632.729632.729 Prohibiting discrimination based on COVID-19. 632.729(1)(a)(a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus. 632.729(2)(a)(a) An insurer that offers an individual or group health benefit plan, a pharmacy benefit manager, or a self-insured health plan may not establish rules for the eligibility of any individual to enroll, for the continued eligibility of any individual to remain enrolled, or for the renewal of coverage under the plan based on a current or past diagnosis or suspected diagnosis of COVID-19. 632.729(2)(b)(b) An insurer that offers a group health benefit plan, a pharmacy benefit manager, or a self-insured health plan may not establish rules for the eligibility of any employer or other group to enroll, for the continued eligibility of any employer or group to remain enrolled, or for the renewal of an employer’s or group’s coverage under the plan based on a current or past diagnosis or suspected diagnosis of COVID-19 of any employee or other member of the group. 632.729(3)(3) Cancellation. An insurer that offers an individual or group health benefit plan, a pharmacy benefit manager, or a self-insured health plan may not use as a basis for cancellation of coverage during a contract term a current or past diagnosis of COVID-19 or suspected diagnosis of COVID-19. 632.729(4)(4) Rates. An insurer that offers an individual or group health benefit plan, a pharmacy benefit manager, or a self-insured health plan may not use as a basis for setting rates for coverage a current or past diagnosis of COVID-19 or suspected diagnosis of COVID-19. 632.729(5)(5) Premium grace period. An insurer that offers an individual or group health benefit plan, a pharmacy benefit manager, or a self-insured health plan may not refuse to grant to an individual, employer, or other group a grace period for the payment of a premium based on an individual’s, employee’s, or group member’s current or past diagnosis of COVID-19 or suspected diagnosis of COVID-19 if a grace period for payment of premium would generally be granted under the plan. 632.729 HistoryHistory: 2019 a. 185. 632.73632.73 Right to return policy. 632.73(1)(1) Right of return. A policyholder may return an individual or franchise disability policy within 10 days after receipt. If the policyholder does so, the contract is void, and all payments made under it shall be refunded. This subsection does not apply to medicare supplement policies, medicare replacement policies or long-term care insurance policies subject to sub. (2m). 632.73(2)(2) Notification. Subsection (1) shall in substance be conspicuously printed on the first page of each such policy or conspicuously attached thereto. 632.73(2m)(2m) Medicare supplement policies, medicare replacement policies and long-term care insurance policies. Medicare supplement policies, medicare replacement policies and long-term care insurance policies shall have a notice that complies with this subsection prominently printed on the first page of the policy or certificate, or attached thereto. The notice shall state that the policyholder or certificate holder shall have the right to return the policy or certificate within 30 days of its delivery to the policyholder or certificate holder and to have the premium refunded to the person who paid the premium if, after examination of the policy or certificate, the policyholder or certificate holder is not satisfied for any reason. The commissioner may by rule exempt from this subsection certain classes of medicare supplement policies, medicare replacement policies and long-term care insurance policies, if the commissioner finds the exemption is not adverse to the interests of policyholders and certificate holders. 632.73(3)(a)(a) Specified. This section does not apply to single premium nonrenewable policies issued for terms not greater than 6 months or covering accidents only or accidental bodily injuries only. 632.73(3)(b)(b) By rule. The commissioner may by rule permit exemptions from subs. (1) and (2) for additional classes or parts of classes of insurance where the right to return the policy would be impracticable or is not necessary to protect the policyholder’s interests. 632.74632.74 Reinstatement of individual or franchise disability insurance policies. 632.74(1)(1) Conditions of reinstatement. If an insurer, after termination of an individual or franchise disability insurance policy for nonpayment of premium, within one year after the termination accepts without reservation a premium payment, the policy is reinstated as of the date of the acceptance. There is no acceptance without reservation if the insurer delivers or mails a written statement of reservations within 45 days after receipt of the payment. 632.74(2)(2) Consequences of reinstatement. If a policy is reinstated under sub. (1) or if the insurer within one year after the termination issues to the policyholder a reinstatement policy, any losses resulting from accidents occurring or sickness beginning between the termination and the effective date of the reinstatement or the new policy are not covered, and no premium is payable for that period, except to the extent that the premium is applied to a reserve for future losses. The insurer may also charge a reinstatement fee in accordance with a schedule that has been filed with and expressly approved by the commissioner as not excessive and not unreasonably discriminatory. In all other respects, the reinstated or renewed contract shall be treated as an uninterrupted contract subject to any provisions which are endorsed on or attached to the contract in connection with the reinstatement and which are fully and prominently disclosed to the policyholder. 632.745632.745 Coverage requirements for group and individual health benefit plans; definitions. In this section and ss. 632.746 to 632.7495: 632.745(1)(1) “Affiliation period” means the period which, under the terms of health insurance coverage offered by a health maintenance organization, must expire before the health insurance coverage becomes effective. 632.745(2)(2) “Beneficiary” has the meaning given in section 3 (8) of the federal Employee Retirement Income Security Act of 1974. 632.745(3)(3) “Bona fide association” means an association that satisfies all of the following: 632.745(3)(a)(a) The association has been actively in existence for at least 5 years. 632.745(3)(b)(b) The association has been formed and maintained in good faith for purposes other than obtaining insurance. 632.745(3)(c)(c) The association does not condition membership in the association on any health status-related factor of an individual, including an employee of an employer or a dependent of an employee. 632.745(3)(d)(d) The association makes health insurance coverage offered through the association available to all members, regardless of any health status-related factor of those members or individuals eligible for coverage through a member. 632.745(3)(e)(e) The association does not make health insurance coverage offered through the association available other than in connection with a member of the association. 632.745(3)(f)(f) The association meets any additional requirements that are imposed by a rule of the commissioner designed to prevent the use of an association for risk segmentation. 632.745(4)(a)(a) Except as provided in par. (b), “creditable coverage” means coverage under any of the following: 632.745(4)(a)3.3. Part A or part B of title XVIII of the federal Social Security Act. 632.745(4)(a)4.4. Title XIX of the federal Social Security Act, except for coverage consisting solely of benefits under section 1928 of that act. 632.745(4)(a)6.6. A medical care program of the federal Indian health service or of an American Indian tribal organization. 632.745(4)(a)8.8. A health plan offered under chapter 89 of title 5 of the United States Code. 632.745(4)(a)9.9. A public health plan, as defined in regulations issued by the federal department of health and human services. 632.745(4)(b)(b) “Creditable coverage” does not include coverage consisting solely of coverage of excepted benefits, as defined in section 2791 (c) of P.L. 104-191. 632.745(5)(a)(a) Except as provided in par. (b), “eligible employee” means an employee who works on a permanent basis and has a normal work week of 30 or more hours. The term includes a sole proprietor, a business owner, including the owner of a farm business, a partner of a partnership and a member of a limited liability company if the sole proprietor, business owner, partner or member is included as an employee under a health benefit plan of an employer, but the term does not include an employee who works on a temporary or substitute basis. 632.745(5)(b)(b) For purposes of a group health benefit plan, or a self-insured health plan, that is offered by the state under s. 40.51 (6) or by the group insurance board under s. 40.51 (7), “eligible employee” has the meaning given in s. 40.02 (25). 632.745(6)(a)1.1. An individual, firm, corporation, partnership, limited liability company or association that is actively engaged in a business enterprise in this state, including a farm business. 632.745(6)(b)(b) For purposes of this definition, all of the following apply: 632.745(6)(b)1.1. All persons treated as a single employer under subsection (b), (c), (m) or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as one employer. 632.745(7)(7) “Enrollment date” means, with respect to an individual covered under a group health plan or health insurance, the date of enrollment of the individual under the plan or insurance or, if earlier, the first day of the waiting period for such enrollment. 632.745(8)(8) “Federal continuation provision” means any of the following: 632.745(8)(a)(a) Section 4980B of the Internal Revenue Code of 1986, except for section 4980B (f) (1) of that code insofar as it relates to pediatric vaccines. 632.745(8)(b)(b) Part 6 of subtitle B of title I of the federal Employee Retirement Income Security Act of 1974, except for section 609 of that act. 632.745(9)(9) “Group health benefit plan” means a health benefit plan that is issued by an insurer to or through an employer on behalf of a group consisting of at least 2 employees or a group including at least 2 eligible employees. The term includes individual health benefit plans covering eligible employees when 3 or more are sold to or through an employer. 632.745(10)(10) “Group health plan” means any of the following: 632.745(10)(a)(a) An employee welfare plan, as defined in section 3 (1) of the federal Employee Retirement Income Security Act of 1974, to the extent that the employee welfare plan provides medical care, including items and services paid for as medical care, to employees or to their dependents, as defined under the terms of the employee welfare plan, directly or through insurance, reimbursement, or otherwise. 632.745(10)(b)(b) Any program that would not otherwise be an employee welfare benefit plan and that is established or maintained by a partnership, to the extent that the program provides medical care, including items and services paid for as medical care, to present or former partners of the partnership or to their dependents, as defined under the terms of the program, directly or through insurance, reimbursement or otherwise. 632.745(11)(a)(a) Except as provided in par. (b), “health benefit plan” means any hospital or medical policy or certificate. 632.745(11)(b)(b) “Health benefit plan” does not include any of the following: 632.745(11)(b)1.1. Coverage that is only accident or disability income insurance, or any combination of the 2 types. 632.745(11)(b)3.3. Liability insurance, including general liability insurance and automobile liability insurance. 632.745(11)(b)8.8. Other similar insurance coverage, as specified in regulations issued by the federal department of health and human services, under which benefits for medical care are secondary or incidental to other insurance benefits. 632.745(11)(b)9.9. If provided under a separate policy, certificate or contract of insurance, or if otherwise not an integral part of the policy, certificate or contract of insurance: limited-scope dental or vision benefits; benefits for long-term care, nursing home care, home health care, community-based care, or any combination of those benefits; and such other similar, limited benefits as are specified in regulations issued by the federal department of health and human services under section 2791 of P.L. 104-191. 632.745(11)(b)10.10. Hospital indemnity or other fixed indemnity insurance or coverage only for a specified disease or illness, if all of the following apply: 632.745(11)(b)10.a.a. The benefits are provided under a separate policy, certificate or contract of insurance. 632.745(11)(b)10.b.b. There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor. 632.745(11)(b)10.c.c. Such benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor. 632.745(11)(b)11.11. Benefits that are provided under a separate policy, certificate or contract of insurance and that are medicare supplemental health insurance, as defined in section 1882 (g) (1) of the federal Social Security Act, coverage supplemental to the coverage provided under chapter 55 of title 10 of the United States Code or similar supplemental coverage provided as supplemental to coverage under a group health plan. 632.745(12)(12) “Health insurance” includes health benefit plans but does not include group health plans.
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Chs. 600-655, Insurance
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