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
The professional health care liability insurance policy for hospitals issued under the Health Care Liability Insurance Plan may include as "persons insured" the named hospital and its nonexcluded employes while acting within the scope of their duties as hospital employes. (Unpub.). 31-1975
Wisconsin Physicians Insurance
Commissioner of Insurance may not permit WPS, a nonprofit plan, to be organized into a stock insurance company under ch. 611, Stats. Sections 148.01(1), 148.01(3), 148.03, 148.03(1), 148.03(2), 200.26(4), 201.045, 204.31(3m), and 611.71-611.78, Stats., discussed. 63-48
INSURANCE, COMMISSIONER OF
City council
A city council of a city other than the first class does not have legal authority to obligate the city and authorize the use of city funds for payment of health insurance premiums on policies for the benefit of alderpersons and other elected officials, irrespective of their years of service, who have left office. 70-77
Counties
Liability of self-insured county performing state highway maintenance is not increased by virtue of maintenance contract with State. 69-137
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
Funeral directors and embalmers
Section 632.41(2), Stats., does not prohibit the naming of a funeral director as beneficiary of a life insurance policy in conjunction with a separate agreement between the insured and the funeral director that the proceeds will be used for funeral and burial expenses. 71-7
Judges
A county's obligation to continue life insurance for those judges who have exercised the sec. 753.07(4), Stats., option does not terminate when the county salary supplements end on July 1, 1980. 69-133
Rejected Risk Plan
The Wisconsin Auto Insurance Plan and Rejected Risk Plan do not constitute unconstitutional delegations of authority and are otherwise constitutional. The boards of these plans are private, independent, ongoing concerns, not state agencies, and members of these boards are not public officers. Questions regarding the plans and boards discussed. 71-127
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
Wisconsin Auto Insurance Plan
The Wisconsin Auto Insurance Plan and Rejected Risk Plan do not constitute unconstitutional delegations of authority and are otherwise constitutional. The boards of these plans are private, independent, ongoing concerns, not state agencies, and members of these boards are not public officers. Questions regarding the plans and boards discussed. 71-127
INTEREST
Commitment fees
Commitment fees which are bona fide in nature are not a part of interest under sec. 138.05, Stats., although across the board fees imposed without regard for the customer's need or desire for a bona fide commitment are unlikely to meet the lender's burden of showing that the fee represents the reasonable value of services rendered. 69-28
Lenders
Lenders need not comply with the provisions of sec. 138.053, Stats., unless the right to increase the interest rate subsequent to the execution of the contract is conferred by the contract itself. 70-32
Loan fees
Loan fees which relate to the amount borrowed rather than to identifiable expenses incurred as a result of the particular transaction must be considered as interest for purposes of ch. 138, Stats. These loan fees are to be amortized over the contract term of the loan to determine the actual rate and a subsequent voluntary prepayment will not render an otherwise legal rate usurious. These fees must be rebated in accordance with sec. 138.05(2), Stats., when the rate, including such fees, exceeds 10 percent. 65-67
Securities
Section 138.05(1)(a), Stats., operates to limit the interest rate which a securities broker-dealer may charge to a noncorporate customer under a margin account agreement; a choice-of-law provision in margin account agreement will have the effect of avoiding the applicability of sec. 138.05(1)(a), Stats., to interest charges made under the agreement if and only if the agreement bears "a reasonable relation" to the state of the chosen law. 64-11
Veterans
The interest to be set by the Board of Veterans Affairs on loans funded from prepayments on loans funded with general obligation bonds under sec. 45.79(4)(a), Stats., as amended by ch. 155, Laws of 1979, is the rate charged on loans under the most recent general obligation bond issue. (Unpub.). 26-1980
INTERSTATE COMMERCE
Discrimination
Section 36.29(1), Stats., which prohibits investment of University funds in companies which practice or condone discrimination is not an undue burden on interstate commerce, does not improperly interfere with foreign relations and is not impermissibly vague. 67-20
Permit fees
Motor carrier permit fees required by sec. 194.04(4)(a), (b), and (c), Stats., are not in conflict with Interstate Commerce Commission regulations and may be collected. The permit fee required by sec. 194.04(4)(d), Stats., is in conflict with such regulations and may not be collected. 63-206
INTERSTATE COMPACT ON MENTAL HEALTH
Costs of treatment
It would be inadvisable to treat individuals transported across state lines for emergency medical care differently than other individuals when determining whether emergency detention proceedings should be initiated pursuant to section 51.15, Stats. While section 51.15(7) does not authorize contractual agreements with counties outside of Wisconsin, sections 51.75(11), 51.87(3) and 66.30(5) each contain a legal mechanism through which financial or other responsibility for the care and treatment of individuals from such counties may be shared under certain specified circumstances. 78-59
INTOXICATING LIQUORS
