SB306-AA6,24,2513 619.04 (3) The plan shall operate subject to the supervision and approval of a
14board of governors consisting of 3 representatives of the insurance industry
15appointed by and to serve at the pleasure of the commissioner, a person to be named
16by the State Bar Association, a person to be named by the Wisconsin Academy of Trial
17Lawyers, 2 persons to be named by the Wisconsin Medical Society, a person to be
18named by the Wisconsin Hospital Association, the commissioner or a designated
19representative employed by the office of the commissioner, and 4 public members at
20least one of whom is named by the Wisconsin Nurses Association and
at least 2 of
21whom are not attorneys or physicians and are not professionally affiliated with any
22hospital or insurance company, appointed by the governor for staggered 3-year
23terms. The commissioner or the commissioner's representative shall be the
24chairperson of the board of governors. Board members shall be compensated at the
25rate of $50 per diem plus actual and necessary travel expenses.
SB306-AA6, s. 10q
1Section 10q. 655.001 (7t) of the statutes is renumbered 655.001 (7t) (a) and
2amended to read:
SB306-AA6,25,83 655.001 (7t) (a) "Health Except as provided in par. (b), "health care
4practitioner" means a health care professional, as defined in s. 180.1901 (1m), who
5is an employee of a health care provider described in s. 655.002 (1) (d), (e), (em), or
6(f) and who has the authority to provide health care services that are not in
7collaboration with a physician under s. 441.15 (2) (b) or
under the direction and
8supervision of a physician or nurse anesthetist.
SB306-AA6, s. 10r 9Section 10r. 655.001 (7t) (a) of the statutes, as affected by 2011 Wisconsin Act
10.... (this act), is renumbered 655.001 (7t) and amended to read:
SB306-AA6,25,1511 655.001 (7t) Except as provided in par. (b), "health "Health care practitioner"
12means a health care professional, as defined in s. 180.1901 (1m), who is an employee
13of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) and who has
14the authority to provide health care services that are not under the direction and
15supervision of a physician or, nurse anesthetist, or nurse-midwife.
SB306-AA6, s. 10s 16Section 10s. 655.001 (7t) (b) of the statutes is created to read:
SB306-AA6,25,1817 655.001 (7t) (b) "Health care practitioner" does not include a person licensed
18to practice nurse-midwifery under s. 441.15.
SB306-AA6, s. 10t 19Section 10t. 655.001 (7t) (b) of the statutes, as created by 2011 Wisconsin Act
20.... (this act), is repealed.
SB306-AA6, s. 10u 21Section 10u. 655.001 (9c) of the statutes is created to read:
SB306-AA6,25,2322 655.001 (9c) "Nurse-midwife" means a person who is licensed to practice
23nurse-midwifery under s. 441.15.
SB306-AA6, s. 10v 24Section 10v. 655.002 (1) (a) of the statutes is amended to read:
SB306-AA6,26,3
1655.002 (1) (a) A physician or , a nurse anesthetist, or a nurse-midwife for
2whom this state is a principal place of practice and who practices his or her profession
3in this state more than 240 hours in a fiscal year.
SB306-AA6, s. 10w 4Section 10w. 655.002 (1) (b) (intro.) of the statutes is amended to read:
SB306-AA6,26,65 655.002 (1) (b) (intro.) A physician or , a nurse anesthetist, or a nurse-midwife
6for whom Michigan is a principal place of practice, if all of the following apply:
SB306-AA6, s. 10x 7Section 10x. 655.002 (1) (b) 1. of the statutes is amended to read:
SB306-AA6,26,98 655.002 (1) (b) 1. The physician or, nurse anesthetist, or nurse-midwife is a
9resident of this state.
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, s. 11a 20Section 11a. 655.002 (1) (c) of the statutes is amended to read:
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, s. 11b 4Section 11b. 655.002 (1) (d) of the statutes is amended to read:
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, s. 11c 9Section 11c. 655.002 (1) (e) of the statutes is amended to read:
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, s. 11e 17Section 11e. 655.002 (2) (a) of the statutes is amended to read:
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, s. 11f 22Section 11f. 655.002 (2) (b) of the statutes is amended to read:
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, s. 11g 5Section 11g. 655.003 (1) of the statutes is amended to read:
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, s. 11h 10Section 11h. 655.003 (3) of the statutes is amended to read:
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, s. 11i 16Section 11i. 655.003 (4) of the statutes is created to read:
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, s. 11j 19Section 11j. 655.005 (2) (a) of the statutes is amended to read:
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, s. 11m 5Section 11m. 655.005 (2) (b) of the statutes is amended to read:
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, s. 11n 15Section 11n. 655.23 (5m) of the statutes is amended to read:
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-AA6,30,17 179. Page 9, line 24: delete " Section 11" and substitute "Section 11v".
SB306-AA6,30,18 1810. Page 9, line 24: after that line insert:
SB306-AA6,30,19 19" Section 11w. Nonstatutory provisions.
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, s. 11x 11Section 11x. Initial applicability.
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-AA6,31,17 1711. Page 10, line 5: after that line insert:
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.".
Loading...
Loading...