SB59,1039,86
55. Screening for chlamydia for pregnant and sexually active females 24 years
7of age and younger and females older than 24 years of age who are at risk for
8infection.
SB59,1039,109
56. Screening for syphilis for pregnant women and adults who are at high risk
10for infection.
SB59,1039,1311
57. Human immunodeficiency virus screening for adults who have attained the
12age of 15 years but have not attained the age of 66 years and individuals at high risk
13of infection who are younger than 15 years of age or older than 65 years of age.
SB59,1039,1414
58. All contraceptives and services in accordance with sub. (17).
SB59,1039,1615
59. Any services not already specified under this paragraph having an A or B
16rating in current recommendations from the U.S. preventive services task force.
SB59,1039,1917
60. Any preventive services not already specified under this paragraph that are
18recommended by the federal health resources and services administration's Bright
19Futures project.
SB59,1039,2220
61. Any immunizations, not already specified under sub. (14), that are
21recommended and determined to be for routine use by the federal advisory
22committee on immunization practices.
SB59,1039,2523
(c) Subject to par. (d), no disability insurance policy and no self-insured health
24plan may subject the coverage of any of the preventive services under par. (b) to any
25deductibles, copayments, or coinsurance under the policy or plan.
SB59,1040,4
1(d) 1. If an office visit and a preventive service specified under par. (b) are billed
2separately by the health care provider, the disability insurance policy or self-insured
3health plan may apply deductibles to and impose copayments or coinsurance on the
4office visit but not on the preventive service.
SB59,1040,75
2. If the primary reason for an office visit is not to obtain a preventive service,
6the disability insurance policy or self-insured health plan may apply deductibles to
7and impose copayments or coinsurance on the office visit.
SB59,1040,178
3. Except as otherwise provided in this subdivision, if a preventive service
9specified under par. (b) is provided by a health care provider that is outside the
10disability insurance policy's or self-insured health plan's network of providers, the
11policy or plan may apply deductibles to and impose copayments or coinsurance on the
12office visit and the preventive service. If a preventive service specified under par. (b)
13is provided by a health care provider that is outside the disability insurance policy's
14or self-insured health plan's network of providers because there is no available
15health care provider in the policy's or plan's network of providers that provides the
16preventive service, the policy or plan may not apply deductibles to or impose
17copayments or coinsurance on the preventive service.
SB59,1040,2218
4. If multiple well-woman visits described under par. (b) 47. are required to
19fulfill all necessary preventive services and are in accordance with clinical
20recommendations, the disability insurance policy or self-insured health plan may
21not apply a deductible to or impose a copayment or coinsurance on any of those
22well-woman visits.
SB59,2099
23Section
2099. 632.895 (14) (a) 1. i. and j. of the statutes are amended to read:
SB59,1040,2424
632.895
(14) (a) 1. i. Hepatitis
A and B.
SB59,1040,2525
j. Varicella
and herpes zoster.
SB59,2100
1Section
2100. 632.895 (14) (a) 1. k. to o. of the statutes are created to read:
SB59,1041,22
632.895
(14) (a) 1. k. Human papillomavirus.
SB59,1041,33
L. Meningococcal meningitis.
SB59,1041,44
m. Pneumococcal pneumonia.
SB59,1041,55
n. Influenza.
SB59,1041,66
o. Rotavirus.
SB59,2101
7Section
2101. 632.895 (14) (b) of the statutes is amended to read:
SB59,1041,138
632.895
(14) (b) Except as provided in par. (d), every disability insurance policy,
9and every self-insured health plan of the state or a county, city, town, village
, or
10school district,
that provides coverage for a dependent of the insured shall provide
11coverage of appropriate and necessary immunizations
, from birth to the age of 6
12years, for
an insured or plan participant, including a dependent
who is a child of the
13insured
or plan participant.
SB59,2102
14Section
2102. 632.895 (14) (c) of the statutes is amended to read:
SB59,1041,1915
632.895
(14) (c) The coverage required under par. (b) may not be subject to any
16deductibles, copayments, or coinsurance under the policy or plan.
This paragraph
17applies to a defined network plan, as defined in s. 609.01 (1b), only with respect to
18appropriate and necessary immunizations provided by providers participating, as
19defined in s. 609.01 (3m), in the plan.
SB59,2103
20Section
2103. 632.895 (14) (d) 3. of the statutes is amended to read:
SB59,1041,2321
632.895
(14) (d) 3. A health care plan offered by a limited service health
22organization, as defined in s. 609.01 (3)
, or by a preferred provider plan, as defined
23in s. 609.01 (4), that is not a defined network plan, as defined in s. 609.01 (1b).
SB59,2104
24Section
2104. 632.895 (14m) of the statutes is created to read:
SB59,1042,2
1632.895
(14m) Essential health benefits. (a) In this subsection,
2“self-insured health plan” has the meaning given in s. 632.85 (1) (c).
SB59,1042,63
(b) On a date specified by the commissioner, by rule, every disability insurance
4policy, except as provided in par. (g), and every self-insured health plan shall provide
5coverage for essential health benefits as determined by the commissioner, by rule,
6subject to par. (c).
SB59,1042,87
(c) In determining the essential health benefits for which coverage is required
8under par. (b), the commissioner shall do all of the following:
SB59,1042,109
1. Include benefits, items, and services in, at least, all of the following
10categories:
SB59,1042,1111
a. Ambulatory patient services.
SB59,1042,1212
b. Emergency services.
SB59,1042,1313
c. Hospitalization.
SB59,1042,1414
d. Maternity and newborn care.
SB59,1042,1615
e. Mental health and substance use disorder services, including behavioral
16health treatment.
SB59,1042,1717
f. Prescription drugs.
SB59,1042,1818
g. Rehabilitative and habilitative services and devices.
SB59,1042,1919
h. Laboratory services.
SB59,1042,2020
i. Preventive and wellness services and chronic disease management.
SB59,1042,2121
j. Pediatric services, including oral and vision care.
SB59,1043,222
2. Conduct a survey of employer-sponsored coverage to determine benefits
23typically covered by employers and ensure that the scope of essential health benefits
24for which coverage is required under this subsection is equal to the scope of benefits
1covered under a typical disability insurance policy offered by an employer to its
2employees.
SB59,1043,43
3. Ensure that essential health benefits reflect a balance among the categories
4described in subd. 1. such that benefits are not unduly weighted toward one category.
SB59,1043,65
4. Ensure that essential health benefit coverage is provided with no or limited
6cost-sharing requirements.
SB59,1043,107
5. Require that disability insurance policies and self-insured health plans do
8not make coverage decisions, determine reimbursement rates, establish incentive
9programs, or design benefits in ways that discriminate against individuals because
10of their age, disability, or expected length of life.
SB59,1043,1311
6. Establish essential health benefits in a way that takes into account the
12health care needs of diverse segments of the population, including women, children,
13persons with disabilities, and other groups.
SB59,1043,1714
7. Ensure that essential health benefits established under this subsection are
15not subject to a coverage denial based on an insured's or plan participant's age,
16expected length of life, present or predicted disability, degree of dependency on
17medical care, or quality of life.
SB59,1043,2418
8. Require that disability insurance policies and self-insured health plans
19cover emergency department services that are essential health benefits without
20imposing any requirement to obtain prior authorization for those services and
21without limiting coverage for services provided by an emergency services provider
22that is not in the provider network of a policy or plan in a way that is more restrictive
23than requirements or limitations that apply to emergency services provided by a
24provider that is in the provider network of the policy or plan.
SB59,1044,5
19. Require a disability insurance policy or self-insured health plan to apply to
2emergency department services that are essential health benefits provided by an
3emergency department provider that is not in the provider network of the policy or
4plan the same copayment amount or coinsurance rate that applies if those services
5are provided by a provider that is in the provider network of the policy or plan.
SB59,1044,76
(d) The commissioner shall periodically update, by rule, the essential health
7benefits under this subsection to address any gaps in access to coverage.
SB59,1044,128
(e) If an essential health benefit is also subject to mandated coverage elsewhere
9under this section and the coverage requirements are not identical, the disability
10insurance policy or self-insured health plan shall provide coverage under whichever
11subsection provides the insured or plan participant with more comprehensive
12coverage of the medical condition, item, or service.
SB59,1044,1613
(f) Nothing in this subsection or rules promulgated under this subsection
14prohibits a disability insurance policy or a self-insured health plan from providing
15benefits in excess of the essential health benefit coverage required under this
16subsection.
SB59,1044,1817
(g) This subsection does not apply to any disability insurance policy that is
18described in s. 632.745 (11) (b) 1. to 12.
SB59,2105
19Section
2105. 632.895 (16m) (b) of the statutes is amended to read:
SB59,1044,2420
632.895
(16m) (b) The coverage required under this subsection may be subject
21to any limitations
, or exclusions
, or cost-sharing provisions that apply generally
22under the disability insurance policy or self-insured health plan.
The coverage
23required under this subsection may not be subject to any deductibles, copayments,
24or coinsurance.
SB59,2106
25Section
2106. 632.895 (17) (b) 2. of the statutes is amended to read:
SB59,1045,5
1632.895
(17) (b) 2. Outpatient consultations, examinations, procedures, and
2medical services that are necessary to prescribe, administer, maintain, or remove a
3contraceptive,
if covered for any other drug benefits under the policy or plan 4sterilization procedures, and patient education and counseling for all females with
5reproductive capacity.
SB59,2107
6Section
2107. 632.895 (17) (c) of the statutes is amended to read:
SB59,1045,217
632.895
(17) (c) Coverage under par. (b) may be subject only to the exclusions
, 8and limitations
, or cost-sharing provisions that apply generally to the coverage of
9outpatient health care services, preventive treatments and services, or prescription
10drugs and devices that is provided under the policy or self-insured health plan.
A
11disability insurance policy or self-insured health plan may not apply a deductible or
12impose a copayment or coinsurance to at least one of each type of contraceptive
13method approved by the federal food and drug administration for which coverage is
14required under this subsection. The disability insurance policy or self-insured
15health plan may apply reasonable medical management to a method of contraception
16to limit coverage under this subsection that is provided without being subject to a
17deductible, copayment, or coinsurance to prescription drugs without a brand name.
18The disability insurance policy or self-insured health plan may apply a deductible
19or impose a copayment or coinsurance for coverage of a contraceptive that is
20prescribed for a medical need if the services for the medical need would otherwise be
21subject to a deductible, copayment, or coinsurance.
SB59,2108
22Section
2108. 632.897 (11) (a) of the statutes is amended to read:
SB59,1046,623
632.897
(11) (a) Notwithstanding subs. (2) to (10), the commissioner may
24promulgate rules establishing standards requiring insurers to provide continuation
25of coverage for any individual covered at any time under a group policy who is a
1terminated insured or an eligible individual under any federal program that
2provides for a federal premium subsidy for individuals covered under continuation
3of coverage under a group policy, including rules governing election or extension of
4election periods, notice, rates, premiums, premium payment,
application of
5preexisting condition exclusions, election of alternative coverage, and status as an
6eligible individual, as defined in s. 149.10 (2t), 2011 stats.
SB59,2109
7Section
2109. 701.0508 (1) (b) 1. of the statutes is amended to read:
SB59,1046,138
701.0508
(1) (b) 1. The claim is a claim based on tort, on a marital property
9agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on
10Wisconsin income, franchise, sales, withholding, gift, or death taxes, or on
11unemployment compensation contributions due or benefits overpaid; a claim for
12funeral or administrative expenses; a claim of this state under s. 46.27 (7g),
2017
13stats., 49.496, 49.682, or 49.849; or a claim of the United States.
SB59,2110
14Section
2110. 705.04 (2g) of the statutes is amended to read:
SB59,1046,2215
705.04
(2g) Notwithstanding subs. (1) and (2), the department of health
16services may collect, from funds of a decedent that are held by the decedent
17immediately before death in a joint account or a P.O.D. account, an amount equal to
18the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal
19to aid under s. 49.68, 49.683, 49.685, or 49.785 that is recoverable under s. 49.682 (2)
20(a) or (am), or an amount equal to long-term community support services under s.
2146.27
, 2017 stats., that is recoverable under s. 46.27 (7g) (c) 1.
, 2017 stats., and that
22was paid on behalf of the decedent or the decedent's spouse.
SB59,2111
23Section
2111. 706.11 (4) of the statutes is amended to read:
SB59,1047,3
1706.11
(4) Subsection (1) does not apply to a 2nd mortgage assigned to or
2executed to the department of veterans affairs under s. 45.80 (4) (a) 1., 1989 stats.,
3or s. 45.37 (3)
, 2017 stats.
SB59,2112
4Section
2112. 766.55 (2) (bm) of the statutes is amended to read:
SB59,1047,75
766.55
(2) (bm) An obligation incurred by a spouse that is recoverable under
6s. 46.27 (7g),
2017 stats., 49.496, 49.682, or 49.849 may be satisfied from all property
7that was the property of that spouse immediately before that spouse's death.
SB59,2113
8Section 2113
. 767.41 (5) (am) (intro.) of the statutes is amended to read:
SB59,1047,149
767.41
(5) (am) (intro.) Subject to pars. (bm)
and, (c),
and (d), in determining
10legal custody and periods of physical placement, the court shall consider all facts
11relevant to the best interest of the child. The court may not prefer one parent or
12potential custodian over the other on the basis of the sex or race of the parent or
13potential custodian. Subject to pars. (bm)
and
, (c),
and (d), the court shall consider
14the following factors in making its determination:
SB59,2114
15Section 2114
. 767.41 (5) (d) of the statutes is created to read:
SB59,1047,2216
767.41
(5) (d) The court may not consider as a factor in determining the legal
17custody of a child whether a parent or potential custodian holds, or has applied for,
18a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject
19of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying
20patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44
21(1) (d), unless the parent or potential custodian's behavior creates an unreasonable
22danger to the child that can be clearly articulated and substantiated.
SB59,2115
23Section
2115. 767.451 (5m) (a) of the statutes is amended to read:
SB59,1048,224
767.451
(5m) (a) Subject to pars. (b)
and, (c),
and (d), in all actions to modify
25legal custody or physical placement orders, the court shall consider the factors under
1s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
2a manner consistent with s. 767.41.
SB59,2116
3Section 2116
. 767.451 (5m) (d) of the statutes is created to read:
SB59,1048,114
767.451
(5m) (d) In an action to modify a legal custody order, the court may not
5consider as a factor in making a determination whether a parent or potential
6custodian holds, or has applied for, a registry identification card, as defined in s.
7146.44 (1) (g), is or has been the subject of a written certification, as defined in s.
8146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or
9a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential
10custodian's behavior creates an unreasonable danger to the child that can be clearly
11articulated and substantiated.
SB59,2117
12Section
2117. 767.57 (1e) (c) of the statutes is amended to read:
SB59,1048,1813
767.57
(1e) (c) The department or its designee shall collect an annual fee of
$25 14$35 from every individual receiving child support or family support payments. In
15applicable cases, the fee shall comply with all requirements under
42 USC 654 (6)
16(B). The department or its designee may deduct the fee from maintenance, child or
17family support, or arrearage payments. Fees collected under this paragraph shall
18be deposited in the appropriation account under s. 20.437 (2) (ja).
SB59,2118
19Section 2118
. 767.805 (4) (d) of the statutes is repealed.
SB59,2119
20Section 2119
. 767.89 (3) (e) of the statutes is repealed.
SB59,2120
21Section 2120
. 801.02 (1) of the statutes is amended to read:
SB59,1049,222
801.02
(1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a
23personal judgment is sought is commenced as to any defendant when a summons and
24a complaint naming the person as defendant are filed with the court, provided service
1of an authenticated copy of the summons and of the complaint is made upon the
2defendant under this chapter within 90 days after filing.
SB59,2121
3Section 2121
. 801.50 (3) (b) of the statutes is amended to read:
SB59,1049,54
801.50
(3) (b) All actions relating to the validity or invalidly of a rule
or
5guidance document shall be venued as provided in s. 227.40 (1).
SB59,2122
6Section 2122
. 803.09 (1) of the statutes is amended to read:
SB59,1049,127
803.09
(1) Upon Except as provided in s. 20.9315, upon timely motion anyone
8shall be permitted to intervene in an action when the movant claims an interest
9relating to the property or transaction which is the subject of the action and the
10movant is so situated that the disposition of the action may as a practical matter
11impair or impede the movant's ability to protect that interest, unless the movant's
12interest is adequately represented by existing parties.
SB59,2123
13Section 2123
. 803.09 (2) of the statutes is amended to read: