inspection and copying from the
11insurance carrier or employer if requested by the department or the commission.
SB474, s. 29 12Section 29. 102.33 (2) (b) 4. of the statutes is amended to read:
SB474,23,1413 102.33 (2) (b) 4. A court of competent jurisdiction in this state orders the
14department or the commission to release the record.
SB474, s. 30 15Section 30. 102.33 (2) (c) of the statutes is amended to read:
SB474,23,2116 102.33 (2) (c) Notwithstanding par. (a), a A record maintained by the
17department or the commission that contains employer or insurer information
18obtained from the Wisconsin compensation rating bureau under s. 102.31 (8) or
19626.32 (1) (a) is confidential and not open to public inspection or copying under s.
2019.35 (1) unless the Wisconsin compensation rating bureau authorizes public
21inspection or copying of that information.
SB474, s. 31 22Section 31. 102.33 (2) (d) of the statutes is created to read:
SB474,23,2323 102.33 (2) (d) 1. In this paragraph:
SB474,24,3
1a. "Government unit" has the meaning given in s. 108.02 (17) and also includes
2a corresponding unit in the government of another state or a unit of the federal
3government.
SB474,24,44 b. "Institution of higher education" has the meaning given in s. 108.02 (18).
SB474,24,75 c. "Nonprofit research organization" means an organization that is exempt
6from federal income tax under section 501 (a) of the Internal Revenue Code and
7whose mission is to engage in research.
SB474,24,238 2. The department or the commission may release information that is
9confidential under par. (b) to a government unit, an institution of higher education,
10or a nonprofit research organization for purposes of research and may release
11information that is confidential under par. (c) to those persons for that purpose if the
12Wisconsin compensation rating bureau authorizes that release. A government unit,
13institution of higher education, or nonprofit research organization may not permit
14inspection or disclosure of any information released to it under this subdivision that
15is confidential under par. (b) unless the department or commission authorizes that
16inspection or disclosure and may not permit inspection or disclosure of any
17information released to it under this subdivision that is confidential under par. (c)
18unless the department or commission, and the Wisconsin compensation rating
19bureau, authorize the inspection or disclosure. A government unit, institution of
20higher education, or nonprofit research organization that obtains any confidential
21information under this subdivision for purposes of research shall provide the results
22of that research free of charge to the person that released or authorized the release
23of that information.
SB474, s. 32 24Section 32. 102.35 (1) of the statutes is amended to read:
SB474,25,14
1102.35 (1) Every employer and every insurance company that fails to keep the
2records or to make the reports required by this chapter or that knowingly falsifies
3such records or makes false reports shall forfeit pay a work injury supplemental
4benefit surcharge
to the state of not less than $10 nor more than $100 for each
5offense. The department may waive or reduce a forfeiture surcharge imposed under
6this subsection if the employer or insurance company that violated this subsection
7requests a waiver or reduction of the forfeiture surcharge within 45 days after the
8date on which
notice of the forfeiture surcharge is mailed to the employer or
9insurance company and shows that the violation was due to mistake or an absence
10of information. A surcharge imposed under this subsection is due within 90 days
11after the date on which notice of the surcharge is mailed to the employer or insurance
12company. Interest shall accrue on amounts that are not paid when due at the rate
13of 1 percent per month. All surcharges and interest payments received under this
14subsection shall be deposited in the fund established under s. 102.65.
SB474, s. 33 15Section 33. 102.42 (1m) (title) of the statutes is created to read:
SB474,25,1616 102.42 (1m) (title) Liability for unnecessary treatment.
SB474, s. 34 17Section 34. 102.42 (2) (b) of the statutes is amended to read:
SB474,25,2118 102.42 (2) (b) The employer is liable for the expense of reasonable travel to
19obtain treatment at the same rate as is provided for state officers and employees
20under s. 20.916 (8).
The employer is not liable for the expense of unreasonable travel
21to obtain treatment.
SB474, s. 35 22Section 35. 102.425 of the statutes is created to read:
SB474,25,24 23102.425 Prescription and nonprescription drug treatment. (1)
24Definitions. In this section:
SB474,25,2525 (a) "Dispense" has the meaning given in s. 450.01 (7).
SB474,26,1
1(b) "Drug" has the meaning given in s. 450.01 (10).
SB474,26,22 (c) "Drug product equivalent" has the meaning given in s. 450.13 (1).
SB474,26,33 (d) "Nonprescription drug product" has the meaning given in s. 450.01 (13m).
SB474,26,44 (e) "Pharmacist" has the meaning given in s. 450.01 (15).
SB474,26,55 (f) "Practitioner" has the meaning given in s. 450.01 (17).
SB474,26,66 (g) "Prescription" has the meaning given in s. 450.01 (19).
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