601.41(4)(a)2.
2. Remedial measures or restitution to enforce
s. 611.72 or
ch. 617, including seizure or sequestering of voting securities of an insurer owned directly or indirectly by a person who has acquired or who is proposing to acquire voting securities in violation of
s. 611.72 or
ch. 617.
601.41(4)(b)
(b) On request of any person who would be affected by an order under
par. (a), the commissioner may issue a declaratory order to clarify the person's rights or duties.
601.41(5)
(5) Informal hearings and public meetings. The commissioner may at any time hold informal hearings and public meetings, whether or not called hearings, for the purposes of investigation, the ascertainment of public sentiment, or informing the public. No effective rule or order may result from the hearing unless the requirements of
ch. 227 are satisfied.
601.41(6)
(6) Regulation of risk retention groups and risk purchasing groups. 601.41(6)(a)(a) The commissioner may by rule regulate the condition and conduct of risk retention groups and risk purchasing groups doing business in this state. The commissioner may by order prohibit a risk retention group or risk purchasing group from doing business in this state.
601.41(6)(b)
(b) The regulation of risk retention groups and risk purchasing groups under
ss. 601.72,
618.41,
618.415,
618.43,
628.02,
628.03 and
628.48 is in addition to any other provisions of
chs. 600 to
655 which apply to risk retention groups or risk purchasing groups and does not authorize a risk retention group or risk purchasing group to do an insurance business except as permitted under
chs. 600 to
655.
601.41(7)
(7) Information and technical assistance to employees and former employees who lose health care coverage. The commissioner shall provide to employees and former employees who lose health care coverage under a group health insurance plan or self-insured health plan information and technical assistance regarding all of the following:
601.41(7)(a)
(a) Any rights that the individuals may have under state or federal laws affecting health benefit plans, including laws that relate to portability or continuation coverage or conversion coverage under
s. 632.897.
601.41(7)(b)
(b) The availability of individual health benefit plans in the area in which the individual resides.
601.41(8)
(8) Uniform employee application form. 601.41(8)(b)
(b) In consultation with the life and disability advisory council established by the commissioner, the commissioner shall by rule develop a uniform employee application form that a small employer insurer must use when a small employer applies for coverage under a group health benefit plan offered by the small employer insurer. The commissioner shall revise the form at least every 2 years.
601.41(9)(b)
(b) If the federal government has not developed by July 1, 2003, a uniform claim processing form that must be used by all health care providers for submitting claims to insurers and by all insurers for processing claims submitted by health care providers, the commissioner shall develop, by December 31, 2003, a uniform claim processing form for that purpose.
601.41 Cross-reference
Cross Reference: See also
Ins, Wis. adm. code.
601.41 Annotation
Why process consumer complaints? A case study of the office of the commissioner of insurance of Wisconsin. Whitford, Kimball, 1974 WLR 639.
601.415
601.415
Miscellaneous duties. The duties listed in this section are in addition to other duties imposed under
chs. 600 to
655.Failure to list a specified power, duty or function of the commissioner in this section does not affect the validity of the power, duty or function.
601.415(1)
(1) Joint survey committee on retirement systems and retirement research committee. The commissioner or an experienced actuary in the office designated by the commissioner shall serve as a member of the joint survey committee on retirement systems under
s. 13.50 and the retirement research committee under
s. 13.51.
601.415(2)
(2) Group insurance board. The commissioner shall serve as a member of the group insurance board under
s. 15.165 (2).
601.415(3)
(3) Wisconsin retirement board. The commissioner or an experienced actuary in the office designated by the commissioner shall serve as a member of the Wisconsin retirement board under
s. 15.165 (3) (b).
601.415(5)
(5) Cooperation with department of administration. The commissioner shall cooperate with the department of administration in placing insurance under
s. 16.865 (4).
601.415(7)
(7) Determination of variable interest rate adjustments. The commissioner shall approve indexes for variable interest rate adjustments under
s. 138.055 (4) (c).
601.415(9)
(9) Consumer credit law. The commissioner shall cooperate with the division of banking in the administration of
ch. 424, shall determine the method for computation of refunds under
s. 424.205, shall approve forms, schedules of premium rates and charges under
s. 424.209 and shall issue rules or orders of compliance to insurers under
s. 424.602.
601.415(10)
(10) Petroleum product storage remedial action program rules. The commissioner shall promulgate the rules required under
s. 101.143 (1m).
601.415(11)
(11) Interstate insurance receivership commission. The commissioner or a designated representative shall serve as a member of the interstate insurance receivership commission under
ss. 14.83 and
601.59 (3).
601.415(12)
(12) Health insurance risk-sharing plan. The commissioner shall perform the duties specified to be performed by the commissioner in
ss. 149.13 and
149.144. The commissioner, or his or her designee, shall serve as a member of the board under
s. 149.15.
601.42
601.42
Reports and replies. 601.42(1g)(1g)
Reports. The commissioner may require any of the following from any person subject to regulation under
chs. 600 to
655:
601.42(1g)(a)
(a) Statements, reports, answers to questionnaires and other information, and evidence thereof, in whatever reasonable form the commissioner designates, and at such reasonable intervals as the commissioner chooses, or from time to time.
601.42(1g)(b)
(b) Full explanation of the programming of any data storage or communication system in use.
601.42(1g)(c)
(c) That information from any books, records, electronic data processing systems, computers or any other information storage system be made available to the commissioner at any reasonable time and in any reasonable manner.
601.42(1g)(d)
(d) Statements, reports, answers to questionnaires or other information, or reports, audits or certification from a certified public accountant or an actuary approved by the commissioner, relating to the extent liabilities of a health maintenance organization insurer are or will be liabilities for health care costs for which an enrollee or policyholder of the health maintenance organization is not liable to any person under
s. 609.91.
601.42(1r)
(1r) Reports by individual practice associations. The commissioner may by rule require that an individual practice association submit to the commissioner information reasonably necessary to determine the financial condition of the individual practice association. The information required under this subsection may include, but is not limited to, financial statements of the individual practice association, except the commissioner may not require members of the individual practice association or other health care providers who contract with the individual practice association to submit individual financial statements.
601.42(2)
(2) Forms. The commissioner may prescribe forms for the reports under
subs. (1g) and
(1r) and specify who shall execute or certify such reports. The forms for the reports required under
sub. (1g) shall be consistent, so far as practicable, with those prescribed by other jurisdictions.
601.42(3)
(3) Accounting methods. The commissioner may prescribe reasonable minimum standards and techniques of accounting and data handling to ensure that timely and reliable information will exist and will be available to the commissioner.
601.42(4)
(4) Replies. Any officer, manager or general agent of any insurer authorized to do or doing an insurance business in this state, any person controlling or having a contract under which the person has a right to control such an insurer, whether exclusively or otherwise, any person with executive authority over or in charge of any segment of such an insurer's affairs, any individual practice association or officer, director or manager of an individual practice association, any insurance agent or other person licensed under
chs. 600 to
646, any provider of services under a continuing care contract, as defined in
s. 647.01 (2), any independent review organization certified or recertified under
s. 632.835 (4) or any health care provider, as defined in
s. 655.001 (8), shall reply promptly in writing or in other designated form, to any written inquiry from the commissioner requesting a reply.
601.42(5)
(5) Verification. The commissioner may require that any communication made to the commissioner under this section be verified.
601.42(6)(a)(a) In the absence of actual malice, no communication to the commissioner required by law or by the commissioner shall subject the person making it to an action for damages for defamation. This paragraph applies to communications received by the commissioner before May 11, 1990, or on or after June 1, 1994.
601.42(6)(b)
(b) In the absence of actual malice, no communication to the commissioner or office required by law or by the commissioner shall subject the person making it to an action for damages for the communication. This paragraph applies to communications received by the commissioner or office on or after May 11, 1990, and before June 1, 1994.
601.42(7)
(7) Experts. The commissioner may employ experts to assist the commissioner in an examination or in the review of any transaction subject to approval under
chs. 600 to
646. The person that is the subject of the examination, or that is a party to a transaction under review, including the person acquiring, controlling or attempting to acquire the insurer, shall pay the reasonable costs incurred by the commissioner for the expert and related expenses.
601.42 Cross-reference
Cross-reference: See also s.
623.02 as to standards for accounting rules.
601.42 Cross-reference
Cross Reference: See also ss.
Ins 6.61,
6.62, and
6.63, Wis. adm. code.
601.422
601.422
Commercial liability insurance reports. 601.422(1)(1)
Requirement. Each insurer authorized to write commercial liability insurance shall file an annual commercial liability insurance report complying with this section with the commissioner on or before May 1 of each year.
601.422(2)
(2) Contents. The report filed under
sub. (1) shall contain the name of the insurer and all of the following information, for each category or type of commercial liability insurance designated by the commissioner by rule and offered by the insurer, for policies covering insureds located in this state for each group of policies with effective dates within a particular calendar year:
601.422(2)(a)
(a) The total dollar amount of premiums written and earned for primary coverage and for excess coverage.
601.422(2)(c)
(c) The amount of reserves established for each of the following:
601.422(2)(e)
(e) Net investment gain or loss and other income gain or loss allocated to each category or type, computed by the formula used in the annual insurance expenses exhibit for allocation among lines of business.
601.422(2)(f)
(f) The actual expenses attributable to each category or type, reported separately as loss adjustment expenses and all other expenses.
601.422(3)
(3) Other insurance excluded. If commercial liability insurance coverage includes any insurance other than commercial liability insurance delivered as a part of a package with commercial liability insurance, only information relating to the commercial liability insurance portion of the coverage shall be included in the report filed under
sub. (1).
601.422(4)
(4) Period of report. The report filed under
sub. (1) shall provide all required information updated as of the last day of the calendar year preceding the year in which the report is filed. The report shall include required information for policies with effective dates within calendar years beginning with calendar year 1988 and ending with the calendar year preceding the year in which the report is filed. Effective with filings in 1999, the report shall exclude required information for policies with effective dates within any calendar year commencing more than 10 years prior to January 1 of the year in which the report is filed.
601.422(5)
(5) Summary. The commissioner shall provide a summary of the information contained in the 2 most recent filings of reports under
sub. (1) in the biennial report to the governor and the legislature under
s. 15.04 (1) (d).
601.422(6)
(6) Rules, adjustments and exclusions. The commissioner may, by rule, establish the form of the report filed under
sub. (1), including the manner of reporting the elements of the report. The commissioner may, by rule, require reports to include information in addition to that specified in this section. The commissioner may adjust the reporting requirements for any insurer for which the requirements of this section are burdensome. The commissioner may determine that no report need be filed if the commercial liability insurance issued by an insurer is of such a small amount that its reporting would be burdensome to the insurer or would be of no statistical significance.
601.422(7)
(7) No liability or cause of action. There shall be no liability on the part of and no cause of action shall arise against an insurer or an insurer's agents or employees for reporting in good faith under this section, or against the commissioner or employees of the office for any good faith act or omission under this section.
601.422 History
History: 1987 a. 27.
601.423
601.423
Social and financial impact reports. 601.423(1)
(1)
Definition. In this section, "health insurance mandate" means a statute of this state which requires an insurance policy, plan or contract to do any of the following:
601.423(1)(a)
(a) Permit a person insured under the policy, plan or contract to obtain treatment or services from a particular type of health care provider, including, but not limited to, requiring a health maintenance organization, preferred provider plan, limited service health organization or other plan to select a particular type of health care provider for participation in the plan.
601.423(1)(b)
(b) Provide coverage for the treatment of a particular disease, condition or other health care need.
601.423(1)(c)
(c) Provide coverage of a particular type of health care treatment or service, or of equipment, supplies or drugs used in connection with a health care treatment or service.
601.423(1)(d)
(d) Provide coverage for particular persons because of their relation to the insured or legal status with respect to the insured, or for any other reason.
601.423(2)
(2) Preparation of report. The commissioner shall submit a report on the social and financial impact of any health insurance mandate, contained in any bill affecting an insurance policy, plan or contract, to the presiding officer of that house of the legislature in which the bill is introduced. At the discretion of the presiding officer, any such report may be printed and distributed as are amendments.
601.423(3)(a)(a)
Social impact factors. Any report prepared under
sub. (2) shall assess to the extent possible all of the following social impact factors which are relevant to the type of health insurance mandate created, expanded or continued by the bill:
601.423(3)(a)1.
1. The portion of this state's residents who use the treatments or services covered by the health insurance mandate.
601.423(3)(a)2.
2. The extent to which individuals under
subd. 1. use these treatments or services.
601.423(3)(a)3.
3. The availability of insurance coverage for these treatments or services.
601.423(3)(a)4.
4. The number of persons who would be eligible for coverage under the health insurance mandate, and the availability of insurance coverage for these persons without the health insurance mandate.
601.423(3)(b)
(b)
Financial impact factors. Any report prepared under
sub. (2) shall assess to the extent possible all of the following financial impact factors which are relevant to the type of health insurance mandate created, expanded or continued by the bill:
601.423(3)(b)1.
1. Whether the health insurance mandate may increase or decrease the costs of the treatments or services covered by the health insurance mandate.
601.423(3)(b)2.
2. Whether the health insurance mandate would increase the use of the treatments or services covered by the health insurance mandate.
601.423(3)(b)3.
3. Whether any increased use under
subd. 2. would substitute for more expensive treatments or services.
