SB21: Bill Text

SB21,2778 Section 2778. 102.16 (2) (b) of the statutes is amended to read:

SB21,1096,15 102.16 (2) (b) An insurer or self-insured employer that disputes the reasonableness of a fee charged by a health service provider or the department office under sub. (1m) (a) or s. 102.18 (1) (bg) 1. shall provide reasonable written notice to the health service provider that the fee is being disputed. After receiving reasonable written notice under this paragraph or under sub. (1m) (a) or s. 102.18 (1) (bg) 1. that a health service fee is being disputed, a health service provider may not collect the disputed fee from, or bring an action for collection of the disputed fee against, the employee who received the services for which the fee was charged.

SB21,2779 Section 2779. 102.16 (2) (c) of the statutes is amended to read:

SB21,1097,2 102.16 (2) (c) After a fee dispute is submitted to the department office, the insurer or self-insured employer that is a party to the dispute shall provide to the department office information on that fee and information on fees charged by other health service providers for comparable services. The insurer or self-insured employer shall obtain the information on comparable fees from a database that is certified by the department office under par. (h). Except as provided in par. (e) 1., if the insurer or self-insured employer does not provide the information required under this paragraph, the department office shall determine that the disputed fee is reasonable and order that it be paid. If the insurer or self-insured employer provides the information required under this paragraph, the department office shall use that information to determine the reasonableness of the disputed fee.

SB21,2780 Section 2780. 102.16 (2) (d) of the statutes is amended to read:

SB21,1097,19 102.16 (2) (d) The department office shall analyze the information provided to the department office under par. (c) according to the criteria provided in this paragraph to determine the reasonableness of the disputed fee. Except as provided in 2011 Wisconsin Act 183, section 30 (2) (b), the department office shall determine that a disputed fee is reasonable and order that the disputed fee be paid if that fee is at or below the mean fee for the health service procedure for which the disputed fee was charged, plus 1.2 standard deviations from that mean, as shown by data from a database that is certified by the department office under par. (h). Except as provided in 2011 Wisconsin Act 183, section 30 (2) (b), the department office shall determine that a disputed fee is unreasonable and order that a reasonable fee be paid if the disputed fee is above the mean fee for the health service procedure for which the disputed fee was charged, plus 1.2 standard deviations from that mean, as shown by data from a database that is certified by the department office under par. (h), unless the health service provider proves to the satisfaction of the department office that a higher fee is justified because the service provided in the disputed case was more difficult or more complicated to provide than in the usual case.

SB21,2781 Section 2781. 102.16 (2) (e) 1. of the statutes is amended to read:

SB21,1098,3 102.16 (2) (e) 1. Subject to subd. 2., if an insurer or self-insured employer that disputes the reasonableness of a fee charged by a health service provider cannot provide information on fees charged by other health service providers for comparable services because the database to which the insurer or self-insured employer subscribes is not able to provide accurate information for the health service procedure at issue, the department office may use any other information that the department office considers to be reliable and relevant to the disputed fee to determine the reasonableness of the disputed fee.

SB21,2782 Section 2782. 102.16 (2) (e) 2. of the statutes is amended to read:

SB21,1098,7 102.16 (2) (e) 2. Notwithstanding subd. 1., the department office may use only a hospital radiology database that has been certified by the department office under par. (h) to determine the reasonableness of a hospital fee for radiology services.

SB21,2783 Section 2783. 102.16 (2) (f) of the statutes is amended to read:

SB21,1098,16 102.16 (2) (f) Within 30 days after a determination under this subsection, the department office may set aside, reverse, or modify the determination for any reason that the department office considers sufficient. Within 60 days after a determination under this subsection, the department office may set aside, reverse, or modify the determination on grounds of mistake. A health service provider, insurer, or self-insured employer that is aggrieved by a determination of the department office under this subsection may seek judicial review of that determination in the same manner that compensation claims are reviewed under s. 102.23.

SB21,2784 Section 2784. 102.16 (2) (h) of the statutes is amended to read:

SB21,1099,2 102.16 (2) (h) The department office shall promulgate rules establishing procedures and requirements for the fee dispute resolution process under this subsection, including rules specifying the standards that health service fee databases must meet for certification under this paragraph. Using those standards, the department office shall certify databases of the health service fees that various health service providers charge. In certifying databases under this paragraph, the department office shall certify at least one database of hospital fees for radiology services, including diagnostic and interventional radiology, diagnostic ultrasound, and nuclear medicine.

SB21,2785 Section 2785. 102.16 (2m) (a) of the statutes is amended to read:

SB21,1099,16 102.16 (2m) (a) Except as provided in this paragraph, the department office has jurisdiction under this subsection, sub. (1m) (b), and s. 102.17 to resolve a dispute between a health service provider and an insurer or self-insured employer over the necessity of treatment provided for an injured employee who claims benefits under this chapter. A health service provider may not submit a dispute over necessity of treatment to the department office under this subsection before all treatment by the health service provider of the employee's injury has ended if the amount in controversy, whether based on a single charge or a combination of charges for one or more days of service, is less than $25. After all treatment by a health service provider of an employee's injury has ended, the health service provider may submit any dispute over necessity of treatment to the department office, regardless of the amount in controversy. The department office shall deny payment for any treatment that the department office determines under this subsection to be unnecessary.

SB21,2786 Section 2786. 102.16 (2m) (am) of the statutes is amended to read:

SB21,1099,22 102.16 (2m) (am) A health service provider and an insurer or self-insured employer that are parties to a dispute under this subsection over the necessity of treatment are bound by the department's office's determination under this subsection on the necessity of the disputed treatment, unless that determination is set aside on judicial review as provided in par. (e).

SB21,2787 Section 2787. 102.16 (2m) (b) of the statutes is amended to read:

SB21,1100,7 102.16 (2m) (b) An insurer or self-insured employer that disputes the necessity of treatment provided by a health service provider or the department division under sub. (1m) (b) or s. 102.18 (1) (bg) 2. shall provide reasonable written notice to the health service provider that the necessity of that treatment is being disputed. After receiving reasonable written notice under this paragraph or under sub. (1m) (b) or s. 102.18 (1) (bg) 2. that the necessity of treatment is being disputed, a health service provider may not collect a fee for that disputed treatment from, or bring an action for collection of the fee for that disputed treatment against, the employee who received the treatment.

SB21,2788 Section 2788. 102.16 (2m) (c) of the statutes is amended to read:

SB21,1100,25 102.16 (2m) (c) Before determining under this subsection the necessity of treatment provided for an injured employee who claims benefits under this chapter, the department office shall obtain a written opinion on the necessity of the treatment in dispute from an expert selected by the department office. To qualify as an expert, a person must be licensed to practice the same health care profession as the individual health service provider whose treatment is under review and must either be performing services for an impartial health care services review organization or be a member of an independent panel of experts established by the department office under par. (f). The standards promulgated under par. (g) shall be applied by an expert and by the department office in rendering an opinion as to, and in determining, necessity of treatment under this paragraph. In cases in which no standards promulgated under sub. (2m) (g) apply, the department office shall find the facts regarding necessity of treatment. The department office shall adopt the written opinion of the expert as the department's office's determination on the issues covered in the written opinion, unless the health service provider or the insurer or self-insured employer present clear and convincing written evidence that the expert's opinion is in error.

SB21,2789 Section 2789. 102.16 (2m) (d) of the statutes is amended to read:

SB21,1101,12 102.16 (2m) (d) The department office may charge a party to a dispute over the necessity of treatment provided for an injured employee who claims benefits under this chapter for the full cost of obtaining the written opinion of the expert under par. (c). The department office shall charge the insurer or self-insured employer for the full cost of obtaining the written opinion of the expert for the first dispute that a particular individual health service provider is involved in, unless the department office determines that the individual health service provider's position in the dispute is frivolous or based on fraudulent representations. In a subsequent dispute involving the same individual health service provider, the department office shall charge the losing party to the dispute for the full cost of obtaining the written opinion of the expert.

SB21,2790 Section 2790. 102.16 (2m) (e) of the statutes is amended to read:

SB21,1101,21 102.16 (2m) (e) Within 30 days after a determination under this subsection, the department office may set aside, reverse, or modify the determination for any reason that the department office considers sufficient. Within 60 days after a determination under this subsection, the department office may set aside, reverse, or modify the determination on grounds of mistake. A health service provider, insurer, or self-insured employer that is aggrieved by a determination of the department office under this subsection may seek judicial review of that determination in the same manner that compensation claims are reviewed under s. 102.23.

SB21,2791 Section 2791. 102.16 (2m) (f) of the statutes is amended to read:

SB21,1102,3 102.16 (2m) (f) The department office may contract with an impartial health care services review organization to provide the expert opinions required under par. (c), or establish a panel of experts to provide those opinions, or both. If the department office establishes a panel of experts to provide the expert opinions required under par. (c), the department office may pay the members of that panel a reasonable fee, plus actual and necessary expenses, for their services.

SB21,2792 Section 2792. 102.16 (2m) (g) of the statutes is amended to read:

SB21,1102,13 102.16 (2m) (g) The department office shall promulgate rules establishing procedures and requirements for the necessity of treatment dispute resolution process under this subsection, including rules setting the fees under par. (f) and rules establishing standards for determining the necessity of treatment provided to an injured employee. Before the department office may amend the rules establishing those standards, the department office shall establish an advisory committee under s. 227.13 composed of health care providers providing treatment under s. 102.42 to advise the department office and the council on worker's compensation on amending those rules.

SB21,2793 Section 2793. 102.16 (4) of the statutes is amended to read:

SB21,1102,22 102.16 (4) The department division has jurisdiction to pass on any question arising out of sub. (3) and has jurisdiction to order the employer to reimburse an employee or other person for any sum deducted from wages or paid by him or her in violation of that subsection. In addition to the penalty provided in s. 102.85 (1), any employer violating sub. (3) shall be liable to an injured employee for the reasonable value of the necessary services rendered to that employee pursuant to under any arrangement made in violation of sub. (3) without regard to that employee's actual disbursements for the same those services.

SB21,2794 Section 2794. 102.17 (1) (a) 1. of the statutes is amended to read:

SB21,1103,4 102.17 (1) (a) 1. Upon the filing with the department division by any party in interest of any application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, the department division shall electronically deliver or mail a copy of the application to all other parties in interest, and the insurance carrier shall be considered a party in interest. The department division may bring in additional parties by service of a copy of the application.

SB21,2795 Section 2795. 102.17 (1) (a) 2. of the statutes is amended to read:

SB21,1103,16 102.17 (1) (a) 2. Subject to subd. 3., the department division shall cause notice of hearing on the application to be given to each interested party , by service of that notice on the interested party personally, by electronically delivering a copy of that notice to the interested party, or by mailing a copy of that notice to the interested party's last-known address at least 10 days before the hearing. If a party in interest is located without this state, and has no post-office address within this state, the copy of the application and copies of all notices shall be filed with the department of financial institutions and professional standards and shall also be sent by registered or certified mail to the last-known post-office address of the party. Such filing and mailing shall constitute sufficient service, with the same effect as if served upon a party located within this state.

SB21,2796 Section 2796. 102.17 (1) (a) 3. of the statutes is amended to read:

SB21,1103,22 102.17 (1) (a) 3. If a party in interest claims that the employer or insurer has acted with malice or bad faith, as described in s. 102.18 (1) (b) or (bp), that party shall provide written notice stating with reasonable specificity the basis for the claim to the employer, the insurer, the office, and the department division before the department division schedules a hearing on the claim of malice or bad faith.

SB21,2797 Section 2797. 102.17 (1) (a) 4. of the statutes is amended to read:

SB21,1104,7 102.17 (1) (a) 4. The hearing may be adjourned in the discretion of the department division, and hearings may be held at such places as the department division designates, within or without the state. The department division may also arrange to have hearings held by the commission, officer, or tribunal having authority to hear cases arising under the worker's compensation law of any other state, of the District of Columbia, or of any territory of the United States, with the testimony and proceedings at any such hearing to be reported to the department division and to be made part of the record in the case. Any evidence so taken shall be subject to rebuttal upon final hearing before the department division.

SB21,2798 Section 2798. 102.17 (1) (b) of the statutes is amended to read:

SB21,1104,22 102.17 (1) (b) In any dispute or controversy pending before the department division, the department division may direct the parties to appear before an examiner for a conference to consider the clarification of issues, the joining of additional parties, the necessity or desirability of amendments to the pleadings, the obtaining of admissions of fact or of documents, records, reports, and bills which that may avoid unnecessary proof, and such other matters as may aid in disposition of the dispute or controversy. After this that conference the department division may issue an order requiring disclosure or exchange of any information or written material which it that the division considers material to the timely and orderly disposition of the dispute or controversy. If a party fails to disclose or exchange that information within the time stated in the order, the department division may issue an order dismissing the claim without prejudice or excluding evidence or testimony relating to the information or written material. The department division shall provide each party with a copy of any order issued under this paragraph.

SB21,2799 Section 2799. 102.17 (1) (c) of the statutes is renumbered 102.17 (1) (c) 1. and amended to read:

SB21,1105,14 102.17 (1) (c) 1. Any party shall have the right to be present at any hearing, in person or by attorney or any other agent, and to present such testimony as may be pertinent to the controversy before the department division. No person, firm, or corporation, other than an attorney at law who is licensed to practice law in the state, may appear on behalf of any party in interest before the department division or any member or employee of the department division assigned to conduct any hearing, investigation, or inquiry relative to a claim for compensation or benefits under this chapter, unless the person is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, is otherwise qualified, and has obtained from the department office a license with authorization to appear in matters or proceedings before the department division. Except as provided under pars. (cm), (cr), and (ct), the license shall be issued by the department office under rules promulgated by the department office. The department office shall maintain in its office a current list of persons to whom licenses have been issued.

SB21,1106,5 2. Any license issued under subd. 1. may be suspended or revoked by the department office for fraud or serious misconduct on the part of an agent, any license may be denied, suspended, nonrenewed, or otherwise withheld by the department office for failure to pay court-ordered payments as provided in par. (cm) on the part of an agent, and any license may be denied or revoked if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes or if the department of workforce development determines under par. (ct) s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions. Before suspending or revoking the license of the agent on the grounds of fraud or misconduct, the department office shall give notice in writing to the agent of the charges of fraud or misconduct and shall give the agent full opportunity to be heard in relation to those charges. In denying, suspending, restricting, refusing to renew, or otherwise withholding a license for failure to pay court-ordered payments as provided in par. (cm), the department office shall follow the procedure provided in a memorandum of understanding entered into under s. 49.857. The license and certificate of authority shall, unless

SB21,1106,9 3. Unless otherwise suspended or revoked, a license issued under subd. 1. shall be in force from the date of issuance until the June 30 following the date of issuance and may be renewed by the department office from time to time, but each renewed license shall expire on the June 30 following the issuance of the renewed license.

SB21,2800 Section 2800. 102.17 (1) (cg) 1. of the statutes is amended to read:

SB21,1106,16 102.17 (1) (cg) 1. Except as provided in subd. 2m., the department office shall require each applicant for a license under par. (c) who is an individual to provide the department office with the applicant's social security number, and shall require each applicant for a license under par. (c) who is not an individual to provide the department office with the applicant's federal employer identification number, when initially applying for or applying to renew the license.

SB21,2801 Section 2801. 102.17 (1) (cg) 2. of the statutes is amended to read:

SB21,1106,24 102.17 (1) (cg) 2. If an applicant who is an individual fails to provide the applicant's social security number to the department office or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department office, the department office may not issue or renew a license under par. (c) to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under subd. 2m.

SB21,2802 Section 2802. 102.17 (1) (cg) 2m. of the statutes is amended to read:

SB21,1107,6 102.17 (1) (cg) 2m. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department office that the applicant does not have a social security number. The form of the statement shall be prescribed by the department office. A license issued in reliance upon a false statement submitted under this subdivision is invalid.

SB21,2803 Section 2803. 102.17 (1) (cg) 3. of the statutes is amended to read:

SB21,1107,13 102.17 (1) (cg) 3. The department of workforce development office may not disclose any information received under subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301, the department of workforce development for the sole purpose of requesting certifications under s. 108.227, or the department of children and families for purposes of administering s. 49.22.

SB21,2804 Section 2804. 102.17 (1) (cm) of the statutes is amended to read:

SB21,1108,2 102.17 (1) (cm) The department of workforce development office shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under par. (c) for failure of the applicant or agent to pay 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 or for failure of the applicant or agent to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding par. (c), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in ch. 227.

SB21,2805 Section 2805. 102.17 (1) (cr) of the statutes is amended to read:

SB21,1108,9 102.17 (1) (cr) The department office shall deny an application for the issuance or renewal of a license under par. (c), or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Notwithstanding par. (c), an action taken under this paragraph is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

SB21,2806 Section 2806. 102.17 (1) (ct) of the statutes is repealed and recreated to read:

SB21,1108,16 102.17 (1) (ct) The office shall deny an application for the issuance or renewal of a license under par. (c), or revoke such a license already issued, if the department of workforce development certifies under s. 108.227 that the applicant or licensee is liable for delinquent unemployment insurance contributions. Notwithstanding par. (c), an action taken under this paragraph is subject to review only as provided under s. 108.227 (5) and not as provided in ch. 227.

SB21,2807 Section 2807. 102.17 (1) (d) 1. of the statutes is amended to read:

SB21,1109,12 102.17 (1) (d) 1. The contents of certified medical and surgical reports by physicians, podiatrists, surgeons, dentists, psychologists, physician assistants, advanced practice nurse prescribers, and chiropractors licensed in and practicing in this state, and of certified reports by experts concerning loss of earning capacity under s. 102.44 (2) and (3), presented by a party for compensation constitute prima facie evidence as to the matter contained in those reports, subject to any rules and limitations the department division prescribes. Certified reports of physicians, podiatrists, surgeons, dentists, psychologists, physician assistants, advanced practice nurse prescribers, and chiropractors, wherever licensed and practicing, who have examined or treated the claimant, and of experts, if the practitioner or expert consents to being subjected to cross-examination, also constitute prima facie evidence as to the matter contained in those reports. Certified reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are admissible as evidence of the diagnosis, necessity of the treatment, and cause and extent of the disability. Certified reports by doctors of dentistry, physician assistants, and advanced practice nurse prescribers are admissible as evidence of the diagnosis and necessity of treatment but not of the cause and extent of disability. Any physician, podiatrist, surgeon, dentist, psychologist, chiropractor, physician assistant, advanced practice nurse prescriber, or expert who knowingly makes a false statement of fact or opinion in such a certified report may be fined or imprisoned, or both, under s. 943.395.

SB21,2808 Section 2808. 102.17 (1) (d) 2. of the statutes is amended to read:

SB21,1109,21 102.17 (1) (d) 2. The record of a hospital or sanatorium in this state that is satisfactory to the department division, established by certificate, affidavit, or testimony of the supervising officer of the hospital or sanitorium, any other person having charge of the record, or a physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced practice nurse prescriber, or chiropractor to be the record of the patient in question, and made in the regular course of examination or treatment of the patient, constitutes prima facie evidence as to the matter contained in the record, to the extent that the record is otherwise competent and relevant.

SB21,2809 Section 2809. 102.17 (1) (d) 3. of the statutes is amended to read:

SB21,1110,5 102.17 (1) (d) 3. The department division may, by rule, establish the qualifications of and the form used for certified reports submitted by experts who provide information concerning loss of earning capacity under s. 102.44 (2) and (3). The department division may not admit into evidence a certified report of a practitioner or other expert or a record of a hospital or sanatorium that was not filed with the department division and all parties in interest at least 15 days before the date of the hearing, unless the department division is satisfied that there is good cause for the failure to file the report.

SB21,2810 Section 2810. 102.17 (1) (d) 4. of the statutes is amended to read:

SB21,1110,9 102.17 (1) (d) 4. A report or record described in subd. 1., 2., or 3. that is admitted or received into evidence by the department division constitutes substantial evidence under s. 102.23 (6) as to the matter contained in the report or record.

SB21,2811 Section 2811. 102.17 (1) (e) of the statutes is amended to read:

SB21,1110,19 102.17 (1) (e) The department division may, with or without notice to any party, cause testimony to be taken, an inspection of the premises where the injury occurred to be made, or the time books and payrolls of the employer to be examined by any examiner, and may direct any employee claiming compensation to be examined by a physician, chiropractor, psychologist, dentist, or podiatrist. The testimony so taken, and the results of any such inspection or examination, shall be reported to the department division for its consideration upon final hearing. All ex parte testimony taken by the department division shall be reduced to writing, and any party shall have opportunity to rebut that testimony on final hearing.

SB21,2812 Section 2812. 102.17 (1) (f) of the statutes is amended to read:

SB21,1110,22 102.17 (1) (f) Sections 804.05 and 804.07 shall not apply to proceedings under this chapter, except as to a witness who is any of the following:

SB21,1110,23 1. Who is beyond Beyond reach of the subpoena of the department; or division.

SB21,1110,25 2. Who is about About to go out of the state, not intending to return in time for the hearing; or hearing.

SB21,1111,2 3. Who is so So sick, infirm, or aged as to make it probable that the witness will not be able to attend the hearing; or hearing.

SB21,1111,5 4. Who is a A member of the legislature, if any committee of the same or legislature or of the house of which the witness is a member, is in session, provided and the witness waives his or her privilege.

SB21,2813 Section 2813. 102.17 (1) (g) of the statutes is amended to read:

SB21,1111,19 102.17 (1) (g) Whenever the testimony presented at any hearing indicates a dispute or creates a doubt as to the extent or cause of disability or death, the department division may direct that the injured employee be examined, that an autopsy be performed, or that an opinion be obtained without examination or autopsy, by or from an impartial, competent physician, chiropractor, dentist, psychologist or podiatrist designated by the department division who is not under contract with or regularly employed by a compensation insurance carrier or self-insured employer. The expense of the examination, autopsy, or opinion shall be paid by the employer or, if the employee claims compensation under s. 102.81, from the uninsured employers fund. The report of the examination, autopsy, or opinion shall be transmitted in writing to the department division and a copy of the report shall be furnished by the department division to each party, who shall have an opportunity to rebut such the report on further hearing.

SB21,2814 Section 2814. 102.17 (1) (h) of the statutes is amended to read:

SB21,1112,2 102.17 (1) (h) The contents of certified reports of investigation, made by industrial safety specialists who are employed, contracted, or otherwise secured by the department division and who are available for cross-examination, if served upon the parties 15 days prior to hearing, shall constitute prima facie evidence as to matter contained in those reports. A report described in this paragraph that is admitted or received into evidence by the department division constitutes substantial evidence under s. 102.23 (6) as to the matter contained in the report.

SB21,2815 Section 2815. 102.17 (2) of the statutes is amended to read:

SB21,1112,13 102.17 (2) If the department shall have division has reason to believe that the payment of compensation has not been made, it the division may on its own motion give notice to the parties, in the manner provided for the service of an application, of a time and place when a hearing will be held for the purpose of determining the facts. Such The notice shall contain a statement of the matter to be considered. Thereafter all other All provisions of this chapter governing proceedings on an application shall attach apply, insofar as the same may be applicable, to a proceeding under this subsection. When the department division schedules a hearing on its own motion, the department division does not become a party in interest and is not required to appear at the hearing.

SB21,2816 Section 2816. 102.17 (2m) of the statutes is amended to read:

SB21,1112,20 102.17 (2m) Any The division or any party, including the department office, may require any person to produce books, papers, and records at the hearing by personal service of a subpoena upon the person along with a tender of witness fees as provided in ss. 814.67 and 885.06. Except as provided in sub. (2s), the subpoena shall be on a form provided by the department division and shall give the name and address of the party requesting the subpoena.

SB21,2817 Section 2817. 102.17 (2s) of the statutes is amended to read:

SB21,1113,3 102.17 (2s) A party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal hearing examiner or other representative of the department division responsible for conducting the proceeding.

SB21,2818 Section 2818. 102.17 (7) (b) of the statutes is amended to read:

SB21,1113,16 102.17 (7) (b) Except as provided in par. (c), the department division shall exclude from evidence testimony or certified reports from expert witnesses under par. (a) offered by the party that raises the issue of loss of earning capacity if that party failed to notify the department division and the other parties of interest, at least 60 days before the date of the hearing, of the party's intent to provide the testimony or reports and of the names of the expert witnesses involved. Except as provided in par. (c), the department division shall exclude from evidence testimony or certified reports from expert witnesses under par. (a) offered by a party of interest in response to the party that raises the issue of loss of earning capacity if the responding party failed to notify the department division and the other parties of interest, at least 45 days before the date of the hearing, of the party's intent to provide the testimony or reports and of the names of the expert witnesses involved.