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AB56-SA2,58,10
1253.06 (5) (d) (intro.) The department may directly assess a forfeiture provided
2for under par. (b) 4., recoupment provided for under par. (b) 5. and an enforcement
3assessment provided for under par. (c). If the department determines that a
4forfeiture, recoupment or enforcement assessment should be levied, or that
5authorization or eligibility should be summarily suspended or terminated, for a
6particular violation or for failure to correct it, the department shall send a notice of
7assessment, summary suspension or termination to the vendor, food infant formula
8supplier, direct
distribution center or participant. The notice shall inform the
9vendor, food infant formula supplier, direct distribution center or participant of the
10right to a hearing under sub. (6) and shall specify all of the following:
AB56-SA2,58,1311 6. If applicable, that the suspension or termination of authorization of the
12vendor or eligibility of the participant is
effective beginning on the 15th day after
13receipt
date of the notice of summary suspension or termination.
AB56-SA2,1930b 14Section 1930b. 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and
15amended to read:
AB56-SA2,58,1916 253.06 (5) (e) 1. The suspension or termination of authorization of a vendor,
17infant formula supplier, or direct distribution center
or eligibility of a participant
18shall be effective beginning on the 15th day after receipt of the notice of suspension
19or
termination.
AB56-SA2,59,3 202. All forfeitures, recoupments, and enforcement assessments shall be paid to
21the department within 15 days after receipt of notice of assessment or, if the
22forfeiture, recoupment, or enforcement assessment is contested under sub. (6),
23within 10 days after receipt of the final decision after exhaustion of administrative
24review, unless the final decision is adverse to the department or unless the final
25decision is appealed and the decision is stayed by court order under sub. (7). The

1department shall remit all forfeitures paid to the secretary of administration for
2deposit in the school fund. The department shall deposit all enforcement
3assessments in the appropriation under s. 20.435 (1) (gr).
AB56-SA2,1931b 4Section 1931b. 253.06 (5) (e) 3. of the statutes is created to read:
AB56-SA2,59,75 253.06 (5) (e) 3. The summary suspension of authorization of a vendor, infant
6formula supplier, or direct distribution center shall be effective immediately upon
7receipt of the notice under par. (d).
AB56-SA2,1932b 8Section 1932b. 253.06 (6) (b) of the statutes is amended to read:
AB56-SA2,59,249 253.06 (6) (b) A person may contest an assessment of forfeiture, recoupment
10or enforcement assessment, a denial, suspension or termination of authorization, a
11civil monetary penalty assessed in lieu of disqualification, a summary suspension,

12or a suspension or termination of eligibility by sending a written request for hearing
13under s. 227.44 to the division of hearings and appeals in the department of
14administration within 10 days after the receipt of the notice issued under sub. (3)
15(bm) or (5) (d). The administrator of the division of hearings and appeals may
16designate a hearing examiner to preside over the case and recommend a decision to
17the administrator under s. 227.46. The decision of the administrator of the division
18of hearings and appeals shall be the final administrative decision. The division of
19hearings and appeals shall commence the hearing and issue a final decision within
2060 days after receipt of the request for hearing unless all of the parties consent to a
21later date. Proceedings before the division of hearings and appeals are governed by
22ch. 227. In any petition for judicial review of a decision by the division of hearings
23and appeals, the department, if not the petitioner who was in the proceeding before
24the division of hearings and appeals, shall be the named respondent.
AB56-SA2,1933b 25Section 1933b. 253.06 (8) of the statutes is amended to read:
AB56-SA2,60,4
1253.06 (8) Inspection of premises. The department may visit and inspect each
2authorized vendor and infant formula supplier and each food direct distribution
3center, and for such purpose shall be given unrestricted access to the premises
4described in the authorization or contract.
AB56-SA2,1934b 5Section 1934b. 253.06 (9) and (10) of the statutes are created to read:
AB56-SA2,60,106 253.06 (9) Confidentiality of applicant and participant information. (a) Any
7information about an applicant or participant, whether it is obtained from the
8applicant or participant or another source or is generated as a result of application
9for the Women, Infants, and Children program, that identifies the applicant or
10participant or a family member of the applicant or participant is confidential.
AB56-SA2,60,2011 (b) Except as explicitly permitted under this section, the department shall
12restrict the use and disclosure of confidential applicant and participant information
13to any person directly connected with the administration or enforcement of the
14Women, Infants, and Children program that the department determines has a need
15to know the information for Women, Infants, and Children program purposes.
16Persons who may be allowed to access confidential information under this paragraph
17include personnel from the local agencies, persons under contract with the
18department to perform research regarding the Women, Infants, and Children
19program, and persons that are investigating or prosecuting Women, Infants, and
20Children program violations of federal, state, or local law.
AB56-SA2,60,2421 (c) The department or any local agency may use or disclose to public
22organizations confidential applicant and participant information for the
23administration of other programs that serve individuals eligible for the Women,
24Infants, and Children program in accordance with 7 CFR 246.26 (h).
AB56-SA2,61,4
1(d) Staff of the department and local agencies who are required by state law to
2report known or suspected child abuse or neglect may disclose confidential applicant
3and participant information without the consent of the participant or applicant to
4the extent necessary to comply with the law.
AB56-SA2,61,185 (e) Except in the case of subpoenas or search warrants, the department and
6local agencies may disclose confidential applicant and participant information to
7individuals or entities not listed in this section only if the affected applicant or
8participant signs a release form authorizing the disclosure and specifying the parties
9to which the information may be disclosed. The department or local agency shall
10allow applicants and participants to refuse to sign the release form and shall notify
11the applicant or participant that signing the form is not a condition of eligibility and
12refusing to sign the form will not affect the applicant's or participant's application
13or participation in the Women, Infants, and Children program. Release forms
14authorizing disclosure to private physicians or other health care providers may be
15included as part of the Women, Infants, and Children program application or
16certification process. All other requests for applicants or participants to sign
17voluntary release forms may occur only after the application and certification
18process is complete.
AB56-SA2,62,419 (f) The department or local agency shall provide to an applicant or participant
20access to all information he or she has provided to the Women, Infants, and Children
21program. In the case of an applicant or participant who is an infant or child, the
22access may be provided to a parent or guardian of the infant or child, assuming that
23any issues regarding custody or guardianship have been settled. The department or
24local agency is not required to provide the applicant or participant or parent or
25guardian of an infant or child applicant or participant access to any other

1information in the file or record, including documentation of income provided by a
23rd party and staff assessments of an applicant or participant's condition or
3behavior, unless required by law or unless the information supports a state or local
4agency decision being appealed under 7 CFR 246.9.
AB56-SA2,62,10 5(10) Confidentiality of vendor information. (a) Any information about a
6vendor, whether it is obtained from the vendor or another source, that individually
7identifies the vendor except for the vendor's name, address, telephone number,
8Internet or electronic mail address, store type, and Women, Infants, and Children
9program authorization status is confidential. The department shall restrict the use
10or disclosure of confidential vendor information to any of the following:
AB56-SA2,62,1611 1. Persons directly connected with the administration or enforcement of the
12Women, Infants, and Children program or the food stamp program under s. 49.79
13that the department determines has a need to know the information for purposes of
14these programs. These persons may include personnel from local agencies and
15persons investigating or prosecuting violations of Women, Infants, and Children
16program or food stamp program federal, state, or local laws.
AB56-SA2,62,2217 2. Persons directly connected with the administration or enforcement of any
18federal or state law or local ordinance. Before releasing information to a state or local
19entity, the department shall enter into a written agreement with the requesting
20party specifying that the information may not be used or redisclosed except for
21purposes directly connected with the administration or enforcement of the federal or
22state law or local ordinance.
AB56-SA2,62,2523 3. A vendor that is subject to an adverse action under sub. (5), including a claim,
24to the extent that the confidential information concerns the vendor that is subject to
25the adverse action and is related to the adverse action.
AB56-SA2,63,8
1(b) The department may disclose to all authorized vendors and applicants to
2be a vendor sanctions that have been imposed on vendors if the disclosure identifies
3only the vendor's name, address, length of the disqualification or amount of the
4monetary penalty, and a summary of the reason for the sanction provided in the
5notice of adverse action under sub. (5). The information under this paragraph may
6be disclosed only after all administrative and judicial review is exhausted and the
7department has prevailed regarding the sanction imposed on the vendor or after the
8time period for requesting administrative and judicial review has expired.”.
AB56-SA2,63,9 9100. Page 445, line 17: after that line insert:
AB56-SA2,63,10 10 Section 1935w. 253.07 (1) (a) 3. of the statutes is created to read:
AB56-SA2,63,1111 253.07 (1) (a) 3. Pregnancy termination.
AB56-SA2,1936w 12Section 1936w. 253.07 (1) (b) 3. of the statutes is created to read:
AB56-SA2,63,1313 253.07 (1) (b) 3. Pregnancy termination.
AB56-SA2,1937w 14Section 1937w. 253.07 (5) (b) (intro.) of the statutes is renumbered 253.07 (5)
15(b) and amended to read:
AB56-SA2,63,1916 253.07 (5) (b) Subject to par. (c), a A public entity that receives women's health
17funds under this section may provide some or all of the funds to other public or
18private entities provided that the recipient of the funds does not do any of the
19following:
.
AB56-SA2,1938w 20Section 1938w. 253.07 (5) (b) 1. to 3. of the statutes are repealed.
AB56-SA2,1939w 21Section 1939w. 253.07 (5) (c) of the statutes is repealed.
AB56-SA2,1940w 22Section 1940w. 253.075 of the statutes is repealed.”.
AB56-SA2,63,23 23101. Page 446, line 1: delete lines 1 to 2 and substitute:
AB56-SA2,64,2
1“254.151 (2m) Award grants for residential lead hazard abatement, residential
2lead hazard reduction, and lead abatement worker training.”.
AB56-SA2,64,4 3102. Page 448, line 25: delete the material beginning with that line and
4ending with page 449, line 2, and substitute:
AB56-SA2,64,5 5 Section 1950m. 255.06 (2) (i) of the statutes is amended to read:
AB56-SA2,64,76 255.06 (2) (i) Multiple sclerosis services. Allocate and expend at least up to
7$60,000 as reimbursement for the provision of multiple sclerosis services to women.”.
AB56-SA2,64,8 8103. Page 454, line 2: after that line insert:
AB56-SA2,64,9 9 Section 2069f. 601.83 (1) (a) of the statutes is amended to read:
AB56-SA2,64,2210 601.83 (1) (a) The commissioner shall administer a state-based reinsurance
11program known as the healthcare stability plan in accordance with the specific terms
12and conditions approved by the federal department of health and human services
13dated July 29, 2018. Before December 31, 2023, the commissioner may not request
14from the federal department of health and human services a modification,
15suspension, withdrawal, or termination of the waiver under 42 USC 18052 under
16which the healthcare stability plan under this subchapter operates unless
17legislation has been enacted specifically directing the modification, suspension,
18withdrawal, or termination. Before December 31, 2023, the commissioner may
19request renewal, without substantive change, of the waiver under 42 USC 18052
20under which the health care stability plan operates in accordance with s. 20.940 (4)
21unless legislation has been enacted that is contrary to such a renewal request. The
22commissioner shall comply with applicable timing in and requirements of s. 20.940.
”.
AB56-SA2,2070i 23Section 2070i. 609.713 of the statutes is created to read:
AB56-SA2,65,2
1609.713 Essential health benefits; preventive services. Defined network
2plans and preferred provider plans are subject to s. 632.895 (13m) and (14m).
AB56-SA2,2071i 3Section 2071i. 609.847 of the statutes is created to read:
AB56-SA2,65,6 4609.847 Preexisting condition discrimination and certain benefit
5limits prohibited.
Limited service health organizations, preferred provider plans,
6and defined network plans are subject to s. 632.728.
AB56-SA2,2072i 7Section 2072i. 625.12 (1) (a) of the statutes is amended to read:
AB56-SA2,65,98 625.12 (1) (a) Past and prospective loss and expense experience within and
9outside of this state, except as provided in s. 632.728.
AB56-SA2,2073i 10Section 2073i. 625.12 (1) (e) of the statutes is amended to read:
AB56-SA2,65,1211 625.12 (1) (e) Subject to s. ss. 632.365 and 632.728, all other relevant factors,
12including the judgment of technical personnel.
AB56-SA2,2074i 13Section 2074i. 625.12 (2) of the statutes is amended to read:
AB56-SA2,65,2214 625.12 (2) Classification. Risks Except as provided in s. 632.728, risks may
15be classified in any reasonable way for the establishment of rates and minimum
16premiums, except that no classifications may be based on race, color, creed or
17national origin, and classifications in automobile insurance may not be based on
18physical condition or developmental disability as defined in s. 51.01 (5). Subject to
19s. ss. 632.365 and 632.728, rates thus produced may be modified for individual risks
20in accordance with rating plans or schedules that establish reasonable standards for
21measuring probable variations in hazards, expenses, or both. Rates may also be
22modified for individual risks under s. 625.13 (2).
AB56-SA2,2075i 23Section 2075i. 625.15 (1) of the statutes is amended to read:
AB56-SA2,66,624 625.15 (1) Rate making. An Except as provided in s. 632.728, an insurer may
25itself establish rates and supplementary rate information for one or more market

1segments based on the factors in s. 625.12 and, if the rates are for motor vehicle
2liability insurance, subject to s. 632.365, or the insurer may use rates and
3supplementary rate information prepared by a rate service organization, with
4average expense factors determined by the rate service organization or with such
5modification for its own expense and loss experience as the credibility of that
6experience allows.
AB56-SA2,2076i 7Section 2076i. 628.34 (3) (a) of the statutes is amended to read:
AB56-SA2,66,148 628.34 (3) (a) No insurer may unfairly discriminate among policyholders by
9charging different premiums or by offering different terms of coverage except on the
10basis of classifications related to the nature and the degree of the risk covered or the
11expenses involved, subject to ss. 632.365, 632.728, 632.746 and 632.748. Rates are
12not unfairly discriminatory if they are averaged broadly among persons insured
13under a group, blanket or franchise policy, and terms are not unfairly discriminatory
14merely because they are more favorable than in a similar individual policy.”.
AB56-SA2,66,15 15104. Page 454, line 12: after that line insert:
AB56-SA2,66,16 16 Section 2079i. 632.728 of the statutes is created to read:
AB56-SA2,66,18 17632.728 Coverage of persons with preexisting conditions; guaranteed
18issue; benefit limits.
(1) Definitions. In this section:
AB56-SA2,66,1919 (a) “Health benefit plan” has the meaning given in s. 632.745 (11).
AB56-SA2,66,2020 (b) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
AB56-SA2,67,2 21(2) Guaranteed issue. (a) Every individual health benefit plan shall accept
22every individual in this state who, and every group health benefit plan shall accept
23every employer in this state that, applies for coverage, regardless of sexual
24orientation, gender identity, or whether or not any employee or individual has a

1preexisting condition. A health benefit plan may restrict enrollment in coverage
2described in this paragraph to open or special enrollment periods.
AB56-SA2,67,53 (b) The commissioner shall establish a statewide open enrollment period of no
4shorter than 30 days for every individual health benefit plan to allow individuals,
5including individuals who do not have coverage, to enroll in coverage.
AB56-SA2,67,10 6(3) Prohibiting discrimination based on health status. (a) An individual
7health benefit plan or a self-insured health plan may not establish rules for the
8eligibility of any individual to enroll, or for the continued eligibility of any individual
9to remain enrolled, under the plan based on any of the following health
10status-related factors in relation to the individual or a dependent of the individual:
AB56-SA2,67,1111 1. Health status.
AB56-SA2,67,1212 2. Medical condition, including both physical and mental illnesses.
AB56-SA2,67,1313 3. Claims experience.
AB56-SA2,67,1414 4. Receipt of health care.
AB56-SA2,67,1515 5. Medical history.
AB56-SA2,67,1616 6. Genetic information.
AB56-SA2,67,1817 7. Evidence of insurability, including conditions arising out of acts of domestic
18violence.
AB56-SA2,67,1919 8. Disability.
AB56-SA2,68,220 (b) An insurer offering an individual health benefit plan or a self-insured
21health plan may not require any individual, as a condition of enrollment or continued
22enrollment under the plan, to pay, on the basis of any health status-related factor
23under par. (a) with respect to the individual or a dependent of the individual, a
24premium or contribution or a deductible, copayment, or coinsurance amount that is

1greater than the premium or contribution or deductible, copayment, or coinsurance
2amount respectively for a similarly situated individual enrolled under the plan.
AB56-SA2,68,63 (c) Nothing in this subsection prevents an insurer offering an individual health
4benefit plan or a self-insured health plan from establishing premium discounts or
5rebates or modifying otherwise applicable cost sharing in return for adherence to
6programs of health promotion and disease prevention.
AB56-SA2,68,9 7(4) Premium rate variation. A health benefit plan offered on the individual or
8small employer market or a self-insured health plan may vary premium rates for a
9specific plan based only on the following considerations:
AB56-SA2,68,1010 (a) Whether the policy or plan covers an individual or a family.
AB56-SA2,68,1111 (b) Rating area in the state, as established by the commissioner.
AB56-SA2,68,1412 (c) Age, except that the rate may not vary by more than 3 to 1 for adults over
13the age groups and the age bands shall be consistent with recommendations of the
14National Association of Insurance Commissioners.
AB56-SA2,68,1515 (d) Tobacco use, except that the rate may not vary by more than 1.5 to 1.
AB56-SA2,68,17 16(5) Annual and lifetime limits. An individual or group health benefit plan or
17a self-insured health plan may not establish any of the following:
AB56-SA2,68,1918 (a) Lifetime limits on the dollar value of benefits for an enrollee or a dependent
19of an enrollee under the plan.
AB56-SA2,68,2120 (b) Annual limits on the dollar value of benefits for an enrollee or a dependent
21of an enrollee under the plan.
AB56-SA2,69,4 22(6) Short-term plans. This section and s. 632.76 apply to every short-term,
23limited-duration health insurance policy. In this subsection, “short-term,
24limited-duration health insurance policy” means health coverage that is provided
25under a contract with an insurer, has an expiration date specified in the contract that

1is less than 12 months after the original effective date of the contract, and, taking
2into account renewals or extensions, has a duration of no longer than 36 months in
3total. “Short-term, limited-duration health insurance policy” includes any
4short-term policy subject to s. 632.7495 (4).
AB56-SA2,2080i 5Section 2080i. 632.746 (1) (a) of the statutes is renumbered 632.746 (1) and
6amended to read:
AB56-SA2,69,137 632.746 (1) Subject to subs. (2) and (3), an An insurer that offers a group health
8benefit plan may, with respect to a participant or beneficiary under the plan, not
9impose a preexisting condition exclusion only if the exclusion relates to a condition,
10whether physical or mental, regardless of the cause of the condition, for which
11medical advice, diagnosis, care or treatment was recommended or received within
12the 6-month period ending on the participant's or beneficiary's enrollment date
13under the plan
on a participant or beneficiary under the plan.
AB56-SA2,2081i 14Section 2081i. 632.746 (1) (b) of the statutes is repealed.
AB56-SA2,2082i 15Section 2082i. 632.746 (2) (a) of the statutes is amended to read:
AB56-SA2,69,1916 632.746 (2) (a) An insurer offering a group health benefit plan may not treat
17impose a preexisting condition exclusion based on genetic information as a
18preexisting condition under sub. (1) without a diagnosis of a condition related to the
19information
.
AB56-SA2,2083i 20Section 2083i. 632.746 (2) (c), (d) and (e) of the statutes are repealed.
AB56-SA2,2084i 21Section 2084i. 632.746 (3) (a) of the statutes is repealed.
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