632.87(2m)(a)2.
2. Fail to provide to persons covered by the health maintenance organization or preferred provider plan, at the time vision care services or procedures are needed, the opportunity to choose optometrists from the listing under
subd. 1. from whom the persons may obtain covered vision care services and procedures within the scope of the practice of optometry, as defined in
s. 449.01 (1).
632.87(2m)(a)3.
3. Fail to include as participating providers in the health maintenance organization or preferred provider plan optometrists licensed under
ch. 449 in sufficient numbers to meet the demand of persons covered by the health maintenance organization or preferred provider plan for optometric services.
632.87(2m)(a)4.
4. When vision care services or procedures are deemed appropriate by the health maintenance organization or preferred provider plan, restrict or discourage a person covered by the health maintenance organization or preferred provider plan from obtaining covered vision care services or procedures, within the scope of the practice of optometry as defined in
s. 449.01 (1), from participating optometrists solely on the basis that the providers are optometrists.
632.87(3)(a)(a) No policy, plan or contract may exclude coverage for diagnosis and treatment of a condition or complaint by a licensed chiropractor within the scope of the chiropractor's professional license, if the policy, plan or contract covers diagnosis and treatment of the condition or complaint by a licensed physician or osteopath, even if different nomenclature is used to describe the condition or complaint. Examination by or referral from a physician shall not be a condition precedent for receipt of chiropractic care under this paragraph. This paragraph does not:
632.87(3)(a)1.
1. Prohibit the application of deductibles or coinsurance provisions to chiropractic and physician charges on an equal basis.
632.87(3)(a)2.
2. Prohibit the application of cost containment or quality assurance measures to chiropractic services in a manner that is consistent with cost containment or quality assurance measures generally applicable to physician services and that is consistent with this section.
632.87(3)(b)
(b) No insurer, under a policy, plan or contract covering diagnosis and treatment of a condition or complaint by a licensed chiropractor within the scope of the chiropractor's professional license, may do any of the following:
632.87(3)(b)1.
1. Restrict or terminate coverage for the treatment of a condition or a complaint by a licensed chiropractor within the scope of the chiropractor's professional license on the basis of other than an examination or evaluation by or a recommendation of a licensed chiropractor or a peer review committee that includes a licensed chiropractor.
632.87(3)(b)2.
2. Refuse to provide coverage to an individual because that individual has been treated by a chiropractor.
632.87(3)(b)3.
3. Establish underwriting standards that are more restrictive for chiropractic care than for care provided by other health care providers.
632.87(3)(b)4.
4. Exclude or restrict health care coverage of a health condition solely because the condition may be treated by a chiropractor.
632.87(3)(c)
(c) An exclusion or a restriction that violates
par. (b) is void in its entirety.
632.87(4)
(4) No policy, plan or contract may exclude coverage for diagnosis and treatment of a condition or complaint by a licensed dentist within the scope of the dentist's license, if the policy, plan or contract covers diagnosis and treatment of the condition or complaint by another health care provider, as defined in
s. 146.81 (1).
632.87(5)
(5) No insurer or self-insured school district, city or village may, under a policy, plan or contract covering gynecological services or procedures, exclude or refuse to provide coverage for Papanicolaou tests, pelvic examinations or associated laboratory fees when the test or examination is performed by a licensed nurse practitioner, as defined in
s. 632.895 (8) (a) 3., within the scope of the nurse practitioner's professional license, if the policy, plan or contract includes coverage for Papanicolaou tests, pelvic examinations or associated laboratory fees when the test or examination is performed by a physician.
632.87 Annotation
Legislative Council Note, 1975: This [sub. (1)] continues (and expands the scope of) s. 207.04 (1) (k) [repealed by this act], which does not deal with an unfair marketing practice but an unduly restrictive interpretation of an insurance contract. Presently it applies only to podiatrists but the same principles apply to all health care professionals. Since the legislature has licensed podiatrists (s. 448.10 et. seq.), as well as other health care professionals who are not physicians, applicable insurance contracts should provide benefits for their services or payment to them, as well as for those of physicians, unless they are specifically and clearly excluded by a policy which has been approved by the commissioner. But general principles of freedom of contract should be operative if the contract is clear enough. Parties negotiating for insurance coverage should be free to decide what kind of health care services they want and are willing to pay for. [Bill 16-S]
632.875
632.875
Independent evaluations relating to chiropractic treatment. 632.875(1)(a)
(a) "Chiropractor" means a person licensed to practice chiropractic under
ch. 446.
632.875(1)(b)
(b) "Independent evaluation" means an examination or evaluation by or recommendation of a chiropractor or a peer review committee under
s. 632.87 (3) (b) 1.
632.875(1)(c)
(c) "Patient" means a person whose treatment by a chiropractor is the subject of an independent evaluation.
632.875(1)(d)
(d) "Treating chiropractor" means a chiropractor who is treating a patient and whose treatment of the patient is the subject of an independent evaluation.
632.875(2)
(2) If, on the basis of an independent evaluation, an insurer restricts or terminates a patient's coverage for the treatment of a condition or complaint by a chiropractor acting within the scope of his or her license and the restriction or termination of coverage results in the patient becoming liable for payment for his or her treatment, the insurer shall provide to the patient and to the treating chiropractor a written statement that contains all of the following:
632.875(2)(d)
(d) A description of the insurer's internal appeal process that is available to the patient.
632.875(2)(e)
(e) A statement indicating that the patient may, no later than 30 days after receiving the statement required under this subsection, request an internal appeal of the insurer's restriction or termination of coverage.
632.875(2)(f)
(f) The address to which the patient should send the request for an appeal.
632.875(2)(g)
(g) A reasonable explanation of the factual basis and of the basis in the policy, plan or contract or in applicable law for the insurer's restriction or termination of coverage.
632.875(2)(h)
(h) A list of records and documents reviewed as part of the independent evaluation.
632.875(3)(a)(a) In this subsection, "claim" means a patient's claim for coverage, under a policy, plan or contract covering diagnosis and treatment of a condition or complaint by a licensed chiropractor within the scope of the chiropractor's professional license, the restriction or termination of which coverage is the subject of an independent evaluation.
632.875(3)(b)
(b) A chiropractor who conducts an independent evaluation may not be compensated by an insurer based on a percentage of the dollar amount by which a claim is reduced as a result of the independent evaluation.
632.875(4)
(4) Subject to
sub. (2) (e), an insurer shall make available to a patient an internal procedure by which the patient may appeal an insurer's decision to restrict or terminate coverage.
632.875(5)
(5) This section does not apply to any of the following:
632.875(5)(b)
(b) Any line of property and casualty insurance except disability insurance. In this paragraph, "disability insurance" does not include uninsured motorist coverage, underinsured motorist coverage or medical payment coverage.
632.875 History
History: 1995 a. 94.
632.88
632.88
Policy extension for handicapped children. 632.88(1)(1)
Termination of coverage.. Every hospital or medical expense insurance policy or contract that provides that coverage of a dependent child of a person insured under the policy shall terminate upon attainment of a limiting age for dependent children specified in the policy shall also provide that the age limitation may not operate to terminate the coverage of a dependent child while the child is and continues to be both:
632.88(1)(a)
(a) Incapable of self-sustaining employment because of mental retardation or physical handicap; and
632.88(1)(b)
(b) Chiefly dependent upon the person insured under the policy for support and maintenance.
632.88(2)
(2) Proof of incapacity. The insurer may require that proof of the incapacity and dependency be furnished by the person insured under the policy within 31 days of the date the child attains the limiting age, and at any time thereafter except that the insurer may not require proof more frequently than annually after the 2-year period immediately following attainment of the limiting age by the child.
632.88 History
History: 1975 c. 375.
632.89
632.89
Required coverage of alcoholism and other diseases. 632.89(1)(d)
(d) "Inpatient hospital services" means services for the treatment of nervous and mental disorders or alcoholism and other drug abuse problems that are provided in a hospital to a bed patient in the hospital.
632.89(1)(e)
(e) "Outpatient services" means nonresidential services for the treatment of nervous or mental disorders or alcoholism or other drug abuse problems provided to an insured and, if for the purpose of enhancing the treatment of the insured, a collateral by any of the following:
632.89(1)(e)1.
1. A program in an outpatient treatment facility, if both are approved by the department of health and family services, the program is established and maintained according to rules promulgated under
s. 51.42 (7) (b) and the facility is certified under
s. 51.04.
632.89(1)(e)2.
2. A licensed physician who has completed a residency in psychiatry, in an outpatient treatment facility or the physician's office.
632.89(1)(e)3.
3. A licensed psychologist who is listed in the national register of health service providers in psychology or who is certified by the American board of professional psychology.
632.89(1)(em)
(em) "Policy year" means any period of time as defined by the group or blanket disability insurance policy that does not exceed 12 consecutive months.
632.89(1)(f)
(f) "Transitional treatment arrangements" means services for the treatment of nervous or mental disorders or alcoholism or other drug abuse problems that are provided to an insured in a less restrictive manner than are inpatient hospital services but in a more intensive manner than are outpatient services, and that are specified by the commissioner by rule under
sub. (4).
632.89(2)(a)1.1. A group or blanket disability insurance policy issued by an insurer shall provide coverage of nervous and mental disorders and alcoholism and other drug abuse problems if required by and as provided in
pars. (b) to
(e).
632.89(2)(a)2.
2. Except as provided in
pars. (b) to
(e), coverage of conditions under
subd. 1. by a policy may not be subject to exclusions or limitations that are not generally applicable to other conditions covered under the policy.
632.89(2)(b)
(b)
Minimum coverage of inpatient hospital, outpatient and transitional treatment arrangements. 632.89(2)(b)1.1. Except as provided in
subd. 2., if a group or blanket disability insurance policy issued by an insurer provides coverage of inpatient hospital treatment or outpatient treatment or both, the policy shall provide coverage in every policy year as provided in
pars. (c) to
(dm), as appropriate, except that the total coverage under the policy for a policy year need not exceed $7,000 or, if the coverage is provided by a health maintenance organization, as defined in
s. 609.01 (2), the equivalent benefits measured in services rendered.
632.89(2)(b)2.
2. The amount under
subd. 1. may be reduced if the policy is written in combination with major medical coverage to the extent that results in combined coverage complying with
subd. 1.
632.89(2)(c)
(c)
Minimum coverage of inpatient hospital services. 632.89(2)(c)1.1. If a group or blanket disability insurance policy issued by an insurer provides coverage of any inpatient hospital treatment, the policy shall provide coverage for inpatient hospital services for the treatment of conditions under
par. (a) 1. as provided in
subd. 2.
632.89(2)(c)2.
2. Except as provided in
par. (b), a policy under
subd. 1. shall provide coverage in every policy year for not less than the lesser of the following:
632.89(2)(c)2.a.
a. The expenses of the first 30 days as an inpatient in a hospital.
632.89(2)(c)2.b.
b. The first $7,000 minus a copayment of up to 10% for inpatient hospital services or, if the coverage is provided by a health maintenance organization, as defined in
s. 609.01 (2), the first $6,300 or the equivalent benefits measured in services rendered.
632.89(2)(d)1.1. If a group or blanket disability insurance policy issued by an insurer provides coverage of any outpatient treatment, the policy shall provide coverage for outpatient services for the treatment of conditions under
par. (a) 1. as provided in
subd. 2.
632.89(2)(d)2.
2. Except as provided in
par. (b), a policy under
subd. 1. shall provide coverage in every policy year for not less than the first $2,000 minus a copayment of up to 10% for outpatient services or, if the coverage is provided by a health maintenance organization, as defined in
s. 609.01 (2), the first $1,800 or the equivalent benefits measured in services rendered.
632.89(2)(dm)
(dm)
Minimum coverage of transitional treatment arrangements. 632.89(2)(dm)1.1. If a group or blanket disability insurance policy issued by an insurer provides coverage of any inpatient hospital treatment or any outpatient treatment, the policy shall provide coverage for transitional treatment arrangements for the treatment of conditions under
par. (a) 1. as provided in
subd. 2.
632.89(2)(dm)2.
2. Except as provided in
par. (b), a policy under
subd. 1. shall provide coverage in every policy year for not less than the first $3,000 minus a copayment of up to 10% for transitional treatment arrangements or, if the coverage is provided by a health maintenance organization, as defined in
s. 609.01 (2), the first $2,700 or the equivalent benefits measured in services rendered.
632.89(2)(e)
(e)
Exclusion. This subsection does not apply to a health care plan offered by a limited service health organization, as defined in
s. 609.01 (3).
632.89(2m)
(2m) Liability to the state or county. For any insurance policy issued on or after January 1, 1981, any insurer providing hospital treatment coverage is liable to the state or county for any costs incurred for services an inpatient health care facility, as defined in
s. 50.135 (1), or community-based residential facility, as defined in
s. 50.01 (1g), owned or operated by a state or county, provides to a patient regardless of the patient's liability for the services, to the extent that the insurer is liable to the patient for services provided at any other inpatient health care facility or community-based residential facility.
632.89(3m)
(3m) Issuance of policy. Every group or blanket disability insurance policy subject to
sub. (2) shall include a definition of "policy year".
632.89(4)
(4) Specify transitional treatment arrangements by rule. The commissioner shall specify by rule the services for the treatment of nervous or mental disorders or alcoholism or other drug abuse problems, including but not limited to day hospitalization, that are covered under
sub. (2) (dm).
632.89(5)
(5) Medicare exclusion. No insurer or other organization subject to this section is required to duplicate coverage available under the federal medicare program.
632.89 History
History: 1975 c. 223,
224,
375;
1977 c. 203 s.
106;
1979 c. 175,
221;
1981 c. 20 s.
2202 (20) (q);
1981 c. 39 ss.
14,
15,
22;
1981 c. 314;
1983 a. 27;
1983 a. 189 s.
329 (5);
1985 a. 29,
176;
1987 a. 195,
403;
1991 a. 39,
250;
1993 a. 27,
270;
1995 a. 27 ss.
7047,
9126 (19).
632.895
632.895
Mandatory coverage. 632.895(1)(a)
(a) "Disability insurance policy" means surgical, medical, hospital, major medical or other health service coverage but does not include hospital indemnity policies or ancillary coverages such as income continuation, loss of time or accident benefits.
632.895(1)(b)
(b) "Home care" means care and treatment of an insured under a plan of care established, approved in writing and reviewed at least every 2 months by the attending physician, unless the attending physician determines that a longer interval between reviews is sufficient, and consisting of one or more of the following:
632.895(1)(b)1.
1. Part-time or intermittent home nursing care by or under the supervision of a registered nurse.
