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AB445,27,43 (h) Establish a system for enrolling eligible groups and individuals, using a
4standard application form developed by the commissioner under s. 636.46 (2).
AB445,27,65 (i) Establish procedures for collecting premiums and remitting premium
6payments and providing enrollment information to health carriers.
AB445,27,97 (j) Establish, in consultation with the commissioner, the method for
8determining the amount of the surcharge under s. 636.45 (1) and establish the
9procedure for imposing and collecting the surcharge.
AB445,27,1110 (k) Establish a plan for publicizing the exchange and the eligibility
11requirements and enrollment procedures.
AB445,27,1312 (L) Establish and operate a service center to provide information to small
13employers, individuals, enrollees, and insurance intermediaries about the exchange.
AB445,27,1514 (m) Establish a mechanism for regular communication and cooperation with
15insurance intermediaries.
AB445,27,1716 (n) Establish an independent and binding appeals process for resolving
17disputes over eligibility and other determinations made by the authority.
AB445,27,2218 (o) In accordance with section 1413 of the federal act, inform individuals of
19eligibility requirements for Medical Assistance under subch. IV of ch. 49 or any other
20applicable state or local public program and if, through screening of the application
21by the authority, the authority determines that any individual is eligible for any such
22program, assist that individual to enroll in that program.
AB445,28,223 (p) Establish and make available by electronic means a calculator to determine
24the actual cost of coverage after application of any premium tax credit under section

136B of the Internal Revenue Code and any cost-sharing reduction under section
21402 of the federal act.
AB445,28,63 (q) Establish a SHOP Exchange through which qualified employers may access
4health care coverage for their employees and that shall enable any qualified
5employer to specify the level of coverage at which its employees may enroll in any
6qualified health plan offered through the SHOP Exchange.
AB445,28,97 (r) Perform duties required of the authority by the secretary or the federal
8secretary of the treasury related to determining eligibility for premium tax credits,
9reduced cost sharing, or individual responsibility requirement exemptions.
AB445,28,1310 (s) Select entities, which may include insurance intermediaries, that are
11qualified to serve as navigators in accordance with section 1311 (i) of the federal act
12and standards developed by the secretary, and award grants to enable navigators to
13do all of the following:
AB445,28,1514 1. Conduct public education activities to raise awareness of the availability of
15qualified health plans.
AB445,28,1916 2. Distribute fair and impartial information concerning enrollment in qualified
17health plans and concerning the availability of premium tax credits under section
1836B of the Internal Revenue Code and cost-sharing reductions under section 1402
19of the federal act.
AB445,28,2020 3. Facilitate enrollment in qualified health plans.
AB445,28,2521 4. Provide referrals to any applicable office of health insurance consumer
22assistance or health insurance ombudsman established under 42 USC 300gg-93, or
23to any other appropriate state agency or agencies, for any enrollee with a grievance,
24complaint, or question regarding the enrollee's health benefit plan, coverage, or
25determination under that plan or coverage.
AB445,29,2
15. Provide information in a manner that is culturally and linguistically
2appropriate to the needs of the population being served by the exchange.
AB445,29,53 (t) Assist in the coordination of any necessary administrative operations
4between the department of corrections and the department of health services to
5ensure all of the following:
AB445,29,86 1. That an individual, upon placement in a correctional facility, is disenrolled
7for the duration of his or her incarceration from any health care coverage in which
8he or she is enrolled.
AB445,29,139 2. That an individual who is incarcerated in a correctional facility, but
10scheduled to be released from incarceration in the near future, is enrolled prior to
11release, through the exchange and effective upon the date of his or her release, in
12Medical Assistance, a qualified health plan, or some other form of minimum
13essential coverage on the date of his or her release from incarceration.
AB445,29,1914 (u) For those persons whose alcohol or other drug abuse or mental health
15treatment is not covered by a federally administered program, coordinate the
16relationships among the Medical Assistance program, the exchange, and the county
17departments under s. 51.42 or 51.437 to provide outpatient and inpatient mental
18health and alcohol or other drug abuse treatment with all of the following goals for
19the coordination:
AB445,29,2120 1. Maximizing coverage and improving access through the exchange for
21outpatient and inpatient treatment of mental illness and alcohol or other drug abuse.
AB445,29,2322 2. Improving the quality of treatment for persons with alcohol or other drug
23dependence or a mental illness.
AB445,29,2524 3. Fully integrating the treatment for physical conditions, alcohol or other drug
25abuse, and mental illness.
AB445,30,5
14. Reducing the cost of the county departments under ss. 51.42 and 51.437 to
2taxpayers by avoiding unnecessary overlap between the improved coverage of
3alcohol or other drug abuse treatment or mental illness treatment by health plans
4offered through the exchange and the services provided by county departments
5under s. 51.42 or 51.437.
AB445,30,86 (v) Review the rate of premium growth within the exchange and outside the
7exchange, and consider the information in developing recommendations on whether
8to continue limiting qualified employer status to small employers.
AB445,30,119 (w) Credit the amount of any free choice voucher to the monthly premium of
10the plan in which a qualified employee is enrolled, in accordance with section 10108
11of the federal act, and collect the amount credited from the offering employer.
AB445,30,1312 (x) Consult with stakeholders relevant to carrying out the activities required
13under this chapter, including any of the following:
AB445,30,1414 1. Educated health care consumers who are enrollees in qualified health plans.
AB445,30,1615 2. Individuals and entities with experience in facilitating enrollment in
16qualified health plans.
AB445,30,1717 3. Representatives of small businesses and self-employed individuals.
AB445,30,1818 4. The department of health services.
AB445,30,1919 5. Advocates for enrolling hard-to-reach populations.
AB445,30,2020 (y) Meet all of the following financial integrity requirements:
AB445,30,2321 1. Keep an accurate accounting of all activities, receipts, and expenditures and
22annually submit to the secretary, the governor, the commissioner, and the legislature
23a report concerning such accountings.
AB445,31,224 2. Fully cooperate with any investigation conducted by the secretary under the
25secretary's authority under the federal act and allow the secretary, in coordination

1with the inspector general of the federal department of health and human services,
2to do all of the following:
AB445,31,33 a. Investigate the affairs of the authority.
AB445,31,44 b. Examine the properties and records of the authority.
AB445,31,65 c. Require periodic reports in relation to the activities undertaken by the
6authority.
AB445,31,137 3. In carrying out its activities under this chapter, not use any funds intended
8for the administrative and operational expenses of the authority for staff retreats,
9promotional giveaways, excessive executive compensation, or promotion of federal
10or state legislative or regulatory modifications, except that this subdivision does not
11prohibit the authority from advocating, as part of administering the exchange, for
12policies that the authority determines are in the best interest of the exchange or of
13individuals and employees receiving coverage through the exchange.
AB445,31,15 14(2) The authority may do all of the following relating to the exchange under s.
15636.25 (1):
AB445,31,1716 (a) Contract with a 3rd-party administrator for the provision of services on
17behalf of the exchange.
AB445,31,1818 (b) Establish risk adjustment mechanisms for the exchange.
AB445,31,1919 (c) Enter into agreements with or establish sub-exchanges.
AB445,31,2120 (d) Create any other exchange, or component of the exchange, that is provided
21for under federal law.
AB445,31,25 22(3) The authority shall seek grants to the fullest extent to which it is eligible,
23including amounts under section 1311 (a) (1) and (4) of the federal act, or other
24funding from the federal or state government for which it may be eligible and from
25private foundations for the purpose of the exchange under s. 636.25 (1).
AB445,32,2
1636.42 Health benefit plan certification. (1) The authority may certify a
2health benefit plan as a qualified health plan if all of the following are true:
AB445,32,63 (a) The plan provides the essential health benefits package described in section
41302 (a) of the federal act, except that the plan is not required to provide essential
5benefits that duplicate the minimum benefits of qualified dental plans, as provided
6in sub. (5), if all of the following are satisfied:
AB445,32,87 1. The authority has determined that at least one qualified dental plan is
8available to supplement the plan's coverage.
AB445,32,139 2. The health carrier makes prominent disclosure at the time it offers the plan,
10in a form approved by the authority, that the plan does not provide the full range of
11essential pediatric benefits and that qualified dental plans providing those benefits
12and other dental benefits not covered by the plan are offered through the exchange
13under s. 636.25 (1).
AB445,32,1514 (b) The premium rates and contract language have been filed with and not
15disapproved by the commissioner.
AB445,32,1916 (c) The plan provides at least a bronze level of coverage, as determined under
17s. 636.30 (1) (e), unless the plan is certified as a qualified catastrophic plan, meets
18the requirements of the federal act for catastrophic plans, and will only be offered to
19individuals eligible for catastrophic coverage.
AB445,32,2320 (d) The plan's cost-sharing requirements do not exceed the limits established
21under section 1302 (c) (1) of the federal act and, if the plan is offered through the
22SHOP Exchange, the plan's deductible does not exceed the limits established under
23section 1302 (c) (2) of the federal act.
AB445,32,2424 (e) The health carrier offering the plan satisfies all of the following:
AB445,33,2
11. Is licensed and in good standing to offer health insurance coverage in this
2state.
AB445,33,63 2. Offers at least one qualified health plan in the silver level and at least one
4qualified health plan in the gold level through each component of the exchange in
5which the health carrier participates. In this subdivision, “component" refers to the
6SHOP Exchange or the exchange under s. 636.25 for individual coverage.
AB445,33,97 3. Charges the same premium rate for each qualified health plan without
8regard to whether the plan is offered directly from the health carrier or through an
9insurance intermediary.
AB445,33,1110 4. Does not charge any cancellation fees or penalties in violation of s. 636.25
11(3).
AB445,33,1312 5. Complies with the regulations developed by the secretary under section 1311
13(d) of the federal act and such other requirements as the authority may establish.
AB445,33,1914 (f) The plan meets the requirements of certification as required by any rules
15promulgated under s. 636.46 (1) and by the secretary under section 1311 (c) of the
16federal act, including minimum standards in the areas of marketing practices,
17network adequacy, essential community providers in underserved areas,
18accreditation, quality improvement, uniform enrollment forms, and descriptions of
19coverage and information on quality measures for health benefit plan performance.
AB445,33,2220 (g) The authority determines that making the plan available through the
21exchange under s. 636.25 (1) is in the interest of qualified individuals and qualified
22employers in this state.
AB445,33,24 23(2) The authority shall not exclude a health benefit plan for any of the following
24reasons or in any of the following ways:
AB445,33,2525 (a) On the basis that the plan is a fee-for-service plan.
AB445,34,1
1(b) Through the imposition of premium price controls by the authority.
AB445,34,42 (c) On the basis that the plan provides treatments necessary to prevent
3patients' deaths in circumstances the authority determines are inappropriate or too
4costly.
AB445,34,6 5(3) The authority shall require each health carrier seeking certification of a
6health benefit plan as a qualified health plan to do all of the following:
AB445,34,127 (a) Submit a justification for any premium increase before implementation of
8that increase. The health carrier shall prominently post the information on its
9Internet site. The authority shall take this information, along with the information
10and the recommendations provided to the authority by the commissioner under 42
11USC 300gg-94
(b), into consideration when determining whether to allow the health
12carrier to make the plan available through the exchange under s. 636.25 (1).
AB445,34,1513 (b) 1. Make available to the public, in the format described in subd. 2., and
14submit to the authority, the secretary, and the commissioner, accurate and timely
15disclosure of all of the following:
AB445,34,1616 a. Claims payment policies and practices.
AB445,34,1717 b. Periodic financial disclosures.
AB445,34,1818 c. Data on enrollment.
AB445,34,1919 d. Data on disenrollment.
AB445,34,2020 e. Data on the number of claims that are denied.
AB445,34,2121 f. Data on rating practices.
AB445,34,2322 g. Information on cost sharing and payments with respect to any
23out-of-network coverage.
AB445,34,2424 h. Information on enrollee and participant rights under title I of the federal act.
AB445,34,2525 i. Other information as determined appropriate by the secretary.
AB445,35,2
12. The information required in subd. 1. shall be provided in plain language, as
2that term is defined in section 1311 (e) (3) (B) of the federal act.
AB445,35,93 (c) Permit individuals to learn, in a timely manner upon the request of the
4individual, the amount of cost sharing, including deductibles, copayments, and
5coinsurance, under the individual's plan or coverage that the individual would be
6responsible for paying with respect to the furnishing of a specific item or service by
7a participating provider. At a minimum, this information shall be made available
8to the individual through an Internet site and through other means for individuals
9without access to the Internet.
AB445,35,14 10(4) The authority may not exempt any health carrier seeking certification of
11a health benefit plan as a qualified health plan, regardless of the type or size of the
12health carrier, from state licensure or solvency requirements and shall apply the
13criteria of this section in a manner that assures equitable treatment of all health
14carriers participating in the exchange under s. 636.25 (1).
AB445,35,18 15(5) (a) The provisions of this chapter that are applicable to qualified health
16plans shall also apply to the extent relevant to qualified dental plans, except as
17modified in accordance with pars. (b), (c), and (d) or by regulations adopted by the
18authority.
AB445,35,2019 (b) The health carrier shall be licensed to offer dental coverage, but need not
20be licensed to offer other health benefits.
AB445,36,221 (c) The plan shall be limited to dental and oral health benefits, without
22substantially duplicating the benefits typically offered by health benefit plans
23without dental coverage, and shall include, at a minimum, the essential pediatric
24dental benefits prescribed by the secretary under section 1302 (b) (1) (J) of the federal

1act and such other dental benefits as the authority or the secretary may specify by
2regulation.
AB445,36,73 (d) Health carriers may jointly offer a comprehensive plan through the
4exchange under s. 636.25 (1) in which the dental benefits are provided by a health
5carrier through a qualified dental plan and the other benefits are provided by a
6health carrier through a qualified health plan, provided that the plans are priced
7separately and are also made available for purchase separately at the same price.
AB445,36,13 8636.43 Insurer requirements. (1) Any health carrier that is authorized to
9do business in this state in one or more lines of insurance that includes health
10insurance may offer health benefit plans through the exchange under s. 636.25 (1).
11After the exchange becomes operational, no health carrier may offer or issue a health
12benefit plan in this state to an individual or to a small employer except through the
13exchange.
AB445,36,16 14(2) For the purpose of determining premiums, a health carrier may pool
15together all individuals and employees who have coverage under all of the qualified
16health plans issued by the health carrier through the exchange under s. 636.25 (1).
AB445,36,20 17(3) A health carrier that offers qualified health plans through the exchange
18under s. 636.25 (1) shall establish a toll-free hotline for providing information to
19enrollees and other individuals and shall furnish such reasonable reports as the
20authority determines necessary for the administration of the exchange.
AB445,36,24 21(4) The authority may audit any health carrier that provides coverage under
22a qualified health plan through the exchange under s. 636.25 (1) for the purpose of
23ensuring that the health carrier is providing covered individuals with the benefits
24provided for under this subchapter in a manner that does all of the following:
AB445,36,2525 (a) Complies with the provisions of this chapter.
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