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Bills from the 2009–10 session

Senate Bill 362

Health insurance coverage of nervous and mental disorders, alcoholism, and other drug abuse problems

Topics: Alcohol and other drug abuse, Alcoholism, Insurance: Health, Maternal and infant care, Mental health, Public employee: Group insurance

Became law

The governor signed it on Apr 30, 2010. It's ⁠.

  1. Introduced, passed

    Oct 23, 2009

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Jan 28, 2010

  4. Assembly vote, passed

    Passed 57 to 40

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 218

Latest entry in the official record, May 3, 2010: “Published 5-13-2010”

Read the bill

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What it does

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

Under current law, a group health insurance policy (called a "disability insurance policy" in the statutes) that provides coverage of any inpatient hospital services must cover those services for the treatment of nervous and mental disorders (mental health) and alcoholism and other drug abuse problems (substance abuse problems) in the minimum amount of the lesser of: 1) the expenses of 30 days of inpatient services; or 2) $7,000 minus the applicable cost sharing under the policy or, if there is no cost sharing under the policy, $6,300 in equivalent benefits measured in services rendered. If a group health insurance policy provides coverage of any outpatient hospital services, it must cover those services for the treatment of mental health and substance abuse problems in the minimum amount of $2,000 minus the applicable cost sharing under the policy or, if there is no cost sharing under the policy, $1,800 in equivalent benefits measured in services rendered. If a group health insurance policy provides coverage of any inpatient or outpatient hospital services, it must cover the cost of transitional treatment arrangements for the treatment of mental health and substance abuse problems in the minimum amount of $3,000 minus the applicable cost sharing under the policy or, if there is no cost sharing under the policy, $2,700 in equivalent benefits measured in services rendered. Transitional treatment arrangements include services, specified by rule by the commissioner of insurance, that are provided in a less restrictive manner than inpatient services but in a more intensive manner than outpatient services. If a group health insurance policy provides coverage for both inpatient and outpatient hospital services, the total coverage for all types of treatment for mental health and substance abuse problems is not required to exceed $7,000, or the equivalent benefits measured in services rendered, in a policy year.

This bill removes the specified minimum amounts of coverage that a group health insurance policy must provide for the treatment of mental health and substance abuse problems but retains the requirements with respect to providing the coverage. Except for group plans providing limited benefits, the bill specifically applies the requirements to all types of group health benefit plans, including defined network plans, insurance plans offered by the state, and governmental self-insured health plans of the state and municipalities. In addition, the bill requires group and individual health benefit plans and governmental self-insured health plans that provide coverage for the treatment of mental health and substance abuse problems and that would cover at least one annual physical examination to cover at least one annual screening for a covered individual to determine the need for treatment of mental health and substance abuse problems and for a female covered under the plan at least one screening during a pregnancy for prepartum depression and at least one screening within six months after a live birth, stillbirth, or miscarriage for postpartum depression to determine the need for treatment.

Read the full summary

The bill requires that deductibles, copayments, out-of-pocket limits, limitations regarding referrals to nonphysicians, and other treatment limitations under a group health benefit plan or a governmental self-insured health plan, or under an individual health benefit plan that provides coverage of treatment for mental health or substance abuse problems, may not be more restrictive with respect to that coverage than the most common or frequent type of treatment limitations that apply to substantially all other coverage under the plan. The bill also requires that expenses incurred for the treatment of mental health and substance abuse problems be included in any overall deductible amount, annual or lifetime limit, or out-of-pocket limit under the plan. In addition, the bill requires a group health benefit plan or a governmental self-insured health plan, or an individual health benefit plan that provides coverage of treatment for mental health or substance abuse problems, to make available to an insured or plan participant upon request:

1) the plan's criteria for determining medical necessity for coverage of that treatment; and 2) the reason for any denial of coverage for services for that treatment. Current law requires an insurer that restricts or terminates an insured's coverage that results in the insured's liability for the cost of the treatment to provide on the explanation of benefits form an explanation of the clinical rationale for the restriction or termination of coverage.

Who's behind it

12 senators are its ⁠. All 12 are Democrats.

28 more lawmakers ⁠.

See all 40 names

Authors (12)

Signed on in support (28)

What it would cost

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

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 5 votes on this bill.

Senate Committee on Health vote on an amendment

Passed, 7 to 0 · Dec 22, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Amendment 1 to Senate Amendment 1 recommended by committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue, Ayes 7, Noes 0”. Official record · This vote on its own page

Senate vote to pass it

Passed, 20 to 13 · Jan 28, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Read a third time and passed, Ayes 20, Noes 13”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 57 to 40 · Apr 15, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Read a third time and concurred in, Ayes 57, Noes 40”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 53 to 44 · Apr 15, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 1 laid on table, Ayes 53, Noes 44”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 54 to 43 · Apr 15, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 2 laid on table, Ayes 54, Noes 43”. Official record · This vote on its own page

What happened

  1. May 3, 2010

    The new law was published.

  2. Apr 30, 2010

    The governor signed it. It became 2009 Wisconsin Act 218.

  3. Apr 27, 2010

    Sent to the governor.

  4. Apr 15, 2010

    The Assembly passed it too, 57 to 40.

  5. Feb 26, 2010

    Sent to the Assembly Committee on Rules.

  6. Jan 29, 2010

    The Assembly received it.

  7. Jan 28, 2010

    The Senate passed it, 20 to 13.

  8. Jan 28, 2010

    The Senate adopted it.

  9. Jan 27, 2010

    “Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)” (the official wording)

  10. Jan 27, 2010

    Sent to the Joint Committee on Finance.

  11. Dec 22, 2009

    The committee voted to recommend passing it, 5 to 2.

  12. Dec 22, 2009

    “Report adoption of Senate Amendment 1 recommended by committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue, Ayes 7, Noes 0” (the official wording)

  13. Dec 22, 2009

    “Report adoption of Senate Amendment 1 to Senate Amendment 1 recommended by committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue, Ayes 7, Noes 0” (the official wording)

  14. Dec 22, 2009

    A state agency sent in its estimate of the cost.

  15. Nov 10, 2009

    The committee held a public hearing.

  16. Nov 6, 2009

    A state agency sent in its estimate of the cost.

  17. Oct 23, 2009

    Sent to the Senate Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.

  18. Oct 23, 2009

    Introduced in the Senate.

See the official record, word for word
  1. Oct 23, 2009 · Senate

    Introduced by Senators Hansen, Wirch, Taylor, Robson, Lehman, Coggs, Vinehout, Carpenter, Lassa, Miller, Risser and Erpenbach;Cosponsored by Representatives Pasch, Richards, Benedict, Soletski, Black, Parisi, Milroy, Fields, Pope-Roberts, Hixson, Smith, Zepnick, Roys, Pocan, A. Ott, Berceau, Sinicki, Molepske Jr., Grigsby, Kaufert, Young, Turner, Hebl, Sherman, Jorgensen, Hilgenberg, Hintz and Toles

  2. Oct 23, 2009 · Senate

    Read first time and referred to committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue

  3. Nov 6, 2009 · Senate

    Fiscal estimate received

  4. Nov 10, 2009 · Senate

    Public hearing held

  5. Dec 17, 2009 · Senate

    Senate amendment 1 offered by Senator Hansen

  6. Dec 18, 2009 · Senate

    Senate amendment 1 to Senate amendment 1 offered by Senator Hansen

  7. Dec 22, 2009 · Senate

    Fiscal estimate received

  8. Dec 22, 2009 · Senate

    Executive action taken

  9. Dec 22, 2009 · Senate

    Report adoption of Senate Amendment 1 to Senate Amendment 1 recommended by committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue, Ayes 7, Noes 0

  10. Dec 22, 2009 · Senate

    Report adoption of Senate Amendment 1 recommended by committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue, Ayes 7, Noes 0

  11. Dec 22, 2009 · Senate

    Report passage as amended recommended by committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue, Ayes 5, Noes 2

  12. Dec 22, 2009 · Senate

    Available for scheduling

  13. Jan 27, 2010 · Senate

    Referred to joint committee on Finance by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)

  14. Jan 27, 2010 · Senate

    Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)

  15. Jan 27, 2010 · Senate

    Placed on calendar 1-28-2010 by committee on Senate Organization

  16. Jan 27, 2010 · Senate

    Senate substitute amendment 1 offered by Senator Hansen

  17. Jan 28, 2010 · Senate

    Read a second time

  18. Jan 28, 2010 · Senate

    Senate substitute amendment 1 adopted

  19. Jan 28, 2010 · Senate

    Ordered to a third reading

  20. Jan 28, 2010 · Senate

    Rules suspended

  21. Jan 28, 2010 · Senate

    Read a third time and passed, Ayes 20, Noes 13

  22. Jan 28, 2010 · Senate

    Ordered immediately messaged

  23. Jan 29, 2010 · Assembly

    Received from Senate

  24. Feb 26, 2010 · Assembly

    Read first time and referred to committee on Rules

  25. Apr 13, 2010 · Assembly

    Made a special order of business at 11:09 A.M. on 4-15-2010 pursuant to Assembly Resolution 22

  26. Apr 15, 2010 · Assembly

    Read a second time

  27. Apr 15, 2010 · Assembly

    Assembly amendment 1 offered by Representative Nygren

  28. Apr 15, 2010 · Assembly

    Assembly amendment 1 laid on table, Ayes 53, Noes 44

  29. Apr 15, 2010 · Assembly

    Assembly amendment 2 offered by Representative Nygren

  30. Apr 15, 2010 · Assembly

    Assembly amendment 2 laid on table, Ayes 54, Noes 43

  31. Apr 15, 2010 · Assembly

    Ordered to a third reading

  32. Apr 15, 2010 · Assembly

    Rules suspended

  33. Apr 15, 2010 · Assembly

    Read a third time and concurred in, Ayes 57, Noes 40

  34. Apr 15, 2010 · Assembly

    Ordered immediately messaged

  35. Apr 16, 2010 · Senate

    Received from Assembly concurred in

  36. Apr 23, 2010 · Senate

    Report correctly enrolled on 4-23-2010

  37. Apr 27, 2010 · Senate

    Presented to the Governor on 4-27-2010

  38. Apr 30, 2010 · Senate

    Report approved by the Governor on 4-29-2010. 2009 Wisconsin Act 218

  39. May 3, 2010 · Senate

    Published 5-13-2010

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. 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

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

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

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

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

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote