Amendment AA8-ASA2-AB50

AB50-ASA2-AA8,23,18 4. No later than July 1, 2028, the commissioner shall submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report on the results of the surveys under subds. 1. and 2.

AB50-ASA2-AA8,23,23 (9) Penalty. A manufacturer that violates this section may be required to forfeit not more than $200,000 per month of violation, with the maximum forfeiture increasing to $400,000 per month if the manufacturer continues to be in violation after 6 months and increasing to $600,000 per month if the manufacturer continues to be in violation after one year.”.

AB50-ASA2-AA8,24,1 9. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,24,2 “Section 14. 609.83 of the statutes is amended to read:

AB50-ASA2-AA8,24,5 609.83 Coverage of drugs and devices. Limited service health organizations, preferred provider plans, and defined network plans are subject to ss. 632.853, 632.861, and 632.895 (6) (b), (16t), and (16v).

AB50-ASA2-AA8,15 Section 15. 632.895 (6) (title) of the statutes is amended to read:

AB50-ASA2-AA8,24,8 632.895 (6) (title) Equipment and supplies for treatment of diabetes; insulin.

AB50-ASA2-AA8,16 Section 16. 632.895 (6) of the statutes is renumbered 632.895 (6) (a) and amended to read:

AB50-ASA2-AA8,24,21 632.895 (6) (a) Every disability insurance policy which that provides coverage of expenses incurred for treatment of diabetes shall provide coverage for expenses incurred by the installation and use of an insulin infusion pump, coverage for all other equipment and supplies, including insulin or any other prescription medication, used in the treatment of diabetes, and coverage of diabetic self- management education programs. Coverage Except as provided in par. (b), coverage required under this subsection shall be subject to the same exclusions, limitations, deductibles, and coinsurance provisions of the policy as other covered expenses, except that insulin infusion pump coverage may be limited to the purchase of one pump per year and the insurer may require the insured to use a pump for 30 days before purchase.

AB50-ASA2-AA8,17 Section 17. 632.895 (6) (b) of the statutes is created to read:

AB50-ASA2-AA8,24,23 632.895 (6) (b) 1. In this paragraph:

AB50-ASA2-AA8,25,3 a. “Cost sharing” means the total of any deductible, copayment, or coinsurance amounts imposed on a person covered under a disability insurance policy or self-insured health plan.

AB50-ASA2-AA8,25,4 b. “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

AB50-ASA2-AA8,25,7 2. Every disability insurance policy and self-insured health plan that covers insulin and imposes cost sharing on prescription drugs may not impose cost sharing on insulin in an amount that exceeds $35 for a one-month supply of insulin.

AB50-ASA2-AA8,25,11 3. Nothing in this paragraph prohibits a disability insurance policy or self- insured health plan from imposing cost sharing on insulin in an amount less than the amount specified under subd. 2. Nothing in this paragraph requires a disability insurance policy or self-insured health plan to impose any cost sharing on insulin.

AB50-ASA2-AA8,9423 Section 9423. Effective dates; Insurance.

AB50-ASA2-AA8,25,16 (1) Cost-sharing cap on insulin. The treatment of ss. 609.83 and 632.895 (6) (title), the renumbering and amendment of s. 632.895 (6), and the creation of s. 632.895 (6) (b) take effect on the first day of the 4th month beginning after publication.”.

AB50-ASA2-AA8,25,17 10. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,25,18 “Section 18. 40.51 (8) of the statutes is amended to read:

AB50-ASA2-AA8,25,23 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.722, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (3) to (6), 632.885, 632.89, 632.895 (5m) and (8) to (17), and 632.896.

AB50-ASA2-AA8,19 Section 19. 40.51 (8m) of the statutes is amended to read:

AB50-ASA2-AA8,26,5 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.722, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.885, 632.89, and 632.895 (11) to (17).

AB50-ASA2-AA8,20 Section 20. 66.0137 (4) of the statutes is amended to read:

AB50-ASA2-AA8,26,13 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.722, 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (4) to (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB50-ASA2-AA8,21 Section 21. 120.13 (2) (g) of the statutes is amended to read:

AB50-ASA2-AA8,26,18 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.722, 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (4) to (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB50-ASA2-AA8,22 Section 22. 185.983 (1) (intro.) of the statutes is amended to read:

AB50-ASA2-AA8,27,3 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.722, 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (2) to (6), 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB50-ASA2-AA8,23 Section 23. 609.83 of the statutes is amended to read:

AB50-ASA2-AA8,27,8 609.83 Coverage of drugs and devices; application of payments. Limited service health organizations, preferred provider plans, and defined network plans are subject to ss. 632.853, 632.861, 632.862, and 632.895 (16t) and (16v).

AB50-ASA2-AA8,24 Section 24. 632.862 of the statutes is created to read:

AB50-ASA2-AA8,27,11 632.862 Application of prescription drug payments. (1) Definitions. In this section:

AB50-ASA2-AA8,27,12 (a) “Brand name” has the meaning given in s. 450.12 (1) (a).

AB50-ASA2-AA8,27,13 (b) “Brand name drug” means any of the following:

AB50-ASA2-AA8,27,15 1. A prescription drug that contains a brand name and that has no generic equivalent.

AB50-ASA2-AA8,27,20 2. A prescription drug that contains a brand name and has a generic equivalent but for which the enrollee has received prior authorization from the insurer offering the disability insurance policy or self-insured health plan or authorization from a physician to obtain the prescription drug under the disability insurance policy or self-insured health plan.

AB50-ASA2-AA8,27,21 (c) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).

AB50-ASA2-AA8,27,22 (d) “Prescription drug” has the meaning given in s. 450.01 (20).

AB50-ASA2-AA8,28,2 (e) “Self-insured health plan” means a self-insured health plan of the state or a county, city, village, town, or school district.

AB50-ASA2-AA8,28,8 (2) Application of discounts. A disability insurance policy that offers a prescription drug benefit or a self-insured health plan shall apply to any calculation of an out-of-pocket maximum amount and to any deductible of the disability insurance policy or self-insured health plan for an enrollee the amount that any discount provided by the manufacturer of a brand name drug reduces the cost sharing amount charged to the enrollee for that brand name drug.

AB50-ASA2-AA8,9323 Section 9323. Initial applicability; Insurance.

AB50-ASA2-AA8,28,10 (1) Application of manufacturer discounts.

AB50-ASA2-AA8,28,16 (a) For policies and plans containing provisions inconsistent with the treatment of ss. 40.51 (8) and (8m), 66.0137 (4), 120.13 (2) (g), 185.983 (1) (intro.), 609.83, and 632.862, the treatment of ss. 40.51 (8) and (8m), 66.0137 (4), 120.13 (2) (g), 185.983 (1) (intro.), 609.83, and 632.862 first applies to policy or plan years beginning on January 1 of the year following the year in which this paragraph takes effect, except as provided in par. (b).

AB50-ASA2-AA8,28,23 (b) For policies or plans that are affected by a collective bargaining agreement containing provisions inconsistent with the treatment of ss. 40.51 (8) and (8m), 66.0137 (4), 120.13 (2) (g), 185.983 (1) (intro.), 609.83, and 632.862, the treatment of ss. 40.51 (8) and (8m), 66.0137 (4), 120.13 (2) (g), 185.983 (1) (intro.), 609.83, and 632.862 first applies to policy or plan years beginning on the effective date of this paragraph or on the day on which the collective bargaining agreement is newly established, extended, modified, or renewed, whichever is later.

AB50-ASA2-AA8,9423 Section 9423. Effective dates; Insurance.

AB50-ASA2-AA8,29,5 (1) Application of manufacturer discounts. The treatment of ss. 40.51 (8) and (8m), 66.0137 (4), 120.13 (2) (g), 185.983 (1) (intro.), 609.83, and 632.862 and Section 9323 (1) take effect on the first day of the 4th month beginning after publication.”.

AB50-ASA2-AA8,29,6 11. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,29,14 “Section 25. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

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AB50-ASA2-AA8,26 Section 26. 20.115 (4) (aq) of the statutes is created to read:

AB50-ASA2-AA8,29,18 20.115 (4) (aq) Food security and Wisconsin products grants. As a continuing appropriation, the amounts in the schedule for food security and Wisconsin products grants under s. 93.62.

AB50-ASA2-AA8,27 Section 27. 93.62 of the statutes is created to read:

AB50-ASA2-AA8,30,2 93.62 Food security and Wisconsin products grant program. The department may award grants from the appropriation under s. 20.115 (4) (aq) to nonprofit food banks, nonprofit food pantries, and other nonprofit organizations that provide food assistance for the purpose of purchasing food products that are made or grown in this state.”.

AB50-ASA2-AA8,30,3 12. At the appropriate places, insert all of the following:

AB50-ASA2-AA8,30,4 “Section 28. 609.712 of the statutes is created to read:

AB50-ASA2-AA8,30,7 609.712 Essential health benefits; preventive services. Defined network plans and preferred provider plans are subject to s. 632.895 (13m) and (14m).

AB50-ASA2-AA8,29 Section 29. 609.847 of the statutes is created to read:

AB50-ASA2-AA8,30,11 609.847 Preexisting condition discrimination and certain benefit limits prohibited. Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.728.

AB50-ASA2-AA8,30 Section 30. 625.12 (1) (a) of the statutes is amended to read:

AB50-ASA2-AA8,30,14 625.12 (1) (a) Past and prospective loss and expense experience within and outside of this state, except as provided in s. 632.728.

AB50-ASA2-AA8,31 Section 31. 625.12 (1) (e) of the statutes is amended to read:

AB50-ASA2-AA8,30,17 625.12 (1) (e) Subject to s. ss. 632.365 and 632.728, all other relevant factors, including the judgment of technical personnel.

AB50-ASA2-AA8,32 Section 32. 625.12 (2) of the statutes is amended to read:

AB50-ASA2-AA8,31,4 625.12 (2) Classification. Except as provided in s. ss. 632.728 and 632.729, risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that no classifications may be based on race, color, creed or national origin, and classifications in automobile insurance may not be based on physical condition or developmental disability as defined in s. 51.01 (5). Subject to ss. 632.365, 632.728, and 632.729, rates thus produced may be modified for individual risks in accordance with rating plans or schedules that establish reasonable standards for measuring probable variations in hazards, expenses, or both. Rates may also be modified for individual risks under s. 625.13 (2).

AB50-ASA2-AA8,33 Section 33. 625.15 (1) of the statutes is amended to read:

AB50-ASA2-AA8,31,13 625.15 (1) Rate making. An Except as provided in s. 632.728, an insurer may itself establish rates and supplementary rate information for one or more market segments based on the factors in s. 625.12 and, if the rates are for motor vehicle liability insurance, subject to s. 632.365, or the insurer may use rates and supplementary rate information prepared by a rate service organization, with average expense factors determined by the rate service organization or with such modification for its own expense and loss experience as the credibility of that experience allows.

AB50-ASA2-AA8,34 Section 34. 628.34 (3) (a) of the statutes is amended to read:

AB50-ASA2-AA8,31,22 628.34 (3) (a) No insurer may unfairly discriminate among policyholders by charging different premiums or by offering different terms of coverage except on the basis of classifications related to the nature and the degree of the risk covered or the expenses involved, subject to ss. 632.365, 632.728, 632.729, 632.746, and 632.748. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, blanket or franchise policy, and terms are not unfairly discriminatory merely because they are more favorable than in a similar individual policy.

AB50-ASA2-AA8,35 Section 35. 632.728 of the statutes is created to read:

AB50-ASA2-AA8,32,2 632.728 Coverage of persons with preexisting conditions; guaranteed issue; benefit limits. (1) Definitions. In this section:

AB50-ASA2-AA8,32,4 (a) “Cost sharing” includes deductibles, coinsurance, copayments, or similar charges.

AB50-ASA2-AA8,32,5 (b) “Health benefit plan” has the meaning given in s. 632.745 (11).

AB50-ASA2-AA8,32,6 (c) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

AB50-ASA2-AA8,32,13 (2) Guaranteed issue. (a) Every individual health benefit plan shall accept every individual in this state who, and every group health benefit plan shall accept every employer in this state that, applies for coverage, regardless of the sexual orientation, the gender identity, or any preexisting condition of any individual or employee who will be covered by the plan. A health benefit plan may restrict enrollment in coverage described in this paragraph to open or special enrollment periods.

AB50-ASA2-AA8,32,17 (b) The commissioner shall establish a statewide open enrollment period that is no shorter than 30 days, during which every individual health benefit plan shall allow individuals, including individuals who do not have coverage, to enroll in coverage.

AB50-ASA2-AA8,32,22 (3) Prohibiting discrimination based on health status. (a) An individual health benefit plan or a self-insured health plan may not establish rules for the eligibility of any individual to enroll, or for the continued eligibility of any individual to remain enrolled, under the plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual:

AB50-ASA2-AA8,32,23 1. Health status.

AB50-ASA2-AA8,33,1 2. Medical condition, including both physical and mental illnesses.

AB50-ASA2-AA8,33,2 3. Claims experience.

AB50-ASA2-AA8,33,3 4. Receipt of health care.

AB50-ASA2-AA8,33,4 5. Medical history.

AB50-ASA2-AA8,33,5 6. Genetic information.

AB50-ASA2-AA8,33,7 7. Evidence of insurability, including conditions arising out of acts of domestic violence.

AB50-ASA2-AA8,33,8 8. Disability.

AB50-ASA2-AA8,33,16 (b) An insurer offering an individual health benefit plan or a self-insured health plan may not require any individual, as a condition of enrollment or continued enrollment under the plan, to pay, on the basis of any health status- related factor under par. (a) with respect to the individual or a dependent of the individual, a premium or contribution or a deductible, copayment, or coinsurance amount that is greater than the premium or contribution or deductible, copayment, or coinsurance amount, respectively, for an otherwise similarly situated individual enrolled under the plan.

AB50-ASA2-AA8,33,20 (c) Nothing in this subsection prevents an insurer offering an individual health benefit plan or a self-insured health plan from establishing premium discounts or rebates or modifying otherwise applicable cost sharing in return for adherence to programs of health promotion and disease prevention.

AB50-ASA2-AA8,33,23 (4) Premium rate variation. A health benefit plan offered on the individual or small employer market or a self-insured health plan may vary premium rates for a specific plan based only on the following considerations:

AB50-ASA2-AA8,34,1 (a) Whether the policy or plan covers an individual or a family.

AB50-ASA2-AA8,34,2 (b) Rating area in the state, as established by the commissioner.