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AB445,27,2018 (j) Establish, in consultation with the commissioner, the method for
19determining the amount of the surcharge under s. 636.45 (1) and establish the
20procedure for imposing and collecting the surcharge.
AB445,27,2221 (k) Establish a plan for publicizing the exchange and the eligibility
22requirements and enrollment procedures.
AB445,27,2423 (L) Establish and operate a service center to provide information to small
24employers, individuals, enrollees, and insurance intermediaries about the exchange.
AB445,28,2
1(m) Establish a mechanism for regular communication and cooperation with
2insurance intermediaries.
AB445,28,43 (n) Establish an independent and binding appeals process for resolving
4disputes over eligibility and other determinations made by the authority.
AB445,28,95 (o) In accordance with section 1413 of the federal act, inform individuals of
6eligibility requirements for Medical Assistance under subch. IV of ch. 49 or any other
7applicable state or local public program and if, through screening of the application
8by the authority, the authority determines that any individual is eligible for any such
9program, assist that individual to enroll in that program.
AB445,28,1310 (p) Establish and make available by electronic means a calculator to determine
11the actual cost of coverage after application of any premium tax credit under section
1236B of the Internal Revenue Code and any cost-sharing reduction under section
131402 of the federal act.
AB445,28,1714 (q) Establish a SHOP Exchange through which qualified employers may access
15health care coverage for their employees and that shall enable any qualified
16employer to specify the level of coverage at which its employees may enroll in any
17qualified health plan offered through the SHOP Exchange.
AB445,28,2018 (r) Perform duties required of the authority by the secretary or the federal
19secretary of the treasury related to determining eligibility for premium tax credits,
20reduced cost sharing, or individual responsibility requirement exemptions.
AB445,28,2421 (s) Select entities, which may include insurance intermediaries, that are
22qualified to serve as navigators in accordance with section 1311 (i) of the federal act
23and standards developed by the secretary, and award grants to enable navigators to
24do all of the following:
AB445,29,2
11. Conduct public education activities to raise awareness of the availability of
2qualified health plans.
AB445,29,63 2. Distribute fair and impartial information concerning enrollment in qualified
4health plans and concerning the availability of premium tax credits under section
536B of the Internal Revenue Code and cost-sharing reductions under section 1402
6of the federal act.
AB445,29,77 3. Facilitate enrollment in qualified health plans.
AB445,29,128 4. Provide referrals to any applicable office of health insurance consumer
9assistance or health insurance ombudsman established under 42 USC 300gg-93, or
10to any other appropriate state agency or agencies, for any enrollee with a grievance,
11complaint, or question regarding the enrollee's health benefit plan, coverage, or
12determination under that plan or coverage.
AB445,29,1413 5. Provide information in a manner that is culturally and linguistically
14appropriate to the needs of the population being served by the exchange.
AB445,29,1715 (t) Assist in the coordination of any necessary administrative operations
16between the department of corrections and the department of health services to
17ensure all of the following:
AB445,29,2018 1. That an individual, upon placement in a correctional facility, is disenrolled
19for the duration of his or her incarceration from any health care coverage in which
20he or she is enrolled.
AB445,29,2521 2. That an individual who is incarcerated in a correctional facility, but
22scheduled to be released from incarceration in the near future, is enrolled prior to
23release, through the exchange and effective upon the date of his or her release, in
24Medical Assistance, a qualified health plan, or some other form of minimum
25essential coverage on the date of his or her release from incarceration.
AB445,30,6
1(u) For those persons whose alcohol or other drug abuse or mental health
2treatment is not covered by a federally administered program, coordinate the
3relationships among the Medical Assistance program, the exchange, and the county
4departments under s. 51.42 or 51.437 to provide outpatient and inpatient mental
5health and alcohol or other drug abuse treatment with all of the following goals for
6the coordination:
AB445,30,87 1. Maximizing coverage and improving access through the exchange for
8outpatient and inpatient treatment of mental illness and alcohol or other drug abuse.
AB445,30,109 2. Improving the quality of treatment for persons with alcohol or other drug
10dependence or a mental illness.
AB445,30,1211 3. Fully integrating the treatment for physical conditions, alcohol or other drug
12abuse, and mental illness.
AB445,30,1713 4. Reducing the cost of the county departments under ss. 51.42 and 51.437 to
14taxpayers by avoiding unnecessary overlap between the improved coverage of
15alcohol or other drug abuse treatment or mental illness treatment by health plans
16offered through the exchange and the services provided by county departments
17under s. 51.42 or 51.437.
AB445,30,2018 (v) Review the rate of premium growth within the exchange and outside the
19exchange, and consider the information in developing recommendations on whether
20to continue limiting qualified employer status to small employers.
AB445,30,2321 (w) Credit the amount of any free choice voucher to the monthly premium of
22the plan in which a qualified employee is enrolled, in accordance with section 10108
23of the federal act, and collect the amount credited from the offering employer.
AB445,30,2524 (x) Consult with stakeholders relevant to carrying out the activities required
25under this chapter, including any of the following:
AB445,31,1
11. Educated health care consumers who are enrollees in qualified health plans.
AB445,31,32 2. Individuals and entities with experience in facilitating enrollment in
3qualified health plans.
AB445,31,44 3. Representatives of small businesses and self-employed individuals.
AB445,31,55 4. The department of health services.
AB445,31,66 5. Advocates for enrolling hard-to-reach populations.
AB445,31,77 (y) Meet all of the following financial integrity requirements:
AB445,31,108 1. Keep an accurate accounting of all activities, receipts, and expenditures and
9annually submit to the secretary, the governor, the commissioner, and the legislature
10a report concerning such accountings.
AB445,31,1411 2. Fully cooperate with any investigation conducted by the secretary under the
12secretary's authority under the federal act and allow the secretary, in coordination
13with the inspector general of the federal department of health and human services,
14to do all of the following:
AB445,31,1515 a. Investigate the affairs of the authority.
AB445,31,1616 b. Examine the properties and records of the authority.
AB445,31,1817 c. Require periodic reports in relation to the activities undertaken by the
18authority.
AB445,31,2519 3. In carrying out its activities under this chapter, not use any funds intended
20for the administrative and operational expenses of the authority for staff retreats,
21promotional giveaways, excessive executive compensation, or promotion of federal
22or state legislative or regulatory modifications, except that this subdivision does not
23prohibit the authority from advocating, as part of administering the exchange, for
24policies that the authority determines are in the best interest of the exchange or of
25individuals and employees receiving coverage through the exchange.
AB445,32,2
1(2) The authority may do all of the following relating to the exchange under s.
2636.25 (1):
AB445,32,43 (a) Contract with a 3rd-party administrator for the provision of services on
4behalf of the exchange.
AB445,32,55 (b) Establish risk adjustment mechanisms for the exchange.
AB445,32,66 (c) Enter into agreements with or establish sub-exchanges.
AB445,32,87 (d) Create any other exchange, or component of the exchange, that is provided
8for under federal law.
AB445,32,12 9(3) The authority shall seek grants to the fullest extent to which it is eligible,
10including amounts under section 1311 (a) (1) and (4) of the federal act, or other
11funding from the federal or state government for which it may be eligible and from
12private foundations for the purpose of the exchange under s. 636.25 (1).
AB445,32,14 13636.42 Health benefit plan certification. (1) The authority may certify a
14health benefit plan as a qualified health plan if all of the following are true:
AB445,32,1815 (a) The plan provides the essential health benefits package described in section
161302 (a) of the federal act, except that the plan is not required to provide essential
17benefits that duplicate the minimum benefits of qualified dental plans, as provided
18in sub. (5), if all of the following are satisfied:
AB445,32,2019 1. The authority has determined that at least one qualified dental plan is
20available to supplement the plan's coverage.
AB445,32,2521 2. The health carrier makes prominent disclosure at the time it offers the plan,
22in a form approved by the authority, that the plan does not provide the full range of
23essential pediatric benefits and that qualified dental plans providing those benefits
24and other dental benefits not covered by the plan are offered through the exchange
25under s. 636.25 (1).
AB445,33,2
1(b) The premium rates and contract language have been filed with and not
2disapproved by the commissioner.
AB445,33,63 (c) The plan provides at least a bronze level of coverage, as determined under
4s. 636.30 (1) (e), unless the plan is certified as a qualified catastrophic plan, meets
5the requirements of the federal act for catastrophic plans, and will only be offered to
6individuals eligible for catastrophic coverage.
AB445,33,107 (d) The plan's cost-sharing requirements do not exceed the limits established
8under section 1302 (c) (1) of the federal act and, if the plan is offered through the
9SHOP Exchange, the plan's deductible does not exceed the limits established under
10section 1302 (c) (2) of the federal act.
AB445,33,1111 (e) The health carrier offering the plan satisfies all of the following:
AB445,33,1312 1. Is licensed and in good standing to offer health insurance coverage in this
13state.
AB445,33,1714 2. Offers at least one qualified health plan in the silver level and at least one
15qualified health plan in the gold level through each component of the exchange in
16which the health carrier participates. In this subdivision, “component" refers to the
17SHOP Exchange or the exchange under s. 636.25 for individual coverage.
AB445,33,2018 3. Charges the same premium rate for each qualified health plan without
19regard to whether the plan is offered directly from the health carrier or through an
20insurance intermediary.
AB445,33,2221 4. Does not charge any cancellation fees or penalties in violation of s. 636.25
22(3).
AB445,33,2423 5. Complies with the regulations developed by the secretary under section 1311
24(d) of the federal act and such other requirements as the authority may establish.
AB445,34,6
1(f) The plan meets the requirements of certification as required by any rules
2promulgated under s. 636.46 (1) and by the secretary under section 1311 (c) of the
3federal act, including minimum standards in the areas of marketing practices,
4network adequacy, essential community providers in underserved areas,
5accreditation, quality improvement, uniform enrollment forms, and descriptions of
6coverage and information on quality measures for health benefit plan performance.
AB445,34,97 (g) The authority determines that making the plan available through the
8exchange under s. 636.25 (1) is in the interest of qualified individuals and qualified
9employers in this state.
AB445,34,11 10(2) The authority shall not exclude a health benefit plan for any of the following
11reasons or in any of the following ways:
AB445,34,1212 (a) On the basis that the plan is a fee-for-service plan.
AB445,34,1313 (b) Through the imposition of premium price controls by the authority.
AB445,34,1614 (c) On the basis that the plan provides treatments necessary to prevent
15patients' deaths in circumstances the authority determines are inappropriate or too
16costly.
AB445,34,18 17(3) The authority shall require each health carrier seeking certification of a
18health benefit plan as a qualified health plan to do all of the following:
AB445,34,2419 (a) Submit a justification for any premium increase before implementation of
20that increase. The health carrier shall prominently post the information on its
21Internet site. The authority shall take this information, along with the information
22and the recommendations provided to the authority by the commissioner under 42
23USC 300gg-94
(b), into consideration when determining whether to allow the health
24carrier to make the plan available through the exchange under s. 636.25 (1).
AB445,35,3
1(b) 1. Make available to the public, in the format described in subd. 2., and
2submit to the authority, the secretary, and the commissioner, accurate and timely
3disclosure of all of the following:
AB445,35,44 a. Claims payment policies and practices.
AB445,35,55 b. Periodic financial disclosures.
AB445,35,66 c. Data on enrollment.
AB445,35,77 d. Data on disenrollment.
AB445,35,88 e. Data on the number of claims that are denied.
AB445,35,99 f. Data on rating practices.
AB445,35,1110 g. Information on cost sharing and payments with respect to any
11out-of-network coverage.
AB445,35,1212 h. Information on enrollee and participant rights under title I of the federal act.
AB445,35,1313 i. Other information as determined appropriate by the secretary.
AB445,35,1514 2. The information required in subd. 1. shall be provided in plain language, as
15that term is defined in section 1311 (e) (3) (B) of the federal act.
AB445,35,2216 (c) Permit individuals to learn, in a timely manner upon the request of the
17individual, the amount of cost sharing, including deductibles, copayments, and
18coinsurance, under the individual's plan or coverage that the individual would be
19responsible for paying with respect to the furnishing of a specific item or service by
20a participating provider. At a minimum, this information shall be made available
21to the individual through an Internet site and through other means for individuals
22without access to the Internet.
AB445,36,2 23(4) The authority may not exempt any health carrier seeking certification of
24a health benefit plan as a qualified health plan, regardless of the type or size of the
25health carrier, from state licensure or solvency requirements and shall apply the

1criteria of this section in a manner that assures equitable treatment of all health
2carriers participating in the exchange under s. 636.25 (1).
AB445,36,6 3(5) (a) The provisions of this chapter that are applicable to qualified health
4plans shall also apply to the extent relevant to qualified dental plans, except as
5modified in accordance with pars. (b), (c), and (d) or by regulations adopted by the
6authority.
AB445,36,87 (b) The health carrier shall be licensed to offer dental coverage, but need not
8be licensed to offer other health benefits.
AB445,36,149 (c) The plan shall be limited to dental and oral health benefits, without
10substantially duplicating the benefits typically offered by health benefit plans
11without dental coverage, and shall include, at a minimum, the essential pediatric
12dental benefits prescribed by the secretary under section 1302 (b) (1) (J) of the federal
13act and such other dental benefits as the authority or the secretary may specify by
14regulation.
AB445,36,1915 (d) Health carriers may jointly offer a comprehensive plan through the
16exchange under s. 636.25 (1) in which the dental benefits are provided by a health
17carrier through a qualified dental plan and the other benefits are provided by a
18health carrier through a qualified health plan, provided that the plans are priced
19separately and are also made available for purchase separately at the same price.
AB445,36,25 20636.43 Insurer requirements. (1) Any health carrier that is authorized to
21do business in this state in one or more lines of insurance that includes health
22insurance may offer health benefit plans through the exchange under s. 636.25 (1).
23After the exchange becomes operational, no health carrier may offer or issue a health
24benefit plan in this state to an individual or to a small employer except through the
25exchange.
AB445,37,3
1(2) For the purpose of determining premiums, a health carrier may pool
2together all individuals and employees who have coverage under all of the qualified
3health plans issued by the health carrier through the exchange under s. 636.25 (1).
AB445,37,7 4(3) A health carrier that offers qualified health plans through the exchange
5under s. 636.25 (1) shall establish a toll-free hotline for providing information to
6enrollees and other individuals and shall furnish such reasonable reports as the
7authority determines necessary for the administration of the exchange.
AB445,37,11 8(4) The authority may audit any health carrier that provides coverage under
9a qualified health plan through the exchange under s. 636.25 (1) for the purpose of
10ensuring that the health carrier is providing covered individuals with the benefits
11provided for under this subchapter in a manner that does all of the following:
AB445,37,1212 (a) Complies with the provisions of this chapter.
AB445,37,1313 (b) Promotes positive health outcomes.
AB445,37,1414 (c) Advances value-based and evidence-based medical practices.
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