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Bills from the 2009–10 session

Assembly Bill 539

Disclosure of information by health care providers, insurers, and governmental self-insured plans; requiring acceptance by a health care provider of a payment amount in certain circumstances; and requiring the exercise of rule-making authority

Topics: Administrative rules, Health Services, Department of: Health, Insurance: Health, Insurance: Miscellaneous, Insurance: State, Medical assistance, Medical practice, Group

Stopped in committee

It had a but no committee vote, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Oct 29, 2009

  2. Committee, stopped here

    Stopped here. It had a hearing but no committee vote.

  3. Assembly vote, not reached

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

It sat with the Assembly Committee on Health and Healthcare Reform.

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, if an applicant for Medical Assistance (MA) is determined to be eligible for MA retroactively (for three months) and a provider bills the applicant directly for services and benefits rendered during the retroactive period, the provider must submit MA claims for those services and benefits that are covered under MA. Upon receiving MA payment under the claims, the provider must reimburse the MA recipient, or other person who made the prior payment on behalf of the recipient, the amount of the prior payment made for services provided to the recipient during the retroactive eligibility period.

This bill restricts payment that a "health care provider," as defined in the bill, may accept from certain patients who are uninsured or who do not have "public coverage," as defined in the bill. If the patient, within 90 days after receiving a health care service, diagnostic test, or procedure or the first treatment or visit of a course of treatment as part of a health care service, obtains coverage from an insurer or a self-insured health plan under a contract for not less than one year, the health care provider must accept, as payment from the patient for the service, test, or procedure no more than the insurer's or plan's payment amount for that service, test, or procedure, or, if the service or provider is not covered under the coverage the patient obtains, no more than the average rate paid by insurers or self-insured health plans for the service, test, or procedure. However, the patient may be liable to the health care provider for out-of-pocket costs, finance charges, and collection costs incurred that would not have been covered under the patient's coverage. The insurer or self-insured health plan that provides coverage must provide to the patient a dollar estimate of the applicable payment amount for the service, test, or procedure the patient received. A health care provider must provide to a patient who is uninsured or does not have public coverage, at the time the health care service, test, or procedure is provided or after the first treatment or visit of a course of treatment, information about this restriction on payment and information about the restriction on acceptance of patient payment for MA applicants who receive retroactive eligibility.

Read the full summary

Under the bill, if a patient is recommended, referred for service, or prescribed a health care service (including any applicable course of treatment), diagnostic test, or procedure for which the charge exceeds $500 or any higher amount that the Department of Health Services (DHS) promulgates by rule (the minimum cost), the health care provider must provide an estimate of the charge to the patient, whether insured or uninsured, or the patient's agent who requests it. The estimate of the charge must be provided at the time of scheduling of the health care service, diagnostic test, procedure, or course of treatment, or within ten business days of the request, whichever is later. The bill specifies numerous requirements for the estimate of charge, except that, in lieu of several of the requirements, a health care provider may provide to the patient or his or her agent an estimate of charge that is a single fixed-price estimate of the total cost of the health care service, diagnostic test, or procedure.

The bill requires DHS, by rule, biennially to adjust the dollar amount that is specified for minimum cost and specifies a procedure, using the consumer price index, by which the adjusted dollar amount must be calculated. DHS may promulgate the amount as an emergency rule without providing a finding of emergency or complying with certain other standards for promulgating emergency rules.

The bill requires a self-insured health plan of the state or a county, city, village, town, or school district, or an insurer that provides health care coverage under a health care plan, including a defined network plan or a sickness care plan operated by a cooperative association, to provide to an insured under the health care plan or an enrollee under the self-insured health plan, any of the following if requested by the insured or enrollee: 1) a description of the coverage, including benefits and cost-sharing requirements, under the health care plan or self-insured health plan;

2) a description of any pre-certification or other requirements that an insured or enrollee must complete before any care is approved by the insurer or self-insured health plan; and 3) a summary of the insured's or enrollee's coverage with respect to a specific medical service or course of treatment. The summary of coverage is based on information relating to an estimate of a charge for a medical service or course of treatment that was provided by a provider or group of providers to the insured or enrollee and must include an estimate of the total out-of-pocket costs that the insured or enrollee may incur, an estimate of the amount that the insurer or self-insured health plan has paid to the provider or providers, any limits on what the insurer or self-insured health plan will pay if the service or course of treatment is received from a nonparticipating or out-of-network provider, and any discounts that the insurer or self-insured health plan is willing to offer the insured or enrollee if the service or course of treatment is received from a different provider.

Who's behind it

37 lawmakers are its ⁠. All 37 are Republicans.

6 more lawmakers ⁠.

See all 43 names

Authors (37)

Signed on in support (6)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Jan 5, 2010

    A state agency sent in its estimate of the cost.

  3. Dec 29, 2009

    A state agency sent in its estimate of the cost.

  4. Dec 17, 2009

    The committee held a public hearing.

  5. Oct 29, 2009

    Sent to the Assembly Committee on Health and Healthcare Reform.

  6. Oct 29, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. Oct 29, 2009 · Assembly

    Introduced by Representatives Vukmir, Kramer, Tauchen, Kerkman, Townsend, Davis, Strachota, Knodl, Murtha, Ripp, Gunderson, Vos, Bies, LeMahieu, Petrowski, Honadel, Nass, Nygren, Van Roy, M. Williams, Suder, J. Ott, Pridemore, Kleefisch, Rhoades, Zipperer, Brooks, Petersen, Lothian, Spanbauer, Huebsch, Newcomer, Montgomery, Nerison, A. Ott, Stone and Kestell;Cosponsored by Senators Kanavas, Darling, Hopper, A. Lasee, Schultz and Grothman

  2. Oct 29, 2009 · Assembly

    Read first time and referred to committee on Health and Healthcare Reform

  3. Dec 17, 2009 · Assembly

    Public hearing held

  4. Dec 29, 2009 · Assembly

    Fiscal estimate received

  5. Jan 5, 2010 · Assembly

    Fiscal estimate received

  6. Apr 28, 2010 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate