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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 311
June 9, 2023 - Introduced by Representatives WITTKE, RETTINGER, ARMSTRONG,
O'CONNOR and WICHGERS, cosponsored by Senators TESTIN and BALLWEG.
Referred to Committee on Insurance.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 448.95 (7) and 632.87 (1); and to create 632.87 (4s) of the
statutes; relating to: athletic training and coverage of the services of athletic
trainers under health insurance policies and plans.
Analysis by the Legislative Reference Bureau
Current law prohibits health insurance policies, plans, or contracts from
excluding coverage of the services of various types of health care providers within the
scope of their licenses, including chiropractors, dentists, optometrists, and nurse
practitioners, if those services are covered when provided by another type of health
care provider. This bill prohibits a health insurance policy, plan, or contract from
excluding or refusing to cover services provided by an athletic trainer within the
scope of the athletic trainer's license if the policy, plan, or contract covers those
services when provided by another type of health care provider. The bill also amends
the definition of “physical activity” for purposes of defining the scope of athletic
training to mean participation in exercise, sports, games, recreation, wellness,
fitness, or employment activities.
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:
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SECTION 1 ASSEMBLY BILL 311
SECTION 1. 448.95 (7) of the statutes is amended to read:
448.95 (7) “Physical activity" means vigorous participation in exercise, sports,
games, recreation, wellness, fitness, or employment activities.
SECTION 2. 632.87 (1) of the statutes is amended to read:
632.87 (1) No insurer may refuse to provide or pay for benefits for health care
services provided by a licensed health care professional on the ground that the
services were not rendered by a physician as defined in s. 990.01 (28), unless the
contract clearly excludes services by such practitioners, but no contract or plan may
exclude services in violation of sub. (2), (2m), (3), (4), (4m), (4s), (5), or (6).
SECTION 3. 632.87 (4s) of the statutes is created to read:
632.87 (4s) (a) In this subsection:
1. “Athletic trainer" means an individual who is licensed as an athletic trainer
under subch. VI of ch. 448.
2. “Health care provider" has the meaning given in s. 146.81 (1).
(b) No policy, plan, or contract may exclude or refuse to provide coverage for
services provided by an athletic trainer within the scope of the athletic trainer's
license if the policy, plan, or contract covers those services when provided by another
health care provider.
SECTION 4.0Initial 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
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SECTION 4
ASSEMBLY BILL 311
collective bargaining agreement is newly established, extended, modified, or
renewed, whichever is later.
SECTION 5.0Effective date.
(1) This act takes effect on the first day of the 4th month beginning after
publication.
(END)
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