Amendment SA4-SSA2-SB45

SB45-SSA2-SA4,145,15 (2) Guaranteed issue. An insurer that offers a short-term, limited duration plan shall accept every individual in this state who applies for coverage regardless of whether the individual has a preexisting condition.

SB45-SSA2-SA4,145,21 (3) Prohibiting discrimination based on health status. (a) An insurer that offers a short-term, limited duration 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 a short-term, limited duration plan based on any of the following health status-related factors with respect to the individual or a dependent of the individual:

SB45-SSA2-SA4,145,22 1. Health status.

SB45-SSA2-SA4,145,23 2. Medical condition, including both physical and mental illnesses.

SB45-SSA2-SA4,146,1 3. Claims experience.

SB45-SSA2-SA4,146,2 4. Receipt of health care.

SB45-SSA2-SA4,146,3 5. Medical history.

SB45-SSA2-SA4,146,4 6. Genetic information.

SB45-SSA2-SA4,146,6 7. Evidence of insurability, including conditions arising out of acts of domestic violence.

SB45-SSA2-SA4,146,7 8. Disability.

SB45-SSA2-SA4,146,15 (b) An insurer that offers a short-term, limited duration plan may not require any individual, as a condition of enrollment or continued enrollment under the short-term, limited duration plan, to pay, on the basis of any health status-related factor described 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 a similarly situated individual enrolled under the short-term, limited duration plan.

SB45-SSA2-SA4,146,18 (4) Premium rate variation. An insurer that offers a short-term, limited duration plan may vary premium rates for a specific short-term, limited duration plan based only on the following considerations:

SB45-SSA2-SA4,146,20 (a) Whether the short-term, limited duration plan covers an individual or a family.

SB45-SSA2-SA4,146,21 (b) Rating area in the state, as established by the commissioner.

SB45-SSA2-SA4,147,2 (c) Age, except that the rate may not vary by more than 3 to 1 for adults over the age groups and the age bands shall be consistent with recommendations of the National Association of Insurance Commissioners.

SB45-SSA2-SA4,147,3 (d) Tobacco use, except that the rate may not vary by more than 1.5 to 1.

SB45-SSA2-SA4,147,5 (5) Annual and lifetime limits. A short-term, limited duration plan may not establish any of the following:

SB45-SSA2-SA4,147,7 (a) Lifetime limits on the dollar value of benefits for an enrollee or a dependent of an enrollee under the short-term, limited duration plan.

SB45-SSA2-SA4,147,10 (b) Limits on the dollar value of benefits for an enrollee or a dependent of an enrollee under the short-term, limited duration plan for a term of coverage or for the aggregate duration of the short-term, limited duration plan.

SB45-SSA2-SA4,234 Section 234. 632.7498 of the statutes is created to read:

SB45-SSA2-SA4,147,13 632.7498 Special enrollment period for pregnancy. (1) Definitions. In this section:

SB45-SSA2-SA4,147,14 (a) “Health benefit plan” has the meaning given in s. 632.745 (11).

SB45-SSA2-SA4,147,15 (b) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

SB45-SSA2-SA4,147,23 (2) Special enrollment period. A health benefit plan or self-insured health plan shall allow a pregnant individual who is eligible for coverage under the plan, and any individual who is eligible for coverage under the plan because of a relationship to the pregnant individual, to enroll for coverage at any time during the pregnancy. The coverage shall begin no later than the first day of the first calendar month in which the pregnant individual receives medical verification of the pregnancy, except that a pregnant individual may direct coverage to begin on the first day of any month occurring during the pregnancy.

SB45-SSA2-SA4,148,4 (3) Notice. An insurer offering group health insurance coverage in this state shall provide notice of the special enrollment period under sub. (2) at or before the time an individual is initially offered the opportunity to enroll for coverage under the plan.

SB45-SSA2-SA4,235 Section 235. 632.76 (2) (a) and (ac) 1. and 2. of the statutes are amended to read:

SB45-SSA2-SA4,148,14 632.76 (2) (a) No claim for loss incurred or disability commencing after 2 years from the date of issue of the policy may be reduced or denied on the ground that a disease or physical condition existed prior to the effective date of coverage, unless the condition was excluded from coverage by name or specific description by a provision effective on the date of loss. This paragraph does not apply to a group health benefit plan, as defined in s. 632.745 (9), which is subject to s. 632.746, a disability insurance policy, as defined in s. 632.895 (1) (a), or a self-insured health plan, as defined in s. 632.85 (1) (c).

SB45-SSA2-SA4,148,20 (ac) 1. Notwithstanding par. (a), no No claim or loss incurred or disability commencing after 12 months from the date of issue of under an individual disability insurance policy, as defined in s. 632.895 (1) (a), may be reduced or denied on the ground that a disease or physical condition existed prior to the effective date of coverage, unless the condition was excluded from coverage by name or specific description by a provision effective on the date of the loss.

SB45-SSA2-SA4,149,4 2. Except as provided in subd. 3., an An individual disability insurance policy, as defined in s. 632.895 (1) (a), other than a short-term policy limited duration plan subject to s. 632.7495 (4) and (5), may not define a preexisting condition more restrictively than a condition that was present before the date of enrollment for the coverage, whether physical or mental, regardless of the cause of the condition, for which and regardless of whether medical advice, diagnosis, care, or treatment was recommended or received within 12 months before the effective date of coverage.

SB45-SSA2-SA4,236 Section 236. 632.76 (2) (ac) 3. (intro.) of the statutes is amended to read:

SB45-SSA2-SA4,149,8 632.76 (2) (ac) 3. (intro.) Except as the commissioner provides by rule under s. 632.7495 (5), all of the following apply to an individual disability insurance policy that is a short-term policy, limited duration plan subject to s. 632.7495 (4) and (5):

SB45-SSA2-SA4,237 Section 237. 632.76 (2) (ac) 3. b. of the statutes is amended to read:

SB45-SSA2-SA4,149,15 632.76 (2) (ac) 3. b. The policy shall reduce the length of time during which a may not impose any preexisting condition exclusion may be imposed by the aggregate of the insured’s consecutive periods of coverage under the insurer’s individual disability insurance policies that are short-term policies subject to s. 632.7495 (4) and (5). For purposes of this subd. 3. b., coverage periods are consecutive if there are no more than 63 days between the coverage periods.

SB45-SSA2-SA4,238 Section 238. 632.795 (4) (a) of the statutes is amended to read:

SB45-SSA2-SA4,150,5 632.795 (4) (a) An insurer subject to sub. (2) shall provide coverage under the same policy form and for the same premium as it originally offered in the most recent enrollment period, subject only to the medical underwriting used in that enrollment period. Unless otherwise prescribed by rule, the insurer may apply deductibles, preexisting condition limitations, waiting periods, or other limits only to the extent that they would have been applicable had coverage been extended at the time of the most recent enrollment period and with credit for the satisfaction or partial satisfaction of similar provisions under the liquidated insurer’s policy or plan. The insurer may exclude coverage of claims that are payable by a solvent insurer under insolvency coverage required by the commissioner or by the insurance regulator of another jurisdiction. Coverage shall be effective on the date that the liquidated insurer’s coverage terminates.

SB45-SSA2-SA4,239 Section 239. 632.848 of the statutes is created to read:

SB45-SSA2-SA4,150,8 632.848 Exemption from prior authorization requirements. (1) In this section:

SB45-SSA2-SA4,150,11 (a) “Evaluation period” means the period of time established by the commissioner by rule that is used to evaluate whether a health care provider qualifies for an exemption from obtaining prior authorizations under sub. (2).

SB45-SSA2-SA4,150,12 (b) “Health benefit plan” has the meaning given in s. 632.745 (11).

SB45-SSA2-SA4,150,13 (c) “Health care item or service” includes all of the following:

SB45-SSA2-SA4,150,14 1. Prescription drugs.

SB45-SSA2-SA4,150,15 2. Laboratory testing.

SB45-SSA2-SA4,150,16 3. Medical equipment.

SB45-SSA2-SA4,150,17 4. Medical supplies.

SB45-SSA2-SA4,150,18 (d) “Health care provider” has the meaning given in s. 146.81 (1) (a) to (p).

SB45-SSA2-SA4,150,22 (e) “Prior authorization” means a determination by a health benefit plan, self- insured health plans, or person contracting with a health benefit plan or self- insured health plan that health care items or services proposed to be provided to a patient are medically necessary and appropriate.

SB45-SSA2-SA4,150,23 (f) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

SB45-SSA2-SA4,151,7 (2) The commissioner may by rule provide that any health benefit plan or self- insured health plan that uses a prior authorization process shall exempt health care providers from obtaining prior authorizations for a health care item or service for a period of time established by the commissioner if, in the most recent evaluation period, the health benefit plan or self-insured health plan has approved or would have approved not less than the proportion of prior authorization requests established under sub. (3) submitted by the health care provider for the health care item or service.

SB45-SSA2-SA4,151,11 (3) The commissioner shall specify the proportion of prior authorization requests submitted by a health care provider that have to be approved for the health care provider to qualify for an exemption from obtaining prior authorizations under sub. (2).

SB45-SSA2-SA4,151,14 (4) The commissioner may specify by rule the health care items or services that may be subject to the exemption from obtaining prior authorizations under sub. (2).

SB45-SSA2-SA4,151,17 (5) The commissioner may specify how health care providers may obtain an exemption from obtaining prior authorizations under sub. (2) including by providing a process for automatic evaluation.

SB45-SSA2-SA4,151,19 (6) The commissioner may promulgate further rules necessary to implement this section.

SB45-SSA2-SA4,240 Section 240. 632.851 of the statutes is created to read:

SB45-SSA2-SA4,151,22 632.851 Reimbursement of emergency ambulance services. (1) In this section:

SB45-SSA2-SA4,151,23 (a) “Ambulance service provider” has the meaning given in s. 256.01 (3).

SB45-SSA2-SA4,152,3 (b) “Clean claim” means a claim that has no defect of impropriety, including a lack of required substantiating documentation or any particular circumstance that requires special treatment that prevents timely payment from being made on the claim.

SB45-SSA2-SA4,152,4 (c) “Emergency medical responder” has the meaning given in s. 256.01 (4p).

SB45-SSA2-SA4,152,6 (d) “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

SB45-SSA2-SA4,152,7 (e) “Firefighter” has the meaning given in s. 36.27 (3m) (a) 1m.

SB45-SSA2-SA4,152,8 (f) “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp).

SB45-SSA2-SA4,152,9 (g) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

SB45-SSA2-SA4,152,10 (h) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

SB45-SSA2-SA4,152,16 (2) (a) A disability insurance policy or self-insured health plan shall, within 30 days after receipt of a clean claim for covered emergency ambulance services, promptly remit payment for the covered emergency ambulance services directly to the ambulance service provider. No disability insurance policy or self-insured health plan may send a payment for covered emergency ambulance services to an enrollee.

SB45-SSA2-SA4,152,21 (b) A disability insurance policy or self-insured health plan shall respond to a claim for covered emergency ambulance services that is not a clean claim by sending a written notice, within 30 days after receipt of the claim, acknowledging the date of receipt of the claim and informing the ambulance service provider of one of the following:

SB45-SSA2-SA4,152,23 1. That the disability insurance policy or self-insured health plan is declining to pay all or part of the claim, including the specific reason or reasons for the denial.

SB45-SSA2-SA4,153,2 2. That additional information is necessary to determine if all or part of the claim is payable and the specific additional information that is required.

SB45-SSA2-SA4,153,7 (3) A disability insurance policy or self-insured health plan shall remit payment for the transportation of any patient by ambulance as a medically necessary emergency ambulance service if the transportation was requested by an emergency medical services practitioner, an emergency medical responder, a firefighter, a law enforcement officer, or a health care provider.

SB45-SSA2-SA4,241 Section 241. 632.862 of the statutes is created to read:

SB45-SSA2-SA4,153,10 632.862 Application of prescription drug payments. (1) Definitions. In this section:

SB45-SSA2-SA4,153,11 (a) “Brand name” has the meaning given in s. 450.12 (1) (a).

SB45-SSA2-SA4,153,12 (b) “Brand name drug” means any of the following:

SB45-SSA2-SA4,153,14 1. A prescription drug that contains a brand name and that has no generic equivalent.

SB45-SSA2-SA4,153,19 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.

SB45-SSA2-SA4,153,20 (c) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).

SB45-SSA2-SA4,153,21 (d) “Prescription drug” has the meaning given in s. 450.01 (20).

SB45-SSA2-SA4,153,23 (e) “Self-insured health plan” means a self-insured health plan of the state or a county, city, village, town, or school district.

SB45-SSA2-SA4,154,6 (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.

SB45-SSA2-SA4,242 Section 242. 632.863 of the statutes is created to read:

SB45-SSA2-SA4,154,9 632.863 Pharmaceutical representatives. (1) Definitions. In this section:

SB45-SSA2-SA4,154,12 (a) “Health care professional” means a physician or other health care practitioner who is licensed to provide health care services or to prescribe pharmaceutical or biologic products.

SB45-SSA2-SA4,154,14 (b) “Pharmaceutical” means a medication that may legally be dispensed only with a valid prescription from a health care professional.

SB45-SSA2-SA4,154,17 (c) “Pharmaceutical representative” means an individual who markets or promotes pharmaceuticals to health care professionals on behalf of a pharmaceutical manufacturer for compensation.

SB45-SSA2-SA4,155,2 (2) Licensure. Beginning on the first day of the 12th month beginning after the effective date of this subsection .... [LRB inserts date], no individual may act as a pharmaceutical representative in this state without being licensed by the commissioner as a pharmaceutical representative under this subsection. In order to obtain a license under this subsection, the individual shall apply to the commissioner in the form and manner prescribed by the commissioner and shall pay the fee under s. 601.31 (1) (nv). The term of a license issued under this subsection is one year, and the license is renewable.

SB45-SSA2-SA4,155,5 (3) Display of license. A pharmaceutical representative licensed under sub. (2) shall display the pharmaceutical representative’s license during each visit with a health care professional.

SB45-SSA2-SA4,155,9 (4) Enforcement. (a) Any individual who violates this section or any rules promulgated under this section shall be fined not less than $1,000 nor more than $3,000 for each offense. Each day of continued violation constitutes a separate offense.

SB45-SSA2-SA4,155,14 (b) The commissioner may suspend or revoke the license of a pharmaceutical representative who violates this section or any rules promulgated under this section. A suspended or revoked license under this paragraph may not be reinstated until the pharmaceutical representative remedies all violations related to the suspension or revocation and pays all assessed penalties and fees.

SB45-SSA2-SA4,155,17 (5) Rules. The commissioner shall promulgate rules to implement this section, including rules that require pharmaceutical representatives to complete continuing educational coursework as a condition of licensure.

SB45-SSA2-SA4,243 Section 243. 632.864 of the statutes is created to read:

SB45-SSA2-SA4,155,20 632.864 Pharmacy services administrative organizations. (1) Definitions. In this section: