Senate Bill 770
Wisconsin Healthcare Stability Plan, reinsurance of health carriers, reallocating savings from health insurer fee, providing an exemption from emergency rule procedures, granting rule-making authority, and making appropriations. (FE)
Became law
The governor signed it on Feb 28, 2018. It's .
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Introduced, passed
Feb 5, 2018
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Committee, passed
Approved
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Senate vote, passed
Passed Feb 20, 2018
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Assembly vote, passed
Passed 79 to 16
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Governor, passed
Signed
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Law, here now
2017 Wisconsin Act 138
Latest entry in the official record, Feb 28, 2018: “Published 2-28-2018”
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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
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
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
This bill creates the Wisconsin Healthcare Stability Plan (WIHSP), which is a state-based reinsurance program for health carriers, subject to the approval of a waiver of the federal Patient Protection and Affordable Care Act. WIHSP makes a reinsurance payment to a health carrier if the claims for an individual who is enrolled in a health benefit plan of the carrier exceed a threshold amount, known as the attachment point, in a benefit year. The commissioner of the Office of the Commissioner of Insurance in this state administers WIHSP. After consulting with an actuarial firm, the commissioner sets the payment parameters for the reinsurance payment as specified under the bill. In addition to the attachment point, the other payment parameters are the reinsurance cap, which is the maximum amount of claims eligible for a reinsurance payment, and the coinsurance rate, which is the percent of the claim amount eligible for a reinsurance payment. The commissioner must design and adjust the payment parameters with the goal to stabilize or reduce premium rates in the individual health insurance market, increase participation by health carriers in the individual market, improve access to health care providers and services for individuals purchasing individual health insurance coverage, mitigate the impact high-risk individuals have on premium rates in the individual market, and take into account any federal funding and the total amount of funding available for the plan. If the funding amounts available for expenditure are not anticipated to fully fund the reinsurance payments as of July 1 of the year before the applicable benefit year, the commissioner must adjust the payment parameters and then allow the health carrier to adjust its filing of insurance premium rates. If funding is not available to make all reinsurance payments in a benefit year, reinsurance payments will be made proportional to the health carrier's share of aggregate state resident premiums, as determined by the commissioner. Under the bill, health carriers are required to calculate the rates the carrier would have charged for a benefit year if WIHSP was not established and submit those rates as part of its rate filing.
The commissioner must calculate a reinsurance payment to be made to a health carrier as specified in the bill. If the claims cost amounts for an individual enrollee of the health benefit plan do not exceed the attachment point threshold, the commissioner may not make a reinsurance payment. If the costs exceed the attachment point, then the commissioner makes a reinsurance payment that is the coinsurance rate multiplied by whichever of the following is less 1) the claims cost minus the attachment point or 2) the reinsurance cap minus the attachment point.
Read the full summary Show less
When a health carrier meets criteria set in the bill and any requirements set by the commissioner, the carrier may request a reinsurance payment. A health carrier, however, is not eligible to receive a reinsurance payment unless the carrier agrees not to bring a lawsuit over any delay in reinsurance payments or reduction in the payments for insufficient funding. The commissioner must notify the carrier of any reinsurance payments for the benefit year no later than June 30 of the year following that benefit year.
The bill requires health carriers to provide access to certain data. The commissioner may also have a health carrier audited to assess the carrier's compliance with requirements in this bill. The commissioner is required to keep an accounting of certain payments and moneys available for payments as specified in the bill.
The bill allows the commissioner to submit one or more requests for a state innovation waiver under the federal Affordable Care Act, known as a “1332 waiver,” to implement WIHSP. The bill specifies the 2019 benefit year payment parameters to be used for submitting the waiver but allows the commissioner to adjust the payment parameters to secure federal approval of the waiver request. If the federal government does not approve WIHSP as submitted or a substantially similar plan, the commissioner may not implement WIHSP. Current federal law allows a state to apply for a waiver of certain provisions of the Affordable Care Act, and the state is then eligible to receive moneys from the federal government, known as pass-through funding, that the federal government would have paid in premium tax credits, cost-sharing reductions, or small business credits if the waiver had not been approved.
The bill requires the secretary of health services to ensure a lapse is made to the general fund of up to $80,000,000, as determined by the secretary of administration, from the general purpose revenue appropriation for the Medical Assistance program.
Under the bill, if a fee imposed under the Affordable Care Act is no longer applicable to insurers participating in the state's group health insurance program or the Medical Assistance program, the secretary of administration must calculate the expected savings to state agencies from avoiding the fee. The secretary must then transfer, in the biennium in which the savings calculation is made, to the general fund the program revenue based on the savings calculated or adjust state agency employer contributions for state employee fringe benefit costs in the biennium following the biennium in which the savings is calculated or both. The secretary may transfer any program revenue transferred based on calculated savings to an appropriation account to be used for WIHSP or reinsurance.
Who's behind it
The Committee on Senate Organization introduced it at the governor's request.
1 more lawmaker .
See all the details Hide the names
Signed on in support (1)
- Kevin Petersen · Republican, Assembly
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 9 votes on this bill.
Senate vote on an amendment
Passed, 16 to 0 · Feb 13, 2018
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report introduction of Senate Amendment 1 by Joint Committee on Finance, Ayes 16, Noes 0”. Official record · This vote on its own page
Senate vote on an amendment
Passed, 16 to 0 · Feb 13, 2018
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report introduction of Senate Amendment 2 by Joint Committee on Finance, Ayes 16, Noes 0”. Official record · This vote on its own page
Senate vote on an amendment
Passed, 16 to 0 · Feb 13, 2018
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report introduction of Senate Substitute Amendment 1 by Joint Committee on Finance, Ayes 16, Noes 0”. Official record · This vote on its own page
Joint Committee on Finance vote on an amendment
Passed, 12 to 4 · Feb 13, 2018
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report adoption of Senate Substitute Amendment 1 recommended by Joint Committee on Finance, Ayes 12, Noes 4”. Official record · This vote on its own page
Joint Committee on Finance vote to recommend it
Passed, 13 to 3 · Feb 13, 2018
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage as amended recommended by Joint Committee on Finance, Ayes 13, Noes 3”. Official record · This vote on its own page
Assembly vote to pass it
Passed, 79 to 16 · Feb 20, 2018 · 3 didn't vote
See how each of the 98 representatives voted Hide the names
D: Democrat, R: Republican
Yes (79)
- Adam Neylon (R, 15)
- Amanda Stuck (D, 57)
- Amy Loudenbeck (R, 31)
- André Jacque (R, 1)
- Beth Meyers (D, 74)
- Bob Kulp (R, 69)
- Chuck Wichgers (R, 84)
- Cindi Duchow (R, 97)
- Cody Horlacher (R, 33)
- Dale Kooyenga (R, 5)
- Dan Knodl (R, 24)
- Daniel Riemer (D, 7)
- Dave Considine (D, 81)
- David Steffen (R, 4)
- Debra Kolste (D, 44)
- Don Vruwink (D, 43)
- Edward Brooks (R, 50)
- Eric Genrich (D, 90)
- Evan Goyke (D, 18)
- Frederick Kessler (D, 12)
- Gary Tauchen (R, 6)
- Gordon Hintz (D, 54)
- Greta Neubauer (D, 66)
- James Edming (R, 87)
- Janel Brandtjen (R, 22)
- Jason Fields (D, 11)
- Jeff Mursau (R, 36)
- Jeremy Thiesfeldt (R, 52)
- Jessie Rodriguez (R, 21)
- Jill Billings (D, 95)
- Jim Ott (R, 23)
- Jim Steineke (R, 5)
- Joan Ballweg (R, 14)
- Joe Sanfelippo (R, 15)
- Joel Kitchens (R, 1)
- Joel Kleefisch (R, 38)
- John Jagler (R, 13)
- John Macco (R, 88)
- John Nygren (R, 89)
- John Spiros (R, 86)
- Kathleen Bernier (R, 23)
- Katrina Shankland (D, 71)
- Ken Skowronski (R, 82)
- Kevin Petersen (R, 57)
- Lee Nerison (R, 96)
- Mark Born (R, 37)
- Mark Spreitzer (D, 15)
- Mary Felzkowski (R, 12)
- Michael Schraa (R, 53)
- Mike Kuglitsch (R, 84)
- Mike Rohrkaste (R, 55)
- Nancy VanderMeer (R, 70)
- Nick Milroy (D, 73)
- Pat Snyder (R, 85)
- Paul Tittl (R, 25)
- Peter Barca (D, 64)
- Rick Gundrum (R, 58)
- Rob Brooks (R, 59)
- Rob Hutton (R, 5)
- Rob Stafsholt (R, 10)
- Rob Summerfield (R, 68)
- Rob Swearingen (R, 34)
- Robin Vos (R, 33)
- Romaine Quinn (R, 25)
- Ron Tusler (R, 3)
- Samantha Kerkman (R, 61)
- Scott Allen (R, 82)
- Scott Krug (R, 72)
- Shannon Zimmerman (R, 30)
- Steve Doyle (D, 94)
- Terry Katsma (R, 26)
- Thomas Weatherston (R, 62)
- Tod Ohnstad (D, 65)
- Todd Novak (R, 51)
- Travis Tranel (R, 49)
- Treig Pronschinske (R, 29)
- Tyler August (R, 31)
- Tyler Vorpagel (R, 27)
- Warren Petryk (R, 93)
No (16)
- Chris Taylor (D, 76)
- Christine Sinicki (D, 20)
- Dana Wachs (D, 91)
- David Bowen (D, 10)
- David Crowley (D, 17)
- Dianne Hesselbein (D, 27)
- Gary Hebl (D, 46)
- Jimmy Anderson (D, 47)
- JoCasta Zamarripa (D, 8)
- Jonathan Brostoff (D, 19)
- Josh Zepnick (D, 9)
- Leon Young (D, 16)
- Lisa Subeck (D, 79)
- Melissa Sargent (D, 48)
- Sondy Pope (D, 80)
- Terese Berceau (D, 77)
Didn't vote (3)
- Adam Jarchow (R, 28)
- Dave Murphy (R, 56)
- Jesse Kremer (R, 59)
Official motion: “CONCURRENCE”. Official record · This vote on its own page
Assembly vote on an amendment
Passed, 60 to 35 · Feb 20, 2018
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 60, Noes 35”. Official record · This vote on its own page
Senate vote on an amendment
Passed, 18 to 14 · Feb 20, 2018
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Senate Amendment 1 to Senate Substitute Amendment 1 rejected, Ayes 18, Noes 14”. Official record · This vote on its own page
Senate vote to pass it
Passed, 23 to 9 · Feb 20, 2018
See how each of the 32 senators voted Hide the names
D: Democrat, R: Republican
Yes (23)
- Alberta Darling (R, 8)
- Bob Wirch (D, 22)
- Dan Feyen (R, 20)
- Devin LeMahieu (R, 9)
- Duey Stroebel (R, 20)
- Howard Marklein (R, 17)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- Jerry Petrowski (R, 29)
- Kathleen Vinehout (D, 31)
- Leah Vukmir (R, 5)
- Luther S. Olsen (R, 14)
- Mark Miller (D, 16)
- Patrick Testin (R, 24)
- Patty Schachtner (D, 10)
- Rob Cowles (R, 2)
- Roger Roth (R, 19)
- Scott L. Fitzgerald (R, 13)
- Steve Nass (R, 11)
- Terry Moulton (R, 23)
- Thomas Tiffany (R, 12)
- Tim Carpenter (D, 3)
- Van Wanggaard (R, 21)
No (9)
- Chris Kapenga (R, 33)
- Chris Larson (D, 7)
- Dave Hansen (D, 30)
- David Craig (R, 28)
- Fred A. Risser (D, 26)
- Jennifer Shilling (D, 32)
- Jon Erpenbach (D, 27)
- LaTonya Johnson (D, 6)
- Lena Taylor (D, 4)
Official motion: “PASSAGE”. Official record · This vote on its own page
What happened
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Feb 28, 2018
The new law was published.
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Feb 28, 2018
The governor signed it. It became 2017 Wisconsin Act 138.
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Feb 26, 2018
Sent to the governor.
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Feb 20, 2018
The Assembly passed it too, 79 to 16.
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Feb 20, 2018
“Read” (the official wording)
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Feb 20, 2018
The Assembly received it.
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Feb 20, 2018
The Senate passed it, 23 to 9.
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Feb 20, 2018
The Senate adopted it.
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Feb 13, 2018
The committee voted to recommend passing it, 13 to 3.
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Feb 13, 2018
“Report adoption of Senate Substitute Amendment 1 recommended by Joint Committee on Finance, Ayes 12, Noes 4” (the official wording)
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Feb 13, 2018
“Report introduction of Senate Substitute Amendment 1 by Joint Committee on Finance, Ayes 16, Noes 0” (the official wording)
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Feb 13, 2018
“Report introduction of Senate Amendment 2 by Joint Committee on Finance, Ayes 16, Noes 0” (the official wording)
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Feb 13, 2018
“Report introduction of Senate Amendment 1 by Joint Committee on Finance, Ayes 16, Noes 0” (the official wording)
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Feb 12, 2018
A state agency sent in its estimate of the cost.
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Feb 12, 2018
The committee held a public hearing.
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Feb 8, 2018
A state agency sent in its estimate of the cost.
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Feb 5, 2018
1 more representative signed on in support.
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Feb 5, 2018
Sent to the Joint Committee on Finance.
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Feb 5, 2018
Introduced in the Senate.
See the official record, word for word Hide the official record
- Feb 5, 2018 · Senate
Introduced by Committee on Senate Organization, by request of Governor Scott Walker
- Feb 5, 2018 · Senate
Read first time and referred to Joint Committee on Finance
- Feb 5, 2018 · Senate
Representative Petersen added as a cosponsor
- Feb 8, 2018 · Senate
Fiscal estimate received
- Feb 8, 2018 · Senate
Fiscal estimate received
- Feb 12, 2018 · Senate
Public hearing held
- Feb 12, 2018 · Senate
Fiscal estimate received
- Feb 13, 2018 · Senate
Executive action taken
- Feb 13, 2018 · Senate
Report introduction of Senate Amendment 1 by Joint Committee on Finance, Ayes 16, Noes 0
- Feb 13, 2018 · Senate
Report introduction of Senate Amendment 2 by Joint Committee on Finance, Ayes 16, Noes 0
- Feb 13, 2018 · Senate
Report introduction of Senate Substitute Amendment 1 by Joint Committee on Finance, Ayes 16, Noes 0
- Feb 13, 2018 · Senate
Report adoption of Senate Substitute Amendment 1 recommended by Joint Committee on Finance, Ayes 12, Noes 4
- Feb 13, 2018 · Senate
Report passage as amended recommended by Joint Committee on Finance, Ayes 13, Noes 3
- Feb 13, 2018 · Senate
Available for scheduling
- Feb 16, 2018 · Senate
Placed on calendar 2-20-2018 pursuant to Senate Rule 18(1)
- Feb 20, 2018 · Senate
Senate Amendment 1 to Senate Substitute Amendment 1 offered by Senators Erpenbach, Miller, Ringhand, Risser, Carpenter, Vinehout, Schachtner, L. Taylor, Larson, Johnson, Hansen, Bewley and Shilling
- Feb 20, 2018 · Senate
Read a second time
- Feb 20, 2018 · Senate
Senate Amendment 1 to Senate Substitute Amendment 1 rejected, Ayes 18, Noes 14
- Feb 20, 2018 · Senate
Senate Substitute Amendment 1 adopted
- Feb 20, 2018 · Senate
Ordered to a third reading
- Feb 20, 2018 · Senate
Rules suspended
- Feb 20, 2018 · Senate
Read a third time and passed, Ayes 23, Noes 9
- Feb 20, 2018 · Senate
Ordered immediately messaged
- Feb 20, 2018 · Assembly
Received from Senate
- Feb 20, 2018 · Assembly
Read
- Feb 20, 2018 · Assembly
Rules suspended and taken up
- Feb 20, 2018 · Assembly
Read a second time
- Feb 20, 2018 · Assembly
Assembly Amendment 1 offered by Representatives Hintz, Hesselbein, Spreitzer, Doyle, Riemer, Vruwink, Neubauer, Brostoff, Wachs, Subeck, Sinicki, Kessler, Meyers, Hebl, Ohnstad, Kolste, Considine, Berceau, Shankland, Barca and Billings
- Feb 20, 2018 · Assembly
Assembly Amendment 1 laid on table, Ayes 60, Noes 35
- Feb 20, 2018 · Assembly
Ordered to a third reading
- Feb 20, 2018 · Assembly
Rules suspended
- Feb 20, 2018 · Assembly
Read a third time and concurred in, Ayes 79, Noes 16
- Feb 20, 2018 · Assembly
Ordered immediately messaged
- Feb 21, 2018 · Senate
Received from Assembly concurred in
- Feb 26, 2018 · Senate
Report correctly enrolled
- Feb 26, 2018 · Senate
LRB correction (Senate Substitute Amendment 1)
- Feb 26, 2018 · Senate
Presented to the Governor on 2-26-2018
- Feb 28, 2018 · Senate
Report approved by the Governor on 2-27-2018. 2017 Wisconsin Act 138
- Feb 28, 2018 · Senate
Published 2-28-2018
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
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
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