SB665: Bill Text

SB665,27,7 (c) This subsection first applies to a health service provided to an injured employee on the date on which the notice under sub. (1) (a) is published in the Wisconsin Administrative Register.

SB665,27,9 (3) Records. Records related to the collection of any information under sub. (1) (a) 1. are not subject to the right of inspection and copying under s. 19.35 (1).

SB665,27,10 (4) Rules. The department shall promulgate rules to implement this section.

SB665,46 Section 46. 102.425 (2m) of the statutes is created to read:

SB665,27,13 102.425 (2m) Opiates and pain relief. (a) In this subsection, “opiate” has the meaning given in s. 961.01 (16).

SB665,27,18 (b) No practitioner may dispense more than a 7-day supply of an opiate to treat an injury for which an employer or insurer is liable under this chapter. Notwithstanding s. 102.16 (2m) (c), a supply greater than a 7-day supply shall be considered to be unnecessary treatment for purposes of s. 102.16 (2m) without the need for a written opinion under s. 102.16 (2m) (c).

SB665,47 Section 47. 102.427 of the statutes is created to read:

SB665,27,22 102.427 Electronic billing. Any health service provider that provides care to an injured employee under this chapter shall use an electronic billing system and be able to receive payments electronically.

SB665,48 Section 48. 102.44 (1) (ag) of the statutes is amended to read:

SB665,28,8 102.44 (1) (ag) Notwithstanding any other provision of this chapter, every employee who is receiving compensation under this chapter for permanent total disability or continuous temporary total disability more than 24 months after the date of injury resulting from an injury that occurred prior to January 1, 2003 2005, shall receive supplemental benefits that shall be payable by the employer or the employer's insurance carrier, or in the case of benefits payable to an employee under s. 102.66, shall be paid by the department out of the fund created under s. 102.65. Those supplemental benefits shall be paid only for weeks of disability occurring after January 1, 2005 2007, and shall continue during the period of such total disability subsequent to that date.

SB665,49 Section 49. 102.44 (1) (am) of the statutes is amended to read:

SB665,28,14 102.44 (1) (am) If the employee is receiving the maximum weekly benefits in effect at the time of the injury, the supplemental benefit for a week of disability occurring after March 2, 2016 the effective date of this paragraph .... [LRB inserts date], shall be an amount that, when added to the regular benefit established for the case, shall equal $669 $711.

SB665,50 Section 50. 102.44 (1) (b) of the statutes is amended to read:

SB665,28,21 102.44 (1) (b) If the employee is receiving a weekly benefit that is less than the maximum benefit that was in effect on the date of the injury, the supplemental benefit for a week of disability occurring after March 2, 2016 the effective date of this paragraph .... [LRB inserts date], shall be an amount sufficient to bring the total weekly benefits to the same proportion of $669 $711 as the employee's weekly benefit bears to the maximum in effect on the date of injury.

SB665,51 Section 51. 102.44 (2) of the statutes is amended to read:

SB665,29,3 102.44 (2) In case of permanent total disability, aggregate indemnity shall be weekly indemnity for the period that the employee may live. Total impairment for industrial use of both eyes, the loss of both arms at or near the shoulder, the loss of both legs at or near the hip, or the loss of one arm at the shoulder and one leg at the hip constitutes permanent total disability. This enumeration is not exclusive, but in other cases the department or the division shall find the facts.

SB665,52 Section 52. 102.44 (6) (b) of the statutes is amended to read:

SB665,29,10 102.44 (6) (b) If during the period set forth in s. 102.17 (4) the employment relationship is terminated by the employer at the time of the injury or by the employee because his or her physical or mental limitations prevent his or her continuing in such employment, or if during that period a wage loss of 15 percent or more occurs, the department or the division may reopen any award and make a redetermination taking into account loss of earning capacity.

SB665,53 Section 53. 102.525 of the statutes is created to read:

SB665,29,15 102.525 Additional payment for permanent partial disability. (1) If any of the following applies during the period set forth in s. 102.17 (4) with respect to an employee who sustains a disability specified under s. 102.52, the number of weeks for which indemnity shall be payable shall be increased by 15 percent:

SB665,29,18 (a) The employment relationship is terminated by the employer at the time of the injury or by the employee because his or her physical or mental limitations prevent his or her continuing in the employment.

SB665,29,19 (b) The percentage of wage loss during the period is 15 percent or more.

SB665,29,21 (2) For the purpose of determining the percentage of wage loss under sub. (1) (b), all of the following apply:

SB665,29,23 (a) Wage loss shall be determined based on wages as determined under s. 102.11.

SB665,29,25 (b) The percentage wage loss shall be determined using actual average wages over a period of at least 13 weeks following the employee's injury.

SB665,30,2 (c) The determination of wage loss may not take into account any of the following:

SB665,30,4 1. Any period during which benefits are payable for temporary disability under s. 102.43 (5).

SB665,30,5 2. Any period during which the employee received benefits under ch. 108.

SB665,30,6 3. Any payments for permanent partial disability under s. 102.52.

SB665,30,10 (3) For the purposes of sub. (1), if an employer makes a good faith offer of employment that is refused by the employee without just cause, the employee is considered to have returned to work at the amount of wages the employee would have received but for the employee's refusal of employment.

SB665,30,12 (4) An increase under sub. (1) shall be applied after the application of any increase under s. 102.53 or 102.54.

SB665,54 Section 54. 102.61 (2) of the statutes is amended to read:

SB665,30,20 102.61 (2) The department, the division, the commission, and the courts shall determine the rights and liabilities of the parties under this section in like manner and with like effect as the department, the division, the commission, and the courts determine other issues under this chapter. A determination under this subsection may include a determination based on the evidence regarding the cost or scope of the services provided by a private rehabilitation counselor under sub. (1m) (a) or the cost or reasonableness of a rehabilitative training program developed under sub. (1m) (a).

SB665,55 Section 55. 102.62 of the statutes is amended to read:

SB665,31,12 102.62 Primary and secondary liability; unchangeable. In case of liability under s. 102.57 or 102.60, the liability of the employer shall be primary and the liability of the insurance carrier shall be secondary. If proceedings are had before the department or the division for the recovery of that liability, the department or the division shall set forth in its award the amount and order of liability as provided in this section. Execution shall not be issued against the insurance carrier to satisfy any judgment covering that liability until execution has first been issued against the employer and has been returned unsatisfied as to any part of that liability. Any provision in any insurance policy undertaking to guarantee primary liability or to avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the employer has been adjudged bankrupt or has made an assignment for the benefit of creditors, if the employer, other than an individual, has gone out of business or has been dissolved, or if the employer is a corporation and its charter has been forfeited or revoked, the insurer shall be liable for the payment of that liability without judgment or execution against the employer, but without altering the primary liability of the employer.

SB665,56 Section 56. 102.75 (1m) of the statutes is amended to read:

SB665,31,18 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in ss. 20.427 (1) (ra) and 20.445 (1) (ra), (rb), (rc), and (rp) and may not be used for any other purpose of the state.

SB665,57 Section 57. 102.80 (1) (d) of the statutes is amended to read:

SB665,31,21 102.80 (1) (d) Amounts collected from employees or dependents of employees under s. 102.81 (4) (b) and (c).

SB665,58 Section 58. 102.81 (4) (b) (intro.) of the statutes is amended to read:

SB665,31,25 102.81 (4) (b) (intro.) If the employee or dependent receives compensation from the employee's employer or a 3rd party liable under s. 102.29, pay to the department the lesser of the following:

SB665,59 Section 59. 102.81 (4) (b) 2. of the statutes is amended to read:

SB665,32,3 102.81 (4) (b) 2. The amount after attorney fees and costs that the employee or dependent received from the employer or 3rd party.

SB665,60 Section 60. 102.81 (4) (c) of the statutes is created to read:

SB665,32,7 102.81 (4) (c) If the employee or dependent receives compensation from a 3rd party that is liable under s. 102.29, pay to the department the proceeds as specified under s. 102.29 (1) (b).

SB665,61 Section 61. 102.81 (5) of the statutes is amended to read:

SB665,32,10 102.81 (5) The department of justice may bring an action to collect the a payment under sub. (4) (b) or (c).

SB665,62 Section 62. 102.82 (1) of the statutes is amended to read:

SB665,32,20 102.82 (1) Except as provided in sub. (2) (ar), an uninsured employer shall reimburse the department for any payment made under s. 102.81 (1) to or on behalf of an employee of the uninsured employer or to an employee's dependents and for any expenses paid by the department in administering the claim of the employee or dependents, less amounts repaid by the employee or dependents under s. 102.81 (4) (b) or (c). The reimbursement owed under this subsection is due within 30 days after the date on which the department notifies the uninsured employer that the reimbursement is owed. Interest shall accrue on amounts not paid when due at the rate of 1 percent per month.

SB665,63 Section 63. 108.227 (1) (e) 16. of the statutes is created to read:

SB665,32,23 108.227 (1) (e) 16. A license issued by the division of hearings and appeals under s. 102.17 (1) (c).

SB665,64 Section 64. 108.227 (1) (f) of the statutes is amended to read:

SB665,33,8 108.227 (1) (f) “Licensing department" means the department of administration; the division of hearings and appeals; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the ethics commission; the department of financial institutions; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services; the office of the commissioner of insurance; or the department of transportation.

SB665,65 Section 65. 108.227 (1m) (intro.) of the statutes is amended to read:

SB665,33,15 108.227 (1m) General provisions. (intro.) The department shall promulgate rules specifying procedures to be used before taking action under sub. (3) (b) or s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4) with respect to a person whose license or credential is to be denied, not renewed, discontinued, suspended, or revoked, including rules with respect to all of the following:

SB665,66 Section 66. 108.227 (3) (a) 3. of the statutes is amended to read:

SB665,33,20 108.227 (3) (a) 3. Upon the request of any person whose license or certificate has been previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or certificate if the applicant is not liable for delinquent contributions.

SB665,67 Section 67. 108.227 (5) (a) of the statutes is amended to read:

SB665,34,13 108.227 (5) (a) The department of workforce development shall conduct a hearing requested by a license holder or applicant for a license or license renewal or continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review a certification or determination of contribution delinquency that is the basis of a denial, suspension, or revocation of a license or certificate in accordance with this section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph is limited to questions of mistaken identity of the license or certificate holder or applicant and of prior payment of the contributions that the department of workforce development certified or determined the license or certificate holder or applicant owes the department. At a hearing under this paragraph, any statement filed by the department of workforce development, the licensing department, or the supreme court, if the supreme court agrees, may be admitted into evidence and is prima facie evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to a hearing under this paragraph is not entitled to any other notice, hearing, or review, except as provided in sub. (6).

SB665,68 Section 68. 108.227 (5) (b) 1. of the statutes is amended to read:

SB665,34,23 108.227 (5) (b) 1. Issue a nondelinquency certificate to a license holder or an applicant for a license or license renewal or continuation if the department determines that the license holder or applicant is not liable for delinquent contributions. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department shall grant a license or certificate or reinstate a license or certificate if the department determines that the applicant for or the holder of the license or certificate is not liable for delinquent contributions, unless there are other grounds for denying the application or revoking the license or certificate.

SB665,69 Section 69. 108.227 (5) (b) 2. of the statutes is amended to read:

SB665,35,9 108.227 (5) (b) 2. Provide notice that the department of workforce development has affirmed its certification of contribution delinquency to a license holder; to an applicant for a license, a license renewal, or a license continuation; and to the licensing department or the supreme court, if the supreme court agrees. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department of workforce development shall provide notice to the license or certificate holder or applicant that the department of workforce development has affirmed its determination of contribution delinquency.

SB665,70 Section 70. DWD 80.03 (1) (d) of the administrative code is amended to read:

SB665,35,17 DWD 80.03 (1) (d) No compromise agreement may provide for a lump sum payment of more than the incurred medical expenses plus sums accrued as compensation or death benefits to the date of the agreement and $10,000 $50,000 in unaccrued benefits where the compromise settlement in a claim other than for death benefits involves a dispute as to the extent of permanent disability. Lump sum payments will be considered after approval of the compromise in accordance with s. DWD 80.39.

SB665,71 Section 71. Nonstatutory provisions.

SB665,36,2 (1) The department of workforce development shall conduct an analysis regarding the methods of calculation of hearing loss under chapter 102 of the statutes and how they compare to the methods of calculation used in the worker's compensation laws of other states, as well as an analysis of how improvements in technology should guide future decisions regarding how to calculate hearing loss for worker's compensation purposes in this state. The department shall, within 6 months after the effective date of this subsection, issue a report of its findings to the council on worker's compensation.

SB665,36,6 (2) The department of workforce development shall, within 3 months after the effective date of this subsection, report to the council on worker's compensation on the department's progress in carrying out its duties under section 102.44 (4m) of the statutes.

SB665,36,12 (3) All rules promulgated by the department of workforce development in effect on the effective date of this subsection that are primarily related to licenses issued under section 102.17 (1) (c) of the statutes, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the administrator of the division of hearings and appeals in the department of administration.

SB665,36,22 (4) Using the procedure under section 227.24 of the statutes, the department of workforce development may promulgate rules required under section 102.423 (4) of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2020, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB665,72 Section 72. Fiscal changes.

SB665,37,6 (1) 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, the dollar amount for fiscal year 2017-18 is increased by $630,000 for costs associated with the health service fee schedule under section 102.423 of the statutes. 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, the dollar amount for fiscal year 2018-19 is increased by $100,000 for costs associated with the health service fee schedule under section 102.423 of the statutes.

SB665,37,10 (2) On the effective date of this subsection, there is transferred from the appropriation account under section 20.445 (1) (t) of the statutes to the appropriation account under section 20.445 (1) (rc) of the statutes the unencumbered balance of the amount collected under section 102.75 (1g) of the statutes.

SB665,73 Section 73. Initial applicability.

SB665,37,14 (1) The treatment of sections 102.80 (1) (d), 102.81 (4) (b) (intro.) and 2. and (c) and (5), and 102.82 (1) of the statutes first applies to actions filed under section 102.29 of the statutes on the effective date of this subsection.

SB665,74 Section 74. Effective dates. This act takes effect on the day after publication, except as follows:

SB665,37,19 (1) The treatment of sections 102.11 (1) (intro.) and 102.44 (1) (ag), (am), and (b) of the statutes takes effect on January 1, 2018, or on the day after publication, whichever is later.

SB665,37,23 (2) The treatment of sections 102.13 (2) (b), 102.33 (1m), and 102.427 of the statutes, the renumbering of section 102.14 of the statutes, the amendment of section 102.14 (title) of the statutes, and the creation of section 102.14 (2m) of the statutes take effect on January 1, 2019.

SB665,37,25 (3) The treatment of section 102.525 of the statutes takes effect on the first day of the 7th month beginning after publication.

SB665,38,2 (4) The treatment of section DWD 80.03 (1) (d) of the Wisconsin Administrative Code takes effect as provided in section 227.265 of the statutes.

SB665,38,3 (End)