SB306-AA6, s. 10y
10Section 10y. 655.002 (1) (b) 2. of the statutes is amended to read:
SB306-AA6,26,1311
655.002
(1) (b) 2. The physician
or, nurse anesthetist
, or nurse-midwife 12practices his or her profession in this state or in Michigan or a combination of both
13more than 240 hours in a fiscal year.
SB306-AA6, s. 10z
14Section 10z. 655.002 (1) (b) 3. of the statutes is amended to read:
SB306-AA6,26,1915
655.002
(1) (b) 3. The physician
or, nurse anesthetist
, or nurse-midwife 16performs more procedures in a Michigan hospital than in any other hospital. In this
17subdivision, "Michigan hospital" means a hospital located in Michigan that is an
18affiliate of a corporation organized under the laws of this state that maintains its
19principal office and a hospital in this state.
SB306-AA6,27,321
655.002
(1) (c) A physician
or, nurse anesthetist
, or nurse-midwife who is
22exempt under s. 655.003 (1) or (3),
or a nurse-midwife who is exempt under s.
23655.003 (4), but who practices his or her profession outside the scope of the exemption
24and who fulfills the requirements under par. (a) in relation to that practice outside
25the scope of the exemption. For a physician
or a, nurse anesthetist
, or nurse-midwife
1who is subject to this chapter under this paragraph, this chapter applies only to
2claims arising out of practice that is outside the scope of the exemption under s.
3655.003 (1)
or, (3)
, or (4).
SB306-AA6,27,85
655.002
(1) (d) A partnership comprised of physicians
or, nurse anesthetists
,
6or nurse-midwives and organized and operated in this state for the primary purpose
7of providing the medical services of physicians
or, nurse anesthetists
, or
8nurse-midwives.
SB306-AA6,27,1210
655.002
(1) (e) A corporation organized and operated in this state for the
11primary purpose of providing the medical services of physicians
or, nurse
12anesthetists
, or nurse-midwives.
SB306-AA6, s. 11d
13Section 11d. 655.002 (1) (em) of the statutes is amended to read:
SB306-AA6,27,1614
655.002
(1) (em) Any organization or enterprise not specified under par. (d) or
15(e) that is organized and operated in this state for the primary purpose of providing
16the medical services of physicians
or, nurse anesthetists
, or nurse-midwives.
SB306-AA6,27,2118
655.002
(2) (a) A physician
or, nurse anesthetist
, or nurse-midwife for whom
19this state is a principal place of practice but who practices his or her profession fewer
20than 241 hours in a fiscal year, for a fiscal year, or a portion of a fiscal year, during
21which he or she practices his or her profession.
SB306-AA6,28,423
655.002
(2) (b) Except as provided in sub. (1) (b), a physician
or, nurse
24anesthetist
, or nurse-midwife for whom this state is not a principal place of practice,
25for a fiscal year, or a portion of a fiscal year, during which he or she practices his or
1her profession in this state. For a health care provider who elects to be subject to this
2chapter under this paragraph, this chapter applies only to claims arising out of
3practice that is in this state and that is outside the scope of an exemption under s.
4655.003 (1) or (3)
or (4).
SB306-AA6,28,96
655.003
(1) A physician
or, a nurse anesthetist
, or a nurse-midwife who is a
7state, county
, or municipal employee, or federal employee or contractor covered
8under the federal tort claims act, as amended, and who is acting within the scope of
9his or her employment or contractual duties.
SB306-AA6,28,1511
655.003
(3) A physician
or, a nurse anesthetist
, or a nurse-midwife who
12provides professional services under the conditions described in s. 146.89
or 257.03
13(1), with respect to those professional services provided by the physician
or, nurse
14anesthetist
, or nurse-midwife for which he or she is covered by s. 165.25 and
15considered an agent of the department, as provided in s. 165.25 (6) (b).
SB306-AA6,28,1817
655.003
(4) A nurse-midwife who is considered to be an employee of the federal
18public health service under
42 USC 233 (g).
SB306-AA6,28,2320
655.005
(2) (a) An employee of a health care provider if the employee is a
21physician or a nurse anesthetist or is a health care practitioner who is providing
22health care services that are not
in collaboration with a physician under s. 441.15 (2)
23(b) or under the direction and supervision of a physician or nurse anesthetist.
SB306-AA6, s. 11k
24Section 11k. 655.005 (2) (a) of the statutes, as affected by 2011 Wisconsin Act
25.... (this act), is amended to read:
SB306-AA6,29,4
1655.005
(2) (a) An employee of a health care provider if the employee is a
2physician
or a, nurse anesthetist
, or nurse-midwife or is a health care practitioner
3who is providing health care services that are not under the direction and
4supervision of a physician
or, nurse anesthetist
, or nurse-midwife.
SB306-AA6,29,146
655.005
(2) (b) A service corporation organized under s. 180.1903 by health care
7professionals, as defined under s. 180.1901 (1m), if the board of governors determines
8that it is not the primary purpose of the service corporation to provide the medical
9services of physicians
or, nurse anesthetists
, or nurse-midwives. The board of
10governors may not determine under this paragraph that it is not the primary purpose
11of a service corporation to provide the medical services of physicians
or, nurse
12anesthetists
, or nurse-midwives unless more than 50% of the shareholders of the
13service corporation are
neither not physicians
nor, nurse anesthetists
, or
14nurse-midwives.
SB306-AA6,29,1816
655.23
(5m) The limits set forth in sub. (4) shall apply to any joint liability of
17a physician
or, nurse anesthetist
, or nurse-midwife and his or her corporation,
18partnership, or other organization or enterprise under s. 655.002 (1) (d), (e), or (em).
SB306-AA6, s. 11p
19Section 11p. 655.27 (3) (a) 4. of the statutes is amended to read:
SB306-AA6,29,2320
655.27
(3) (a) 4. For a health care provider described in s. 655.002 (1) (d), (e),
21(em), or (f), risk factors and past and prospective loss and expense experience
22attributable to employees of that health care provider other than employees licensed
23as a physician
or, nurse anesthetist
, or nurse-midwife.
SB306-AA6, s. 11q
24Section 11q. 655.27 (3) (b) 2f. of the statutes is created to read:
SB306-AA6,30,5
1655.27
(3) (b) 2f. With respect to fees paid by nurse-midwives, the rule may
2provide for a separate payment classification or for a payment classification that is
3combined with one or more other categories of health care providers, as the
4commissioner, after approval by the board of governors, determines is appropriate
5for pooling risks under the fund.
SB306-AA6, s. 11r
6Section 11r. 655.27 (3) (b) 2m. of the statutes is amended to read:
SB306-AA6,30,137
655.27
(3) (b) 2m. In addition to the fees and payment classifications described
8under subds. 1.
and 2. to 2f., the commissioner, after approval by the board of
9governors, may by rule establish a separate payment classification for physicians
10satisfying s. 655.002 (1) (b)
and, a separate fee for nurse anesthetists satisfying s.
11655.002 (1) (b)
, and a separate fee for nurse-midwives satisfying s. 655.002 (1) (b) 12which take into account the loss experience of health care providers for whom
13Michigan is a principal place of practice.
SB306-AA6, s. 11s
14Section 11s. 655.275 (5) (b) 3. of the statutes is created to read:
SB306-AA6,30,1615
655.275
(5) (b) 3. If a claim was paid for damages arising out of the rendering
16of care by a nurse-midwife, with at least one nurse-midwife.".
SB306-AA6,30,24
20(1) Expiration of term of member on board of governors. Notwithstanding
21the length of terms specified for the members of the board of governors under section
22619.04 (3) of the statutes, as affected by this act, the initial public member named
23by the Wisconsin Nurses Association shall be appointed for a term expiring on May
241, 2015.
SB306-AA6,31,10
1(2) Notice of effective date of rule for fees. The commissioner of insurance
2shall promulgate a rule under section 655.27 (3) (b) of the statutes, as affected by this
3act, that takes into account participation in the injured patients and families
4compensation fund by nurse-midwives. The rule may provide for a separate
5payment classification or for a payment classification that is combined with one or
6more other categories of health care providers, as the commissioner, after approval
7by the board of governors, determines is appropriate for pooling risks under the fund.
8When the rule has been promulgated and is in effect, the commissioner of insurance
9shall publish a notice in the Wisconsin Administrative Register that specifies the
10effective date of the rule.
SB306-AA6,31,1612
(1) The treatment of section 71.07 (9e) (h) of the statutes first applies to taxable
13years beginning on January 1 of the year in which this subsection takes effect, except
14that if this subsection takes effect on or after August 1 the treatment of section 71.07
15(9e) (h) of the statutes first applies to taxable years beginning on January 1 of the
16year following the year in which this subsection takes effect.".
SB306-AA6,32,2
18"
(2) Injured patients and families compensation fund. The treatment of
19sections 655.002 (1) (a), (b) (intro.) 1., 2., and 3., (c), (d), (e), and (em) and (2) (a) and
20(b), 655.003 (1), (3), and (4), 655.005 (2) (a) (by
Section 11k) and (b), 655.23 (5m),
21655.27 (3) (a) 4. and (b) 2f. and 2m., and 655.275 (5) (b) 3. of the statutes, the repeal
22of section 655.001 (7t) (b) of the statutes, and the renumbering and amendment of
23section 655.001 (7t) (a) of the statutes take effect on the first day of the 3rd month
1beginning after the date published by the commissioner of insurance in the
2Wisconsin Administrative Register under
Section 11w (2) of this act.".
