AB873,6,2
1(b) An insurer under par. (a) is subject to assessment under ch. 149 and taxation
2under subch. III of ch. 76.
AB873,6,5 3(3) Disclosures regarding plan differences. Each application form for, and
4each policy of, a health care plan under this section shall disclose, in plain language,
5all of the following:
AB873,6,76 (a) The differences between the health care plan under this section and a health
7care plan issued in compliance with chs. 600 to 646.
AB873,6,98 (b) What state's laws govern the issuance of and requirements under the health
9care plan offered under this section.
AB873,6,12 10(4) Rules. The commissioner may promulgate rules for the administration of
11this section. The commissioner may not promulgate a rule that does any of the
12following:
AB873,6,1513 (a) Requires a foreign insurer under this section to modify coverage or benefit
14requirements or to restrict rate increases in any way that exceeds the insurer's
15domiciliary state's laws or regulations.
AB873,6,1716 (b) Expands the commissioner's authority over foreign insurers in a way that
17conflicts with this section.
AB873,6,1918 (c) Conflicts with the purpose of exempting foreign insurers under this section
19from requirements under chs. 600 to 646.
AB873,7,7 20(5) Exemptions for domestic insurers. A domestic insurer authorized to do
21business in this state in one or more lines of insurance that includes health insurance
22may apply for an exemption from the provisions under chs. 600 to 646, and any rules
23promulgated under those provisions, as determined by the commissioner, that would
24allow the insurer to offer health care plans that are comparable in plan design to
25health care plans offered by foreign insurers under this section. Upon an insurer's

1application, the commissioner shall make an order exempting the insurer from those
2provisions and rules that would allow the domestic insurer to offer a health care plan
3or plans that are comparable in design to health care plans offered by foreign
4insurers under this section. Any health care plan offered by a domestic insurer under
5an exemption under this subsection shall be subject to the requirements that apply
6to health care plans offered by foreign insurers under this section, including the
7disclosure requirements under sub. (3).
AB873, s. 9 8Section 9. 618.36 (1) of the statutes is amended to read:
AB873,7,129 618.36 (1) Continuance of regulation. A Subject to s. 618.29 (2) (a), a
10nondomestic insurer authorized under this chapter is subject to regulation under the
11applicable provisions of chs. 600 to 646 until released from regulation under this
12section.
AB873, s. 10 13Section 10. 625.03 (1m) (d) of the statutes is amended to read:
AB873,7,1414 625.03 (1m) (d) Variable and fixed annuities; and
AB873, s. 11 15Section 11. 625.03 (1m) (e) of the statutes is amended to read:
AB873,7,1716 625.03 (1m) (e) Group and blanket accident and sickness insurance other than
17credit accident and sickness insurance.; and
AB873, s. 12 18Section 12. 625.03 (1m) (f) of the statutes is created to read:
AB873,7,2019 625.03 (1m) (f) Individual health care plans, as defined in s. 628.36 (2) (a) 1.,
20offered by a foreign insurer under s. 618.29.
AB873, s. 13 21Section 13. 631.01 (1) (a) of the statutes is amended to read:
AB873,7,2222 631.01 (1) (a) As provided in ss. 600.01, 618.29, and 618.42;
AB873, s. 14 23Section 14. 635.01 of the statutes is renumbered 635.01 (1) and amended to
24read:
AB873,8,7
1635.01 (1) This Except as provided in sub. (2), this chapter applies to all group
2health insurance plans, policies, or certificates, written on risks or operations in this
3state, providing coverage for employees of a small employer, or employees of a small
4employer and the employer, and to individual health insurance policies, written on
5risks or operations in this state, providing coverage for employees of a small
6employer, or employees of a small employer and the employer when 3 or more are sold
7to or through a small employer.
AB873, s. 15 8Section 15. 635.01 (2) of the statutes is created to read:
AB873,8,109 635.01 (2) This chapter does not apply to a group or individual health care plan,
10as defined in s. 628.36 (2) (a) 1., that is offered by a foreign insurer under s. 618.29.
AB873, s. 16 11Section 16. 645.02 (3) of the statutes is amended to read:
AB873,8,1312 645.02 (3) All Except as provided in s. 618.29 (2) (a) 1., all insurers who have
13insureds resident in this state.
AB873, s. 17 14Section 17. 646.01 (1) (a) 2. m. of the statutes is created to read:
AB873,8,1515 646.01 (1) (a) 2. m. Foreign insurers offering health care plans under s. 618.29.
AB873, s. 18 16Section 18. 646.01 (1) (b) 19. of the statutes is created to read:
AB873,8,1717 646.01 (1) (b) 19. Health care plans offered by foreign insurers under s. 618.29.
AB873, s. 19 18Section 19. Initial applicability.
AB873,8,1919 (1) This act first applies to all of the following:
AB873,8,2320 (a) Foreign insurers that apply for a certificate of authority under section
21618.11 of the statutes, as affected by this act, or that apply for a new certificate of
22authority under section 618.12 (4) of the statutes, on the effective date of this
23paragraph.
AB873,8,2524 (b) Domestic insurers that apply for an exemption under section 618.29 (5) of
25the statutes, as created by this act, on the effective date of this paragraph.
AB873, s. 20
1Section 20. Effective date.
AB873,9,22 (1) This act takes effect on July 1, 2009.
AB873,9,33 (End)
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