SB550: Bill Text

SB550,75 Section 75. 102.80 (1) (f) of the statutes is created to read:

SB550,48,22 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the appropriation under s. 20.445 (1) (ra) as provided in s. 102.81 (1) (c).

SB550,76 Section 76. 102.81 (1) (a) of the statutes is amended to read:

SB550,49,5 102.81 (1) (a) If an employee of an uninsured employer, other than an employee who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for which the uninsured employer is liable under s. 102.03, the department or the department's reinsurer shall pay to or on behalf of the injured employee or to the employee's dependents an amount equal to the compensation owed them by the uninsured employer under this chapter except penalties and interest due under ss. 102.16 (3), 102.18 (1) (b) 3. and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60.

SB550,77 Section 77. 102.81 (1) (c) of the statutes is created to read:

SB550,49,13 102.81 (1) (c) 1. The department shall pay a claim under par. (a) in excess of $1,000,000 from the uninsured employers fund in the first instance. If the claim is not covered by excess or stop-loss reinsurance under sub. (2), the secretary of administration shall transfer from the appropriation account under s. 20.445 (1) (ra) to the uninsured employers fund as provided in subds. 2. and 3. an amount equal to the amount by which payments from the uninsured employers fund on the claim are in excess of $1,000,000.

SB550,49,20 2. Each calendar year the department shall file with the secretary of administration a certificate setting forth the number of claims in excess of $1,000,000 in the preceding year paid from the uninsured employers fund, the payments made from the uninsured employers fund on each such claim in the preceding year, and the total payments made from the uninsured employers fund on all such claims and, based on that information, the secretary of administration shall determine the amount to be transferred under subd. 1. in that calendar year.

SB550,50,3 3. The maximum amount that the secretary of administration may transfer under subd. 1. in a calendar year is $500,000. If the amount determined under subd. 2. is $500,000 or less, the secretary of administration shall transfer the amount determined under subd. 2. If the amount determined under subd. 2. exceeds $500,000, the secretary of administration shall transfer $500,000 in the calendar year in which the determination is made and, subject to the maximum transfer amount of $500,000 per calendar year, shall transfer that excess in the next calendar year or in subsequent calendar years until that excess is transferred in full.

SB550,78 Section 78. 108.10 (4) of the statutes is amended to read:

SB550,50,13 108.10 (4) The department or the employing unit may commence action for the judicial review of a commission decision under this section, provided the department, or the employing unit, after exhausting the remedies provided under this section, has commenced such action within 30 days after such decision was mailed to the employing unit's last-known address. The scope of judicial review, and the manner thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). In an action commenced by an employing unit under this section, the department shall be an adverse party a defendant under s. 102.23 (1) (a) and shall be named as a party defendant in the summons and complaint commencing the action.

SB550,79 Section 79. 165.60 of the statutes is amended to read:

SB550,50,25 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and, with respect to a false statement submitted or made under s. 175.60 (7) (b) or (15) (b) 2. or as described under s. 175.60 (17) (c), to enforce s. 946.32, is authorized to assist the department of workforce development in the investigation and prosecution of suspected fraudulent activity related to worker's compensation as provided in s. 102.125, and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

SB550,80 Section 80. Nonstatutory provisions.

SB550,51,6 (1) Fraud investigation and prosecution; department of justice position authorization. The authorized FTE positions for the department of justice are increased by 1.0 PR-S position, to be funded from the appropriation under section 20.455 (2) (k) of the statutes, for the purpose of investigating and prosecuting fraudulent activity related to worker's compensation.

SB550,51,11 (2) Medical expert; department of workforce development position authorization. The authorized FTE positions for the department of workforce development are increased by 1.0 SEG position, to be funded from the appropriation under s. 20.445 (1) (ra) of the statutes, for the purpose of providing a medical expert to assist in the administration of the worker's compensation program.

SB550,51,21 (3) Study of treatment outcomes. The secretary of workforce development shall create a committee under section 15.04 (1) (c) of the statutes to review and evaluate the outcomes of treatment provided to injured employees by health care providers under the worker's compensation program. The committee shall include representatives of employers, employees, health care providers, worker's compensation insurers authorized to do business in this state, and the department of workforce development. Upon completion of the study, the committee shall report its findings, conclusions, and recommendations to the department of workforce development and the council on worker's compensation, after which the committee shall terminate its activities and cease to exist.

SB550,81 Section 81. Fiscal changes.

SB550,52,9 (1) Transfer to uninsured employers fund. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of workforce development under section 20.445 (1) (ra) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $500,000 for the first fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for transfer to the uninsured employers fund in reimbursement of claims paid from that fund in excess of $1,000,000 in 2013. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of workforce development under section 20.445 (1) (ra) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $500,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide funding for transfer to the uninsured employers fund in reimbursement of claims paid from that fund in excess of $1,000,000 in 2014.

SB550,52,17 (2) Indexing of permanent partial disability payments; information technology. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of workforce development under section 20.445 (1) (ra) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $160,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purpose of updating the department's information technology system to enable that system to monitor the payment of permanent partial disability benefits under section 102.44 (4m) of the statutes, as created by this act.

SB550,82 Section 82 . Initial applicability.

SB550,52,22 (1) Transfer to uninsured employers fund. The treatment of sections 20.445 (1) (ra) (with respect to the transfer of moneys to the uninsured employers fund) and 102.81 (1) (c) of the statutes first applies to claims paid from the uninsured employers fund in 2013.

SB550,52,25 (2) Fee disputes. The treatment of section 102.16 (2) (d) of the statutes first applies to a fee dispute submitted to the department of workforce development on the effective date of this subsection.

SB550,53,4 (3) Reimbursement of supplemental benefits paid. The renumbering and amendment of section 102.44 (1) (c) of the statutes and the creation of section 102.44 (1) (c) 2. and 3. of the statutes first apply to supplemental benefits paid under section 102.44 (1) (ag) of the statutes on the effective date of this subsection.

SB550,53,7 (4) Continuation of health care coverage. The treatment of section 102.445 of the statutes first applies to injuries occurring on the effective date of this subsection.

SB550,53,11 (5) Judicial review of worker's compensation decisions. The treatment of sections 102.23 (1) (a), (c), and (cm) and 108.10 (4) of the statutes first applies to an action for the review of an order or award of the labor and industry review commission commenced in circuit court on the effective date of this subsection.

SB550,53,15 (6) Administrative review of worker's compensation decisions. The treatment of section 102.18 (3) and (4) (b) of the statutes first applies to a petition for the review of a decision of a department of workforce development hearing examiner filed with the labor and industry review commission on the effective date of this subsection.

SB550,83 Section 83. Effective dates. This act takes effect on the day after publication, except as follows:

SB550,53,20 (1) Judicial review of worker's compensation decisions. The treatment of sections 102.23 (1) (a), (c), and (cm) and 108.10 (4) of the statutes and Section 82 (5) of this act take effect on July 1, 2014.

SB550,53,23 (2) Administrative review of worker's compensation decisions. The treatment of section 102.18 (3) and (4) (b) of the statutes and Section 82 (6) of this act take effect on January 1, 2015.

SB550,53,25 (3) Continuation of health care coverage. The treatment of section 102.445 of the statutes and Section 82 (4) take effect on July 1, 2015.

SB550,54,2 (4) Reimbursement of supplemental benefits. The treatment of section 102.44 (1) (ag) of the statutes (by Section 57 ) takes effect on July 1, 2015.

SB550,54,3 (End)