Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB991 Compare Versions

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

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1	1	LRB-5556/1
2	2	MED&MIM:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 991
5	5	February 7, 2024 - Introduced by COMMITTEE ON LABOR, REGULATORY REFORM,
6	6	VETERANS AND MILITARY AFFAIRS. Referred to Committee on Labor, Regulatory
7	7	Reform, Veterans and Military Affairs.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to repeal 102.51 (1) (a) 2.; to renumber and amend 102.32 (6m); to
10	10	amend 102.11 (1) (intro.), 102.13 (1) (a), 102.13 (1) (b) (intro.), 1., 3. and 4.,
11	11	102.13 (1) (d) 1., 2., 3. and 4., 102.13 (2) (a), 102.13 (2) (b), 102.17 (1) (d) 1. and
12	12	2., 102.17 (4) (a), 102.29 (3), 102.42 (2) (a), 102.51 (1) (a) 1., 102.61 (1), 102.61
13	13	(1g) (b), 102.61 (1g) (c), 102.61 (1m) (a), 102.81 (1) (c) 1. and 102.81 (1) (c) 2.; and
14	14	to create 102.18 (1) (b) 1d., 102.18 (1) (b) 1h., 102.18 (1) (b) 1p., 102.18 (1) (b)
15	15	1t. and 102.32 (6m) (b) of the statutes; relating to: various changes to the
16	16	worker's compensation law.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill makes various changes to the worker's compensation law, as
19	19	administered by the Department of Workforce Development and the Division of
20	20	Hearings and Appeals (DHA) in the Department of Administration.
21	21	Maximum weekly compensation for permanent partial disability
22	22	The bill increases the maximum weekly compensation rate for permanent
23	23	partial disability from $430 to $438 for injuries occurring before January 1, 2025, and
24	24	to $446 for injuries occurring on or after that date.
25	25	Uninsured employers fund
26	26	Under current law, DWD administers an uninsured employers fund (UEF),
27	27	from which DWD pays benefits to injured employees of employers that are not
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37	37	SENATE BILL 991
38	38	insured or self-insured against worker's compensation liability as required under
39	39	the worker's compensation law. Also under current law, the additional solvency
40	40	protection for UEF applies to claims of more than $1,000,000, and is used to pay
41	41	claims of more than $1,000,000. If such a claim is not covered by excess or stop-loss
42	42	reinsurance, worker's compensation insurance carriers are required to reimburse
43	43	UEF, up to $500,000 per year, until the amount paid out of UEF is fully paid. Under
44	44	the bill, the amount of a claim for which UEF is used to pay is increased to $2,000,000
45	45	or more.
46	46	Advance payment for permanent partial disability
47	47	Under current law, DWD or DHA may direct an advance on a payment of
48	48	unaccrued compensation for permanent disability or death benefits not more than
49	49	three payments per calendar year if DWD or DHA determines it is in the best interest
50	50	of the injured employee or dependents and credits the employer or insurer an interest
51	51	credit of 5 percent against its liability. Under the bill, an employer or an employer's
52	52	insurer may make advance payment of unaccrued compensation for permanent
53	53	partial disability in undisputed cases in the same manner, but without the interest
54	54	credit to the employer or insurer.
55	55	Case closing
56	56	The bill clarifies some of the duties of DWD and DHA with respect to closing
57	57	cases for claims of compensation. The bill requires DHA to return to DWD the case
58	58	file for any case within 30 days after DHA issues an order on the merits of the case,
59	59	if there is no pending appeal to a court. The bill also clarifies that DWD has exclusive
60	60	authority to close a case of a claim for compensation. The bill allows DWD to notify
61	61	the parties when it closes a case of a claim for compensation. The bill requires DWD
62	62	to forward to DHA the file for a closed case of a claim for compensation if a hearing
63	63	is required because a claimant has filed a subsequent application for compensation.
64	64	Finally, the bill provides the statute of limitations begins to run on the date an order
65	65	is issued by the division that approves a compromise agreement, and subsequent
66	66	claims will not be barred except as provided by the applicable statute of limitations.
67	67	Advanced practice nurse prescribers
68	68	Current law provides for the certification of advanced practice nurses by the
69	69	Board of Nursing to allow advanced practice nurses to prescribe medication, and the
70	70	worker's compensation law thus refers to “advanced practice nurse prescribers” in
71	71	lists of treatment providers in various provisions. The bill changes these references
72	72	to “advanced practice registered nurses.”
73	73	Making references in the statutes gender neutral
74	74	The bill makes references to spouses under the worker's compensation law
75	75	gender-neutral, to harmonize it with the holding of the U.S. Supreme Court in
76	76	Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognized that
77	77	same-sex couples have a fundamental constitutional right to marriage.
78	78	References to federal law
79	79	The bill updates references to the federal Rehabilitation Act of 1973 to account
80	80	for subsequent amendments to the federal act. - 3 -2023 - 2024 Legislature
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83	83	SENATE BILL 991
84	84	For further information see the state and local fiscal estimate, which will be
85	85	printed as an appendix to this bill.
86	86	The people of the state of Wisconsin, represented in senate and assembly, do
87	87	enact as follows:
88	88	SECTION 1. 102.11 (1) (intro.) of the statutes is amended to read:
89	89	102.11 (1) (intro.) The average weekly earnings for temporary disability,
90	90	permanent total disability, or death benefits for injury in each calendar year on or
91	91	after January 1, 1982, shall be not less than $30 nor more than the wage rate that
92	92	results in a maximum compensation rate of 110 percent of the state's average weekly
93	93	earnings as determined under s. 108.05 as of June 30 of the previous year. The
94	94	average weekly earnings for permanent partial disability shall be not less than $30
95	95	and, for permanent partial disability for injuries occurring on or after January 1,
96	96	2017, and before April 10, 2022, not more than $543, resulting in a maximum
97	97	compensation rate of $362; for permanent partial disability for injuries occurring on
98	98	or after April 10, 2022, and before January 1, 2023, not more than $622.50, resulting
99	99	in a maximum compensation rate of $415; and for permanent partial disability for
100	100	injuries occurring on or after January 1, 2023, and before the effective date of this
101	101	subsection .... [LRB inserts date], not more than $645, resulting in a maximum
102	102	compensation rate of $430; for permanent partial disability for injuries occurring on
103	103	or after the effective date of this subsection .... [LRB inserts date], and before January
104	104	1, 2025, not more than $657, resulting in a maximum compensation rate of $438; and
105	105	for permanent partial disability for injuries occurring on or after January 1, 2025,
106	106	not more than $669, resulting in a maximum compensation rate of $446. Between
107	107	such limits the average weekly earnings shall be determined as follows:
108	108	SECTION 2. 102.13 (1) (a) of the statutes is amended to read:
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131	131	SECTION 2 SENATE BILL 991
132	132	102.13 (1) (a) Except as provided in sub. (4), whenever compensation is claimed
133	133	by an employee, the employee shall, upon the written request of the employee's
134	134	employer or worker's compensation insurer, submit to reasonable examinations by
135	135	physicians, chiropractors, psychologists, dentists, physician assistants, advanced
136	136	practice nurse prescribers registered nurses, or podiatrists provided and paid for by
137	137	the employer or insurer. No employee who submits to an examination under this
138	138	paragraph is a patient of the examining physician, chiropractor, psychologist,
139	139	dentist, physician assistant, advanced practice registered nurse prescriber, or
140	140	podiatrist for any purpose other than for the purpose of bringing an action under ch.
141	141	655, unless the employee specifically requests treatment from that physician,
142	142	chiropractor, psychologist, dentist, physician assistant, advanced practice registered
143	143	nurse prescriber, or podiatrist.
144	144	SECTION 3. 102.13 (1) (b) (intro.), 1., 3. and 4. of the statutes are amended to
145	145	read:
146	146	102.13 (1) (b) (intro.) An employer or insurer who requests that an employee
147	147	submit to reasonable examination under par. (a) or (am) shall tender to the employee,
148	148	before the examination, all necessary expenses including transportation expenses.
149	149	The employee is entitled to have a physician, chiropractor, psychologist, dentist,
150	150	physician assistant, advanced practice registered nurse prescriber, or podiatrist
151	151	provided by himself or herself present at the examination and to receive a copy of all
152	152	reports of the examination that are prepared by the examining physician,
153	153	chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced
154	154	practice registered nurse prescriber, or vocational expert immediately upon receipt
155	155	of those reports by the employer or worker's compensation insurer. The employee is
156	156	entitled to have one observer provided by himself or herself present at the
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184	184	SECTION 3
185	185	SENATE BILL 991
186	186	examination. The employee is also entitled to have a translator provided by himself
187	187	or herself present at the examination if the employee has difficulty speaking or
188	188	understanding the English language. The employer's or insurer's written request
189	189	for examination shall notify the employee of all of the following:
190	190	1. The proposed date, time, and place of the examination and the identity and
191	191	area of specialization of the examining physician, chiropractor, psychologist, dentist,
192	192	podiatrist, physician assistant, advanced practice registered nurse prescriber, or
193	193	vocational expert.
194	194	3. The employee's right to have his or her physician, chiropractor, psychologist,
195	195	dentist, physician assistant, advanced practice registered nurse prescriber, or
196	196	podiatrist present at the examination.
197	197	4. The employee's right to receive a copy of all reports of the examination that
198	198	are prepared by the examining physician, chiropractor, psychologist, dentist,
199	199	podiatrist, physician assistant, advanced practice registered nurse prescriber, or
200	200	vocational expert immediately upon receipt of these reports by the employer or
201	201	worker's compensation insurer.
202	202	SECTION 4. 102.13 (1) (d) 1., 2., 3. and 4. of the statutes are amended to read:
203	203	102.13 (1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist,
204	204	physician assistant, advanced practice registered nurse prescriber, or vocational
205	205	expert who is present at any examination under par. (a) or (am) may be required to
206	206	testify as to the results of the examination.
207	207	2. Any physician, chiropractor, psychologist, dentist, physician assistant,
208	208	advanced practice registered nurse prescriber, or podiatrist who attended a worker's
209	209	compensation claimant for any condition or complaint reasonably related to the
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234	234	MED&MIM:skw
235	235	SECTION 4 SENATE BILL 991
236	236	condition for which the claimant claims compensation may be required to testify
237	237	before the division when the division so directs.
238	238	3. Notwithstanding any statutory provisions except par. (e), any physician,
239	239	chiropractor, psychologist, dentist, physician assistant, advanced practice registered
240	240	nurse prescriber, or podiatrist attending a worker's compensation claimant for any
241	241	condition or complaint reasonably related to the condition for which the claimant
242	242	claims compensation may furnish to the employee, employer, worker's compensation
243	243	insurer, department, or division information and reports relative to a compensation
244	244	claim.
245	245	4. The testimony of any physician, chiropractor, psychologist, dentist,
246	246	physician assistant, advanced practice registered nurse prescriber, or podiatrist who
247	247	is licensed to practice where he or she resides or practices in any state and the
248	248	testimony of any vocational expert may be received in evidence in compensation
249	249	proceedings.
250	250	SECTION 5. 102.13 (2) (a) of the statutes is amended to read:
251	251	102.13 (2) (a) An employee who reports an injury alleged to be work-related
252	252	or files an application for hearing waives any physician-patient,
253	253	psychologist-patient, or chiropractor-patient privilege with respect to any condition
254	254	or complaint reasonably related to the condition for which the employee claims
255	255	compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
256	256	physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
257	257	advanced practice registered nurse prescriber, hospital, or health care provider
258	258	shall, within a reasonable time after written request by the employee, employer,
259	259	worker's compensation insurer, department, or division, or its representative,
260	260	provide that person with any information or written material reasonably related to
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288	288	SECTION 5
289	289	SENATE BILL 991
290	290	any injury for which the employee claims compensation. If the request is by a
291	291	representative of a worker's compensation insurer for a billing statement, the
292	292	physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
293	293	advanced practice registered nurse prescriber, hospital, or health care provider
294	294	shall, within 30 days after receiving the request, provide that person with a complete
295	295	copy of an itemized billing statement or a billing statement in a standard billing
296	296	format recognized by the federal government.
297	297	SECTION 6. 102.13 (2) (b) of the statutes is amended to read:
298	298	102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
299	299	physician assistant, advanced practice registered nurse prescriber, hospital, or
300	300	health service provider shall furnish a legible, certified duplicate of the written
301	301	material requested under par. (a) in paper format upon payment of the actual costs
302	302	of preparing the certified duplicate, not to exceed the greater of 45 cents per page or
303	303	$7.50 per request, plus the actual costs of postage, or shall furnish a legible, certified
304	304	duplicate of that material in electronic format upon payment of $26 per request. Any
305	305	person who refuses to provide certified duplicates of written material in the person's
306	306	custody that is requested under par. (a) shall be liable for reasonable and necessary
307	307	costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in
308	308	enforcing the requester's right to the duplicates under par. (a).
309	309	SECTION 7. 102.17 (1) (d) 1. and 2. of the statutes are amended to read:
310	310	102.17 (1) (d) 1. The contents of certified medical and surgical reports by
311	311	physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
312	312	advanced practice nurse prescribers registered nurses, and chiropractors licensed in
313	313	and practicing in this state, and of certified reports by experts concerning loss of
314	314	earning capacity under s. 102.44 (2) and (3), presented by a party for compensation
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341	341	SECTION 7 SENATE BILL 991
342	342	constitute prima facie evidence as to the matter contained in those reports, subject
343	343	to any rules and limitations the division prescribes. Certified reports of physicians,
344	344	podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
345	345	practice nurse prescribers registered nurses, and chiropractors, wherever licensed
346	346	and practicing, who have examined or treated the claimant, and of experts, if the
347	347	practitioner or expert consents to being subjected to cross-examination, also
348	348	constitute prima facie evidence as to the matter contained in those reports. Certified
349	349	reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are
350	350	admissible as evidence of the diagnosis, necessity of the treatment, and cause and
351	351	extent of the disability. Certified reports by doctors of dentistry, physician
352	352	assistants, and advanced practice nurse prescribers registered nurses are
353	353	admissible as evidence of the diagnosis and necessity of treatment but not of the
354	354	cause and extent of disability. Any physician, podiatrist, surgeon, dentist,
355	355	psychologist, chiropractor, physician assistant, advanced practice registered nurse
356	356	prescriber, or expert who knowingly makes a false statement of fact or opinion in a
357	357	certified report may be fined or imprisoned, or both, under s. 943.395.
358	358	2. The record of a hospital or sanatorium in this state that is satisfactory to the
359	359	division, established by certificate, affidavit, or testimony of the supervising officer
360	360	of the hospital or sanatorium, any other person having charge of the record, or a
361	361	physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced
362	362	practice registered nurse prescriber, or chiropractor to be the record of the patient
363	363	in question, and made in the regular course of examination or treatment of the
364	364	patient, constitutes prima facie evidence as to the matter contained in the record, to
365	365	the extent that the record is otherwise competent and relevant.
366	366	SECTION 8. 102.17 (4) (a) of the statutes is amended to read:
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394	394	SECTION 8
395	395	SENATE BILL 991
396	396	102.17 (4) (a) Except as provided in this subsection and s. 102.555 (12) (b), in
397	397	the case of occupational disease, the right of an employee, the employee's legal
398	398	representative, a dependent, the employee's employer or the employer's insurance
399	399	company, or other named party to proceed under this section shall not extend beyond
400	400	12 years after the date of the injury or death or after the date that compensation,
401	401	other than for treatment or burial expenses, was last paid, or would have been last
402	402	payable if no advancement were made, whichever date is latest, and in the case of
403	403	traumatic injury, that right shall not extend beyond 6 years after that date. The
404	404	statute of limitations under this subsection begins to run on the date an order is
405	405	issued by the division approving a compromise agreement. A further claim is not
406	406	barred except as provided in this subsection, regardless of whether an award is
407	407	made.
408	408	SECTION 9. 102.18 (1) (b) 1d. of the statutes is created to read:
409	409	102.18 (1) (b) 1d. If an application has been filed under s. 102.17 (1) (a) 1. for
410	410	a claim for compensation, after the division issues an order on the merits of the case
411	411	of the claim under subd. 1., or an order under sub. (2) (c), if there is no pending action
412	412	for review by a court, the division shall return to the department the file for the case
413	413	of the claim within 30 days after issuing the order. The department shall conduct
414	414	further administrative activities, including closing the case of the claim.
415	415	SECTION 10. 102.18 (1) (b) 1h. of the statutes is created to read:
416	416	102.18 (1) (b) 1h. The department has exclusive authority to close a case of a
417	417	claim for compensation.
418	418	SECTION 11. 102.18 (1) (b) 1p. of the statutes is created to read:
419	419	102.18 (1) (b) 1p. If the department determines it is necessary, the department
420	420	shall notify the parties when it closes a case of a claim for compensation.
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447	447	SECTION 12 SENATE BILL 991
448	448	SECTION 12. 102.18 (1) (b) 1t. of the statutes is created to read:
449	449	102.18 (1) (b) 1t. The department shall forward to the division a case of a claim
450	450	for compensation if a hearing is required when a party in interest files a subsequent
451	451	application under s. 102.17 (1) (a) 1., after an order has been issued under subd. 1.
452	452	or sub. (2) (c).
453	453	SECTION 13. 102.29 (3) of the statutes is amended to read:
454	454	102.29 (3) Nothing in this chapter shall prevent an employee from taking the
455	455	compensation that the employee may be entitled to under this chapter and also
456	456	maintaining a civil action against any physician, chiropractor, psychologist, dentist,
457	457	physician assistant, advanced practice registered nurse prescriber, or podiatrist for
458	458	malpractice.
459	459	SECTION 14. 102.32 (6m) of the statutes is renumbered 102.32 (6m) (a) and
460	460	amended to read:
461	461	102.32 (6m) (a) The department or the division may direct an advance on a
462	462	payment of unaccrued compensation for permanent disability or death benefits if the
463	463	department or the division determines that the advance payment is in the best
464	464	interest of the injured employee or the employee's dependents. In directing the
465	465	advance, the department or the division shall give the employer or the employer's
466	466	insurer an interest credit against its liability. The credit shall be computed at 5
467	467	percent. An injured employee or dependent may receive no more than 3 advance
468	468	payments per calendar year under this paragraph.
469	469	SECTION 15. 102.32 (6m) (b) of the statutes is created to read:
470	470	102.32 (6m) (b) Notwithstanding par. (a), an employer or an employer's insurer
471	471	may voluntarily make a lump sum payment of unaccrued compensation for
472	472	permanent partial disability in undisputed claims to an injured employee or the
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500	500	SECTION 15
501	501	SENATE BILL 991
502	502	employee's dependents with no interest credit against the liability of the employer
503	503	or the employer's insurer.
504	504	SECTION 16. 102.42 (2) (a) of the statutes is amended to read:
505	505	102.42 (2) (a) When the employer has notice of an injury and its relationship
506	506	to the employment, the employer shall offer to the injured employee his or her choice
507	507	of any physician, chiropractor, psychologist, dentist, physician assistant, advanced
508	508	practice registered nurse prescriber, or podiatrist licensed to practice and practicing
509	509	in this state for treatment of the injury. By mutual agreement, the employee may
510	510	have the choice of any qualified practitioner not licensed in this state. In case of
511	511	emergency, the employer may arrange for treatment without tendering a choice.
512	512	After the emergency has passed the employee shall be given his or her choice of
513	513	attending practitioner at the earliest opportunity. The employee has the right to a
514	514	2nd choice of attending practitioner on notice to the employer or its insurance carrier.
515	515	Any further choice shall be by mutual agreement. Partners and clinics are
516	516	considered to be one practitioner. Treatment by a practitioner on referral from
517	517	another practitioner is considered to be treatment by one practitioner.
518	518	SECTION 17. 102.51 (1) (a) 1. of the statutes is amended to read:
519	519	102.51 (1) (a) 1. A wife married person upon a husband his or her spouse with
520	520	whom he or she is living at the time of his the spouse's death.
521	521	SECTION 18. 102.51 (1) (a) 2. of the statutes is repealed.
522	522	SECTION 19. 102.61 (1) of the statutes is amended to read:
523	523	102.61 (1) Subject to subs. (1g) and (1m), an employee who is entitled to receive
524	524	and has received compensation under this chapter, and who is entitled to and is
525	525	receiving instruction under 29 USC 701 to 797b 796l, as administered by the state
526	526	in which the employee resides or in which the employee resided at the time of
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553	553	SECTION 19 SENATE BILL 991
554	554	becoming physically disabled, shall, in addition to other indemnity, be paid the
555	555	actual and necessary costs of tuition, fees, books, and travel required for the
556	556	employee's rehabilitation training program and, if the employee receives that
557	557	instruction elsewhere than at the place of residence, the actual and necessary costs
558	558	of maintenance, during rehabilitation, subject to the conditions and limitations
559	559	specified in sub. (1r). The costs of travel under this subsection shall be paid at the
560	560	same rate as is provided for state officers and employees under s. 20.916 (8).
561	561	SECTION 20. 102.61 (1g) (b) of the statutes is amended to read:
562	562	102.61 (1g) (b) If an employer offers an employee suitable employment as
563	563	provided in par. (c), the employer or the employer's insurance carrier is not liable for
564	564	temporary disability benefits under s. 102.43 (5) (b) or for the cost of tuition, fees,
565	565	books, travel, and maintenance under sub. (1). Ineligibility for compensation under
566	566	this paragraph does not preclude an employee from receiving vocational
567	567	rehabilitation services under 29 USC 701 to 797b 796l if the department determines
568	568	that the employee is eligible to receive those services.
569	569	SECTION 21. 102.61 (1g) (c) of the statutes is amended to read:
570	570	102.61 (1g) (c) On receiving notice that he or she is eligible to receive vocational
571	571	rehabilitation services under 29 USC 701 to 797a 796l, an employee shall provide the
572	572	employer with a written report from a physician, chiropractor, psychologist, or
573	573	podiatrist stating the employee's permanent work restrictions. Within 60 days after
574	574	receiving that report, the employer shall provide to the employee in writing an offer
575	575	of suitable employment, a statement that the employer has no suitable employment
576	576	for the employee, or a report from a physician, chiropractor, psychologist, or
577	577	podiatrist showing that the permanent work restrictions provided by the employee's
578	578	practitioner are in dispute and documentation showing that the difference in work
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606	606	SECTION 21
607	607	SENATE BILL 991
608	608	restrictions would materially affect either the employer's ability to provide suitable
609	609	employment or a vocational rehabilitation counselor's ability to recommend a
610	610	rehabilitative training program. If the employer and employee cannot resolve the
611	611	dispute within 30 days after the employee receives the employer's report and
612	612	documentation, the employer or employee may request a hearing before the division
613	613	to determine the employee's work restrictions. Within 30 days after the division
614	614	determines the employee's work restrictions, the employer shall provide to the
615	615	employee in writing an offer of suitable employment or a statement that the
616	616	employer has no suitable employment for the employee.
617	617	SECTION 22. 102.61 (1m) (a) of the statutes is amended to read:
618	618	102.61 (1m) (a) If the department has determined under sub. (1) that an
619	619	employee is eligible for vocational rehabilitation services under 29 USC 701 to 797b
620	620	796l, but that the department cannot provide those services for the employee, the
621	621	employee may select a private rehabilitation counselor certified by the department
622	622	to determine whether the employee can return to suitable employment without
623	623	rehabilitative training and, if that counselor determines that rehabilitative training
624	624	is necessary, to develop a rehabilitative training program to restore as nearly as
625	625	possible the employee to his or her preinjury earning capacity and potential.
626	626	SECTION 23. 102.81 (1) (c) 1. of the statutes is amended to read:
627	627	102.81 (1) (c) 1. The department shall pay a claim under par. (a) in excess of
628	628	$1,000,000 $2,000,000 from the uninsured employers fund in the first instance. If
629	629	the claim is not covered by excess or stop-loss reinsurance under sub. (2), the
630	630	secretary of administration shall transfer from the appropriation account under s.
631	631	20.445 (1) (ra) to the uninsured employers fund as provided in subds. 2. and 3. an
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657	657	SECTION 23 SENATE BILL 991
658	658	amount equal to the amount by which payments from the uninsured employers fund
659	659	on the claim are in excess of $1,000,000 $2,000,000.
660	660	SECTION 24. 102.81 (1) (c) 2. of the statutes is amended to read:
661	661	102.81 (1) (c) 2. Each calendar year the department shall file with the secretary
662	662	of administration a certificate setting forth the number of claims in excess of
663	663	$1,000,000 $2,000,000 in the preceding year paid from the uninsured employers
664	664	fund, the payments made from the uninsured employers fund on each such claim in
665	665	the preceding year, and the total payments made from the uninsured employers fund
666	666	on all such claims and, based on that information, the secretary of administration
667	667	shall determine the amount to be transferred under subd. 1. in that calendar year.
668	668	(END)
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