Property owners
Department cannot enact a rule which would alter the common law rights and duties of adjoining landowners with respect to lateral support. 62-287
Public records
Plans and specifications filed with DILHR under sec. 101.12, Stats., are public records under secs. 16.61 and 19.21, Stats., and are available for public inspection. 67-214
Unemployment compensation "interest and penalties" fund
The Department of Industry, Labor and Human Relations lost discretionary authority to make expenditures from the unemployment compensation "interest and penalties" fund when the Legislature reenacted sec. 20.445(1)(v), Stats., in 1977, but the Department remains responsible for collection of credit extended under the old law. A decision by the Department to discontinue collection efforts is subject to review by the Department of Administration, since it has been entrusted with authority under ch. 16, Stats., to superintend collection of amounts owed the State. (Unpub.). 49-1978
Wage claims
District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171
INEBRIATES AND DRUG ADDICTS
See also 51.42/51.437 BOARD
Disorderly conduct in treatment facility
Persons incapacitated by alcohol who engage in disorderly conduct in treatment facility may be so charged. Persons so incapacitated may not be charged with a crime merely for the purpose of arranging for their confinement in jail. 64-161
Hearings
Assuming individual is entitled to attorney at public expense in mental hearings required by sec. 51.02(1), Stats., power to appoint, to determine indigency and fix compensation are judicial and must be exercised by the court or under its direction and cannot be limited by the County Board or delegated to private nonprofit corporation. Any power of the County Board to contract for such services is limited to administrative details. 63-323
Minors
An outpatient treatment program for alcohol and other drug abuse which meets the standards contained in section PW-MH 61.03 Wis. Adm. Code, and has been formally approved by the Department of Health and Social Services may provide treatment and services to minor at least twelve years of age without obtaining the consent of minor's parent or guardian. 70-19
Except for those services for which parental consent is necessary under section 51.47(2), Stats., a physician or health care facility may release outpatient or detoxification services information only with the consent of the minor patient provided that the minor is twelve years of age or over. Wis. Admin. Code § HSS 92.06(2) (1986) and 42 C.F.R. § 2.14(b) (1987). 77-187
Patient records
Prior to releasing patient records in response to a warrant or subpoena, a federally funded or federally assisted drug treatment facility must first ascertain that the issuing court has made a finding of "good cause" within the meaning of 21 U.S.C. sec. 1175(b)(2)(C) in order to avoid the possibility of a fine under 21 U.S.C. sec. 1175(f). If there is no evidence that a finding of good cause has been made, no state criminal law is violated by refusing to release drug treatment records. 72-12
Sheriffs responsibilities
A sheriff may not refuse to book a person lawfully arrested and brought to the county jail by any state law enforcement agency, regardless of the medical condition of the arrestee, although he may require immediate medical screening pursuant to section 53.38, Stats. A sentencing court that imposes county jail time as a condition of probation may suspend that jail time while the probationer receives hospital care, and a sheriff and county department of human services may cooperate in the billing of medical care provided to county jail prisoners. 77-249
INHERITANCE TAX
See TAXATION, Inheritance
INSANE
Commitments
The responsibility for providing and funding facilities for protective placements under ch. 55, Stats., is primarily on the county. The statute does not require a county nursing home to accept such a placement. 66-249
State may require proof beyond a reasonable doubt in civil commitments although a lesser burden would be sufficient under the United States Constitution. 68-406
INSURANCE
Assessments subsidizing HIRSP
Mandatory assessment against "all insurers" which subsidizes Health Insurance Risk-Sharing Plan, subchapter II of chapter 619, Stats., does not apply to the state's self-insurance plan because laws of general application do not apply to the sovereign. "Public employer" self-insurance plans are also exempt because, for purposes of this statute, they share in the state's sovereignty and, thus, in its immunity to general laws. 77-230
Chronic renal disease program
Responsibility for administration of chronic renal disease program under sec. 49.48, Stats., discussed. (Unpub.). 10-1978
Commissioner of Insurance
The Commissioner of Insurance lacks the authority to regulate administrators of self-funded or self-insured employe benefit plans under section 3516r of 1991 Wisconsin Act 39 (the budget bill) since such regulation is preempted by ERISA and therefore precluded by section 633.16, Stats., as created by the bill. 80-290
Credit unions
Credit unions' authority to engage in the sale of insurance is limited to credit life and credit accident and sickness insurance. 73-58
Funeral directors
A plan whereby a funeral service person (a licensed funeral director, operator of a licensed funeral establishment or an employe of the same) also acts as an insurance agent and as such writes a life insurance policy naming as the beneficiary a funeral director or establishment and additionally negotiates a contract wherein the named insured in the policy contracts with a funeral director or establishment for providing burial or funeral services to the insured is illegal. 76-291
Funeral service persons may be involved in the sale of life insurance if such insurance is not linked in any way to funeral or burial services. 78-182
Governmental bodies, officers, agents, or employes
Where a licensing agency waives the insurance requirement under sec. 48.627(1)(a) and (b), Stats., it does not assume any liability beyond the limited recovery in tort claims under secs. 893.80(3) and 893.82(6). 76-1
Group Insurance Board
Section 632.895(5m), Stats., which requires that disability insurance policies must provide coverage for grandchildren of the insured, does not apply to group insurance contracts between health maintenance organizations and the group insurance board of the Department of Employe Trust Funds. Under sections 40.51(7) and 40.03(6)(a)2., the group insurance board may not establish a pool of municipal employers to provide health care benefits on a self-funded basis. 76-311
Health insurance
Section 20.927, Stats., relating to expenditure of state and local funds for performance of an abortion, does not apply to health insurance plans provided for state and local government employes by the Group Insurance Board. 1-1995
The amendment of section 40.05(4)(bc) by section 276 of 1991 Wisconsin Act 269, after issuance of OAG 7-92, renders such section not in violation of article IV, section 26 of the Wisconsin Constitution.
Changes to the state health insurance program embodied in sections 40.05(4)(bc) and 40.51(10m) are not in violation of the prohibition of article IV, section 26 of the Wisconsin Constitution, given the presumption of constitutionality and the lack of case law showing that all changes in benefits are subject to the prohibition. 81-28
Health Insurance Risk-Sharing Plan
Mandatory assessment against "all insurers" which subsidizes Health Insurance Risk-Sharing Plan, subchapter II of chapter 619, Stats., does not apply to the state's self-insurance plan because laws of general application do not apply to the sovereign. "Public employer" self-insurance plans are also exempt because, for purposes of this statute, they share in the state's sovereignty and, thus, in its immunity to general laws. 77-230
Rustproofing warranties
Wisconsin law authorizes but does not require the commissioner of insurance to demand periodic reports from an insurer relating to rustproofing warranties it insures. The commissioner has authority to require an insurer to increase the amount of insurance backing a rustproofer's warranties in Wisconsin. Section 100.205, Stats., was not intended to negate the application of general insurance law to rustproofing warranties. 78-113
Self-insured or self-funded employe benefit plans
The Commissioner of Insurance lacks the authority to regulate administrators of self-funded or self-insured employe benefit plans under section 3516r of 1991 Wisconsin Act 39 (the budget bill) since such regulation is preempted by ERISA and therefore precluded by section 633.16, Stats., as created by the bill. 80-290
State health insurance program
The amendment of section 40.05(4)(bc) by section 276 of 1991 Wisconsin Act 269, after issuance of OAG 7-92, renders such section not in violation of article IV, section 26 of the Wisconsin Constitution.
Changes to the state health insurance program embodied in sections 40.05(4)(bc) and 40.51(10m) are not in violation of the prohibition of article IV, section 26 of the Wisconsin Constitution, given the presumption of constitutionality and the lack of case law showing that all changes in benefits are subject to the prohibition. 81-28
Transplants For Life, Inc.
Transplants For Life, Inc., a plan which encourages members to donate organs for transplant and rewards members for such donations, does not constitute insurance under Wisconsin law. 68-245
Wisconsin Health Care Liability Insurance Plan
The Wisconsin Health Care Liability Insurance Plan is an agency, function or activity of the Wisconsin state government. (Unpub.). 27-1978
