632.68(2)(cm)1.1. If the commissioner denies an application for a license under this subsection for delinquent payments or for a failure to comply with a subpoena or warrant, the applicant is entitled to notice and a hearing only as provided in a memorandum of understanding entered into under
s. 49.857 and is not entitled to a hearing under
par. (c).
632.68(2)(cm)2.
2. If the commissioner denies an application for a license under this subsection for delinquent taxes, the applicant is entitled to a hearing under
s. 73.0301 (5) (a) but is not entitled to a hearing under
par. (c).
632.68(2)(d)
(d) A license issued under this subsection to a partnership, corporation or limited liability company authorizes all partners, members, directors or principal officers or persons in fact having comparable powers to act as a viatical settlement provider under the license. All persons acquiring authority under this paragraph to act under the license shall be named in the application and any supplements to the application.
632.68(2)(e)
(e) Except as provided in
sub. (3), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in
s. 601.31 (1) (mp) and upon providing the licensee's social security number or federal employer identification number, as applicable, if not previously provided on the application for the license or at a previous renewal of the license.
632.68(3)
(3) Viatical settlement provider license; revocation, suspension, limitation or refusal to renew. 632.68(3)(a)(a) Except as provided in
par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement provider license if, after a hearing, the commissioner finds any of the following:
632.68(3)(a)1.
1. That the licensee misrepresented information in the application.
632.68(3)(a)2.
2. That the licensee has engaged in fraudulent or dishonest practices or is otherwise shown to be untrustworthy or incompetent to act as a viatical settlement provider.
632.68(3)(a)3.
3. That the licensee has failed to meet the minimum settlement payment requirements under
sub. (9) (c) or has demonstrated a pattern of making unreasonable payments to policyholders or certificate holders.
632.68(3)(a)4.
4. Notwithstanding
ss. 111.321,
111.322 and
111.335, that the licensee has been convicted of a misdemeanor or felony involving fraud, deceit or misrepresentation.
632.68(3)(a)5.
5. That the licensee has violated any provision of this section.
632.68(3)(b)1.1. The commissioner shall suspend, limit or refuse to renew a viatical settlement provider license issued to a natural person if the natural person is delinquent in 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 if the natural person fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development 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.
632.68(3)(b)2.
2. The commissioner shall revoke or refuse to renew a viatical settlement provider license if the department of revenue certifies under
s. 73.0301 that the licensee is liable for delinquent taxes.
632.68(4)
(4) Viatical settlement broker license and other requirements. 632.68(4)(a)(a) Except as provided in
sub. (1) (c), no person may act as a viatical settlement broker unless the person obtains and has in effect a viatical settlement broker license under this subsection.
632.68(4)(b)
(b) A person may apply to the commissioner for a viatical settlement broker license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant to provide the applicant's social security number, if the applicant is a natural person, or the applicant's federal employer identification number, if the applicant is not a natural person. The fee specified in
s. 601.31 (1) (mr) shall accompany the application. The commissioner may not issue a license under this subsection unless the applicant provides his or her social security number or its federal employer identification number, whichever is applicable.
632.68(4)(bc)1.1. The commissioner shall disclose a social security number obtained under
par. (b) to the department of workforce development in the administration of
s. 49.22, as provided in a memorandum of understanding entered into under
s. 49.857.
632.68(4)(bc)2.
2. The commissioner may disclose a social security number or federal employer identification number received under
par. (b) or
(c) to the department of revenue for the purpose of requesting certifications under
s. 73.0301.
632.68(4)(bm)1.1. The commissioner may not issue a license under this subsection to a natural person who is delinquent in 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 who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development 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.
632.68(4)(bm)2.
2. The commissioner may not issue a license under this subsection if the department of revenue certifies under
s. 73.0301 that the applicant is liable for delinquent taxes.
632.68(4)(c)
(c) Except as provided in
sub. (5), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in
s. 601.31 (1) (ms) and upon providing the licensee's social security number or federal employer identification number, as applicable, if not previously provided on the application for the license or at a previous renewal of the license.
632.68(4)(d)
(d) A licensee under this subsection shall acquire and maintain professional liability insurance in an amount that is satisfactory to the commissioner.
632.68(4)(e)
(e) A licensee under this subsection is not subject to any prelicensing or continuing education that may be required by rule under
ch. 628.
632.68(5)
(5) Viatical settlement broker license; revocation, suspension, limitation or refusal to renew. 632.68(5)(a)(a) Except as provided in
par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement broker license if, after a hearing, the commissioner finds any of the following:
632.68(5)(a)1.
1. That the licensee misrepresented information in the application.
632.68(5)(a)2.
2. That the licensee has engaged in fraudulent or dishonest practices or is otherwise shown to be untrustworthy or incompetent to act as a viatical settlement broker.
632.68(5)(a)3.
3. Notwithstanding
ss. 111.321,
111.322 and
111.335, that the licensee has been convicted of a misdemeanor or felony involving fraud, deceit or misrepresentation.
632.68(5)(a)4.
4. That the licensee has violated any provision of this section.
632.68(5)(b)1.1. The commissioner shall suspend, limit or refuse to renew a viatical settlement broker license issued to a natural person if the natural person is delinquent in 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 if the natural person fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development 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.
632.68(5)(b)2.
2. The commissioner shall revoke or refuse to renew a viatical settlement broker license if the department of revenue certifies under
s. 73.0301 that the licensee is liable for delinquent taxes.
632.68(6)
(6) Approval of viatical settlement contracts. No viatical settlement contract form may be used in this state unless it has been filed with and approved by the commissioner. Any viatical settlement contract form filed with the commissioner is approved if it is not disapproved within 60 days after filing. The commissioner shall disapprove a viatical settlement contract form if, in the commissioner's opinion, the contract or any of its provisions is unreasonable, contrary to any provision of this section, contrary to the public interest or otherwise misleading or unfair to the policyholder or certificate holder.
632.68(7)
(7) Reporting requirements. Annually, on or before March 1, every licensee under this section shall file with the commissioner a statement containing any information that the commissioner requires by rule.
632.68(8)
(8) Record keeping. Every licensee under this section shall maintain and make available for inspection by the commissioner records of all viatical settlement transactions. Names and other individual identifying information related to policyholders or certificate holders shall be considered confidential and may not be disclosed by the commissioner.
632.68(9)
(9) Requirements for viatical settlements and contracts. 632.68(9)(a)(a) If the policyholder or certificate holder who desires to enter into a viatical settlement contract is the person with a catastrophic or life-threatening illness or condition whose life is insured under the policy or certificate, the viatical settlement provider shall obtain all of the following before entering into the contract:
632.68(9)(a)1.
1. A written statement from the person's attending physician that the person is of sound mind.
632.68(9)(a)2.
2. A written statement, signed by the person and witnessed by 2 disinterested adults, in which the person does all of the following:
632.68(9)(a)2.b.
b. Acknowledges his or her catastrophic or life-threatening illness or condition.
632.68(9)(a)2.c.
c. Releases his or her medical records to the viatical settlement provider.
632.68(9)(a)2.d.
d. Represents that he or she understands the viatical settlement contract, the benefits under the life insurance policy or certificate and the relationship between the viatical settlement contract and the life insurance policy or certificate.
632.68(9)(a)2.e.
e. Acknowledges that he or she is entering into the viatical settlement contract freely and voluntarily.
632.68(9)(a)2.f.
f. Affirms that he or she has received a recommendation from a viatical settlement provider or a viatical settlement broker in writing to seek financial advice from an individual or entity other than the viatical settlement provider or a viatical settlement broker regarding the effect of the viatical settlement on creditor claims, income taxes and government benefits.
632.68(9)(b)
(b) Before the execution of a viatical settlement contract, a viatical settlement provider or a viatical settlement broker shall disclose to the policyholder or certificate holder all of the following:
632.68(9)(b)1.
1. That he or she is a viatical settlement provider or broker.
632.68(9)(b)1m.
1m. That there may be alternatives to viatical settlements for persons with a catastrophic or life-threatening illness or condition and what those alternatives are, including accelerated benefits under the life insurance policy or certificate.
632.68(9)(b)2.
2. That the policyholder or certificate holder should obtain financial advice from a financial counselor, a tax adviser or an appropriate agency.
632.68(9)(b)3.
3. That some or all of the viatical settlement proceeds may be taxable and that he or she should seek advice from a personal tax adviser.
632.68(9)(b)4.
4. That the viatical settlement proceeds may be subject to the claims of creditors.
632.68(9)(b)5.
5. That receipt of a viatical settlement may adversely affect the recipient's eligibility for medicaid or other government benefits and that he or she should seek advice from any appropriate agencies.
632.68(9)(b)6.
6. That the policyholder or certificate holder may rescind the viatical settlement contract as provided in
par. (d).
632.68(9)(b)7.
7. The frequency of and procedure for contacts by the provider or broker to determine the health status of the policyholder or certificate holder after the performance of the contract.
632.68(9)(b)8.
8. The bank from which the viatical settlement proceeds will be available and that the trustee or escrow agent holding the proceeds is required to pay the proceeds to the policyholder or certificate holder immediately upon notification from the insurer that the policy or certificate has been transferred to the viatical settlement provider.
632.68(9)(b)9.
9. That, except for double or additional indemnity provisions for accidental death, as a result of the viatical settlement contract no beneficiary named by the policyholder or certificate holder will receive any insurance proceeds under the policy or certificate.
632.68(9)(b)10.
10. The name of the new policyholder or certificate holder under the viatical settlement contract.
632.68(9)(c)1.1. Every viatical settlement shall be reasonable and shall meet the following minimum payment requirements:
632.68(9)(c)1.a.
a. If the insured's life expectancy is 6 months or less, 80% of the policy or certificate face value after reducing the face value by the amount of any outstanding loans against the policy or certificate.
632.68(9)(c)1.b.
b. If the insured's life expectancy is more than 6 months but not more than 12 months, 75% of the policy or certificate face value after reducing the face value by the amount of any outstanding loans against the policy or certificate.
632.68(9)(c)1.c.
c. If the insured's life expectancy is more than 12 months but not more than 24 months, 65% of the policy or certificate face value after reducing the face value by the amount of any outstanding loans against the policy or certificate.
632.68(9)(c)1.d.
d. If the insured's life expectancy is more than 24 months but not more than 36 months, 55% of the policy or certificate face value after reducing the face value by the amount of any outstanding loans against the policy or certificate.
632.68(9)(c)1.e.
e. If the insured's life expectancy is more than 36 months but not more than 48 months, 45% of the policy or certificate face value after reducing the face value by the amount of any outstanding loans against the policy or certificate.
632.68(9)(c)1.f.
f. If the insured's life expectancy is more than 48 months, 30% of the policy or certificate face value after reducing the face value by the amount of any outstanding loans against the policy or certificate.
632.68(9)(c)2.
2. If the total of the premiums that the viatical settlement provider expects to pay under the policy or certificate exceeds 5% of the face value of the policy or certificate, the viatical settlement provider may reduce the minimum payment amount under
subd. 1. by the percentage of the face value that the total of the premiums that the viatical settlement provider expects to pay equals.
632.68(9)(d)
(d) Every viatical settlement contract entered into in this state shall provide that the policyholder or certificate holder entering into the contract has the unconditional right to rescind the contract within 30 days after the contract is entered into or 15 days after receiving the viatical settlement proceeds, whichever is sooner. If the policyholder or certificate holder wishes to rescind the contract after receipt of the viatical settlement proceeds, the policyholder or certificate holder must refund the proceeds.
632.68(9)(e)
(e) If a policy or certificate that is the subject of a viatical settlement contract contains a provision for double or additional indemnity for accidental death, the viatical settlement contract shall provide for the same additional payment to a beneficiary named payable in the viatical settlement contract by the policyholder or certificate holder.
632.68(9)(f)
(f) Upon receipt from the policyholder or certificate holder of all documents necessary for the transfer of the life insurance policy or certificate, the viatical settlement provider shall pay all of the proceeds of the settlement into a trust account or escrow account in a bank, to be managed by a trustee or escrow agent. The trustee or escrow agent shall pay the proceeds to the former policyholder or certificate holder immediately upon receiving acknowledgement from the insurer issuing the life insurance policy or certificate that the policy or certificate has been transferred to the viatical settlement provider. Payment shall be made in a lump sum by certified check, wire transfer or electronic fund transfer to an account of the former policyholder or certificate holder, or in instalments if the settlement is effected through the purchase of an annuity or similar instrument from a person authorized by this or another state to issue annuities.
632.68(10)
(10) General rules related to viatical settlements. 632.68(10)(a)(a) A viatical settlement provider or broker may not discriminate in the making of viatical settlements on the basis of race, age, sex, national origin, creed, religion, occupation, marital or family status, sexual orientation or whether the person whose life is insured under the policy or certificate has dependents, unless any such factor affects the life expectancy of the person whose life is insured.
632.68(10)(b)
(b) A viatical settlement provider or broker may not pay or offer to pay a finder's fee, commission or other compensation to a physician, attorney, accountant or other person providing medical, legal or financial planning services to the policyholder or certificate holder of a policy or certificate that may be the subject of a viatical settlement contract, or to any other person acting as an agent of the policyholder or certificate holder with respect to a viatical settlement.
632.68(10)(c)
(c) A viatical settlement provider or broker shall comply with the confidentiality requirements of
ss. 51.30,
146.82 and
252.15 with respect to any medical information obtained by the viatical settlement provider or broker concerning the person whose life is insured under the policy or certificate.
632.68(10)(d)
(d) Contacts by a viatical settlement provider or broker for the purpose of determining the health status of a person whose life is insured under a policy or certificate that was the subject of a viatical settlement contract shall be limited to once every 3 months if the person's life expectancy was more than one year at the time that the viatical settlement contract was entered into and once per month if the person's life expectancy was one year or less at the time that the viatical settlement contract was entered into.
632.68(10)(e)
(e) The owner of a life insurance policy or certificate may not be required to enter into a viatical settlement contract as a condition of eligibility for public assistance, or as a condition for receiving the full amount of public assistance benefits for which the person is otherwise eligible.
632.68(10)(f)
(f) A viatical settlement provider or broker may not solicit or accept as investors in a life insurance policy or certificate that is the subject of a viatical settlement contract persons who are in a position to influence the treatment of the catastrophic or life-threatening illness or condition of the person whose life is insured under the policy or certificate.
632.68(10)(g)1.1. Advertising related to viatical settlements shall be truthful and may not be misleading by fact or implication.
632.68(10)(g)2.
2. If an advertisement emphasizes the speed with which a viatical settlement may occur, the advertisement shall disclose, by life expectancy category under
sub. (9) (c), the average time between the completion of the application and the receipt of the settlement proceeds under contracts with the advertiser.
632.68(10)(g)3.
3. If an advertisement emphasizes the amount of proceeds that may be received, the advertisement shall disclose, by life expectancy category under
sub. (9) (c), the average purchase price as a percentage of policy face value that has been obtained under contracts with the advertiser during the past 6 months.
632.68(11)(a)(a) The commissioner may require the filing of a bond as a condition of licensure under this section.
632.68(11)(b)
(b) The commissioner may promulgate rules that do any of the following:
632.68(11)(b)1.
1. Establish standards for determining the reasonableness of payments under viatical settlement contracts that exceed the minimum percentages under
sub. (9) (c).
632.68(11)(b)2.
2. Establish the maximum fee that a viatical settlement provider may pay a viatical settlement broker for services provided.
