1 | 1 | | LRB-4736/1 |
---|
2 | 2 | | JPC:cjs |
---|
3 | 3 | | 2023 - 2024 LEGISLATURE |
---|
4 | 4 | | 2023 ASSEMBLY BILL 1187 |
---|
5 | 5 | | April 9, 2024 - Introduced by Representative MCGUIRE. Referred to Committee on |
---|
6 | 6 | | Insurance. |
---|
7 | 7 | | ***AUTHORS SUBJECT TO CHANGE*** |
---|
8 | 8 | | AN ACT to amend 609.32 (2) (a); and to create 609.32 (2) (am) of the statutes; |
---|
9 | 9 | | relating to: provisional approval as a participating provider in a defined |
---|
10 | 10 | | network health plan. |
---|
11 | 11 | | Analysis by the Legislative Reference Bureau |
---|
12 | 12 | | This bill requires defined network plans to issue provisional approvals to |
---|
13 | 13 | | individual health care providers who submit a completed application, contract, or |
---|
14 | 14 | | letter of intent to become a participating provider in a plan's network and who agree |
---|
15 | 15 | | to the plan's terms for providers of the same type. Defined network plans are health |
---|
16 | 16 | | benefit plans that require or provide incentives for their enrollees to use providers |
---|
17 | 17 | | that are managed, owned, under contract with, or employed by the insurer that offers |
---|
18 | 18 | | the health benefit plan. Defined network plans include such plans as health |
---|
19 | 19 | | maintenance organizations, including, for purposes of this bill, health maintenance |
---|
20 | 20 | | organizations that serve Medical Assistance recipients, and some preferred provider |
---|
21 | 21 | | plans. Current law requires defined network plans to develop a process for selecting |
---|
22 | 22 | | and establishing minimum professional requirements for participating providers, |
---|
23 | 23 | | which must include verifying providers' credentials and the history of any liability |
---|
24 | 24 | | claims made against providers. The bill requires a defined network plan to ensure |
---|
25 | 25 | | that any entity that it contracts with to perform review or verification also complies |
---|
26 | 26 | | with the bill. The bill requires defined network plans to notify providers of the final |
---|
27 | 27 | | approval or denial of participating provider status in writing along with the effective |
---|
28 | 28 | | date of the approval or denial. |
---|
29 | 29 | | A provisional approval under the bill allows the applicant provider to provide |
---|
30 | 30 | | services and obtain reimbursement as if the applicant is a participating provider |
---|
31 | 31 | | 1 |
---|
32 | 32 | | 2 |
---|
33 | 33 | | 3 - 2 -2023 - 2024 Legislature LRB-4736/1 |
---|
34 | 34 | | JPC:cjs |
---|
35 | 35 | | ASSEMBLY BILL 1187 |
---|
36 | 36 | | under the plan before the applicant attains final approval to be a participating |
---|
37 | 37 | | provider effective on the date the plan receives the provider's application, contract, |
---|
38 | 38 | | or letter of intent. The bill prohibits a plan from recouping any payments it makes |
---|
39 | 39 | | to a provider during the period the provisional approval is effective. If the plan |
---|
40 | 40 | | ultimately denies the provider's application, contract, or letter of intent, the plan |
---|
41 | 41 | | must reimburse the provider for services provided during the period the provisional |
---|
42 | 42 | | approval was effective for at least two weeks following the date that the provider's |
---|
43 | 43 | | application, contract, or letter of intent is denied. |
---|
44 | 44 | | The people of the state of Wisconsin, represented in senate and assembly, do |
---|
45 | 45 | | enact as follows: |
---|
46 | 46 | | SECTION 1. 609.32 (2) (a) of the statutes is amended to read: |
---|
47 | 47 | | 609.32 (2) (a) A defined network plan shall develop a process for selecting |
---|
48 | 48 | | participating providers, including written policies and procedures that the plan uses |
---|
49 | 49 | | for review and approval of providers. After consulting with appropriately qualified |
---|
50 | 50 | | providers, the plan shall establish minimum professional requirements for its |
---|
51 | 51 | | participating providers. The process for selection shall include verification of a |
---|
52 | 52 | | provider's license or certificate, including the history of any suspensions or |
---|
53 | 53 | | revocations, and the history of any liability claims made against the provider. The |
---|
54 | 54 | | defined network plan shall issue a provisional approval to an individual provider |
---|
55 | 55 | | who submits a completed application, contract, or letter of intent to become a |
---|
56 | 56 | | participating provider and who agrees to comply with the terms of the plan that are |
---|
57 | 57 | | applicable to providers of the same type as the applicant. A health maintenance |
---|
58 | 58 | | organization that serves Medical Assistance recipients shall comply with this |
---|
59 | 59 | | paragraph when considering the selection of a provider who is certified by the |
---|
60 | 60 | | department of health services under the Medical Assistance program. A defined |
---|
61 | 61 | | network plan shall ensure that any entity it contracts with to perform review or |
---|
62 | 62 | | verification of a provider's application, contract, or letter of intent to become a |
---|
63 | 63 | | participating provider complies with this paragraph. A defined network plan shall |
---|
64 | 64 | | 1 |
---|
65 | 65 | | 2 |
---|
66 | 66 | | 3 |
---|
67 | 67 | | 4 |
---|
68 | 68 | | 5 |
---|
69 | 69 | | 6 |
---|
70 | 70 | | 7 |
---|
71 | 71 | | 8 |
---|
72 | 72 | | 9 |
---|
73 | 73 | | 10 |
---|
74 | 74 | | 11 |
---|
75 | 75 | | 12 |
---|
76 | 76 | | 13 |
---|
77 | 77 | | 14 |
---|
78 | 78 | | 15 |
---|
79 | 79 | | 16 |
---|
80 | 80 | | 17 |
---|
81 | 81 | | 18 - 3 -2023 - 2024 Legislature |
---|
82 | 82 | | LRB-4736/1 |
---|
83 | 83 | | JPC:cjs |
---|
84 | 84 | | SECTION 1 |
---|
85 | 85 | | ASSEMBLY BILL 1187 |
---|
86 | 86 | | notify a provider in writing of the final approval or denial of an application, contract, |
---|
87 | 87 | | or letter of intent to become a participating provider and the effective date of the final |
---|
88 | 88 | | approval or denial. |
---|
89 | 89 | | SECTION 2. 609.32 (2) (am) of the statutes is created to read: |
---|
90 | 90 | | 609.32 (2) (am) All of the following apply to a provisional approval issued under |
---|
91 | 91 | | par. (a): |
---|
92 | 92 | | 1. The provisional approval shall allow the provider to provide services and |
---|
93 | 93 | | obtain reimbursement under the defined network plan as if the provider was a |
---|
94 | 94 | | participating provider before the provider attains final approval or denial as a |
---|
95 | 95 | | participating provider. |
---|
96 | 96 | | 2. The provisional approval is effective on the date the defined network plan |
---|
97 | 97 | | receives the application, contract, or letter of intent. |
---|
98 | 98 | | 3. A defined network plan may not recoup any payments to a provider made |
---|
99 | 99 | | during the period a provisional approval is effective. |
---|
100 | 100 | | 4. A defined network plan shall reimburse a provider for services provided |
---|
101 | 101 | | during the period the provisional approval was effective for at least 2 weeks following |
---|
102 | 102 | | the date that the provider's application, contract, or letter of intent is denied. |
---|
103 | 103 | | SECTION 3.0Initial applicability. |
---|
104 | 104 | | (1) This act first applies to applications, contracts, and letters of intent to |
---|
105 | 105 | | become a participating provider received by a defined network plan on the effective |
---|
106 | 106 | | date of this subsection. |
---|
107 | 107 | | SECTION 4.0Effective date. |
---|
108 | 108 | | (1) This act takes effect on the first day of the 4th month beginning after |
---|
109 | 109 | | publication. |
---|
110 | 110 | | (END) |
---|
111 | 111 | | 1 |
---|
112 | 112 | | 2 |
---|
113 | 113 | | 3 |
---|
114 | 114 | | 4 |
---|
115 | 115 | | 5 |
---|
116 | 116 | | 6 |
---|
117 | 117 | | 7 |
---|
118 | 118 | | 8 |
---|
119 | 119 | | 9 |
---|
120 | 120 | | 10 |
---|
121 | 121 | | 11 |
---|
122 | 122 | | 12 |
---|
123 | 123 | | 13 |
---|
124 | 124 | | 14 |
---|
125 | 125 | | 15 |
---|
126 | 126 | | 16 |
---|
127 | 127 | | 17 |
---|
128 | 128 | | 18 |
---|
129 | 129 | | 19 |
---|
130 | 130 | | 20 |
---|
131 | 131 | | 21 |
---|
132 | 132 | | 22 |
---|
133 | 133 | | 23 |
---|
134 | 134 | | 24 |
---|
135 | 135 | | 25 |
---|