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2021 - 2022 LEGISLATURE
March 9, 2022 - Introduced by Senators Agard, Larson, L. Taylor, Ringhand and
Smith, cosponsored by Representatives Pope, Anderson, Hebl, Shelton,
Spreitzer, Conley, Hesselbein, Andraca, Subeck, Baldeh, Stubbs, Sinicki
and S. Rodriguez. Referred to Committee on Insurance, Licensing and
Forestry.
SB1072,1,3 1An Act to create 609.803 and 632.895 (13m) of the statutes; relating to:
2coverage of tests for sexually-transmitted diseases by health policies and
3plans.
Analysis by the Legislative Reference Bureau
This bill requires health insurance policies and self-insured governmental
health plans to cover home test kits for sexually transmitted diseases, including any
laboratory costs for processing the kits. Under the bill, a home test kit must be a test
recommended by the federal Centers for Disease Control and Prevention guidelines
or the U.S. Preventive Services Task Force must have been given a waiver of a
specific federal law, approved or cleared by the federal Food and Drug
Administration, or is developed by a laboratory in accordance with established
regulations and quality standards. The policies and plans are required to cover the
home test kit if the use of the kit is determined to be medically necessary or
appropriate and is ordered by a health care provider or furnished through a standing
order. Health insurance policies are known in the bill as disability insurance
policies.
This proposal may contain a health insurance mandate requiring a social and
financial impact report under s. 601.423, stats.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1072,1
1Section 1. 609.803 of the statutes is created to read:
SB1072,2,3 2609.803 Coverage of sexually transmitted disease testing. Preferred
3provider plans and defined network plans are subject to s. 632.895 (13m).
SB1072,2 4Section 2. 632.895 (13m) of the statutes is created to read:
SB1072,2,85 632.895 (13m) Sexually transmitted disease tests. (a) In this subsection,
6“home test kit” means a product used as a test recommended by the federal centers
7for disease control and prevention guidelines or the U.S. preventive services task
8force and that satisfies all of the following:
SB1072,2,109 1. The product allows individuals to self-collect specimens for sexually
10transmitted diseases, including HIV, outside of a clinical setting.
SB1072,2,1411 2. The product has been given a waiver of the federal clinical laboratory
12improvement amendments, is approved or cleared by the federal food and drug
13administration, or is developed by a laboratory in accordance with established
14regulations and quality standards.
SB1072,2,1915 (b) Every disability insurance policy, and every self-insured health plan of the
16state, or a county, city, village, town, or school district, that provides coverage of
17primary care or preventive services shall provide coverage of a home test kit for
18sexually transmitted diseases, including any laboratory costs of processing the home
19test kit, if the home test kit meets all of the following criteria:
SB1072,2,2120 1. The use of the home test kit is determined to be medically necessary or
21appropriate.
SB1072,2,2422 2. The home test kit is ordered directly by a health care provider or furnished
23through a standing order for patient use based on clinical guidelines and individual
24patient needs.
SB1072,3 25Section 3 . Initial applicability.
SB1072,3,3
1(1) For policies and plans containing provisions inconsistent with this act, the
2act first applies to policy or plan years beginning on January 1 of the year following
3the year in which this subsection takes effect, except as provided in sub. (2).
SB1072,3,84 (2) For policies and plans that are affected by a collective bargaining agreement
5containing provisions inconsistent with this act, this act first applies to policy or plan
6years beginning on the effective date of this subsection or on the day on which the
7collective bargaining agreement is newly established, extended, modified, or
8renewed, whichever is later.
SB1072,3,99 (End)
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