Chapter Ins 19

Ins 19.12(4)(a)2. 2. An attestation that the information contained the same unique identifiers for enrolled individuals as reported in quarterly or annual reports.

Ins 19.12(4)(a)3. 3. A copy of the Attestation and Discrepancy Reporting Summary confirmation page as reported to CMS. If the Attestation and Discrepancy Reporting Summary contained a dispute, the eligible health carrier shall provide documentation of the disputed data and identify the claims in dispute with the enrolled individual’s unique identifier.

Ins 19.12(4)(a)4. 4. An acknowledgment that the eligible health carrier will not receive a reinsurance payment in the event that WIHSP authorizing statute is amended in a manner that no reinsurance payment is due to any carriers.

Ins 19.12(4)(a)5. 5. An acknowledgment, in accordance with s. 601.83 (5) (h), Stats., that the eligible health carrier shall not bring a lawsuit over any delay in reinsurance payments or reduction in expected reinsurance payments.

Ins 19.12(4)(a)6. 6. Any additional information required by the commissioner.

Ins 19.12(4)(b) (b) The eligible health carrier shall transmit the information to the commissioner by or before May 15, of each calendar year after the applicable benefit year, or by a date established by the commissioner.

Ins 19.12 History History: CR 19-088: cr. Register November 2021 No. 791, eff. 12-1-21; correction in (1) made under s. 35.17, Stats., Register November 2021 No. 791.

Ins 19.20 Ins 19.20 Verification audit.

Ins 19.20(1) (1) The commissioner shall conduct a verification audit of the data submitted for reinsurance payment. The commissioner shall request eligible health carriers to provide information, pursuant to s. 601.42, Stats., including all of the following:

Ins 19.20(1)(a) (a) Supporting claims information that includes the following information:

Ins 19.20(1)(a)1. 1. A sample number of claims and specific claims documentation supporting the claim for reinsurance payment. The sample of underlying claims data shall demonstrate that the claims were eligible for reinsurance payment.

Ins 19.20(1)(a)2. 2. Additional documentation for a select number of claims, including proof of payment and payment invoices for certain identified claims as specified by the commissioner.

Ins 19.20(1)(b) (b) The requested data shall use the same enrolled individual unique identifier for eligible claims as contained in quarterly or annual reports provided to the commissioner.

Ins 19.20(2) (2) If, as a result of the commissioner’s verification audit, a discrepancy is identified the eligible health carriers shall be notified by the commissioner. The health carrier shall respond within 10 days either affirming the commissioner’s finding or providing documents to substantiate the filed data.

Ins 19.20(3) (3) Prior to release of the reinsurance payment, the commissioner shall review the claims information provided by the health carrier in the quarterly and annual reports and with the required affirmations or attestations confirming the accuracy of the information.

Ins 19.20(4) (4) Eligible health carriers shall retain all supporting information and data in an auditable format for 6 years from the last day of the applicable benefit year.

Ins 19.20 History History: CR 19-088: cr. Register November 2021 No. 791, eff. 12-1-21.

Ins 19.21 Ins 19.21 Reinsurance payment calculation. The commissioner shall calculate the dollar amounts eligible for reinsurance payment under s. 601.83 (4) (a), Stats., utilizing the information provided by the eligible health carriers. The commissioner shall consider all of the following information:

Ins 19.21(1) (1) The commissioner shall calculate the reinsurance payment by applying the payment parameters as contained in s. 601.83 (4) (a), Stats., to each eligible claim. The commissioner shall provide a preliminary estimate of the reinsurance payments by or before June 30, in the calendar year following the applicable benefit year.

Ins 19.21(2) (2) In accordance with s. 601.83 (3) (c), Stats., the aggregate reinsurance payments shall not exceed $200,000,000, or the amount available for the applicable benefit year. If the cumulative total amount of claims across all participating eligible health carriers exceeds $200,000,000, or the amount available for the given benefit year under s. 601.83 (1) (h), Stats., the commissioner shall make reinsurance payments in accordance with s. 601.83 (3) (c), Stats., to each eligible health carrier as follows:

Ins 19.21(2)(a) (a) The commissioner shall calculate each carrier’s eligible claims after application of the applicable payment parameters and s. 601.83 (4), Stats.

Ins 19.21(2)(b) (b) The commissioner shall distribute reinsurance payments in an amount that is directly proportional to the total available amount then apply the proportion to every participating carrier’s eligible paid claims amounts.

Ins 19.21 Note Example: If the Office receives eligible paid claims that aggregate $400,000,000.00 after application of the payment parameters, the Office shall pay 50% of each participating eligible health carrier’s submitted paid claims.

Ins 19.21 History History: CR 19-088: cr. Register November 2021 No. 791, eff. 12-1-21.

Ins 19.22 Ins 19.22 WIHSP payment reconciliation. The reconciliation period in this section means the time between June 30, or the date the commissioner notifies eligible health carriers of reinsurance payments, through December 31, of the calendar year following the applicable benefit year. For example, the reconciliation period for benefit year 2019 starts June 30, 2020, and continues through December 31, 2020. The following provisions apply during the reconciliation period:

Ins 19.22(1) (1) Eligible health carriers that receive additional adjustments in claim payments or identify additional data corrections during the reconciliation period shall notify the commissioner within 30 days of identifying the overpayment or no later than December 31. If the adjustment or data correction resulted in a WIHSP overpayment, the eligible health carrier shall fully identify the claim, the amount of overpayment, and either of the following as applicable:

Ins 19.22(1)(a) (a) For eligible health carriers submitting claims for reinsurance payment during the benefit year in which the reconciliation occurs, the commissioner may reduce that benefit year’s reinsurance payment by the amount of overpayment.

Ins 19.22(1)(b) (b) If a health carrier does not submit claims for reinsurance payment during the benefit year in which the reconciliation occurs, the amount of overpayment shall be remitted to the commissioner at the commissioner’s request.

Ins 19.22(2) (2) If, after June 30 of the reconciliation period, the eligible health carrier determines it underreported eligible claims as a result of claim adjustments or data corrections, the eligible health carrier shall notify the commissioner of the claim adjustments and data correction with supporting documentation as soon as possible. The commissioner may, at the commissioner’s sole discretion, provide additional reinsurance payments to the eligible health carrier for the applicable benefit year based on such factors as the reason for the underreporting, the timing of the underreporting and the availability of funds for distribution.

Ins 19.22(3) (3) If the commissioner identifies an overpayment has occurred to any eligible health carrier the commissioner may order, at the commissioner’s sole discretion, either repayment of the amount of the overpayment or may reduce future reinsurance payments to applicable eligible carriers in the amount of the overpayment.

Ins 19.22 History History: CR 19-088: cr. Register November 2021 No. 791, eff. 12-1-21; correction in (2) made under s. 35.17, Stats., Register November 2021 No. 791.

Ins 19.24 Ins 19.24 Compliance audit.

Ins 19.24(1) (1) The commissioner may, at the commissioner’s sole discretion, conduct an audit in accordance with s. 601.83 (5) (f), Stats., with the reasonable audit costs paid by the audited carrier pursuant to s. 601.45 (1), Stats. The commissioner shall give the carrier reasonable notice and identify the scope of the audit to be conducted.

Ins 19.24(2) (2) Upon findings by the commissioner that an eligible health carrier provided falsified data or intentionally provided incomplete data, the commissioner may determine, at the commissioner’s sole discretion, that health carrier is ineligible for reinsurance payments for subsequent benefit years. The health carrier shall be issued an order of the commissioner with administrative hearing rights as contained in s. 227.44, Stats.

Ins 19.24 History History: CR 19-088: cr. Register November 2021 No. 791, eff. 12-1-21.