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Bills from the 2021–22 session

Assembly Bill 34

Coverage of individuals with preexisting conditions and benefit limits under health plans

Passed the Assembly, then stopped

The Assembly passed it on Mar 16, 2021, but the Senate never voted on it. A bill has to ⁠. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Feb 10, 2021

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed 92 to 0

  4. Senate vote, stopped here

    Stopped here. The Senate never voted on it.

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 15, 2022: “Failed to concur in pursuant to ⁠”

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.

This bill generally sets certain requirements and limitations on health insurance coverage in the event the federal Patient Protection and Affordable Care Act no longer preempts state law on the topic. Currently, the Affordable Care Act generally allows premium rates to be based only on individual or family coverage, rating area, age, and tobacco use; requires group and individual health insurance policies to accept every employer and individual that applies for coverage, known as guaranteed issue, and renew health insurance coverage at the option of the sponsor or individual; and prohibits health insurance policies from imposing preexisting condition exclusions. If those requirements and limitations of the Affordable Care Act become no longer enforceable or no longer preempt state law, all of the following apply under the bill:

1. Every individual health benefit plan must accept every individual in this state who applies for coverage and every group health benefit plan must accept every employer in this state that applies for coverage, regardless of whether any individual or employee has a preexisting condition. A health benefit plan may restrict enrollment in coverage to open or special enrollment periods, and the commissioner of insurance must ensure a statewide 45-day open enrollment period allowing individuals, including individuals who do not have coverage, to enroll in coverage.

Read the full summary

Health benefit plans must provide special enrollment periods for certain qualifying events described in federal law.

2. A health benefit plan offered on the individual or small employer market or a self-insured governmental health plan may not vary premium rates for a specific plan on any basis except age, tobacco use, area in the state, and whether the plan covers an individual or a family.

3. A health benefit plan or a self-insured governmental health plan may not impose a preexisting condition exclusion. A preexisting condition exclusion is defined in the bill as a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment for the coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before the date of enrollment for coverage.

4. A health benefit plan or a self-insured governmental health plan is prohibited from imposing an annual or lifetime limit on the dollar value of benefits under the plan.

The Affordable Care Act exempts certain plans from complying with the act's provisions. Similarly, any health benefit plan that is exempt from a provision of the Affordable Care Act is exempt from complying with the corresponding provision of this bill.

This proposal may contain a health insurance mandate requiring a social and financial impact report under s. 601.423, stats.

Who's behind it

28 lawmakers are its ⁠. 27 are Republicans and 1 is a Democrat.

12 more lawmakers ⁠.

See all 40 names

Authors (28)

Signed on in support (12)

How lawmakers voted

There were 2 votes on this bill.

Assembly Committee on Insurance vote to recommend it

Passed, 10 to 1 · Mar 11, 2021

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

Official motion: “Report passage recommended by Committee on Insurance, Ayes 10, Noes 1”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 92 to 0 · Mar 16, 2021 · 6 didn't vote

See how each of the 98 representatives voted

D: Democrat, R: Republican

Yes (92)

Didn't vote (6)

Official motion: “PASSAGE”. Official record · This vote on its own page

What happened

  1. Mar 15, 2022

    The session ended, and the bill died with it.

  2. Aug 5, 2021

    Sent to the Senate Committee on Insurance, Licensing and Forestry.

  3. Mar 16, 2021

    The Senate received it.

  4. Mar 16, 2021

    1 more representative signed on in support.

  5. Mar 16, 2021

    The Assembly passed it, 92 to 0.

  6. Mar 15, 2021

    3 more representatives signed on in support.

  7. Mar 11, 2021

    Sent to the Assembly Committee on Rules.

  8. Mar 11, 2021

    The committee voted to recommend passing it, 10 to 1.

  9. Mar 2, 2021

    The committee held a public hearing.

  10. Feb 26, 2021 to Mar 2, 2021

    3 more representatives signed on in support.

  11. Feb 19, 2021

    “Commissioner of Insurance report received pursuant to s.601.423(2), Wisconsin Statutes” (the official wording)

  12. Feb 12, 2021

    1 more representative signed on in support.

  13. Feb 10, 2021

    Sent to the Assembly Committee on Insurance.

  14. Feb 10, 2021

    Introduced in the Assembly.

See the official record, word for word
  1. Feb 10, 2021 · Assembly

    Introduced by Representatives Magnafici, Dittrich, Armstrong, Cabral-Guevara, Callahan, Duchow, Edming, Gundrum, James, Kerkman, Kitchens, Knodl, Krug, Moses, Murphy, Mursau, Novak, Ortiz-Velez, Plumer, J. Rodriguez, Schraa, Skowronski, Snyder, Tittl, Tranel, VanderMeer, Wichgers and Zimmerman; cosponsored by Senators Jacque, L. Taylor, Darling, Felzkowski, Marklein, Nass and Wanggaard

  2. Feb 10, 2021 · Assembly

    Read first time and referred to Committee on Insurance

  3. Feb 12, 2021 · Assembly

    Representative Allen added as a coauthor

  4. Feb 19, 2021 · Assembly

    Commissioner of Insurance report received pursuant to s.601.423(2), Wisconsin Statutes

  5. Feb 26, 2021 · Assembly

    Representative Oldenburg added as a coauthor

  6. Mar 2, 2021 · Assembly

    Representatives Petryk and Jagler added as coauthors

  7. Mar 2, 2021 · Assembly

    Public hearing held

  8. Mar 3, 2021 · Assembly

    Executive action taken

  9. Mar 11, 2021 · Assembly

    Report passage recommended by Committee on Insurance, Ayes 10, Noes 1

  10. Mar 11, 2021 · Assembly

    Referred to committee on Rules

  11. Mar 11, 2021 · Assembly

    Placed on calendar 3-16-2021 by Committee on Rules

  12. Mar 15, 2021 · Assembly

    Representatives Loudenbeck, Wittke and Stubbs added as coauthors

  13. Mar 16, 2021 · Assembly

    Read a second time

  14. Mar 16, 2021 · Assembly

    Ordered to a third reading

  15. Mar 16, 2021 · Assembly

    Rules suspended

  16. Mar 16, 2021 · Assembly

    Read a third time and passed, Ayes 92, Noes 0

  17. Mar 16, 2021 · Assembly

    Representative Bowen added as a coauthor

  18. Mar 16, 2021 · Assembly

    Ordered immediately messaged

  19. Mar 16, 2021 · Senate

    Received from Assembly

  20. Aug 5, 2021 · Senate

    Read first time and referred to committee on Insurance, Licensing and Forestry

  21. Mar 15, 2022 · Senate

    Failed to concur in pursuant to Senate Joint Resolution 1

Terms on this page

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence. 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

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

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence

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

Roll call

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

Official term: Roll call vote