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AB445,29 7Section 29. 16.765 (5) of the statutes is amended to read:
AB445,14,248 16.765 (5) The head of each contracting agency and the boards of directors of
9the University of Wisconsin Hospitals and Clinics Authority, the Fox River
10Navigational System Authority, the Wisconsin Aerospace Authority, the Badger
11Health Benefit Authority,
the Lower Fox River Remediation Authority, the
12Wisconsin Economic Development Corporation, and the Bradley Center Sports and
13Entertainment Corporation shall be primarily responsible for obtaining compliance
14by any contractor with the nondiscrimination and affirmative action provisions
15prescribed by this section, according to procedures recommended by the department.
16The department shall make recommendations to the contracting agencies and the
17boards of directors of the University of Wisconsin Hospitals and Clinics Authority,
18the Fox River Navigational System Authority, the Wisconsin Aerospace Authority,
19the Badger Health Benefit Authority, the Lower Fox River Remediation Authority,
20the Wisconsin Economic Development Corporation, and the Bradley Center Sports
21and Entertainment Corporation for improving and making more effective the
22nondiscrimination and affirmative action provisions of contracts. The department
23shall promulgate such rules as may be necessary for the performance of its functions
24under this section.
AB445,30 25Section 30. 16.765 (6) of the statutes is amended to read:
AB445,15,9
116.765 (6) The department may receive complaints of alleged violations of the
2nondiscrimination provisions of such contracts. The department shall investigate
3and determine whether a violation of this section has occurred. The department may
4delegate this authority to the contracting agency, the University of Wisconsin
5Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
6Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox
7River Remediation Authority, the Wisconsin Economic Development Corporation, or
8the Bradley Center Sports and Entertainment Corporation for processing in
9accordance with the department's procedures.
AB445,31 10Section 31. 16.765 (7) (intro.) of the statutes is amended to read:
AB445,15,2111 16.765 (7) (intro.) When a violation of this section has been determined by the
12department, the contracting agency, the University of Wisconsin Hospitals and
13Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
14Aerospace Authority, the Badger Health Benefit Authority, the Lower Fox River
15Remediation Authority, the Wisconsin Economic Development Corporation, or the
16Bradley Center Sports and Entertainment Corporation, the contracting agency, the
17University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational
18System Authority, the Wisconsin Aerospace Authority, the Badger Health Benefit
19Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
20Development Corporation, or the Bradley Center Sports and Entertainment
21Corporation shall:
AB445,32 22Section 32. 16.765 (7) (d) of the statutes is amended to read:
AB445,16,423 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
24further violations of this section and to report its corrective action to the contracting
25agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River

1Navigational System Authority, the Wisconsin Aerospace Authority, the Badger
2Health Benefit Authority,
the Lower Fox River Remediation Authority, the
3Wisconsin Economic Development Corporation, or the Bradley Center Sports and
4Entertainment Corporation.
AB445,33 5Section 33. 16.765 (8) of the statutes is amended to read:
AB445,16,236 16.765 (8) If further violations of this section are committed during the term
7of the contract, the contracting agency, the Fox River Navigational System Authority,
8the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower
9Fox River Remediation Authority, the Wisconsin Economic Development
10Corporation, or the Bradley Center Sports and Entertainment Corporation may
11permit the violating party to complete the contract, after complying with this section,
12but thereafter the contracting agency, the Fox River Navigational System Authority,
13the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower
14Fox River Remediation Authority, the Wisconsin Economic Development
15Corporation, or the Bradley Center Sports and Entertainment Corporation shall
16request the department to place the name of the party on the ineligible list for state
17contracts, or the contracting agency, the Fox River Navigational System Authority,
18the Wisconsin Aerospace Authority, the Badger Health Benefit Authority, the Lower
19Fox River Remediation Authority, the Wisconsin Economic Development
20Corporation, or the Bradley Center Sports and Entertainment Corporation may
21terminate the contract without liability for the uncompleted portion or any materials
22or services purchased or paid for by the contracting party for use in completing the
23contract.
AB445,34 24Section 34. 16.85 (2) of the statutes is amended to read:
AB445,17,10
116.85 (2) To furnish engineering, architectural, project management, and other
2building construction services whenever requisitions therefor are presented to the
3department by any agency. The department may deposit moneys received from the
4provision of these services in the account under s. 20.505 (1) (kc) or in the general
5fund as general purpose revenue — earned. In this subsection, “agency" means an
6office, department, independent agency, institution of higher education, association,
7society, or other body in state government created or authorized to be created by the
8constitution or any law, which is entitled to expend moneys appropriated by law,
9including the legislature and the courts, but not including an authority created in
10subch. II of ch. 114 or subch. III of ch. 636 or in ch. 231, 233, 234, 237, 238, or 279.
AB445,35 11Section 35. 16.865 (8) of the statutes is amended to read:
AB445,18,212 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a
13proportionate share of the estimated costs attributable to programs administered by
14the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
15may charge premiums to agencies to finance costs under this subsection and pay the
16costs from the appropriation on an actual basis. The department shall deposit all
17collections under this subsection in the appropriation account under s. 20.505 (2) (k).
18Costs assessed under this subsection may include judgments, investigative and
19adjustment fees, data processing and staff support costs, program administration
20costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
21subsection, “agency" means an office, department, independent agency, institution
22of higher education, association, society, or other body in state government created
23or authorized to be created by the constitution or any law, that is entitled to expend
24moneys appropriated by law, including the legislature and the courts, but not

1including an authority created in subch. II of ch. 114 or subch. III of ch. 636 or in ch.
2231, 232, 233, 234, 237, 238, or 279.
AB445,36 3Section 36. 25.50 (1) (d) of the statutes is amended to read:
AB445,18,134 25.50 (1) (d) “Local government" means any county, town, village, city, power
5district, sewerage district, drainage district, town sanitary district, public inland
6lake protection and rehabilitation district, local professional baseball park district
7created under subch. III of ch. 229, long-term care district under s. 46.2895, local
8professional football stadium district created under subch. IV of ch. 229, local
9cultural arts district created under subch. V of ch. 229, public library system, school
10district or technical college district in this state, any commission, committee, board
11or officer of any governmental subdivision of this state, any court of this state, other
12than the court of appeals or the supreme court, or any authority created under s.
13114.61, 231.02, 233.02, or 234.02, or 636.70.
AB445,37 14Section 37. 40.02 (54) (n) of the statutes is created to read:
AB445,18,1515 40.02 (54) (n) The Badger Health Benefit Authority.
AB445,38 16Section 38. 49.45 (2) (a) 3. of the statutes is amended to read:
AB445,18,2117 49.45 (2) (a) 3. Determine Subject to s. 636.30 (1) (o), determine the eligibility
18of persons for medical assistance, rehabilitative, and social services under ss. 49.46,
1949.468, 49.47, and 49.471 and rules and policies adopted by the department and may,
20under a contract under s. 49.78 (2), delegate all, or any portion, of this function to the
21county department under s. 46.215, 46.22, or 46.23 or a tribal governing body.
AB445,39 22Section 39. 70.11 (41c) of the statutes is created to read:
AB445,18,2523 70.11 (41c) Badger Health Benefit Authority. All property owned by the
24Badger Health Benefit Authority, provided that the use of the property is primarily
25related to the purposes of the authority.
AB445,40
1Section 40. 71.26 (1) (be) of the statutes is amended to read:
AB445,19,52 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin
3Hospitals and Clinics Authority, of the Badger Health Benefit Authority, of the Fox
4River Navigational System Authority, of the Wisconsin Economic Development
5Corporation, and of the Wisconsin Aerospace Authority.
AB445,41 6Section 41. 77.54 (9a) (a) of the statutes is amended to read:
AB445,19,107 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
8Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Badger
9Health Benefit Authority,
the Wisconsin Economic Development Corporation, and
10the Fox River Navigational System Authority.
AB445,42 11Section 42. 101.055 (2) (a) of the statutes is amended to read:
AB445,19,1512 101.055 (2) (a) “Agency" means an office, department, independent agency,
13authority, institution, association, society, or other body in state government created
14or authorized to be created by the constitution or any law, and includes the
15legislature and the courts, but excludes the Badger Health Benefit Authority.
AB445,43 16Section 43. 230.03 (3) of the statutes is amended to read:
AB445,20,217 230.03 (3) “Agency" means any board, commission, committee, council, or
18department in state government or a unit thereof created by the constitution or
19statutes if such board, commission, committee, council, department, unit, or the
20head thereof, is authorized to appoint subordinate staff by the constitution or
21statute, except the Board of Regents of the University of Wisconsin System, a
22legislative or judicial board, commission, committee, council, department, or unit
23thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 636 or
24under ch. 231, 232, 233, 234, 237, 238, or 279. “Agency" does not mean any local unit

1of government or body within one or more local units of government that is created
2by law or by action of one or more local units of government.
AB445,44 3Section 44. 230.80 (4) of the statutes is amended to read:
AB445,20,104 230.80 (4) “Governmental unit" means any association, authority, board,
5commission, department, independent agency, institution, office, society, or other
6body in state government created or authorized to be created by the constitution or
7any law, including the legislature, the office of the governor, and the courts, but
8excluding the Badger Health Benefit Authority
. “Governmental unit" does not mean
9any political subdivision of the state or body within one or more political subdivisions
10that is created by law or by action of one or more political subdivisions.
AB445,45 11Section 45. 230.90 (1) (c) of the statutes is amended to read:
AB445,20,1912 230.90 (1) (c) “Governmental unit" means any association, authority, board,
13commission, department, independent agency, institution, office, society or other
14body in state government created or authorized to be created by the constitution or
15any law, including the legislature, the office of the governor and the courts.
16“Governmental unit" does not mean the University of Wisconsin Hospitals and
17Clinics Authority, the Badger Health Benefit Authority, or any political subdivision
18of the state or body within one or more political subdivisions which is created by law
19or by action of one or more political subdivisions.
AB445,46 20Section 46. 635.18 (1) of the statutes is amended to read:
AB445,20,2221 635.18 (1) Every Any small employer insurer shall may actively market health
22benefit plan coverage to small employers in the state.
AB445,47 23Section 47. Chapter 636 of the statutes is created to read:
AB445,20,2524 chapter 636
25 health benefit plan exchange
AB445,21,2
1subchapter I
2 general provisions
AB445,21,3 3636.01 Definitions. In this chapter:
AB445,21,4 4(1) “Authority" means the Badger Health Benefit Authority.
AB445,21,7 5(2) “Educated health care consumer" means an individual who is
6knowledgeable about the health care system and who has background or experience
7in making informed decisions regarding health, medical, and scientific matters.
AB445,21,11 8(3) “Federal act" means the federal Patient Protection and Affordable Care Act,
9P.L. 111-148, as amended by the federal Health Care and Education Reconciliation
10Act of 2010, P.L. 111-152, and any amendments to, or regulations or guidance issued
11under, those acts.
AB445,21,14 12(4) (a) Except as provided in pars. (b) to (e), “health benefit plan" means a policy,
13contract, certificate, or agreement offered or issued by a health carrier to provide,
14deliver, arrange for, pay for, or reimburse any of the costs of health care services.
AB445,21,1515 (b) “Health benefit plan" does not include any of the following:
AB445,21,1716 1. Coverage only for accident, or disability income insurance, or any
17combination of those.
AB445,21,1818 2. Coverage issued as a supplement to liability insurance.
AB445,21,2019 3. Liability insurance, including general liability insurance and automobile
20liability insurance.
AB445,21,2121 4. Worker's compensation or similar insurance.
AB445,21,2222 5. Automobile medical payment insurance.
AB445,21,2323 6. Credit-only insurance.
AB445,21,2424 7. Coverage for on-site medical clinics.
AB445,22,3
18. Other similar insurance coverage, specified in federal regulations issued
2under P.L. 104-191, under which benefits for health care services are secondary or
3incidental to other insurance benefits.
AB445,22,64 (c) “Health benefit plan" does not include any of the following benefits if they
5are provided under a separate policy, certificate, or contract of insurance or otherwise
6not an integral part of the plan:
AB445,22,77 1. Limited scope dental or vision benefits.
AB445,22,98 2. Benefits for long-term care, nursing home care, home health care,
9community-based care, or any combination of those.
AB445,22,1110 3. Other similar, limited benefits specified in federal regulations issued under
11P.L. 104-191.
AB445,22,1812 (d) “Health benefit plan" does not include any of the following benefits if the
13benefits are provided under a separate policy, certificate, or contract of insurance,
14there is no coordination between the provision of the benefits and any exclusion of
15benefits under any group health plan maintained by the same plan sponsor, and the
16benefits are paid with respect to an event without regard to whether benefits are
17provided with respect to such an event under any group health plan maintained by
18the same plan sponsor:
AB445,22,1919 1. Coverage only for a specified disease or illness.
AB445,22,2020 2. Hospital indemnity or other fixed indemnity insurance.
AB445,22,2221 (e) “Health benefit plan" does not include any of the following if offered as a
22separate policy, certificate, or contract of insurance:
AB445,22,2423 1. Medicare supplemental health insurance as defined under section 1882 (g)
24(1) of the federal Social Security Act.
AB445,23,2
12. Coverage supplemental to the coverage provided under the Civilian Health
2and Medical Program of the Uniformed Services 10 USC ch. 55.
AB445,23,43 3. Similar coverage supplemental to coverage provided under a group health
4plan.
AB445,23,11 5(5) “Health carrier" means an entity subject to the insurance laws and rules
6of this state, or subject to the jurisdiction of the commissioner, that contracts or offers
7to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of
8health care services, including a sickness and accident insurance company, a health
9maintenance organization, a nonprofit hospital and health service corporation, or
10any other entity providing a plan of health insurance, health benefits, or health
11services.
AB445,23,13 12(5m) “Minimum essential coverage" has the meaning given in 26 USC 5000A
13(f) (1).
AB445,23,15 14(6) “Qualified dental plan" means a limited scope dental plan that has been
15certified in accordance with s. 636.42 (5).
AB445,23,19 16(7) “Qualified employer" means a small employer that elects to make its
17full-time employees eligible for one or more qualified health plans offered through
18the SHOP Exchange and, at the option of the employer, some or all of its part-time
19employees, provided that the employer satisfies any of the following:
AB445,23,2220 (a) The employer has its principal place of business in this state and elects to
21provide coverage through the SHOP Exchange to all of its eligible employees,
22wherever employed.
AB445,23,2423 (b) The employer elects to provide coverage through the SHOP Exchange to all
24of its eligible employees who are principally employed in this state.
AB445,24,3
1(8) “Qualified health plan" means a health benefit plan that has in effect a
2certification that the plan meets the criteria for certification described in section
31311 (c) of the federal act and s. 636.42.
AB445,24,5 4(9) “Qualified individual" means an individual, including a minor, who satisfies
5all of the following:
AB445,24,76 (a) The individual is seeking to enroll in a qualified health plan offered to
7individuals through the exchange under subch. II.
AB445,24,88 (b) The individual resides in this state.
AB445,24,109 (c) At the time of enrollment, the individual is not incarcerated in a correctional
10facility, other than incarceration pending the disposition of charges.
AB445,24,1311 (d) The individual is, and is reasonably expected to be for the entire period for
12which enrollment is sought, a citizen or national of the United States or an alien
13lawfully present in the United States.
AB445,24,15 14(10) “Secretary" means the secretary of the federal department of health and
15human services.
AB445,24,17 16(11) “SHOP Exchange" means a small business health options program
17established under s. 636.30 (1) (q).
AB445,24,19 18(12) (a) “Small employer" means an employer that employed an average of not
19more than 100 employees during the preceding calendar year.
AB445,24,2020 (b) For purposes of this subsection, all of the following apply:
AB445,24,22211. All persons treated as a single employer under section 414 (b), (c), (m), or (o)
22of the Internal Revenue Code shall be treated as a single employer.
AB445,24,2423 2. An employer and any predecessor employer shall be treated as a single
24employer.
AB445,25,2
13. All employees shall be counted, including part-time employees and
2employees who are not eligible for coverage through the employer.
AB445,25,63 4. If an employer was not in existence during the entire preceding calendar
4year, the determination of whether that employer is a small employer shall be based
5on the average number of employees that it is reasonably expected that employer will
6employ on business days in the current calendar year.
AB445,25,117 5. An employer that makes enrollment in qualified health plans available to
8its employees through the SHOP Exchange and that would cease to be a small
9employer by reason of an increase in the number of its employees shall continue to
10be treated as a small employer for purposes of this chapter as long as it continuously
11makes enrollment through the SHOP Exchange available to its employees.
AB445,25,1312 subchapter II
13 operation of exchange
AB445,25,17 14636.25 General matters. (1) The authority shall establish and operate a
15Wisconsin Health Benefit Exchange and shall make qualified health plans, with
16effective dates on or before January 1, 2018, available to qualified individuals and
17qualified employers.
AB445,25,19 18(2) (a) The authority may not make available any health benefit plan that is
19not a qualified health plan.
AB445,25,2420 (b) The authority shall allow a health carrier to offer a plan that provides
21limited scope dental benefits meeting the requirements of section 9832 (c) (2) (A) of
22the Internal Revenue Code through the exchange under sub. (1), either separately
23or in conjunction with a qualified health plan, if the plan provides pediatric dental
24benefits meeting the requirements of section 1302 (b) (1) (J) of the federal act.
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