Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1129 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1129
5	5	March 6, 2024 - Introduced by Representatives VANDERMEER, CONSIDINE, ANDRACA,
6	6	BEHNKE, CONLEY, EMERSON, JACOBSON, JOERS, MOORE OMOKUNDE, SINICKI and
7	7	SUBECK, cosponsored by Senator ROYS. Referred to Committee on Insurance.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 40.51 (8), 40.51 (8m), 66.0137 (4), 120.13 (2) (g) and 185.983
10	10	(1) (intro.); and to create 609.713 and 632.87 (7) of the statutes; relating to:
11	11	compensation of qualified treatment trainees under health insurance policies
12	12	and plans.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill prohibits any health insurance plan from excluding coverage for
15	15	mental health or behavioral health treatment or services provided by a qualified
16	16	treatment trainee within the scope of the qualified treatment trainee's education and
17	17	training if the health insurance policy covers the mental health or behavioral health
18	18	treatment or services when provided by another health care provider. Further, the
19	19	bill prohibits health insurance plans from covering mental health or behavioral
20	20	health treatment or services provided by a qualified treatment trainee at a rate that
21	21	is lower than the rate paid to another qualified treatment trainee for the same
22	22	treatment or service under the Medical Assistance program. The Medical Assistance
23	23	program is a joint federal and state program that provides health services to
24	24	individuals who have limited financial resources. Qualified treatment trainee is
25	25	defined under the bill to mean a person with a graduate degree from an accredited
26	26	institution and course work in professional counseling, marriage and family therapy,
27	27	or social work or course work that leads to, or is substantially equivalent to course
28	28	work that leads to, licensure in his or her field of practice and who has not yet
29	29	completed the applicable supervised practice requirements for licensure in his or her
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35	35	ASSEMBLY BILL 1129
36	36	field of practice but has completed at least 1,000 hours of clinical training associated
37	37	with his or her field of practice.
38	38	This proposal may contain a health insurance mandate requiring a social and
39	39	financial impact report under s. 601.423, stats.
40	40	The people of the state of Wisconsin, represented in senate and assembly, do
41	41	enact as follows:
42	42	SECTION 1. 40.51 (8) of the statutes is amended to read:
43	43	40.51 (8) Every health care coverage plan offered by the state under sub. (6)
44	44	shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.729, 632.746
45	45	(1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853,
46	46	632.855, 632.861, 632.867, 632.87 (3) to (6) (7), 632.885, 632.89, 632.895 (5m) and (8)
47	47	to (17), and 632.896.
48	48	SECTION 2. 40.51 (8m) of the statutes is amended to read:
49	49	40.51 (8m) Every health care coverage plan offered by the group insurance
50	50	board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10),
51	51	632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.861,
52	52	632.867, 632.87 (7), 632.885, 632.89, and 632.895 (11) to (17).
53	53	SECTION 3. 66.0137 (4) of the statutes is amended to read:
54	54	66.0137 (4) SELF-INSURED HEALTH PLANS. If a city, including a 1st class city, or
55	55	a village provides health care benefits under its home rule power, or if a town
56	56	provides health care benefits, to its officers and employees on a self-insured basis,
57	57	the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
58	58	632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855,
59	59	632.861, 632.867, 632.87 (4) to (6) (7), 632.885, 632.89, 632.895 (9) to (17), 632.896,
60	60	and 767.513 (4).
61	61	SECTION 4. 120.13 (2) (g) of the statutes is amended to read:
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84	84	SECTION 4
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86	86	120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss.
87	87	49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2.,
88	88	632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.861, 632.867, 632.87 (4) to (6) (7),
89	89	632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).
90	90	SECTION 5. 185.983 (1) (intro.) of the statutes is amended to read:
91	91	185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a
92	92	cooperative association organized under s. 185.981 shall be exempt from chs. 600 to
93	93	646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44,
94	94	601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93,
95	95	631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798,
96	96	632.85, 632.853, 632.855, 632.861, 632.867, 632.87 (2) to (6) (7), 632.885, 632.89,
97	97	632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645,
98	98	and 646, but the sponsoring association shall:
99	99	SECTION 6. 609.713 of the statutes is created to read:
100	100	609.713 Qualified treatment trainee coverage. Limited service health
101	101	organizations, preferred provider plans, and defined network plans are subject to s.
102	102	632.87 (7).
103	103	SECTION 7. 632.87 (7) of the statutes is created to read:
104	104	632.87 (7) (a) (intro.) In this subsection:
105	105	1. “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp).
106	106	2. “Marriage and family therapy” has the meaning given in s. 457.01 (5).
107	107	3. “Professional counseling” has the meaning given in s. 457.01 (6).
108	108	4. “Qualified treatment trainee” means an individual with a graduate degree
109	109	from an accredited institution and course work in professional counseling, marriage
110	110	and family therapy, or social work or course work that leads to, or is substantially
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135	135	25 - 4 -2023 - 2024 Legislature LRB-1039/1
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137	137	SECTION 7 ASSEMBLY BILL 1129
138	138	equivalent to course work that leads to, licensure in his or her field of practice and
139	139	who has not yet completed the applicable supervised practice requirements for
140	140	licensure in his or her field of practice but who has completed at least 1,000 hours
141	141	of clinical training associated with his or her field of practice.
142	142	5. “Social work” has the meaning given in s. 457.01 (9).
143	143	(b) No policy, plan, or contract may exclude coverage for mental health or
144	144	behavioral health treatment or services provided by a qualified treatment trainee
145	145	within the scope of the qualified treatment trainee's education and training if the
146	146	policy, plan, or contract covers the mental health or behavioral health treatment or
147	147	services when provided by another health care provider.
148	148	(c) No policy, plan, or contract may cover mental health or behavioral health
149	149	treatment or services provided by a qualified treatment trainee at a rate that is less
150	150	than the rate paid to a qualified treatment trainee for the same treatment or service
151	151	under the Medical Assistance program under subch. IV of ch. 49.
152	152	SECTION 8.0Initial applicability.
153	153	(1) For policies and plans containing provisions inconsistent with this act, the
154	154	act first applies to policy or plan years beginning on the effective date of this
155	155	subsection, except as provided in sub. (2).
156	156	(2) For policies and plans that are affected by a collective bargaining agreement
157	157	containing provisions inconsistent with this act, the act first applies to policy or plan
158	158	years beginning on the effective date of this subsection or on the day on which the
159	159	collective bargaining agreement is newly established, extended, modified, or
160	160	renewed, whichever is later.
161	161	SECTION 9.0Effective date.
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186	186	LRB-1039/1
187	187	JPC:cdc&amn
188	188	SECTION 9
189	189	ASSEMBLY BILL 1129
190	190	(1) This act takes effect on this first day of the 4th month beginning after
191	191	publication.
192	192	(END)
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