2007 WISCONSIN ACT
39
An Act
to repeal
149.14 (2) (c) 2., 149.165 (2) (bc) and 149.165 (4);
to renumber
149.14 (2) (c) 1.;
to renumber and amend
149.12 (2) (e) and 149.165 (2) (a);
to amend
20.435 (4) (jz), 20.435 (4) (jz), 149.14 (3) (intro.), 149.14 (5) (a), 149.142 (1) and 149.165 (3m); and
to create
149.12 (2) (e) 2. and 149.14 (3c) of the statutes;
relating to:
changes to the Health Insurance Risk-Sharing Plan.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
20.435
(4)
(jz)
Badger Care cost sharing
,
and
employer penalty assessments
, and premium subsidies
.
All moneys received from payments under s. 49.665 (5)
, all moneys transferred under s. 149.165 (4),
and all moneys received from penalty assessments under s. 49.665 (7) (b) 2. to be used for the Badger Care health care program under s. 49.665
and for the demonstration project under s. 49.45 (23)
.
Section
2
.
20.435 (4) (jz) of the statutes, as affected by
2007 Wisconsin Acts 20
and .... (this act), is amended to read:
20.435
(4)
(jz)
Medical Assistance and
Badger Care cost sharing and employer penalty assessments.
All moneys received
from
in cost sharing from medical assistance recipients, including
payments under s. 49.665 (5)
and
,
all moneys received from penalty assessments under s. 49.665 (7) (b) 2.
, and 90 percent of all moneys received from penalty assessments under s. 49.471 (9) (c)
to be used for the Badger Care health care program under s. 49.665
and for the Medical Assistance program under subch. IV of ch. 49
.
Section
3
.
149.12 (2) (e) of the statutes is renumbered 149.12 (2) (e) 1. and amended to read:
149.12
(2)
(e) 1.
No
Subject to subd. 2., no
person who is eligible for creditable coverage, other than those benefits specified in s. 632.745 (11) (b) 1. to 12., that is provided by an employer on a self-insured basis or through health insurance is eligible for coverage under the plan.
Section
4
.
149.12 (2) (e) 2. of the statutes is created to read:
149.12
(2)
(e) 2. The board may specify, subject to the approval of the commissioner, other types of coverage provided by an employer that do not render a person ineligible for coverage under the plan.
Section
5
.
149.14 (2) (c) 1. of the statutes is renumbered 149.14 (2) (c).
Section
6
.
149.14 (2) (c) 2. of the statutes is repealed.
Section
7
.
149.14 (3) (intro.) of the statutes is amended to read:
149.14
(3)
Covered expenses.
(intro.) Covered expenses for coverage under the plan shall be the payment rates established by the authority for services provided by persons licensed under ch. 446 and certified under s. 49.45 (2) (a) 11. Covered expenses for coverage under the plan shall also be the payment rates established by the authority for, at a minimum, the following services and articles if the service or article is prescribed by a physician who is licensed under ch. 448 or in another state and who is certified under s. 49.45 (2) (a) 11. and if the service or article
, except for prescription drugs that are provided by a network of pharmacies approved by the board,
is provided by a provider certified under s. 49.45 (2) (a) 11.:
Section
8
.
149.14 (3c) of the statutes is created to read:
149.14
(3c)
Temporary provider certification.
Notwithstanding the provider licensing and certification requirements under sub. (3) (intro.), for coverage of services or articles provided to an eligible person the authority may certify on a temporary basis a provider that is not licensed under ch. 446 or 448 but that is licensed in another state to provide the service or article, or a provider that is not certified under s. 49.45 (2) (a) 11. The certification under this subsection may be retroactive.
Section
9
.
149.14 (5) (a) of the statutes is amended to read:
149.14
(5)
(a) The authority shall establish and provide subsidies for deductibles paid by eligible persons with
coverage under s. 149.14 (2) (a) and
household incomes specified in s. 149.165 (2) (a)
1. to 5
to (e)
.
Section
10
.
149.142 (1) of the statutes is amended to read:
149.142
(1)
Establishment of rates.
The authority shall establish provider payment rates for covered expenses that consist of the
allowable charges paid under s. 49.46 (2)
usual and customary payment rates, as determined by the authority,
for the services and articles provided plus an
enhancement
adjustment
determined by the authority.
The rates shall be based on the allowable charges paid under s. 49.46 (2), projected plan costs, and trend factors. Using the same methodology that applies to medical assistance under subch. IV of ch. 49, the authority shall establish hospital outpatient per visit reimbursement rates and hospital inpatient reimbursement rates that are specific to diagnostically related groups of eligible persons.
The adjustments to the usual and customary rates shall be sufficient to cover the portion of plan costs specified in s. 149.143 (1) (c) and (2) (b).
Section
11
.
149.165 (2) (a) of the statutes is renumbered 149.165 (2) and amended to read:
149.165
(2)
Subject to sub. (3m), if the household income, as defined in s. 71.52 (5) and as determined under sub. (3), of an eligible person
with coverage under s. 149.14 (2) (a)
is equal to or greater than the first amount and less than the 2nd amount listed in any of the following, the authority shall reduce the premium for the eligible person
to the rate
by the percentage of the premium
shown after the amounts:
(a) If equal to or greater than $0 and less than $10,000,
to 100% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as provided under s. 149.14 (2) (a) and (5) (a)
by at least 30 percent
.
(b) If equal to or greater than $10,000 and less than $14,000,
to 106.5% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as provided under s. 149.14 (2) (a) and (5) (a)
by at least 25 percent
.
(c) If equal to or greater than $14,000 and less than $17,000,
to 115.5% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as provided under s. 149.14 (2) (a) and (5) (a)
by at least 20 percent
.
(d) If equal to or greater than $17,000 and less than $20,000,
to 124.5% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as provided under s. 149.14 (2) (a) and (5) (a)
by at least 15 percent
.
(e) If equal to or greater than $20,000 and less than $25,000,
to 130% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as provided under s. 149.14 (2) (a) and (5) (a)
by at least 10 percent
.
Section
12
.
149.165 (2) (bc) of the statutes is repealed.
Section
13
.
149.165 (3m) of the statutes is amended to read:
149.165
(3m)
The authority may approve adjustment of the household income dollar amounts listed in sub. (2) (a)
1. to 5.
to (e)
, except for the first dollar amount listed in sub. (2) (a)
1.
, to reflect changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor.
Section
15
.
Initial applicability.
(1)
Premium discounts.
The treatment of sections 149.14 (2) (c) 1. and 2. and (5) (a) and 149.165 (2) (a) and (bc) and (3m) of the statutes first applies to policy years beginning on January 1, 2008.
Section
16
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1)
Medical Assistance and Badger Care appropriation.
The treatment of section 20.435 (4) (jz) (by
Section
2) of the statutes takes effect on the date stated in the Wisconsin Administrative Register by the department of health and family services under section 49.471 (12) (b) of the statutes, as created by
2007 Wisconsin Act 20
, as the implementation date for BadgerCare Plus.
