Wisconsin Code § 16.5285

Health insurer fee savings
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(1) In this section,
“Affordable Care Act” has the meaning given in s. 601.80 (1).
(2) If the annual fee imposed under section 9010 of the Affordable Care Act is no longer applicable to insurers participating
in the state’s group health insurance program under s. 40.51 (6) or
the Medical Assistance program under subch. IV of ch. 49 and if
the state budget allocated an amount to expend on the annual insurer fee, the secretary shall calculate the expected state agency
savings related to the avoidance of the fee.
(3) Based on the savings calculated under sub. (2), the secretary shall do one or more of the following:
(a) In the fiscal biennium in which the savings are calculated,
reduce the estimated general purpose revenue and program revenue expenditures, excluding tuition and fee moneys from the
University of Wisconsin System, for “Compensation Reserves”
shown in the schedule under s. 20.005 (1) by an amount equal to
the savings calculated under sub. (2) to the state’s group health insurance program; subject to sub. (4), transfer to the general fund
the related available balances in program revenue appropriation
accounts related to the savings under sub. (2) to the state’s group
health insurance program in an amount equal to the calculated
program revenue saved under sub. (2) to the state’s group health
insurance program; and, if the secretary of health services finds
that a reduction would not result in a deficit to the Medical Assistance program, reduce the general purpose revenue expenditure
amounts for the Medical Assistance program under s. 20.435 (4)
(b) by an amount that is no greater than the amount of the savings
calculated under sub. (2) to the Medical Assistance program.
(b) In the fiscal biennium following the fiscal biennium in
which the savings are calculated, adjust state agency employer
contributions for state employee fringe benefit costs.
(4) If the secretary intends to transfer to the general fund the
related available balances in program revenue appropriation accounts related to the savings under sub. (2) to the state’s group
health insurance program, the secretary shall submit a request to
the joint committee on finance stating the amounts the secretary
calculates would be transferred from each program revenue appropriation account. If, within 14 days after the date of the secretary’s request, the cochairpersons of the committee do not notify
the department that the committee has scheduled a meeting to review the request, the transfers submitted are considered approved. If the cochairpersons notify the department within 14
days after the date of the secretary’s request that the committee
has scheduled a meeting to review the request, a transfer may be
made only upon approval of the committee.

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