Date of enactment: January 31, 2024
2023 Assembly Bill 62 Date of publication*: February 1, 2024
2023 WISCONSIN ACT 91
AN ACT to amend 40.51 (8), 40.51 (8m), 66.0137 (4), 120.13 (2) (g) and 185.983 (1) (intro.); and to create 632.722
of the statutes; relating to: assignment of dental benefits under health insurance.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 40.51 (8) of the statutes is amended to
read:
40.51 (8) Every health care coverage plan offered by
the state under sub. (6) shall comply with ss. 631.89,
631.90, 631.93 (2), 631.95, 632.72 (2), 632.722,
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, 632.87 (3) to (6), 632.885, 632.89,
632.895 (5m) and (8) to (17), and 632.896.
SECTION 2. 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, 632.722, 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 (11) to (17).
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 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),
632.722, 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)
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), 632.722, 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) to (17), 632.896, and 767.513 (4).
SECTION 5. 185.983 (1) (intro.) of the statutes is
amended to read:
185.983 (1) (intro.) Every voluntary nonprofit health
care plan operated by a cooperative association orga-
nized under s. 185.981 shall be exempt from chs. 600 to
646, with the exception of ss. 601.04, 601.13, 601.31,
601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67,
619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89,
631.93, 631.95, 632.72 (2), 632.722, 632.729, 632.745 to
632.749, 632.775, 632.79, 632.795, 632.798, 632.85,
632.853, 632.855, 632.861, 632.867, 632.87 (2) to (6),
632.885, 632.89, 632.895 (5) and (8) to (17), 632.896,
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 91 2023 Assembly Bill 62
and 632.897 (10) and chs. 609, 620, 630, 635, 645, and
646, but the sponsoring association shall:
SECTION 6. 632.722 of the statutes is created to read:
632.722 Assignment of dental benefits. (1) An
insured may assign the right to receive reimbursement for
dental care and related services under a policy, as defined
under s. 632.873 (1) (b), directly to a provider of dental
care or related services. An insured may revoke an
assignment under this subsection at any time.
(2) If the right to receive reimbursement for dental
care and related services is assigned to a provider of den-
tal care or related services, if the assignment has not been
revoked, and if the assignment is known to the insurer at
the time that a claim is received, the insurer shall directly
pay the provider the amount of the claim under the same
criteria and payment schedule under which the insurer
would have reimbursed the insured.
(3) An insurer may require an assignment or revoca-
tion of an assignment under this section to be docu-
mented in writing or submitted electronically.
SECTION 7.0Initial 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 or plans that are affected by a collec-
tive bargaining agreement containing provisions incon-
sistent 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 8.0Effective date.
(1) This act takes effect on the first day of the 7th
month beginning after publication.