This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB50-ASA2-AA8,256,1919a. Health care costs, prices, and affordability.
AB50-ASA2-AA8,256,2120b. The availability or accessibility of health care services to the affected
21community.
AB50-ASA2-AA8,256,2322c. Health care provider cost trends and containment of total state health care
23spending.
AB50-ASA2-AA8,256,2424d. Access to services in medically underserved areas.
AB50-ASA2-AA8,257,2
1e. Rectifying historical and contemporary factors contributing to a lack of
2health equities or access to services.
AB50-ASA2-AA8,257,43f. The functioning and competitiveness of the markets for health care and
4health insurance.
AB50-ASA2-AA8,257,65g. The potential effects of the material change transaction on health
6outcomes, quality, access, equity, or workforce for residents of this state.
AB50-ASA2-AA8,257,77h. The potential loss of or change in access to essential services.
AB50-ASA2-AA8,257,1082. Whether the material change transaction is contrary to or violates any
9applicable law, including state antitrust laws, laws restricting the corporate
10practice of medicine, or consumer protection laws.
AB50-ASA2-AA8,257,12113. Whether the benefits of the transaction are likely to outweigh any
12anticompetitive effect from the transaction.
AB50-ASA2-AA8,257,13134. Whether the transaction is in the public interest.
AB50-ASA2-AA8,257,1614(d) This subsection does not limit or alter any existing authority of the
15attorney general or any state agency to enforce any other law, including state or
16federal antitrust law, or to review nonprofit transactions.
AB50-ASA2-AA8,257,2017(5) Post-transaction oversight. (a) Enforcement by the attorney general.
181. The attorney general may subpoena any records necessary to enforce any
19provisions of this section or to investigate suspected violations of any provisions of
20this section or any conditions imposed by conditional approval pursuant to sub. (4).
AB50-ASA2-AA8,258,4212. The attorney general may enforce any requirement of this section and any
22conditions imposed by a conditional approval pursuant to sub. (4) to the fullest
23extent provided by law, including damages. In addition to any legal remedies the
24attorney general may have, the attorney general shall be entitled to specific

1performance, injunctive relief, and other equitable remedies a court deems
2appropriate for any violations or imminent violation of any requirement of this
3section or breach of any of the conditions and shall be entitled to recover its attorney
4fees and costs incurred in remedying each violation.
AB50-ASA2-AA8,258,1053. In addition to the remedies set forth in subd. 2., any person who violates
6this section or of any conditions imposed pursuant to a conditional approval under
7sub. (4) is subject to a forfeiture of $10,000 per day, which the attorney general may
8seek to recover by action on behalf of the state. The attorney general may also
9rescind or deny approval for any other past, pending, or future material change
10transactions involving the health care entity or an affiliate.
AB50-ASA2-AA8,258,13114. Nothing in this paragraph shall narrow, abrogate, or otherwise alter the
12authority of the attorney general to prosecute violations of antitrust or consumer
13protection requirements.
AB50-ASA2-AA8,258,1614(b) Enforcement by the department. 1. The department may audit the books,
15documents, records, and data of any entity that is subject to a conditional approval
16under sub. (4) to monitor compliance with the conditions.
AB50-ASA2-AA8,258,20172. Any entity that violates any provision of this section, any rules adopted
18pursuant thereto, or any condition imposed pursuant to a conditional approval
19under sub. (4) shall be subject to a forfeiture of $10,000 per day for any violation of
20this section.
AB50-ASA2-AA8,258,23213. The department may refer any entity to the attorney general to review for
22enforcement of any noncompliance with this section and any conditions imposed by
23conditional approval pursuant to sub. (4).
AB50-ASA2-AA8,259,424(c) Monitoring. In order to effectively monitor ongoing compliance with the

1terms and conditions of any material change transaction subject to prior notice,
2approval, or conditional approval under sub. (4), the department may, in its sole
3discretion, conduct a review or audit and may contract with experts and
4consultants to assist in this regard.
AB50-ASA2-AA8,259,115(d) Reporting. One year, 2 years, and 5 years following the completion of the
6material change transaction approved or conditionally approved by the department
7after a comprehensive review under sub. (3), and upon future intervals determined
8at the discretion of the department, the health care entity or any person,
9corporation, partnership, or other entity that acquired direct or indirect control over
10the health care entity shall submit reports to the department that do all of the
11following:
AB50-ASA2-AA8,259,13121. Demonstrate compliance with conditions placed on the material change
13transaction, if any.
AB50-ASA2-AA8,259,14142. Analyze cost trends and cost growth trends of the transacting parties.
AB50-ASA2-AA8,259,16153. Analyze any changes or effects of the material change transaction on
16patient access, availability of services, workforce, quality, or equity.
AB50-ASA2-AA8,259,2017(e) Costs. The department shall be entitled to charge costs to the transacting
18parties for all actual, reasonable, and direct costs incurred in monitoring ongoing
19compliance with the terms and conditions of the sale or transfer of assets, including
20contractor and administrative costs.
AB50-ASA2-AA8,259,2121(6) Rules. The department may promulgate rules to implement this section.
AB50-ASA2-AA8,40322Section 403. 150.994 of the statutes is created to read:
AB50-ASA2-AA8,260,223150.994 Corporate practice of medicine. The corporate practice of

1medicine is prohibited. The department shall promulgate rules to define what
2conduct constitutes the corporate practice of medicine for purposes of this section.
AB50-ASA2-AA8,4043Section 404. 150.996 of the statutes is created to read:
AB50-ASA2-AA8,260,94150.996 Transparency in ownership and control of health care
5entities. (1) Reporting of ownership and control. Each health care entity
6shall report to the department on an annual basis and upon the consummation of a
7material change transaction involving the entity as set forth in s. 150.992, in a form
8and manner required by the department, all of the following information, as
9applicable:
AB50-ASA2-AA8,260,1010(a) Legal name of entity.
AB50-ASA2-AA8,260,1111(b) Business address of entity.
AB50-ASA2-AA8,260,1212(c) Locations of operations.
AB50-ASA2-AA8,260,1413(d) Business identification numbers of the entity, as applicable, including all
14of the following:
AB50-ASA2-AA8,260,15151. Taxpayer identification number.
AB50-ASA2-AA8,260,16162. National provider identifier.
AB50-ASA2-AA8,260,17173. Employer identification number.
AB50-ASA2-AA8,260,18184. Centers for Medicare and Medicaid Services certification number.
AB50-ASA2-AA8,260,19195. National Association of Insurance Commissioners identification number.
AB50-ASA2-AA8,260,21206. A personal identification number associated with a license issued by the
21commissioner of insurance.
AB50-ASA2-AA8,260,23227. Pharmacy benefit manager identification number associated with a license
23or registration of the pharmacy benefit manager in this state.
AB50-ASA2-AA8,260,2424(e) Name and contact information of a representative of the entity.
AB50-ASA2-AA8,261,4
1(f) The name, business address, and business identification numbers listed in
2par. (d) for each person or entity that, with respect to the relevant health care
3entity, has an ownership or investment interest, has a controlling interest, is a
4management services organization, or is a significant equity investor.
AB50-ASA2-AA8,261,65(g) A current organizational chart showing the business structure of the
6health care entity, including all of the following:
AB50-ASA2-AA8,261,771. Any entity listed in par. (f).
AB50-ASA2-AA8,261,982. Affiliates, including entities that control or are under common control as
9the health care entity.
AB50-ASA2-AA8,261,10103. Subsidiaries.
AB50-ASA2-AA8,261,1211(h) For a health care entity that is a provider organization or a health care
12facility, all of the following information:
AB50-ASA2-AA8,261,15131. a. The affiliated health care providers identified by name, license type,
14specialty, national provider identifier, and other applicable identification number
15listed in par. (d).
AB50-ASA2-AA8,261,1616b. The address of the principal practice location.
AB50-ASA2-AA8,261,1717c. Whether the health care provider is employed or contracted by the entity.
AB50-ASA2-AA8,261,19182. The name and address of affiliated health care facilities by license number,
19license type, and capacity in each major service area.
AB50-ASA2-AA8,261,2120(i) The names, national provider identifier, if applicable, and compensation of
21all of the following:
AB50-ASA2-AA8,261,2322a. The members of the governing board, board of directors, or similar
23governance body for the health care entity.
AB50-ASA2-AA8,262,2
1b. Any entity that is owned or controlled by, affiliated with, or under common
2control as the health care entity.
AB50-ASA2-AA8,262,33c. Any entity listed in par. (f).
AB50-ASA2-AA8,262,74(j) Comprehensive financial reports of the health care entity and any
5ownership or control entities, including audited financial statements, cost reports,
6annual costs, annual receipts, realized capital gains and losses, accumulated
7surplus, and accumulated reserves.
AB50-ASA2-AA8,262,98(2) Exceptions. All of the following health care entities are exempt from the
9reporting requirements under sub. (1):
AB50-ASA2-AA8,262,1410(a) A health care entity that is an independent provider organization, without
11any ownership or control entities, consisting of 2 or fewer physicians, provided that
12if that health care entity experiences a material change transaction under s.
13150.992, the health care entity is subject to reporting under sub. (1) upon the
14consummation of the transaction.
AB50-ASA2-AA8,262,2015(b) A health care provider or provider organization that is owned or controlled
16by another health care entity, if the health care provider or provider organization is
17shown in the organizational chart submitted under sub. (1) (g) and the owning or
18controlling health care entity reports all the information required under sub. (1) on
19behalf of the controlled or owned entity. Health care facilities are not subject to this
20exception.
AB50-ASA2-AA8,263,221(3) Rules. (a) The department shall promulgate any rules necessary to
22implement this section, specify the format and content of reports, and impose
23penalties for noncompliance. The department may require additional reporting of
24data or information that it determines is necessary to better protect the publics

1interest in monitoring the financial conditions, organizational structure, business
2practices, and market share of each registered health care entity.
AB50-ASA2-AA8,263,43(b) The department may assess administrative fees on health care entities in
4an amount to help defray the costs in overseeing and implementing this section.
AB50-ASA2-AA8,263,85(4) Ownership information. (a) Information provided under this section
6shall be public information and may not be considered confidential, proprietary, or
7a trade secret, except that any individual health care providers taxpayer
8identification that is also their social security number shall be confidential.
AB50-ASA2-AA8,263,119(b) Not later than December 31, 2028, and annually thereafter, the
10department shall post on its publicly available website a report with respect to the
11previous one-year period, including all of the following information:
AB50-ASA2-AA8,263,13121. The number of health care entities reporting for the year, disaggregated by
13the business structure of each specified entity.
AB50-ASA2-AA8,263,15142. The names, addresses, and business structure of any entities with an
15ownership or controlling interest in each health care entity.
AB50-ASA2-AA8,263,16163. Any change in ownership or control for each health care entity.
AB50-ASA2-AA8,263,17174. Any change in the tax identification number of a health care entity.
AB50-ASA2-AA8,263,21185. As applicable, the name, address, tax identification number, and business
19structure of other affiliates under common control, subsidiaries, and management
20services entities for the health care entity, including the business type and the tax
21identification number of each.
AB50-ASA2-AA8,263,23226. An analysis of trends in horizontal and vertical consolidation,
23disaggregated by business structure and provider type.
AB50-ASA2-AA8,264,724(c) The department may share information reported under this section with

1the attorney general, other state agencies, and other state officials to reduce or
2avoid duplication in reporting requirements or to facilitate oversight or enforcement
3under state law. Any tax identification numbers that are individual social security
4numbers may be shared with the attorney general, other state agencies, or other
5state officials that agree to maintain the confidentiality of such information. The
6department may, in consultation with the relevant state agencies, merge similar
7reporting requirements where appropriate.
AB50-ASA2-AA8,264,128(5) Enforcement. (a) Audit and inspection authority. The department is
9authorized to audit and inspect the records of any health care entity that has failed
10to submit complete information pursuant to this section or if the department has
11reason to question the accuracy or completeness of the information submitted
12pursuant this section.
AB50-ASA2-AA8,264,1513(b) Random audits. The department shall conduct annual audits of a random
14sample of health care entities to verify compliance with, accuracy, and completeness
15of the reported information pursuant to this section.
AB50-ASA2-AA8,264,1816(c) Penalty for failure to report. If a health care entity fails to provide a
17complete report under sub. (1), or submits a report containing false information, the
18entity shall be subject to all of the following civil penalties, as appropriate:
AB50-ASA2-AA8,264,22191. Health care entities consisting of independent health care providers or
20provider organizations without any 3rd-party ownership or control entities, with 10
21or fewer physicians or less than $10 million in annual revenue, a forfeiture of up to
22$50,000 for each report not provided or containing false information.
AB50-ASA2-AA8,264,24232. For all other health care entities, a forfeiture of up to $500,000 for each
24report not provided or containing false information.
AB50-ASA2-AA8,9419
1Section 9419. Effective dates; Health Services.
AB50-ASA2-AA8,265,32(1) Healthcare ownership and transparency. The creation of subch. IX of
3ch. 150, ss. 150.99, 150.992, 150.994, and 150.996 takes effect on January 1, 2027..
AB50-ASA2-AA8,265,44123. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,265,55Section 405. 49.79 (7w) (a) 1. of the statutes is amended to read:
AB50-ASA2-AA8,265,11649.79 (7w) (a) 1. Eligible retailer includes any supermarket, grocery store,
7wholesaler, small-scale store, corner store, convenience store, neighborhood store,
8bodega, farmers market, direct-marketing farmer, nonprofit cooperative food-
9purchasing venture, or community-supported agriculture program means a retailer
10authorized to participate in the food stamp program federal supplemental nutrition
11assistance program.
AB50-ASA2-AA8,40612Section 406. 49.79 (7w) (b) of the statutes is amended to read:
AB50-ASA2-AA8,266,81349.79 (7w) (b) The department shall, through a competitive selection process,
14contract with one or more nonprofit 3rd-party organizations to administer a
15healthy food incentive program statewide. The healthy food incentive program
16shall provide to any food stamp program recipient assistance group that uses
17benefits at an eligible retailer participating in the healthy food incentive program
18under this subsection a monetary amount up to the amount of food stamp program
19benefits used at the eligible retailer for the purpose of purchasing fruits and
20vegetables from the eligible retailer. In administering the program, a nonprofit 3rd-
21party organization shall prioritize including in the healthy food incentive program
22eligible retailers that source fruits and vegetables primarily from growers in this
23state and shall establish a timeline for expiration of matching monetary amounts
24provided for the purchase of fruits and vegetables under the healthy food incentive

1program such that a matching monetary amount expires no later than one year
2after it is provided. The department may establish a maximum amount of benefits
3that may be matched per day for a food stamp program recipient assistance group.
4Any nonprofit 3rd-party organization administering the healthy food incentive
5program shall ensure that matching amounts provided under the program that are
6unused and expire remain with the nonprofit 3rd-party organization and, upon
7expiration, are available for use to provide matching amounts to other food stamp
8recipients assistance groups under the program.
AB50-ASA2-AA8,4079Section 407. 49.79 (7w) (c) of the statutes is amended to read:
AB50-ASA2-AA8,266,181049.79 (7w) (c) The department may allocate no more than 25 percent of the
11funding available for the healthy food incentive program under this subsection to
12program development, promotion of and outreach for the program, training, data
13collection, evaluation, administration, and reporting and shall allocate the
14remainder of the funding available to the eligible retailers participating in the
15healthy food incentive program under this subsection. The department shall seek,
16or require any 3rd-party organization chosen under par. (b) to seek, any available
17federal matching moneys from the Gus Schumacher Nutrition Incentive Program to
18fund the healthy food incentive program under this subsection.
AB50-ASA2-AA8,40819Section 408. 49.79 (7w) (cd) of the statutes is created to read:
AB50-ASA2-AA8,266,222049.79 (7w) (cd) A 3rd-party organization chosen under par. (b) may retain for
21administrative purposes an amount not to exceed 33 percent of the total contracted
22amount or the applicable cap found in federal law or guidance, whichever is lower.
AB50-ASA2-AA8,921923Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,267,524(1) Healthy food incentive plan. In the schedule under s. 20.005 (3) for the

1appropriation to the department of health services under s. 20.435 (4) (bt), the
2dollar amount for fiscal year 2025-26 is increased by $488,600. In the schedule
3under s. 20.005 (3) for the appropriation to the department of health services under
4s. 20.435 (4) (bt), the dollar amount for fiscal year 2026-27 is increased by
5$488,600..
Loading...
Loading...