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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 117
March 24, 2023 - Introduced by Representatives GUSTAFSON, BINSFELD, SNODGRASS,
J. ANDERSON, ANDRACA, BALDEH, BARE, BEHNKE, CABRERA, CONLEY, CONSIDINE,
DITTRICH, GOEBEN, JOERS, KRUG, MACCO, MURPHY, MURSAU, OHNSTAD,
ORTIZ-VELEZ, PALMERI, ROZAR, SINICKI, SPIROS, STUBBS, SUBECK, TUSLER,
VINING, CLANCY, MADISON and H AYWOOD, cosponsored by Senators
CABRAL-GUEVARA, LARSON, HESSELBEIN, JAMES, SPREITZER, TAYLOR and WIRCH.
Referred to Committee on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber 632.895 (8) (a) 1.; to renumber and amend 632.895 (8)
(d); to amend 40.51 (8m), 66.0137 (4), 120.13 (2) (g) and 609.80; and to create
49.46 (2) (b) 6. n., 632.895 (8) (a) 1c., 632.895 (8) (a) 1e., 632.895 (8) (a) 1g.,
632.895 (8) (a) 1n., 632.895 (8) (a) 1r., 632.895 (8) (a) 4., 632.895 (8) (a) 5.,
632.895 (8) (a) 6., 632.895 (8) (am), 632.895 (8) (d) 2. and 632.895 (8) (d) 3. of the
statutes; relating to: coverage of breast cancer screenings by the Medical
Assistance program and health insurance policies and plans.
Analysis by the Legislative Reference Bureau
This bill requires health insurance policies to provide coverage for
supplemental breast screening examinations or diagnostic breast examinations for
an individual who is at increased risk of breast cancer, as determined in accordance
with the most recent applicable guidelines of the National Comprehensive Cancer
Network, or has heterogeneously or extremely dense breast tissue, as defined by the
Breast Imaging-Reporting and Data System established by the American College of
Radiology. Health insurance policies are referred to in the statutes as disability
insurance policies. Self-insured governmental health plans are also required to
provide the coverage specified in the bill. The bill also requires coverage of those
breast screenings by the Medical Assistance program, which is the
state-administered Medicaid program that is jointly funded by the state and federal
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ASSEMBLY BILL 117
governments and that provides health services to individuals with limited financial
resources.
Under the bill, health insurance policies may not charge a cost-sharing amount
for a supplemental breast screening examination or diagnostic breast examination.
The limitation on cost-sharing does not apply to the extent that the limitation would
result in ineligibility for a health savings account under the federal Internal Revenue
Code.
Health insurance policies are required under current law to cover two
mammographic breast examinations to screen for breast cancer for a woman from
ages 45 to 49 if certain criteria are satisfied. Health insurance policies must
currently cover annual mammograms for a woman once she attains the age of 50.
The coverage required under current law is required whether or not the woman
shows any symptoms of breast cancer and may be subject to only the same exclusions
and limitations, including cost sharing, that apply to other radiological
examinations under the policy. The bill does not change or eliminate the current
coverage requirements for mammograms, except that preferred provider plans are
explicitly included in the current law and the bill's requirements.
This proposal may contain a health insurance mandate requiring a social and
financial impact report under s. 601.423, stats.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 40.51 (8m) of the statutes is amended to read:
40.51 (8m) Every health care coverage plan offered by the group insurance
board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10),
632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.861,
632.867, 632.885, 632.89, and 632.895 (8) and (11) to (17).
SECTION 2. 49.46 (2) (b) 6. n. of the statutes is created to read:
49.46 (2) (b) 6. n. Breast screenings for which coverage is required under s.
632.895 (8) (am).
SECTION 3. 66.0137 (4) of the statutes is amended to read:
66.0137 (4) SELF-INSURED HEALTH PLANS. If a city, including a 1st class city, or
a village provides health care benefits under its home rule power, or if a town
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provides health care benefits, to its officers and employees on a self-insured basis,
the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855,
632.861, 632.867, 632.87 (4) to (6), 632.885, 632.89, 632.895 (9) (8) to (17), 632.896,
and 767.513 (4).
SECTION 4. 120.13 (2) (g) of the statutes is amended to read:
120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss.
49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2.,
632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.861, 632.867, 632.87 (4) to (6),
632.885, 632.89, 632.895 (9) (8) to (17), 632.896, and 767.513 (4).
SECTION 5. 609.80 of the statutes is amended to read:
609.80 Coverage of mammograms. Defined network plans and preferred
provider plans are subject to s. 632.895 (8). Coverage of mammograms under s.
632.895 (8) may be subject to any requirements that the defined network plan or
preferred provider plan imposes under s. 609.05 (2) and (3) on the coverage of other
health care services obtained by enrollees.
SECTION 6. 632.895 (8) (a) 1. of the statutes is renumbered 632.895 (8) (a) 1w.
SECTION 7. 632.895 (8) (a) 1c. of the statutes is created to read:
632.895 (8) (a) 1c. “Breast magnetic resonance imaging” means a diagnostic
tool that uses a powerful magnetic field, radio waves, and a computer to produce
detailed pictures of the structures within the breast.
SECTION 8. 632.895 (8) (a) 1e. of the statutes is created to read:
632.895 (8) (a) 1e. “Breast tomosynthesis” means a procedure that uses X-rays
to take a series of pictures of the inside of the breast from many different angles.
SECTION 9. 632.895 (8) (a) 1g. of the statutes is created to read:
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SECTION 9 ASSEMBLY BILL 117
632.895 (8) (a) 1g. “Breast ultrasound” means a noninvasive diagnostic tool
that uses high-frequency sound.
SECTION 10. 632.895 (8) (a) 1n. of the statutes is created to read:
632.895 (8) (a) 1n. “Diagnostic breast examination” means a medically
necessary and appropriate examination of the breast, including an examination
using diagnostic mammography, breast magnetic resonance imaging, breast
tomosynthesis, or breast ultrasound that is used to evaluate any of the following:
a. An abnormality seen or suspected from a screening examination for breast
cancer.
b. An abnormality that is detected by another means of examination.
SECTION 11. 632.895 (8) (a) 1r. of the statutes is created to read:
632.895 (8) (a) 1r. “Diagnostic mammography” means a diagnostic tool that
uses X-rays and is designed to evaluate an abnormality in the breast.
SECTION 12. 632.895 (8) (a) 4. of the statutes is created to read:
632.895 (8) (a) 4. “Screening mammography” means an X-ray examination of
the breasts taken to check for breast cancer in the absence of signs or symptoms.
SECTION 13. 632.895 (8) (a) 5. of the statutes is created to read:
632.895 (8) (a) 5. “Self-insured health plan” has the meaning given in s.
632.745 (24).
SECTION 14. 632.895 (8) (a) 6. of the statutes is created to read:
632.895 (8) (a) 6. “Supplemental breast screening examination” means a
medically necessary and appropriate examination of the breast, including an
examination using breast magnetic resonance imaging or breast ultrasound that is
used to screen for breast cancer when there is no abnormality seen or suspected,
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based on personal or family medical history or additional factors that may increase
an individual's risk of breast cancer.
SECTION 15. 632.895 (8) (am) of the statutes is created to read:
632.895 (8) (am) Every disability insurance policy and self-insured health plan
shall provide coverage to an individual who is at increased risk of breast cancer, as
determined in accordance with the most recent applicable guidelines of the National
Comprehensive Cancer Network, or has heterogeneously or extremely dense breast
tissue, as defined by the Breast Imaging-Reporting and Data System established by
the American College of Radiology, for supplemental breast screening examinations
or diagnostic breast examinations for the detection of breast cancer, including
diagnostic mammography, breast ultrasounds, breast magnetic resonance imaging,
or other technologies as determined in accordance with applicable criteria and
guidelines. Coverage required under this paragraph shall be subject to the limits on
cost-sharing described under par. (d) 2. and 3.
SECTION 16. 632.895 (8) (d) of the statutes is renumbered 632.895 (8) (d) 1. and
amended to read:
632.895 (8) (d) 1. Coverage is required under this subsection despite whether
the woman shows any symptoms of breast cancer. Except as provided in subds. 2.
and 3. and pars. (b), (c) and (e), coverage under this subsection may only be subject
to exclusions and limitations, including deductibles, copayments and restrictions on
excessive charges, that are applied to other radiological examinations covered under
the disability insurance policy.
SECTION 17. 632.895 (8) (d) 2. of the statutes is created to read:
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SECTION 17 ASSEMBLY BILL 117
632.895 (8) (d) 2. A disability insurance policy or self-insured health plan may
not impose on a covered individual a cost-sharing amount for a supplemental breast
screening examination or diagnostic breast examination.
SECTION 18. 632.895 (8) (d) 3. of the statutes is created to read:
632.895 (8) (d) 3. If, under federal law, application of this paragraph would
result in ineligibility for a health savings account under section 223 of the Internal
Revenue Code, this paragraph shall apply to a health-savings-account-qualified
high deductible health plan with respect to the deductible of such a plan only after
the enrollee has satisfied the minimum deductible under section 223 of the Internal
Revenue Code, except with respect to items or services that are preventive care
pursuant to section 223 (c) (2) (C) of the Internal Revenue Code, in which case this
paragraph shall apply regardless of whether the minimum deductible under section
223 of the Internal Revenue Code has been satisfied.
SECTION 19.0Initial applicability.
(1) For policies and plans containing provisions inconsistent with this act, the
act first applies to policy or plan years beginning on January 1 of the year following
the year in which this subsection takes effect, except as provided in sub. (2).
(2) For policies and plans that are affected by a collective bargaining agreement
containing provisions inconsistent with this act, this act first applies to policy or plan
years beginning on the effective date of this subsection or on the day on which the
collective bargaining agreement is newly established, extended, modified, or
renewed, whichever is later.
SECTION 20.0Effective date.
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SECTION 20
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(1) This act takes effect on the first day of the 4th month beginning after
publication.
(END)
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