609.03 History
History: 1989 a. 23.
609.05
609.05
Primary provider and referrals. 609.05(1)
(1) Except as provided in
subs. (2) and
(3), a limited service health organization, preferred provider plan or managed care plan shall permit its enrollees to choose freely among participating providers.
609.05(2)
(2) Subject to
s. 609.22 (4) and
(4m), a limited service health organization, preferred provider plan or managed care plan may require an enrollee to designate a primary provider and to obtain health care services from the primary provider when reasonably possible.
609.05(3)
(3) Except as provided in
ss. 609.22 (4m),
609.65 and
609.655, a limited service health organization, preferred provider plan or managed care plan may require an enrollee to obtain a referral from the primary provider designated under
sub. (2) to another participating provider prior to obtaining health care services from that participating provider.
609.10
609.10
Standard plan and point-of-service option plan required. 609.10(1)(ac)(ac) In this section, "point-of-service option plan" means a health maintenance organization or preferred provider plan that permits an enrollee to obtain covered health care services from a provider that is not a participating provider of the health maintenance organization or preferred provider plan under all of the following conditions:
609.10(1)(ac)1.
1. The nonparticipating provider holds a license or certificate that authorizes or qualifies the provider to provide the health care services.
609.10(1)(ac)2.
2. The health maintenance organization or preferred provider plan is required to pay the nonparticipating provider only the amount that the health maintenance organization or preferred provider plan would pay a participating provider for those health care services.
609.10(1)(ac)3.
3. The enrollee is responsible for any additional costs or charges related to the coverage.
609.10(1)(am)
(am) Except as provided in
subs. (2) to
(4), an employer that offers any of its employees a health maintenance organization or a preferred provider plan that provides comprehensive health care services shall also offer the employees a standard plan that provides at least substantially equivalent coverage of health care expenses and a point-of-service option plan, as provided in
pars. (b) and
(c).
609.10(1)(b)
(b) At least once annually, the employer shall provide the employees the opportunity to enroll in the health care plans under
par. (am).
609.10(1)(c)
(c) The employer shall provide the employees adequate notice of the opportunity to enroll in the health care plans under
par. (am) and shall provide the employees complete and understandable information concerning the differences among the health maintenance organization or preferred provider plan, the standard plan and the point-of-service option plan.
Effective date note
NOTE: Section 609.10 (title) and (1) are shown as affected eff. 4-1-01 by
1999 Wis. Act 9. Prior to 4-1-01 they read:
Effective date text
609.10 Standard plan required.
(1) (a) Except as provided in subs. (2) to (4), an employer that offers any of its employees a health maintenance organization or a preferred provider plan that provides comprehensive health care services shall also offer the employees a standard plan, as provided in pars. (b) and (c), that provides at least substantially equivalent coverage of health care expenses.
609.10 Note
(b) At least once annually, the employer shall provide the employees the opportunity to enroll in the health care plans under par. (a).
609.10 Note
(c) The employer shall provide the employees adequate notice of the opportunity to enroll in the health care plans under par. (a) and shall provide the employees complete and understandable information concerning the differences between the health maintenance organization or preferred provider plan and the standard plan.
609.10(2)
(2) If, after providing an opportunity to enroll under
sub. (1) (b) and the notice and information under
sub. (1) (c), fewer than 25 employees indicate that they wish to enroll in the standard plan under
sub. (1) (am), the employer need not offer the standard plan on that occasion.
609.10(3)
(3) Subsection (1) does not apply to an employer that does any of the following:
609.10(3)(b)
(b) Offers its employees a health maintenance organization or a preferred provider plan only through an insurer that is a cooperative association organized under
ss. 185.981 to
185.985 or only through an insurer that is restricted under
s. 609.03 (3).
Effective date note
NOTE: Sub. (3) is shown as affected eff. 4-1-01 by
1999 Wis. Act 9. Prior to 4-1-01 it reads:
Effective date text
(3) Subsection (1) does not apply to an employer that employs fewer than 25 full-time employees.
609.10(4)
(4) Nothing in
sub. (1) requires an employer to offer a particular health care plan to an employee if the health care plan determines that the employee does not meet reasonable medical underwriting standards of the health care plan.
609.10(5)
(5) The commissioner may establish by rule standards in addition to those established under
s. 609.20 for what constitutes adequate notice and complete and understandable information under
sub. (1) (c).
609.10(6)
(6) The commissioner shall promulgate rules necessary for the administration of the requirement to offer point-of-service option plans under
sub. (1) (am).
609.17
609.17
Reports of disciplinary action. Every limited service health organization, preferred provider plan and managed care plan shall notify the medical examining board or appropriate affiliated credentialing board attached to the medical examining board of any disciplinary action taken against a participating provider who holds a license or certificate granted by the board or affiliated credentialing board.
609.20
609.20
Rules for preferred provider and managed care plans. The commissioner shall promulgate rules relating to preferred provider plans and managed care plans for all of the following purposes:
609.20(1)
(1) To ensure that enrollees are not forced to travel excessive distances to receive health care services.
609.20(2)
(2) To ensure that the continuity of patient care for enrollees meets the requirements under
s. 609.24.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 4-1-01 by
1999 Wis. Act 9. Prior to 4-1-01 it reads:
Effective date text
(3) To define substantially equivalent coverage of health care expenses for purposes of s. 609.10 (1) (a).
609.20(4)
(4) To ensure that employees offered a health maintenance organization or a preferred provider plan that provides comprehensive services under
s. 609.10 (1) (am) are given adequate notice of the opportunity to enroll, as well as complete and understandable information under
s. 609.10 (1) (c) concerning the differences among the health maintenance organization or preferred provider plan, the standard plan and the point-of-service option plan, as defined in
s. 609.10 (1) (ac), including differences among providers available and differences resulting from special limitations or requirements imposed by an institutional provider because of its affiliation with a religious organization.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 4-1-01 by
1999 Wis. Act 9. Prior to 4-1-01 it reads:
Effective date text
(4) To ensure that employees offered a health maintenance organization or a preferred provider plan that provides comprehensive services under s. 609.10 (1) (a) are given adequate notice of the opportunity to enroll, as well as complete and understandable information under s. 609.10 (1) (c) concerning the differences between the health maintenance organization or preferred provider plan and the standard plan, including differences between providers available and differences resulting from special limitations or requirements imposed by an institutional provider because of its affiliation with a religious organization.
609.22
609.22
Access standards. 609.22(1)(1)
Providers. A managed care plan shall include a sufficient number, and sufficient types, of providers to meet the anticipated needs of its enrollees, with respect to covered benefits.
609.22(2)
(2) Adequate choice. A managed care plan shall ensure that, with respect to covered benefits, each enrollee has adequate choice among participating providers and that the providers are accessible and qualified.
609.22(3)
(3) Primary provider selection. A managed care plan shall permit each enrollee to select his or her own primary provider from a list of participating primary care physicians and any other participating providers that are authorized by the managed care plan to serve as primary providers. The list shall be updated on an ongoing basis and shall include a sufficient number of primary care physicians and any other participating providers authorized by the plan to serve as primary providers who are accepting new enrollees.
609.22(4)(a)1.1. If a managed care plan requires a referral to a specialist for coverage of specialist services, the managed care plan shall establish a procedure by which an enrollee may apply for a standing referral to a specialist. The procedure must specify the criteria and conditions that must be met in order for an enrollee to obtain a standing referral.
609.22(4)(a)2.
2. A managed care plan may require the enrollee's primary provider to remain responsible for coordinating the care of an enrollee who receives a standing referral to a specialist. A managed care plan may restrict the specialist from making any secondary referrals without prior approval by the enrollee's primary provider. If an enrollee requests primary care services from a specialist to whom the enrollee has a standing referral, the specialist, in agreement with the enrollee and the enrollee's primary provider, may provide primary care services to the enrollee in accordance with procedures established by the managed care plan.
609.22(4)(a)3.
3. A managed care plan must include information regarding referral procedures in policies or certificates provided to enrollees and must provide such information to an enrollee or prospective enrollee upon request.
609.22(4m)
(4m) Obstetric and gynecologic services. 609.22(4m)(a)(a) A managed care plan that provides coverage of obstetric or gynecologic services may not require a female enrollee of the managed care plan to obtain a referral for covered obstetric or gynecologic benefits provided by a participating provider who is a physician licensed under
ch. 448 and who specializes in obstetrics and gynecology, regardless of whether the participating provider is the enrollee's primary provider. Notwithstanding
sub. (4), the managed care plan may not require the enrollee to obtain a standing referral under the procedure established under
sub. (4) (a) for covered obstetric or gynecologic benefits.
609.22(4m)(b)
(b) A managed care plan under
par. (a) may not do any of the following:
609.22(4m)(b)1.
1. Penalize or restrict the coverage of a female enrollee on account of her having obtained obstetric or gynecologic services in the manner provided under
par. (a).
609.22(4m)(b)2.
2. Penalize or restrict the contract of a participating provider on account of his or her having provided obstetric or gynecologic services in the manner provided under
par. (a).
609.22(4m)(c)
(c) A managed care plan under
par. (a) shall provide written notice of the requirement under
par. (a) in every policy or group certificate issued by the managed care plan.
609.22(5)
(5) Second opinions. A managed care plan shall provide an enrollee with coverage for a 2nd opinion from another participating provider.
609.22(6)
(6) Emergency care. Notwithstanding
s. 632.85, if a managed care plan provides coverage of emergency services, with respect to covered benefits, the managed care plan shall do all of the following:
609.22(6)(a)
(a) Cover emergency medical services for which coverage is provided under the plan and that are obtained without prior authorization for the treatment of an emergency medical condition.
609.22(6)(b)
(b) Cover emergency medical services or urgent care for which coverage is provided under the plan and that is provided to an individual who has coverage under the plan as a dependent child and who is a full-time student attending school outside of the geographic service area of the plan.
609.22(7)
(7) Telephone access. A managed care plan shall provide telephone access for sufficient time during business and evening hours to ensure that enrollees have adequate access to routine health care services for which coverage is provided under the plan. A managed care plan shall provide 24-hour telephone access to the plan or to a participating provider for emergency care, or authorization for care, for which coverage is provided under the plan.
609.22(8)
(8) Access plan for certain enrollees. A managed care plan shall develop an access plan to meet the needs, with respect to covered benefits, of its enrollees who are members of underserved populations. If a significant number of enrollees of the plan customarily use languages other than English, the managed care plan shall provide access to translation services fluent in those languages to the greatest extent possible.
609.22 History
History: 1997 a. 237;
1999 a. 9.
609.24
609.24
Continuity of care. 609.24(1)(a)(a) Subject to
pars. (b) and
(c) and except as provided in
par. (d), a managed care plan shall, with respect to covered benefits, provide coverage to an enrollee for the services of a provider, regardless of whether the provider is a participating provider at the time the services are provided, if the managed care plan represented that the provider was, or would be, a participating provider in marketing materials that were provided or available to the enrollee at any of the following times:
609.24(1)(a)1.
1. If the plan under which the enrollee has coverage has an open enrollment period, the most recent open enrollment period.
609.24(1)(a)2.
2. If the plan under which the enrollee has coverage has no open enrollment period, the time of the enrollee's enrollment or most recent coverage renewal, whichever is later.
609.24(1)(b)
(b) Except as provided in
par. (d), a managed care plan shall provide the coverage required under
par. (a) with respect to the services of a provider who is a primary care physician for the following period of time:
609.24(1)(b)1.
1. For an enrollee of a plan with no open enrollment period, until the end of the current plan year.
609.24(1)(b)2.
2. For an enrollee of a plan with an open enrollment period, until the end of the plan year for which it was represented that the provider was, or would be, a participating provider.
609.24(1)(c)
(c) Except as provided in
par. (d), if an enrollee is undergoing a course of treatment with a participating provider who is not a primary care physician and whose participation with the plan terminates, the managed care plan shall provide the coverage under
par. (a) with respect to the services of the provider for the following period of time:
609.24(1)(c)1.
1. Except as provided in
subd. 2., for the remainder of the course of treatment or for 90 days after the provider's participation with the plan terminates, whichever is shorter, except that the coverage is not required to extend beyond the period specified in
par. (b) 1. or
2., whichever applies.
609.24(1)(c)2.
2. If maternity care is the course of treatment and the enrollee is a woman who is in the 2nd or 3rd trimester of pregnancy when the provider's participation with the plan terminates, until the completion of postpartum care for the woman and infant.
609.24(1)(d)
(d) The coverage required under this section need not be provided or may be discontinued if any of the following applies:
609.24(1)(d)1.
1. The provider no longer practices in the managed care plan's geographic service area.
609.24(1)(d)2.
2. The insurer issuing the managed care plan terminates or terminated the provider's contract for misconduct on the part of the provider.
609.24(1)(e)1.1. An insurer issuing a managed care plan shall include in its provider contracts provisions addressing reimbursement to providers for services rendered under this section.
609.24(1)(e)2.
2. If a contract between a managed care plan and a provider does not address reimbursement for services rendered under this section, the insurer shall reimburse the provider according to the most recent contracted rate.
609.24(2)
(2) Medical necessity provisions. This section does not preclude the application of any provisions related to medical necessity that are generally applicable under the plan.
609.24(3)
(3) Hold harmless requirements. A provider that receives or is due reimbursement for services provided to an enrollee under this section is subject to
s. 609.91 with respect to the enrollee, regardless of whether the provider is a participating provider in the enrollee's plan and regardless of whether the enrollee's plan is a health maintenance organization.
609.24 History
History: 1997 a. 237.
609.30
609.30
Provider disclosures. 609.30(1)
(1)
Plan may not contract. A managed care plan may not contract with a participating provider to limit the provider's disclosure of information, to or on behalf of an enrollee, about the enrollee's medical condition or treatment options.
609.30(2)
(2) Plan may not penalize or terminate. A participating provider may discuss, with or on behalf of an enrollee, all treatment options and any other information that the provider determines to be in the best interest of the enrollee. A managed care plan may not penalize or terminate the contract of a participating provider because the provider makes referrals to other participating providers or discusses medically necessary or appropriate care with or on behalf of an enrollee.
609.30 History
History: 1997 a. 237.
609.32
609.32
Quality assurance. 609.32(1)(1)
Standards. A managed care plan shall develop comprehensive quality assurance standards that are adequate to identify, evaluate and remedy problems related to access to, and continuity and quality of, care. The standards shall include at least all of the following:
