Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1039 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-5854/1
2	2	JPC:cdc&amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 1039
5	5	February 19, 2024 - Introduced by Senator ROYS, cosponsored by Representatives
6	6	VANDERMEER, CONSIDINE, ANDRACA, BEHNKE, CONLEY, EMERSON, JACOBSON,
7	7	JOERS, MOORE OMOKUNDE, SINICKI and SUBECK. Referred to Committee on
8	8	Insurance and Small Business.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 40.51 (8), 40.51 (8m), 66.0137 (4), 120.13 (2) (g) and 185.983
11	11	(1) (intro.); and to create 609.713 and 632.87 (7) of the statutes; relating to:
12	12	compensation of qualified treatment trainees under health insurance policies
13	13	and plans.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill prohibits any health insurance plan from excluding coverage for
16	16	mental health or behavioral health treatment or services provided by a qualified
17	17	treatment trainee within the scope of the qualified treatment trainee's education and
18	18	training if the health insurance policy covers the mental health or behavioral health
19	19	treatment or services when provided by another health care provider. Further, the
20	20	bill prohibits health insurance plans from covering mental health or behavioral
21	21	health treatment or services provided by a qualified treatment trainee at a rate that
22	22	is lower than the rate paid to another qualified treatment trainee for the same
23	23	treatment or service under the Medical Assistance program. The Medical Assistance
24	24	program is a joint federal and state program that provides health services to
25	25	individuals who have limited financial resources. Qualified treatment trainee is
26	26	defined under the bill to mean a person with a graduate degree from an accredited
27	27	institution and course work in professional counseling, marriage and family therapy,
28	28	or social work or course work that leads to, or is substantially equivalent to course
29	29	work that leads to, licensure in his or her field of practice and who has not yet
30	30	completed the applicable supervised practice requirements for licensure in his or her
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35	35	JPC:cdc&amn
36	36	SENATE BILL 1039
37	37	field of practice but has completed at least 1,000 hours of clinical training associated
38	38	with his or her field of practice.
39	39	This proposal may contain a health insurance mandate requiring a social and
40	40	financial impact report under s. 601.423, stats.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 40.51 (8) of the statutes is amended to read:
44	44	40.51 (8) Every health care coverage plan offered by the state under sub. (6)
45	45	shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.729, 632.746
46	46	(1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853,
47	47	632.855, 632.861, 632.867, 632.87 (3) to (6) (7), 632.885, 632.89, 632.895 (5m) and (8)
48	48	to (17), and 632.896.
49	49	SECTION 2. 40.51 (8m) of the statutes is amended to read:
50	50	40.51 (8m) Every health care coverage plan offered by the group insurance
51	51	board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10),
52	52	632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.861,
53	53	632.867, 632.87 (7), 632.885, 632.89, and 632.895 (11) to (17).
54	54	SECTION 3. 66.0137 (4) of the statutes is amended to read:
55	55	66.0137 (4) SELF-INSURED HEALTH PLANS. If a city, including a 1st class city, or
56	56	a village provides health care benefits under its home rule power, or if a town
57	57	provides health care benefits, to its officers and employees on a self-insured basis,
58	58	the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
59	59	632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855,
60	60	632.861, 632.867, 632.87 (4) to (6) (7), 632.885, 632.89, 632.895 (9) to (17), 632.896,
61	61	and 767.513 (4).
62	62	SECTION 4. 120.13 (2) (g) of the statutes is amended to read:
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83	83	LRB-5854/1
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85	85	SECTION 4
86	86	SENATE BILL 1039
87	87	120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss.
88	88	49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2.,
89	89	632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.861, 632.867, 632.87 (4) to (6) (7),
90	90	632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).
91	91	SECTION 5. 185.983 (1) (intro.) of the statutes is amended to read:
92	92	185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a
93	93	cooperative association organized under s. 185.981 shall be exempt from chs. 600 to
94	94	646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44,
95	95	601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93,
96	96	631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798,
97	97	632.85, 632.853, 632.855, 632.861, 632.867, 632.87 (2) to (6) (7), 632.885, 632.89,
98	98	632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645,
99	99	and 646, but the sponsoring association shall:
100	100	SECTION 6. 609.713 of the statutes is created to read:
101	101	609.713 Qualified treatment trainee coverage. Limited service health
102	102	organizations, preferred provider plans, and defined network plans are subject to s.
103	103	632.87 (7).
104	104	SECTION 7. 632.87 (7) of the statutes is created to read:
105	105	632.87 (7) (a) (intro.) In this subsection:
106	106	1. “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp).
107	107	2. “Marriage and family therapy” has the meaning given in s. 457.01 (5).
108	108	3. “Professional counseling” has the meaning given in s. 457.01 (6).
109	109	4. “Qualified treatment trainee” means an individual with a graduate degree
110	110	from an accredited institution and course work in professional counseling, marriage
111	111	and family therapy, or social work or course work that leads to, or is substantially
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136	136	25 - 4 -2023 - 2024 Legislature LRB-5854/1
137	137	JPC:cdc&amn
138	138	SECTION 7 SENATE BILL 1039
139	139	equivalent to course work that leads to, licensure in his or her field of practice and
140	140	who has not yet completed the applicable supervised practice requirements for
141	141	licensure in his or her field of practice but who has completed at least 1,000 hours
142	142	of clinical training associated with his or her field of practice.
143	143	5. “Social work” has the meaning given in s. 457.01 (9).
144	144	(b) No policy, plan, or contract may exclude coverage for mental health or
145	145	behavioral health treatment or services provided by a qualified treatment trainee
146	146	within the scope of the qualified treatment trainee's education and training if the
147	147	policy, plan, or contract covers the mental health or behavioral health treatment or
148	148	services when provided by another health care provider.
149	149	(c) No policy, plan, or contract may cover mental health or behavioral health
150	150	treatment or services provided by a qualified treatment trainee at a rate that is less
151	151	than the rate paid to a qualified treatment trainee for the same treatment or service
152	152	under the Medical Assistance program under subch. IV of ch. 49.
153	153	SECTION 8.0Initial applicability.
154	154	(1) For policies and plans containing provisions inconsistent with this act, the
155	155	act first applies to policy or plan years beginning on the effective date of this
156	156	subsection, except as provided in sub. (2).
157	157	(2) For policies and plans that are affected by a collective bargaining agreement
158	158	containing provisions inconsistent with this act, the act first applies to policy or plan
159	159	years beginning on the effective date of this subsection or on the day on which the
160	160	collective bargaining agreement is newly established, extended, modified, or
161	161	renewed, whichever is later.
162	162	SECTION 9.0Effective date.
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186	186	24 - 5 -2023 - 2024 Legislature
187	187	LRB-5854/1
188	188	JPC:cdc&amn
189	189	SECTION 9
190	190	SENATE BILL 1039
191	191	(1) This act takes effect on this first day of the 4th month beginning after
192	192	publication.
193	193	(END)
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