Ins 17.28(6e)(a) (a) The fund shall calculate the total amount of fees for all medical college of Wisconsin affiliated hospitals, inc., and UW hospital and clinics, residents on a full-time-equivalent basis, taking into consideration the proportion of time spent by the residents in practice which is not covered by the fund, including practice in federal, state, county and municipal facilities, as determined and documented by the medical college of Wisconsin affiliated hospitals, inc., and UW hospital and clinics, respectively.

Ins 17.28(6e)(b) (b) Notwithstanding sub. (4) (h), the fund’s initial bill for each fiscal year shall be the amount the medical college of Wisconsin affiliated hospitals, inc., estimates will be due for the next fiscal year for all its residents. At the end of the fiscal year, the fund shall adjust the fee to reflect the residents’ actual exposure during the fiscal year, as determined by the medical college of Wisconsin affiliated hospitals, inc., and shall bill the medical college of Wisconsin affiliated hospitals, inc., for the balance due, if any, plus accrued interest, as calculated under sub. (4) (j) 2., from the beginning of the fiscal year. The fund shall refund the amount of an overpayment, if any.

Ins 17.28(6m) (6m) Reporting.

Ins 17.28(6m)(a) (a) The fund may require any provider to report, at the times and in the manner prescribed by the fund, any information necessary for the determination of a fee specified under sub. (6).

Ins 17.28(6m)(b) (b) For purposes of sub. (6) (k) to (m), a partnership or corporation shall report the number of partners, shareholders and employed physicians and nurse anesthetists on July 1 of the previous fiscal year.

Ins 17.28(6s) (6s) Surcharge.

Ins 17.28(6s)(a) (a) This subsection implements s. 655.27 (3) (bg) 1., Stats., requiring the establishment of an automatic increase in a provider’s fund fee based on loss and expense experience.

Ins 17.28(6s)(b) (b) In this subsection:

Ins 17.28(6s)(b)1. 1. “Aggregate indemnity” has the meaning given under s. Ins 17.285 (2) (a).

Ins 17.28(6s)(b)2. 2. “Closed claim” has the meaning given under s. Ins 17.285 (2) (b).

Ins 17.28(6s)(b)3. 3. “Provider” has the meaning given under s. Ins 17.285 (2) (d).

Ins 17.28(6s)(b)4. 4. “Review period” has the meaning given under s. Ins 17.285 (2) (e).

Ins 17.28(6s)(c) (c) The following tables shall be used in making the determinations required under s. Ins 17.285 as to the percentage increase in a provider’s fund fee:

Ins 17.28(6s)(c)1. 1. For a class 1 physician or a nurse anesthetist:

- See PDF for table

Ins 17.28(6s)(c)2. 2. For a class 2 physician:

- See PDF for table

Ins 17.28(6s)(c)3. 3. For a class 3 physician:

- See PDF for table

Ins 17.28(6s)(c)4. 4. For a class 4 physician:

- See PDF for table

Ins 17.28 Note Note: For a complete history of s. Ins 17.28 from June 1980 through August 31, 2000, see the History note following s. Ins 17.28 published in Register August 2000 No. 536.

Ins 17.28 History History: Cr. Register, June, 1980, No. 294, emerg. r. and recr. (6) and am. (6a), eff. 7-1-00; r. and recr. (6) and am. (6a), Register, August, 2000, No. 536, eff. 9-1-00; emerg. r. and recr. (6) and am. (6a), eff. 7-1-01; CR 01-035: r. and recr. (6) and am. (6a), Register September 2001 No. 549, eff. 10-1-01; emerg. r. and recr. (6), r. (6a), eff. 7-1-02; CR 02-035: r. and recr. (6), r. (6a), Register September 2002 No. 561, eff. 10-1-02; CR 03-039: r. and recr. (6) Register October 2003 No. 574, eff. 11-1-03; CR 04-032: r. and recr. (6) Register January 2005 No. 589, eff. 2-1-05; emerg. r. and recr. (6), eff. 7-1-05; CR 05-028: r. and recr. (6) Register October 2005 No. 598, eff. 11-1-05; CR 06-002: am. (3) (c) 1. and 2. and r. and recr. (6) Register June 2006 No. 606, eff. 7-1-06; CR 07-002: am. (6), Register June 2007 No. 618, eff. 7-1-07; CR 07-002: am. (6e), Register June 2007 No. 618, eff. 7-1-07; CR 08-006: am. (6) (intro.), (k) 2., (L) 2., (m) 2., (n) 3. and (q) 2. Register June 2008 No. 630, eff. 7-1-08; CR 09-004: am. (3) (c), r. and recr. (6) Register June 2009 No. 642, eff. 7-1-09; correction in (6) (o) made under s. 13.92 (4) (b) 7., Stats., Register June 2009 No. 642; CR 09-055: cr. (3h) Register March 2010 No. 651, eff. 4-1-10; EmR1020: emerg. r. and recr. eff. 6-15-10; CR 10-065: r. and recr. Register November 2010 No. 659, eff. 12-1-10; correction in (6) (o) made under s. 13.92 (4) (b) 7., Stats., Register November 2010 No. 659; EmR1108: emerg. am. (3) (c), r. and recr. (6) eff. 6-10-11; CR 11-015: am. (3) (c), r. and recr. (6) and Register August 2011 No. 668, eff. 9-1-11; EmR1306: emerg. am. (3) (c) 1. to 3., r. and recr. (6), eff. 6-3-13; CR 13-044: am. (3) (c) 1. to 3., r. and recr. (6) Register June 2014 No. 702, eff. 7-1-14; CR 19-119 am. (3) (c) 1. to 3., (4) (f) Register July 2020 No. 775, eff. 8-1-20.

Ins 17.285 Ins 17.285 Peer review council.

Ins 17.285(1) (1) Purpose. This section implements ss. 619.04 (5) (b) and (5m) (b), 655.27 (3) (a) 2m. and (bg) 2. and 655.275, Stats.

Ins 17.285(2) (2) Definitions. In this section:

Ins 17.285(2)(a) (a) “Aggregate indemnity” means the total amount attributable to an individual provider that is paid or owing to or on behalf of claimants for all closed claims arising out of one incident or course of conduct, including amounts held by the fund under s. 655.015, Stats. “Aggregate indemnity” does not include any expenses paid in the defense of the claim.

Ins 17.285(2)(b) (b) “Closed claim” means a medical malpractice claim against a provider, or a claim against an employee of a health care provider for which the provider is vicariously liable, for which there has been either of the following:

Ins 17.285(2)(b)1. 1. A final determination based on a settlement, award or judgment that indemnity will be paid to or on behalf of a claimant.