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1. Health status.
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2. Medical condition, including both physical and mental illnesses.
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3. Claims experience.
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4. Receipt of health care.
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5. Medical history.
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6. Genetic information.
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7. Evidence of insurability, including conditions arising out of acts of domestic
19violence.
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8. Disability.
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(b) An insurer offering an individual health benefit plan or a self-insured
22health plan may not require any individual, as a condition of enrollment or continued
23enrollment under the plan, to pay, on the basis of any health status-related factor
24under par. (a) with respect to the individual or a dependent of the individual, a
25premium or contribution or a deductible, copayment, or coinsurance amount that is
1greater than the premium or contribution or deductible, copayment, or coinsurance
2amount respectively for a similarly situated individual enrolled under the plan.
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(c) Nothing in this subsection prevents an insurer offering an individual health
4benefit plan or a self-insured health plan from establishing premium discounts or
5rebates or modifying otherwise applicable cost sharing in return for adherence to
6programs of health promotion and disease prevention.
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7(4) Premium rate variation. A health benefit plan offered on the individual or
8small employer market or a self-insured health plan may vary premium rates for a
9specific plan based only on the following considerations:
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(a) Whether the policy or plan covers an individual or a family.
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(b) Rating area in the state, as established by the commissioner.
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(c) Age, except that the rate may not vary by more than 3 to 1 for adults over
13the age groups and the age bands shall be consistent with recommendations of the
14National Association of Insurance Commissioners.
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(d) Tobacco use, except that the rate may not vary by more than 1.5 to 1.
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16(5) Statewide risk pool. An insurer offering a health benefit plan may not
17segregate enrollees into risk pools other than a single statewide risk pool for the
18individual market and a single statewide risk pool for the small employer market or
19a single statewide risk pool that combines the individual and small employer
20markets.
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21(6) Annual and lifetime limits. An individual or group health benefit plan or
22a self-insured health plan may not establish any of the following:
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(a) Lifetime limits on the dollar value of benefits for an enrollee or a dependent
24of an enrollee under the plan.
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1(b) Annual limits on the dollar value of benefits for an enrollee or a dependent
2of an enrollee under the plan.
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3(7) Cost sharing maximum. A health benefit plan offered on the individual or
4small employer market may not require an enrollee under the plan to pay more in
5cost sharing than the maximum amount calculated under
42 USC 18022 (c),
6including the annual indexing of the limits.
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7(8) Medical loss ratio. (a) In this subsection, “medical loss ratio” means the
8proportion, expressed as a percentage, of premium revenues spent by a health
9benefit plan on clinical services and quality improvement.
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(b) A health benefit plan on the individual or small employer market shall have
11a medical loss ratio of at least 80 percent.
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(c) A group health benefit plan other than one described under par. (b) shall
13have a medical loss ratio of at least 85 percent.
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14(9) Actuarial values of plan tiers. Any health benefit plan offered on the
15individual or small employer market shall provide a level of coverage that is designed
16to provide benefits that are actuarially equivalent to at least 60 percent of the full
17actuarial value of the benefits provided under the plan.
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18Section
2936. 632.746 (1) (a) of the statutes is renumbered 632.746 (1) and
19amended to read:
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632.746
(1) Subject to subs. (2) and (3), an An insurer that offers a group health
21benefit plan may
, with respect to a participant or beneficiary under the plan, not 22impose a preexisting condition exclusion
only if the exclusion relates to a condition,
23whether physical or mental, regardless of the cause of the condition, for which
24medical advice, diagnosis, care or treatment was recommended or received within
1the 6-month period ending on the participant's or beneficiary's enrollment date
2under the plan on a participant or beneficiary under the plan.
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3Section
2937. 632.746 (1) (b) of the statutes is repealed.
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4Section
2938. 632.746 (2) (a) of the statutes is amended to read:
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632.746
(2) (a) An insurer offering a group health benefit plan may not
treat 6impose a preexisting condition exclusion based on genetic information
as a
7preexisting condition under sub. (1) without a diagnosis of a condition related to the
8information.