Amendment SA2-AB56

AB56-SA2,84,22 2. Conduct a survey of employer-sponsored coverage to determine benefits typically covered by employers and ensure that the scope of essential health benefits for which coverage is required under this subsection is equal to the scope of benefits covered under a typical disability insurance policy offered by an employer to its employees.

AB56-SA2,84,24 3. Ensure that essential health benefits reflect a balance among the categories described in subd. 1. such that benefits are not unduly weighted toward one category.

AB56-SA2,85,2 4. Ensure that essential health benefit coverage is provided with no or limited cost-sharing requirements.

AB56-SA2,85,6 5. Require that disability insurance policies and self-insured health plans do not make coverage decisions, determine reimbursement rates, establish incentive programs, or design benefits in ways that discriminate against individuals because of their age, disability, or expected length of life.

AB56-SA2,85,9 6. Establish essential health benefits in a way that takes into account the health care needs of diverse segments of the population, including women, children, persons with disabilities, and other groups.

AB56-SA2,85,13 7. Ensure that essential health benefits established under this subsection are not subject to a coverage denial based on an insured's or plan participant's age, expected length of life, present or predicted disability, degree of dependency on medical care, or quality of life.

AB56-SA2,85,20 8. Require that disability insurance policies and self-insured health plans cover emergency department services that are essential health benefits without imposing any requirement to obtain prior authorization for those services and without limiting coverage for services provided by an emergency services provider that is not in the provider network of a policy or plan in a way that is more restrictive than requirements or limitations that apply to emergency services provided by a provider that is in the provider network of the policy or plan.

AB56-SA2,85,25 9. Require a disability insurance policy or self-insured health plan to apply to emergency department services that are essential health benefits provided by an emergency department provider that is not in the provider network of the policy or plan the same copayment amount or coinsurance rate that applies if those services are provided by a provider that is in the provider network of the policy or plan.

AB56-SA2,86,2 (d) The commissioner shall periodically update, by rule, the essential health benefits under this subsection to address any gaps in access to coverage.

AB56-SA2,86,7 (e) If an essential health benefit is also subject to mandated coverage elsewhere under this section and the coverage requirements are not identical, the disability insurance policy or self-insured health plan shall provide coverage under whichever subsection provides the insured or plan participant with more comprehensive coverage of the medical condition, item, or service.

AB56-SA2,86,11 (f) Nothing in this subsection or rules promulgated under this subsection prohibits a disability insurance policy or a self-insured health plan from providing benefits in excess of the essential health benefit coverage required under this subsection.

AB56-SA2,86,13 (g) This subsection does not apply to any disability insurance policy that is described in s. 632.745 (11) (b) 1. to 12.

AB56-SA2,2105i Section 2105i. 632.895 (16m) (b) of the statutes is amended to read:

AB56-SA2,86,19 632.895 (16m) (b) The coverage required under this subsection may be subject to any limitations, or exclusions, or cost-sharing provisions that apply generally under the disability insurance policy or self-insured health plan. The coverage required under this subsection may not be subject to any deductibles, copayments, or coinsurance.

AB56-SA2,2106i Section 2106i. 632.895 (17) (b) 2. of the statutes is amended to read:

AB56-SA2,86,25 632.895 (17) (b) 2. Outpatient consultations, examinations, procedures, and medical services that are necessary to prescribe, administer, maintain, or remove a contraceptive, if covered for any other drug benefits under the policy or plan sterilization procedures, and patient education and counseling for all females with reproductive capacity.

AB56-SA2,2107i Section 2107i. 632.895 (17) (c) of the statutes is amended to read:

AB56-SA2,87,16 632.895 (17) (c) Coverage under par. (b) may be subject only to the exclusions, and limitations, or cost-sharing provisions that apply generally to the coverage of outpatient health care services, preventive treatments and services, or prescription drugs and devices that is provided under the policy or self-insured health plan. A disability insurance policy or self-insured health plan may not apply a deductible or impose a copayment or coinsurance to at least one of each type of contraceptive method approved by the federal food and drug administration for which coverage is required under this subsection. The disability insurance policy or self-insured health plan may apply reasonable medical management to a method of contraception to limit coverage under this subsection that is provided without being subject to a deductible, copayment, or coinsurance to prescription drugs without a brand name. The disability insurance policy or self-insured health plan may apply a deductible or impose a copayment or coinsurance for coverage of a contraceptive that is prescribed for a medical need if the services for the medical need would otherwise be subject to a deductible, copayment, or coinsurance.

AB56-SA2,2108i Section 2108i. 632.897 (11) (a) of the statutes is amended to read:

AB56-SA2,88,2 632.897 (11) (a) Notwithstanding subs. (2) to (10), the commissioner may promulgate rules establishing standards requiring insurers to provide continuation of coverage for any individual covered at any time under a group policy who is a terminated insured or an eligible individual under any federal program that provides for a federal premium subsidy for individuals covered under continuation of coverage under a group policy, including rules governing election or extension of election periods, notice, rates, premiums, premium payment, application of preexisting condition exclusions, election of alternative coverage, and status as an eligible individual, as defined in s. 149.10 (2t), 2011 stats.”.

AB56-SA2,88,3 105. Page 455, line 18: after that line insert:

AB56-SA2,88,4 “ Section 2118m. 767.805 (4) (d) of the statutes is repealed.

AB56-SA2,2119m Section 2119m. 767.89 (3) (e) of the statutes is repealed.”.

AB56-SA2,88,6 106. Page 460, line 2: after that line insert:

AB56-SA2,88,7 “ Section 2264g. 2017 Wisconsin Act 370, Section 44 (2) and (3) are repealed.”.

AB56-SA2,88,8 107. Page 488, line 8: after that line insert:

AB56-SA2,88,16 “(1) Prescription drug pooling study. The department of employee trust funds, in consultation with the department of corrections, the department of health services, and the department of veterans affairs, shall study the options and opportunities for cost savings to state agencies through prescription drug pooling. No later than January 1, 2020, the department of employee trust funds shall submit a report of the study to the governor and the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, in the manner provided under s. 13.172 (3).”.

AB56-SA2,88,17 108. Page 488, line 16: after that line insert:

AB56-SA2,88,22 “(1s) Forensic unit expansion at Sand Ridge Secure Treatment Center. From the appropriation under s. 20.435 (2) (bm), the department of health services shall allocate $3,430,900 in fiscal year 2020-21 and create 36.50 FTE GPR positions to operate a 20-bed unit for forensic patients at the Sand Ridge Secure Treatment Center.

AB56-SA2,89,2 (1t) Youth crisis stabilization facilities and peer-run respite centers for veterans. The department of health services shall award in each fiscal year $996,400 in grants to youth crisis stabilization facilities and $450,000 in grants to a peer-run respite center for veterans.”.

AB56-SA2,89,4 109. Page 488, line 17: delete the material beginning with that line and ending with page 489, line 3, and substitute:

AB56-SA2,89,9 “(2b) Medical Assistance reimbursement for services provided through telehealth. The department of health services shall develop, by rule, a method of reimbursing providers under the Medical Assistance program for a service that is covered by the Medical Assistance program under subch. IV of ch. 49 and that satisfies any of the following:

AB56-SA2,89,12 (a) The service is a consultation between a provider at an originating site and a provider at a remote location using a combination of interactive video, audio, and externally acquired images through a networking environment.

AB56-SA2,89,15 (b) The service is an asynchronous transmission of digital clinical information through a secure electronic system from a Medical Assistance recipient or provider to a provider.”.

AB56-SA2,89,16 110. Page 489, line 3: after that line insert:

AB56-SA2,89,20 “(2g) Childless adults demonstration project reform waiver. The department of health services may submit a request to the federal department of health and human services to modify or withdraw the waiver granted under s. 49.45 (23) (g), 2017 stats.

AB56-SA2,89,21 (3g) Academic detailing training program.

AB56-SA2,90,2 (a) In this subsection, “academic detailing” means a teaching model under which health care experts are taught techniques for engaging in interactional educational outreach to other health care providers and clinical staff to provide information on evidence-based practices and successful therapeutic interventions with the goal of improving patient care.

AB56-SA2,90,5 (b) The department of health services shall establish and implement a 2-year academic detailing primary care clinic dementia training program in 10 primary care clinics in the state through a contract with the Wisconsin Alzheimer's Institute.

AB56-SA2,90,10 (c) The department shall, as part of the training program, provide primary care providers with clinical training and access to educational resources on best practices for diagnosis and management of common cognitive disorders, and referral strategies to dementia specialists for complicated or rare cognitive or behavioral disorders.

AB56-SA2,90,12 (d) The department shall ensure that the training program under this subsection includes at least the following three components:

AB56-SA2,90,14 1. The most current research on effective clinical treatments and practices is systematically evaluated by the academic detailing team.

AB56-SA2,90,17 2. Information gathered and evaluated under subd. 1. is packaged into an easily accessible format that is clinically relevant, rigorously sourced, and compellingly formatted.

AB56-SA2,90,21 3. Training is provided for clinicians to serve as academic detailers that equips them with clinical expertise and proficiency in conducting an interactive educational exchange to facilitate individualized learning among participating primary care practitioners in the target clinics.”.

AB56-SA2,90,22 111. Page 489, line 14: after that line insert:

AB56-SA2,91,6 “(4c) Childless adults demonstration project. The department of health services shall submit any necessary request to the federal department of health and human services for a state plan amendment or waiver of federal Medicaid law or to modify or withdraw from any waiver of federal Medicaid law relating to the childless adults demonstration project under s. 49.45 (23), 2017 stats., to reflect the incorporation of recipients of Medical Assistance under the demonstration project into the BadgerCare Plus program under s. 49.471 and the termination of the demonstration project.”.

AB56-SA2,91,7 112. Page 489, line 15: delete lines 15 to 20 and substitute:

AB56-SA2,91,13 “(6b) Evidence-based oral health grants and Seal-A-Smile program. Notwithstanding s. 250.10 (1m) (b), in fiscal year 2019-20, the department of health services shall, from the appropriation under s. 20.435 (1) (de), award to qualified applicants grants totaling $50,000 for fluoride varnish and other evidence-based oral health activities, $525,000 for school-based preventive dental services, and $100,000 for school-based restorative dental services.”.

AB56-SA2,91,14 113. Page 489, line 20: after that line insert:

AB56-SA2,91,21 “(6d) Prescription drug importation program. The department of health services shall submit the first report required under s. 250.048 (5) by the next January 1 or July 1, whichever is earliest, that is at least 180 days after the date the prescription drug importation program is fully operational under s. 250.048 (4). The department of health services shall include in the first 3 reports submitted under s. 250.048 (5) information on the implementation of the audit functions under s. 250.048 (1) (n).”.

AB56-SA2,91,22 114. Page 490, line 5: after that line insert:

AB56-SA2,92,4 “(8m) Community-based doulas. From the appropriation under s. 20.435 (4) (bm), the department of health services shall in fiscal year 2019-20 allocate $192,000 to public or private entities, American Indian tribes or tribal organizations, or community-based organizations for grants for community-based doulas. The recipients of the grants shall use the moneys to identify and train local community workers to mentor pregnant women.”.

AB56-SA2,92,5 115. Page 490, line 6: delete lines 6 to 11 and substitute:

AB56-SA2,92,11 “(9b) Dental services under Medical Assistance. During the 2019-21 fiscal biennium, the department of health services shall allocate a total of $2,000,000 in the 2019-20 fiscal year and $3,000,000 in the 2020-21 fiscal year from all funding sources to increase reimbursement rates for dental services that are covered under the Medical Assistance program under subch. IV of ch. 49 and that are provided to recipients of Medical Assistance who have disabilities.”.

AB56-SA2,92,12 116. Page 490, line 11: after that line insert:

AB56-SA2,92,20 “(9r) Wisconsin chronic disease program. In fiscal year 2019-20, the department of health services shall allocate $3,782,200 from the appropriation under s. 20.435 (4) (e) and $983,500 from the appropriation under s. 20.435 (4) (je) to fund the Wisconsin Chronic Disease Program as provided under ss. 49.68, 49.683, and 49.685. In fiscal year 2020-21, the department of health services shall allocate $3,939,300 from the appropriation under s. 20.435 (4) (e) and $1,027,300 from the appropriation under s. 20.435 (4) (je) to fund the Wisconsin Chronic Disease Program as provided under ss. 49.68, 49.683, and 49.685.”.

AB56-SA2,92,21 117. Page 490, line 12: delete lines 12 to 16 and substitute:

AB56-SA2,93,2 “(10c) Infant mortality prevention program. The department of health services shall allocate 5.0 FTE positions that are authorized for the department of health services to staff an infant mortality prevention program. The department of health services shall report in its 2021-23 budget request any necessary budget adjustments to reflect this allocation of positions.”.

AB56-SA2,93,3 118. Page 490, line 16: after that line insert:

AB56-SA2,93,13 “(10d) Dispatcher assisted cardiopulmonary resuscitation. Beginning in fiscal year 2019-20, the department of health services shall allocate $105,900 each fiscal year to assist public safety answering points in complying with dispatcher training requirements on telephonic assistance on administering cardiopulmonary resuscitation enacted in 2017 Wisconsin Act 296, including $75,900 under 20.435 (1) (cj) for the department of health services to distribute, either as grants to public safety answering points or by contracting with an entity to provide training to public safety answering points, and $30,000 to fund supplies and services for the program under the department of health services general program operations appropriation under s. 20.435 (1) (a).”.

AB56-SA2,93,14 119. Page 491, line 3: delete lines 3 to 15.

AB56-SA2,93,15 120. Page 491, line 15: after that line insert:

AB56-SA2,93,20 “(10s) One-time funding for information technology infrastructure improvements. In fiscal year 2019-20, the department of health services shall allocate $500,000 on a one-time basis to fund information technology infrastructure improvements as part of an automated licensing project and to enable assisted living providers to enter reports online.”.

AB56-SA2,93,24 121. Page 491, line 20: delete the material beginning with “facilities;" and ending with “2020-21" on line 23 and substitute “facilities and an additional $15,000,000, as the state share of payments, and the matching federal share of payments in each of fiscal years 2019-20 and 2020-21”.

AB56-SA2,94,1 122. Page 492, line 1: delete lines 1 to 7 and substitute:

AB56-SA2,94,8 “(12b) Medical Assistance reimbursement rate increase for direct care in personal care agencies. The department of health services shall increase the Medical Assistance rates paid for direct care to agencies that provide personal care services by $15,300,000, as the state share of payments and the matching federal share of payments in fiscal year 2019-20 and $21,600,000, as the state share of payments and the matching federal share of payments in fiscal year 2020-21 to support staff in those agencies who perform direct care.”.

AB56-SA2,94,9 123. Page 492, line 7: after that line insert:

AB56-SA2,94,15 “(13) Lead exposure and poisoning prevention staff. The authorized FTE positions for the department of health services are increased by 1.0 GPR project position for the period ending June 30, 2021, and 1.14 GPR positions beginning on July 1, 2019, to be funded from the appropriation under s. 20.435 (1) (a), for the purpose of administering the department's lead public health outreach initiative and for enhancing the department's lead poisoning prevention programs.”.

AB56-SA2,94,16 124. Page 492, line 18: after that line insert:

AB56-SA2,94,20 “(1k) Prescription drug cost survey. The commissioner of insurance shall conduct a statistically valid survey of pharmacies in this state regarding whether the pharmacy agreed to not disclose that customer drug benefit cost sharing exceeds the cost of the dispensed drug.

AB56-SA2,95,2 (2k) Prescription drug cost reporting positions. The authorized FTE positions for the office of the commissioner of insurance are increased by 2.0 PR positions, to be funded from the appropriation under s. 20.145 (1) (g), for the purpose of administering prescription drug cost reporting and registration of pharmacy benefit managers under ss. 632.796, 632.865 (3), and 632.866.”.

AB56-SA2,95,3 125. Page 501, line 11: delete lines 11 to 20.

AB56-SA2,95,4 126. Page 505, line 11: after that line insert:

AB56-SA2,95,9 “(2m) Elimination of birth cost recovery. The treatment of ss. 49.45 (19) (a) and (c), 49.855 (3) (with respect to the elimination of statutory reference to court authority to issue new orders for birth expenses) and (4m) (b), 767.805 (4) (d), and 767.89 (3) (e) first applies to an order or judgment relating to paternity issued on the effective date of this subsection.”.

AB56-SA2,95,10 127. Page 505, line 16: after that line insert:

AB56-SA2,95,12 “(1i) Coverage of individuals with preexisting conditions, essential health benefits, and preventive services.

AB56-SA2,95,21 (a) For policies and plans containing provisions inconsistent with these sections, the treatment of ss. 40.51 (8) and (8m), 66.0137 (4), 120.13 (2) (g), 185.983 (1) (intro.), 609.713, 609.847, 625.12 (1) (a) and (e) and (2), 625.15 (1), 628.34 (3) (a), 632.728, 632.746 (1) (a) and (b), (2) (a), (c), (d), and (e), (3) (a) and (d) 1., 2., and 3., (5), and (8) (a) (intro.), 632.748 (2), 632.76 (2) (a) and (ac) 1., 2., and 3., 632.795 (4) (a), 632.895 (8) (d), (13m), (14) (a) 1. i., j., and k. to o., (b), (c) and (d) 3., (14m), (16m) (b), and (17) (b) 2. and (c), and 632.897 (11) (a) 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).

AB56-SA2,96,7 (b) For policies and plans that are affected by a collective bargaining agreement containing provisions inconsistent with these sections, the treatment of ss. 40.51 (8) and (8m), 66.0137 (4), 120.13 (2) (g), 185.983 (1) (intro.), 609.713, 609.847, 625.12 (1) (a) and (e) and (2), 625.15 (1), 628.34 (3) (a), 632.728, 632.746 (1) (a) and (b), (2) (a), (c), (d), and (e), (3) (a) and (d) 1., 2., and 3., (5), and (8) (a) (intro.), 632.748 (2), 632.76 (2) (a) and (ac) 1., 2., and 3., 632.795 (4) (a), 632.895 (8) (d), (13m), (14) (a) 1. i., j., and k. to o., (b), (c) and (d) 3., (14m), (16m) (b), and (17) (b) 2. and (c), and 632.897 (11) (a) 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 entered into, extended, modified, or renewed, whichever is later.”.

AB56-SA2,96,8 128. Page 509, line 1: after that line insert:

AB56-SA2,96,10 “(1c) Medicaid expansion. The treatment of ss. 20.435 (4) (jw) and 49.45 (23) takes effect on January 1, 2020.”.

AB56-SA2,96,11 129. Page 509, line 6: after that line insert:

AB56-SA2,96,20 “(1i) Coverage of individuals with preexisting conditions, essential health benefits, and preventive services. The treatment of ss. 40.51 (8) and (8m), 66.0137 (4), 120.13 (2) (g), 185.983 (1) (intro.), 609.713, 609.847, 625.12 (1) (a) and (e) and (2), 625.15 (1), 628.34 (3) (a), 632.728, 632.746 (1) (a) and (b), (2) (a), (c), (d), and (e), (3) (a) and (d) 1., 2., and 3., (5), and (8) (a) (intro.), 632.748 (2), 632.76 (2) (a) and (ac) 1., 2., and 3., 632.795 (4) (a), 632.895 (8) (d), (13m), (14) (a) 1. i., j., and k. to o., (b), (c) and (d) 3., (14m), (16m) (b), and (17) (b) 2. and (c), and 632.897 (11) (a) and Section 9323 (1i) of this act take effect on the first day of the 4th month beginning after publication.”.

AB56-SA2,96,21 (End)

This proposal may contain a health insurance mandate requiring a social and financial impact report under s. 601.423, stats.