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Bills from the 2021–22 session

Senate Bill 40

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

Stopped in committee

It never got a ⁠, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Jan 28, 2021

  2. Committee, stopped here

    Stopped here. No public hearing was held.

  3. Senate vote, not reached

  4. Assembly vote, not reached

  5. Governor, not reached

  6. Law, not reached

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

It never got a hearing in the Senate Committee on Insurance, Licensing and Forestry. See every bill that never got a hearing this session.

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

7 senators are its ⁠. 6 are Republicans and 1 is a Democrat.

33 more lawmakers ⁠.

See all 40 names

Authors (7)

Signed on in support (33)

What happened

  1. Mar 15, 2022

    The session ended, and the bill died with it.

  2. Feb 15, 2021 to Mar 16, 2021

    5 more representatives signed on in support.

  3. Feb 9, 2021

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

  4. Jan 28, 2021

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

  5. Jan 28, 2021

    Introduced in the Senate.

See the official record, word for word
  1. Jan 28, 2021 · Senate

    Introduced by Senators Jacque, L. Taylor, Darling, Felzkowski, Marklein, Nass and Wanggaard; cosponsored 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

  2. Jan 28, 2021 · Senate

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

  3. Feb 9, 2021 · Senate

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

  4. Feb 15, 2021 · Senate

    Representative Allen added as a cosponsor

  5. Feb 26, 2021 · Senate

    Representative Oldenburg added as a cosponsor

  6. Mar 2, 2021 · Senate

    Representative Petryk added as a cosponsor

  7. Mar 16, 2021 · Senate

    Representative Wittke added as a cosponsor

  8. Mar 16, 2021 · Senate

    Representative Bowen added as a cosponsor

  9. Mar 15, 2022 · Senate

    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

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