1 | 1 | | LRB-2096/1 |
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2 | 2 | | JPC:kms&emw |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 311 |
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5 | 5 | | June 9, 2023 - Introduced by Representatives WITTKE, RETTINGER, ARMSTRONG, |
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6 | 6 | | O'CONNOR and WICHGERS, cosponsored by Senators TESTIN and BALLWEG. |
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7 | 7 | | Referred to Committee on Insurance. |
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8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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9 | 9 | | AN ACT to amend 448.95 (7) and 632.87 (1); and to create 632.87 (4s) of the |
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10 | 10 | | statutes; relating to: athletic training and coverage of the services of athletic |
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11 | 11 | | trainers under health insurance policies and plans. |
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12 | 12 | | Analysis by the Legislative Reference Bureau |
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13 | 13 | | Current law prohibits health insurance policies, plans, or contracts from |
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14 | 14 | | excluding coverage of the services of various types of health care providers within the |
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15 | 15 | | scope of their licenses, including chiropractors, dentists, optometrists, and nurse |
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16 | 16 | | practitioners, if those services are covered when provided by another type of health |
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17 | 17 | | care provider. This bill prohibits a health insurance policy, plan, or contract from |
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18 | 18 | | excluding or refusing to cover services provided by an athletic trainer within the |
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19 | 19 | | scope of the athletic trainer's license if the policy, plan, or contract covers those |
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20 | 20 | | services when provided by another type of health care provider. The bill also amends |
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21 | 21 | | the definition of “physical activity” for purposes of defining the scope of athletic |
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22 | 22 | | training to mean participation in exercise, sports, games, recreation, wellness, |
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23 | 23 | | fitness, or employment activities. |
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24 | 24 | | This proposal may contain a health insurance mandate requiring a social and |
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25 | 25 | | financial impact report under s. 601.423, stats. |
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26 | 26 | | For further information see the state fiscal estimate, which will be printed as |
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27 | 27 | | an appendix to this bill. |
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28 | 28 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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29 | 29 | | enact as follows: |
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32 | 32 | | 3 - 2 -2023 - 2024 Legislature LRB-2096/1 |
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33 | 33 | | JPC:kms&emw |
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34 | 34 | | SECTION 1 ASSEMBLY BILL 311 |
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35 | 35 | | SECTION 1. 448.95 (7) of the statutes is amended to read: |
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36 | 36 | | 448.95 (7) “Physical activity" means vigorous participation in exercise, sports, |
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37 | 37 | | games, recreation, wellness, fitness, or employment activities. |
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38 | 38 | | SECTION 2. 632.87 (1) of the statutes is amended to read: |
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39 | 39 | | 632.87 (1) No insurer may refuse to provide or pay for benefits for health care |
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40 | 40 | | services provided by a licensed health care professional on the ground that the |
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41 | 41 | | services were not rendered by a physician as defined in s. 990.01 (28), unless the |
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42 | 42 | | contract clearly excludes services by such practitioners, but no contract or plan may |
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43 | 43 | | exclude services in violation of sub. (2), (2m), (3), (4), (4m), (4s), (5), or (6). |
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44 | 44 | | SECTION 3. 632.87 (4s) of the statutes is created to read: |
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45 | 45 | | 632.87 (4s) (a) In this subsection: |
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46 | 46 | | 1. “Athletic trainer" means an individual who is licensed as an athletic trainer |
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47 | 47 | | under subch. VI of ch. 448. |
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48 | 48 | | 2. “Health care provider" has the meaning given in s. 146.81 (1). |
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49 | 49 | | (b) No policy, plan, or contract may exclude or refuse to provide coverage for |
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50 | 50 | | services provided by an athletic trainer within the scope of the athletic trainer's |
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51 | 51 | | license if the policy, plan, or contract covers those services when provided by another |
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52 | 52 | | health care provider. |
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53 | 53 | | SECTION 4.0Initial applicability. |
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54 | 54 | | (1) For policies and plans containing provisions inconsistent with this act, the |
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55 | 55 | | act first applies to policy or plan years beginning on January 1 of the year following |
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56 | 56 | | the year in which this subsection takes effect, except as provided in sub. (2). |
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57 | 57 | | (2) For policies and plans that are affected by a collective bargaining agreement |
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58 | 58 | | containing provisions inconsistent with this act, this act first applies to policy or plan |
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59 | 59 | | years beginning on the effective date of this subsection or on the day on which the |
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84 | 84 | | 25 - 3 -2023 - 2024 Legislature |
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85 | 85 | | LRB-2096/1 |
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86 | 86 | | JPC:kms&emw |
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87 | 87 | | SECTION 4 |
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88 | 88 | | ASSEMBLY BILL 311 |
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89 | 89 | | collective bargaining agreement is newly established, extended, modified, or |
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90 | 90 | | renewed, whichever is later. |
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91 | 91 | | SECTION 5.0Effective date. |
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92 | 92 | | (1) This act takes effect on the first day of the 4th month beginning after |
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93 | 93 | | publication. |
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94 | 94 | | (END) |
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