AB758,10,72 102.03 (4) The right to compensation and the amount of the compensation shall
3in all cases be determined in accordance with the provisions of law in effect as of the
4date of the injury except as to employees whose rate of compensation is changed as
5provided in ss. 102.43 (7) and 102.44 (1) and (5) and employees who are eligible to
6receive private rehabilitative counseling and rehabilitative training under s. 102.61
7(1m) and except as provided in s. 102.555 (12) (b).
AB758, s. 2 8Section 2. 102.11 (1) (intro.) of the statutes is amended to read:
AB758,10,249 102.11 (1) (intro.) The average weekly earnings for temporary disability,
10permanent total disability, or death benefits for injury in each calendar year on or
11after January 1, 1982, shall be not less than $30 nor more than the wage rate that
12results in a maximum compensation rate of 110 percent of the state's average weekly
13earnings as determined under s. 108.05 as of June 30 of the previous year. The
14average weekly earnings for permanent partial disability shall be not less than $30
15and, for permanent partial disability for injuries occurring on or after April 1, 2006,
16and before January 1, 2007, not more than $378, resulting in a maximum
17compensation rate of $252, and, for permanent partial disability for injuries
18occurring on or after January 1, 2007, not more than $393, resulting in a maximum
19compensation rate of $262
the effective date of this subsection .... [revisor inserts
20date], and before January 1, 2009, not more than $408, resulting in a maximum
21compensation rate of $272, and, for permanent partial disability for injuries
22occurring on or after January 1, 2009, not more than $423, resulting in a maximum
23compensation rate of $282
. Between such limits the average weekly earnings shall
24be determined as follows:
AB758, s. 3 25Section 3. 102.16 (1m) (a) of the statutes is amended to read:
AB758,11,15
1102.16 (1m) (a) If an insurer or self-insured employer concedes by compromise
2under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
3employer is liable under this chapter for any health services provided to an injured
4employee by a health service provider, but disputes the reasonableness of the fee
5charged by the health service provider, the department may include in its order
6confirming the compromise or stipulation a determination as to the reasonableness
7of the fee or the department may notify, or direct the insurer or self-insured employer
8to notify, the health service provider under sub. (2) (b) that the reasonableness of the
9fee is in dispute. The department shall deny payment of a health service fee that the
10department determines under this paragraph to be unreasonable. A health service
11provider and an insurer or self-insured employer that are parties to a fee dispute
12under this paragraph are bound by the department's determination under this
13paragraph on the reasonableness of the disputed fee, unless that determination is
14set aside, reversed, or modified by the department under sub. (2) (f) or is set aside
15on judicial review as provided in sub. (2) (f).
AB758, s. 4 16Section 4. 102.16 (1m) (b) of the statutes is amended to read:
AB758,12,1317 102.16 (1m) (b) If an insurer or self-insured employer concedes by compromise
18under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
19employer is liable under this chapter for any treatment provided to an injured
20employee by a health service provider, but disputes the necessity of the treatment,
21the department may include in its order confirming the compromise or stipulation
22a determination as to the necessity of the treatment or the department may notify,
23or direct the insurer or self-insured employer to notify, the health service provider
24under sub. (2m) (b) that the necessity of the treatment is in dispute. The department
25shall apply the
Before determining under this paragraph the necessity of treatment

1provided to an injured employee, the department may, but is not required to, obtain
2the opinion of an expert selected by the department who is qualified as provided in
3sub. (2m) (c). The
standards promulgated under sub. (2m) (g) shall be applied by an
4expert and by the department in rendering an opinion as to, and
in determining,
5necessity of treatment under this paragraph. In cases in which no standards
6promulgated under sub. (2m) (g) apply, the department shall find the facts regarding
7necessity of treatment. The department shall deny payment for any treatment that
8the department determines under this paragraph to be unnecessary. A health
9service provider and an insurer or self-insured employer that are parties to a dispute
10under this paragraph over the necessity of treatment are bound by the department's
11determination under this paragraph on the necessity of the disputed treatment,
12unless that determination is set aside, reversed, or modified by the department
13under sub. (2m) (e) or is set aside on judicial review as provided in sub. (2m) (e).
AB758, s. 5 14Section 5. 102.16 (1m) (c) of the statutes is created to read:
AB758,13,715 102.16 (1m) (c) If an insurer or self-insured employer concedes by compromise
16under sub. (1) or stipulation under s. 102.18 (1) (a) that the insurer or self-insured
17employer is liable under this chapter for the cost of a prescription drug dispensed
18under s. 102.425 (2) for outpatient use by an injured employee, but disputes the
19reasonableness of the amount charged for the prescription drug, the department may
20include in its order confirming the compromise or stipulation a determination as to
21the reasonableness of the prescription drug charge or the department may notify, or
22direct the insurer or self-insured employer to notify, the pharmacist or practitioner
23dispensing the prescription drug under s. 102.425 (4m) (b) that the reasonableness
24of the prescription drug charge is in dispute. The department shall deny payment
25of a prescription drug charge that the department determines under this paragraph

1to be unreasonable. A pharmacist or practitioner and an insurer or self-insured
2employer that are parties to a dispute under this paragraph over the reasonableness
3of a prescription drug charge are bound by the department's determination under
4this paragraph on the reasonableness of the disputed prescription drug charge,
5unless that determination is set aside, reversed, or modified by the department
6under s. 102.425 (4m) (e) or is set aside on judicial review as provided in s. 102.425
7(4m) (e).
AB758, s. 6 8Section 6. 102.16 (2) (a) of the statutes is amended to read:
AB758,13,229 102.16 (2) (a) Except as provided in this paragraph, the department has
10jurisdiction under this subsection, sub. (1m) (a), and s. 102.17 to resolve a dispute
11between a health service provider and an insurer or self-insured employer over the
12reasonableness of a fee charged by the health service provider for health services
13provided to an injured employee who claims benefits under this chapter. A health
14service provider may not submit a fee dispute to the department under this
15subsection before all treatment by the health service provider of the employee's
16injury has ended if the amount in controversy, whether based on a single charge or
17a combination of charges for one or more days of service, is less than $25. After all
18treatment by a health service provider of an employee's injury has ended, the health
19service provider may submit any fee dispute to the department, regardless of the
20amount in controversy. The department shall deny payment of a health service fee
21that the department determines under this subsection, sub. (1m) (a), or s. 102.18 (1)
22(b)
to be unreasonable.
AB758, s. 7 23Section 7. 102.16 (2) (am) of the statutes is amended to read:
AB758,14,1124 102.16 (2) (am) A health service provider and an insurer or self-insured
25employer that are parties to a fee dispute under this subsection are bound by the

1department's determination under this subsection on the reasonableness of the
2disputed fee, unless that determination is set aside on judicial review as provided in
3par. (f). A health service provider and an insurer or self-insured employer that are
4parties to a fee dispute under sub. (1m) (a) are bound by the department's
5determination under sub. (1m) (a) on the reasonableness of the disputed fee, unless
6that determination is set aside or modified by the department under sub. (1). An
7insurer or self-insured employer that is a party to a fee dispute under s. 102.17 and
8a health service provider are bound by the department's determination under s.
9102.18 (1) (b) on the reasonableness of the disputed fee, unless that determination
10is set aside, reversed, or modified by the department under s. 102.18 (3) or by the
11commission under s. 102.18 (3) or (4) or is set aside on judicial review under s. 102.23.
AB758, s. 8 12Section 8. 102.16 (2m) (a) of the statutes is amended to read:
AB758,15,213 102.16 (2m) (a) Except as provided in this paragraph, the department has
14jurisdiction under this subsection, sub. (1m) (b), and s. 102.17 to resolve a dispute
15between a health service provider and an insurer or self-insured employer over the
16necessity of treatment provided for an injured employee who claims benefits under
17this chapter. A health service provider may not submit a dispute over necessity of
18treatment to the department under this subsection before all treatment by the health
19service provider of the employee's injury has ended if the amount in controversy,
20whether based on a single charge or a combination of charges for one or more days
21of service, is less than $25. After all treatment by a health service provider of an
22employee's injury has ended, the health service provider may submit any dispute
23over necessity of treatment to the department, regardless of the amount in
24controversy. The department shall deny payment for any treatment that the

1department determines under this subsection, sub. (1m) (b), or s. 102.18 (1) (b) to be
2unnecessary.
AB758, s. 9 3Section 9. 102.16 (2m) (am) of the statutes is amended to read:
AB758,15,174 102.16 (2m) (am) A health service provider and an insurer or self-insured
5employer that are parties to a dispute under this subsection over the necessity of
6treatment are bound by the department's determination under this subsection on the
7necessity of that the disputed treatment, unless that determination is set aside on
8judicial review as provided in par. (e). A health service provider and an insurer or
9self-insured employer that are parties to a dispute under sub. (1m) (b) over the
10necessity of treatment are bound by the department's determination under sub. (1m)
11(b) on the necessity of that treatment, unless that determination is set aside or
12modified by the department under sub. (1). An insurer or self-insured employer that
13is a party to a dispute under s. 102.17 over the necessity of treatment and a health
14service provider are bound by the department's determination under s. 102.18 (1) (b)
15on the necessity of that treatment, unless that determination is set aside, reversed
16or modified by the department under s. 102.18 (3) or by the commission under s.
17102.18 (3) or (4) or is set aside on judicial review under s. 102.23.
AB758, s. 10 18Section 10. 102.16 (2m) (c) of the statutes is amended to read:
AB758,16,1319 102.16 (2m) (c) Before determining under this subsection the necessity of
20treatment provided for an injured employee who claims benefits under this chapter,
21the department shall obtain a written opinion on the necessity of the treatment in
22dispute from an expert selected by the department. Before determining under sub.
23(1m) (b) or s. 102.18 (1) (bg) 2. the necessity of treatment provided for an injured
24employee who claims benefits under this chapter, the department may, but is not
25required to, obtain such an expert opinion.
To qualify as an expert, a person must

1be licensed to practice the same health care profession as the individual health
2service provider whose treatment is under review and must either be performing
3services for an impartial health care services review organization or be a member of
4an independent panel of experts established by the department under par. (f). The
5standards promulgated under par. (g) shall be applied by an expert and by the
6department
in rendering an opinion as to necessity of treatment under this
7paragraph and by the department
, and in determining , necessity of treatment under
8this paragraph. In cases in which no standards promulgated under sub. (2m) (g)
9apply, the department shall find the facts regarding necessity of treatment. The
10department shall adopt the written opinion of the expert as the department's
11determination on the issues covered in the written opinion, unless the health service
12provider or the insurer or self-insured employer present clear and convincing
13written evidence that the expert's opinion is in error.
AB758, s. 11 14Section 11. 102.16 (2m) (g) of the statutes is amended to read:
AB758,16,2515 102.16 (2m) (g) The department shall promulgate rules establishing
16procedures and requirements for the necessity of treatment dispute resolution
17process under this subsection, including rules setting the fees under par. (f) and rules
18establishing standards for determining the necessity of treatment provided to an
19injured employee. The rules establishing those standards shall, to the greatest
20extent possible, be consistent with Minnesota rules 5221.6010 to 5221.8900, as
21amended to January 1, 2006.
Before the department may amend the rules
22establishing those standards, the department shall establish an advisory committee
23under s. 227.13 composed of health care providers providing treatment under s.
24102.42 to advise the department and the council on worker's compensation on
25amending those rules.
AB758, s. 12
1Section 12. 102.16 (3) of the statutes is amended to read:
AB758,17,102 102.16 (3) No employer subject to this chapter may solicit, receive, or collect
3any money from an employee or any other person or make any deduction from their
4wages, either directly or indirectly, for the purpose of discharging any liability under
5this chapter or recovering premiums paid on a contract described under s. 102.31 (1)
6(a) or a policy described under s. 102.315 (3), (4), or (5) (a); nor may any such employer
7subject to this chapter sell to an employee or other person, or solicit or require the
8employee or other person to purchase, medical, chiropractic, podiatric, psychological,
9dental, or hospital tickets or contracts for medical, surgical, hospital, or other health
10care treatment which that is required to be furnished by that employer.
AB758, s. 13 11Section 13. 102.17 (4) of the statutes is amended to read:
AB758,18,612 102.17 (4) Except as provided in this subsection and s. 102.555 (12) (b), the
13right of an employee, the employee's legal representative, or a dependent to proceed
14under this section shall not extend beyond 12 years from after the date of the injury
15or death or from after the date that compensation, other than treatment or burial
16expenses, was last paid, or would have been last payable if no advancement were
17made, whichever date is latest. In the case of occupational disease; a traumatic injury
18resulting in the loss or total impairment of a hand or any part of the rest of the arm
19proximal to the hand or of a foot or any part of the rest of the leg proximal to the foot,
20any loss of vision, or any permanent brain injury; or a traumatic injury causing the
21need for an artificial spinal disc or a total or partial knee or hip replacement, there
22shall be no statute of limitations, except that benefits or treatment expense for an
23occupational disease becoming due after 12 years from after the date of injury or
24death or last payment of compensation shall be paid from the work injury
25supplemental benefit fund under s. 102.65 and in the manner provided in s. 102.66

1and benefits or treatment expense for a traumatic injury becoming due after 12 years
2from after that date shall be paid by the employer or insurer. Payment of wages by
3the employer during disability or absence from work to obtain treatment shall be
4deemed considered payment of compensation for the purpose of this section if the
5employer knew of the employee's condition and its alleged relation to the
6employment.
AB758, s. 14 7Section 14. 102.18 (1) (bg) 1. of the statutes is amended to read:
AB758,18,218 102.18 (1) (bg) 1. If the department finds under par. (b) that an insurer or
9self-insured employer is liable under this chapter for any health services provided
10to an injured employee by a health service provider, but that the reasonableness of
11the fee charged by the health service provider is in dispute, the department may
12include in its order under par. (b) a determination as to the reasonableness of the fee
13or the department may notify, or direct the insurer or self-insured employer to notify,
14the health service provider under s. 102.16 (2) (b) that the reasonableness of the fee
15is in dispute. The department shall deny payment of a health service fee that the
16department determines under this subdivision to be unreasonable. An insurer or
17self-insured employer and a health service provider that are parties to a fee dispute
18under this subdivision are bound by the department's determination under this
19subdivision on the reasonableness of the disputed fee, unless that determination is
20set aside, reversed, or modified by the department under sub. (3) or by the
21commission under sub. (3) or (4) or is set aside on judicial review under s. 102.23.
AB758, s. 15 22Section 15. 102.18 (1) (bg) 2. of the statutes is amended to read:
AB758,19,1923 102.18 (1) (bg) 2. If the department finds under par. (b) that an employer or
24insurance carrier is liable under this chapter for any treatment provided to an
25injured employee by a health service provider, but that the necessity of the treatment

1is in dispute, the department may include in its order under par. (b) a determination
2as to the necessity of the treatment or the department may notify, or direct the
3employer or insurance carrier to notify, the health service provider under s. 102.16
4(2m) (b) that the necessity of the treatment is in dispute. The department shall apply
5the
Before determining under this subdivision the necessity of treatment provided
6to an injured employee, the department may, but is not required to, obtain the
7opinion of an expert selected by the department who is qualified as provided in s.
8102.16 (2m) (c). The
standards promulgated under s. 102.16 (2m) (g) shall be applied
9by an expert in rendering an opinion as to, and
in determining , necessity of treatment
10under this paragraph subdivision. In cases in which no standards promulgated
11under s. 102.16 (2m) (g) apply, the department shall find the facts regarding
12necessity of treatment. The department shall deny payment for any treatment that
13the department determines under this subdivision to be unnecessary. An insurer or
14self-insured employer and a health service provider that are parties to a dispute
15under this subdivision over the necessity of treatment are bound by the department's
16determination under this subdivision on the necessity of the disputed treatment,
17unless that determination is set aside, reversed, or modified by the department
18under sub. (3) or by the commission under sub. (3) or (4) or is set aside on judicial
19review under s. 102.23.
AB758, s. 16 20Section 16. 102.18 (1) (bg) 3. of the statutes is created to read:
AB758,20,1221 102.18 (1) (bg) 3. If the department finds under par. (b) that an insurer or
22self-insured employer is liable under this chapter for the cost of a prescription drug
23dispensed under s. 102.425 (2) for outpatient use by an injured employee, but that
24the reasonableness of the amount charged for that prescription drug is in dispute,
25the department may include in its order under par. (b) a determination as to the

1reasonableness of the prescription drug charge or the department may notify, or
2direct the insurer or self-insured employer to notify, the pharmacist or practitioner
3dispensing the prescription drug under s. 102.425 (4m) (b) that the reasonableness
4of the prescription drug charge is in dispute. The department shall deny payment
5of a prescription drug charge that the department determines under this subdivision
6to be unreasonable. An insurer or self-insured employer and a pharmacist or
7practitioner that are parties to a dispute under this subdivision over the
8reasonableness of a prescription drug charge are bound by the department's
9determination under par. (b) on the reasonableness of the disputed prescription drug
10charge, unless that determination is set aside, reversed, or modified by the
11department under sub. (3) or by the commission under sub. (3) or (4) or is set aside
12on judicial review under s. 102.23.
AB758, s. 17 13Section 17. 102.26 (2) of the statutes is amended to read:
AB758,21,214 102.26 (2) Unless previously authorized by the department, no fee may be
15charged or received for the enforcement or collection of any claim for compensation,
16nor may any contract therefor for that enforcement or collection be enforceable where
17such
when that fee, inclusive of all taxable attorney fees paid or agreed to be paid for
18such that enforcement or collection, exceeds 20% 20 percent of the amount at which
19such that claim is compromised or of the amount awarded, adjudged, or collected,
20except that in cases of admitted liability where in which there is no dispute as to the
21amount of compensation due and in which no hearing or appeal is necessary, the fee
22charged shall may not exceed 10% 10 percent, but not to exceed $100 $250, of the
23amount at which such that claim is compromised or of the amount awarded,
24adjudged, or collected. The limitation as to fees shall apply to the combined charges

1of attorneys, solicitors, representatives, and adjusters who knowingly combine their
2efforts toward the enforcement or collection of any compensation claim.
AB758, s. 18 3Section 18. 102.29 (6) of the statutes is renumbered 102.29 (6) (b) (intro.) and
4amended to read:
AB758,21,75 102.29 (6) (b) (intro.) No employee of a temporary help agency who makes a
6claim for compensation may make a claim or maintain an action in tort against any
7of the following:
AB758,21,9 81. Any employer who that compensates the temporary help agency for the
9employee's services.
AB758, s. 19 10Section 19. 102.29 (6) (a) of the statutes is created to read:
AB758,21,1311 102.29 (6) (a) In this subsection, "temporary help agency" means a temporary
12help agency that is primarily engaged in the business of placing its employees with
13or leasing its employees to another employer as provided in s. 102.01 (2) (f).
AB758, s. 20 14Section 20. 102.29 (6) (b) 2. of the statutes is created to read:
AB758,21,1615 102.29 (6) (b) 2. Any other temporary help agency that is compensated by that
16employer for another employee's services.
AB758, s. 21 17Section 21. 102.29 (6) (b) 3. of the statutes is created to read:
AB758,21,2218 102.29 (6) (b) 3. Any employee of that compensating employer or of that other
19temporary help agency, unless the employee who makes a claim for compensation
20would have a right under s. 102.03 (2) to bring an action against the employee of the
21compensating employer or the employee of the other temporary help agency if the
22employees were coemployees.
AB758, s. 22 23Section 22. 102.29 (6) (c) of the statutes is created to read:
AB758,22,3
1102.29 (6) (c) No employee of an employer that compensates a temporary help
2agency for another employee's services who makes a claim for compensation may
3make a claim or maintain an action in tort against any of the following:
AB758,22,44 1. The temporary help agency.
AB758,22,85 2. Any employee of the temporary help agency, unless the employee who makes
6a claim for compensation would have a right under s. 102.03 (2) to bring an action
7against the employee of the temporary help agency if the employees were
8coemployees.
AB758, s. 23 9Section 23. 102.29 (6m) of the statutes is created to read:
AB758,22,1210 102.29 (6m) (a) No leased employee, as defined in s. 102.315 (1) (g), who makes
11a claim for compensation may make a claim or maintain an action in tort against any
12of the following:
AB758,22,1413 1. The client, as defined in s. 102.315 (1) (b), that accepted the services of the
14leased employee.
AB758,22,1615 2. Any other employee leasing company, as defined in s. 102.315 (1) (f), that
16provides the services of another leased employee to the client.
AB758,22,2117 3. Any employee of the client or of that other employee leasing company, unless
18the leased employee who makes a claim for compensation would have a right under
19s. 102.03 (2) to bring an action against the employee of the client or the leased
20employee of the other employee leasing company if the employees and leased
21employees were coemployees.
AB758,22,2322 (b) No employee of a client who makes a claim for compensation may make a
23claim or maintain an action in tort against any of the following:
AB758,22,2524 1. An employee leasing company that provides the services of a leased employee
25to the client.
AB758,23,4
12. Any leased employee of the employee leasing company, unless the employee
2who makes a claim for compensation would have a right under s. 102.03 (2) to bring
3an action against the leased employee if the employee and the leased employee were
4coemployees.
AB758, s. 24 5Section 24. 102.31 (2m) of the statutes is repealed.
AB758, s. 25 6Section 25. 102.315 of the statutes is created to read:
AB758,23,8 7102.315 Worker's compensation insurance; employee leasing
8companies. (1)
Definitions. In this section:
AB758,23,109 (a) "Bureau" means the Wisconsin compensation rating bureau under s.
10626.06.
AB758,23,1311 (b) "Client" means a person that obtains all or part of its nontemporary, ongoing
12employee workforce through an employee leasing agreement with an employee
13leasing company.
AB758,23,1614 (c) "Divided workforce" means a workforce in which some of the employees of
15a client are leased employees and some of the employees of the client are not leased
16employees.
AB758,23,2017 (d) "Divided workforce plan" means a plan under which 2 worker's
18compensation insurance policies are issued to cover the employees of a client that has
19a divided workforce, one policy covering the leased employees of the client and one
20policy covering the employees of the client who are not leased employees.
AB758,23,2321 (e) "Employee leasing agreement" means a written contract between an
22employee leasing company and a client under which the employee leasing company
23provides all or part of the nontemporary, ongoing employee workforce of the client.
AB758,24,724 (f) "Employee leasing company" means a person that contracts to provide the
25nontemporary, ongoing employee workforce of a client under a written agreement,

1regardless of whether the person uses the term "professional employer
2organization," "PEO," "staff leasing company," "registered staff leasing company," or
3"employee leasing company," or uses any other, similar name, as part of the person's
4business name or to describe the person's business. "Employee leasing company"
5does not include a cooperative educational service agency. This definition applies
6only for the purposes of this chapter and does not apply to the use of the term in any
7other chapter.
AB758,24,98 (g) "Leased employee" means a nontemporary, ongoing employee whose
9services are obtained by a client under an employee leasing agreement.
AB758,24,1310 (h) "Master policy" means a single worker's compensation insurance policy
11issued by an insurer authorized to do business in this state to an employee leasing
12company in the name of the employee leasing company that covers more than one
13client of the employee leasing company.
AB758,24,1714 (i) "Multiple coordinated policy" means a contract of insurance for worker's
15compensation under which an insurer authorized to do business in this state issues
16separate worker's compensation insurance policies to an employee leasing company
17for each client of the employee leasing company that is insured under the contract.
AB758,24,2318 (j) "Small client" means a client that has an unmodified annual premium
19assignable to its business, including the business of all entities or organizations that
20are under common control or ownership with the client, that is equal to or less than
21the threshold below which employers are not experience rated under the standards
22and criteria under ss. 626.11 and 626.12, without regard to whether the client has
23a divided workforce.
AB758,25,6 24(2) Employee leasing company liable. An employee leasing company is liable
25under s. 102.03 for all compensation payable under this chapter to a leased employee,

1including any payments required under s. 102.16 (3), 102.18 (1) (b) or (bp), 102.22
2(1), 102.35 (3), 102.57, or 102.60. Except as permitted under s. 102.29, an employee
3leasing company may not seek or receive reimbursement from another employer for
4any payments made as a result of that liability. An employee leasing company is not
5liable under s. 102.03 for any compensation payable under this chapter to an
6employee of a client who is not a leased employee.
AB758,25,17 7(3) Multiple coordinated policy required. Except as provided in subs. (4) and
8(5) (a), an employee leasing company shall insure its liability under sub. (2) by
9obtaining a separate worker's compensation insurance policy for each client of the
10employee leasing company under a multiple coordinated policy. The policy shall
11name both the employee leasing company and the client as named insureds, shall
12indicate which named insured is the employee leasing company and which is the
13client, shall designate either the employee leasing company or the client, but not
14both, as the first named insured, and shall provide the mailing address of each
15named insured. Except as permitted under sub. (6), an insurer may issue a policy
16for a client under this subsection only if all of the employees of the client are leased
17employees and are covered under the policy.
AB758,26,9 18(4) Master policy; approval required. An employee leasing company may
19insure its liability under sub. (2) by obtaining a master policy that has been approved
20by the commissioner of insurance as provided in this subsection. The commissioner
21of insurance may approve the issuance of a master policy if the insurer proposing to
22issue the master policy submits a filing to the bureau showing that the insurer has
23the technological capacity and operation capability to provide to the bureau
24information, including unit statistical data, information concerning proof of
25coverage and cancellation, termination, and nonrenewal of coverage, and any other

1information that the bureau may require, at the client level and in a format required
2by the bureau and the bureau submits the filing to the commissioner of insurance for
3approval under s. 626.13. A master policy filing under this subsection shall also
4establish basic manual rules governing the issuance of an insurance policy covering
5the leased employees of a divided workforce that are consistent with sub. (6) and the
6cancellation, termination, and nonrenewal of policies that are consistent with sub.
7(10). On approval by the commissioner of insurance of a master policy filing, an
8insurer may issue a master policy to an employee leasing company insuring the
9liability of the employee leasing company under sub. (2).
AB758,26,21 10(5) Master policy; small clients. (a) Regardless of whether a master policy
11has been approved under sub. (4), an employee leasing company may insure its
12liability under sub. (2) with respect to a group of small clients of the employee leasing
13company by obtaining a master policy in the voluntary market insuring that liability.
14The fact that an employee leasing company has a client that is covered under a
15mandatory risk-sharing plan under s. 619.01 does not preclude the employee leasing
16company from obtaining a master policy under this paragraph so long as that client
17is not covered under the master policy. An insurer may issue a master policy under
18this paragraph insuring in the voluntary market the liability under sub. (2) of an
19employee leasing company with respect to a group of small clients of the employee
20leasing company regardless of whether any of those small clients has a divided
21workforce.
AB758,26,2422 (b) Within 30 days after the effective date of an employee leasing agreement
23with a small client that is covered under a master policy under par. (a), the employee
24leasing company shall report to the department all of the following information:
AB758,27,2
11. The name and address of the small client and of each entity or organization
2that is under common control or ownership with the small client.
AB758,27,33 2. The number of employees initially covered under the master policy.
AB758,27,84 3. The estimated unmodified annual premium assignable to the small client's
5business, including the business of all entities or organizations that are under
6common control or ownership with the small client, without regard to whether the
7small client has a divided workforce, which information the small client shall report
8to the employee leasing company.
AB758,27,99 4. The effective date of the employee leasing agreement.
AB758,27,1710 (c) Within 30 days after the effective date of coverage of a small client under
11a master policy under par. (a), the insurer or, if authorized by the insurer, the
12employee leasing company shall file proof of that coverage with the department.
13Coverage of a small client under a master policy becomes binding when the insurer
14or employee leasing company files proof of that coverage under this paragraph or
15provides notice of coverage to the small client, whichever occurs first. Nothing in this
16paragraph requires an employee leasing company or an employee of an employee
17leasing company to be licensed as an insurance intermediary under ch. 628.
AB758,27,2518 (d) If at any time the unmodified annual premium assignable to the business
19of a small client that is covered under a master policy under par. (a), including the
20business of all entities or organizations that are under common control or ownership
21with the small client, without regard to whether the small client has a divided
22workforce, exceeds the threshold below which employers are not experience rated
23under the standards and criteria under ss. 626.11 and 626.12, the employee leasing
24company shall notify the insurer and obtain coverage for the small client under sub.
25(3) or (4).
AB758,28,10
1(6) Divided workforce. (a) If a client notifies the department as provided
2under par. (b) of its intent to have a divided workforce, an insurer may issue a
3worker's compensation insurance policy covering only the leased employees of the
4client. An insurer that issues a policy covering only the leased employees of a client
5is not liable under s. 102.03 for any compensation payable under this chapter to an
6employee of the client who is not a leased employee unless the insurer also issues a
7policy covering that employee. A client that has a divided workforce shall insure its
8employees who are not leased employees in the voluntary market and may not insure
9those employees under the mandatory risk-sharing plan under s. 619.01 unless the
10leased employees of the client are covered under that plan.
AB758,28,1311 (b) A client that intends to have a divided workforce shall notify the department
12of that intent on a form prescribed by the department that includes all of the
13following:
AB758,28,1714 1. The names and mailing addresses of the client and the employee leasing
15company, the effective date of the employee leasing agreement, a description of the
16employees of the client who are not leased employees, and such other information as
17the department may require.
AB758,28,2218 2. Except as provided in par. (c), evidence that the employees of the client who
19are not leased employees are covered in the voluntary market. That evidence shall
20be in the form of a copy of the information page or declaration page of a worker's
21compensation insurance policy or binder evidencing placement of coverage in the
22voluntary market covering those employees.
AB758,29,423 3. An agreement by the client to assume full responsibility to immediately pay
24all compensation and other payments payable under this chapter as may be required
25by the department should a dispute arise between 2 or more insurers as to liability

1under this chapter for an injury sustained while a divided workforce plan is in effect,
2pending final resolution of that dispute. This subdivision does not preclude a client
3from insuring that responsibility in an insurer authorized to do business in this
4state.
AB758,29,135 (c) If the leased employees of a client are covered under a mandatory
6risk-sharing plan under s. 619.01, the client may, instead of providing the evidence
7required under par. (b) 2., provide evidence in its notification under par. (b) that both
8the leased employees of the client and the employees of the client who are not leased
9employees are covered under that mandatory risk-sharing plan. That evidence shall
10be in the form of a copy of the information page or declaration page of a worker's
11compensation insurance policy or binder evidencing placement of coverage under the
12mandatory risk-sharing plan covering both those leased employees and employees
13who are not leased employees.
AB758,29,1514 (d) When the department receives a notification under par. (b), the department
15shall immediately provide a copy of the notification to the bureau.
AB758,29,1916 (e) 1. If a client intends to terminate a divided workforce plan, the client shall
17notify the department of that intent on a form prescribed by the department.
18Termination of a divided workforce plan by a client is not effective until 10 days after
19notice of the termination is received by the department.
AB758,30,220 2. If an insurer cancels, terminates, or does not renew a worker's compensation
21insurance policy issued under a divided workforce plan that covers in the voluntary
22market the employees of a client who are not leased employees, the divided workforce
23plan is terminated on the effective date of the cancellation, termination, or
24nonrenewal of the policy, unless the client submits evidence under par. (c) that both

1the leased employees of the client and the employees of the client who are not leased
2employees are covered under a mandatory risk-sharing plan.
AB758,30,73 3. If an insurer cancels, terminates, or does not renew a worker's compensation
4insurance policy issued under a divided workforce plan that covers under the
5mandatory risk-sharing plan under s. 619.01 the employees of a client who are not
6leased employees, the divided workforce plan is terminated on the effective date of
7the cancellation, termination, or nonrenewal of the policy.
AB758,30,9 8(7) Filing of contracts. An insurer that provides a policy under sub. (3), (4),
9or (5) (a) shall file the policy as provided in s. 626.35.
Loading...
Loading...