Wisconsin Code § 40.51

Health care coverage
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(1) The procedures and provisions pertaining to enrollment, premium transmitted and cover-

age of eligible employees for health care benefits shall be established by contract or rule except as otherwise specifically provided by this chapter.
(2) Except as provided in subs. (10), (10m), (11) and (16),
any eligible employee may become covered by group health insurance by electing coverage within 30 days of being hired, to be
effective as of the first day of the month that first occurs during
the 30-day period, or by electing coverage prior to becoming eligible for employer contribution towards the premium cost as provided in s. 40.05 (4) (a) to be effective upon becoming eligible for
employer contributions. An eligible employee who is not insured, but who is eligible for an employer contribution under s.
40.05 (4) (ag) 1. , may elect coverage prior to becoming eligible
for an employer contribution under s. 40.05 (4) (ag) 2., with the
coverage to be effective upon becoming eligible for the increase
in the employer contribution. Any employee who does not so
elect at one of these times, or who subsequently cancels the insurance, shall not thereafter become insured unless the employee
furnishes evidence of insurability satisfactory to the insurer, at
the employee’s own expense or obtains coverage subject to contractual waiting periods. The method to be used shall be specified in the health insurance contract.
(2m) (a) In addition to the restriction under par. (b), neither a
domestic partner of an eligible employee nor a stepchild of a current domestic partnership may be covered under a group health
insurance plan under this subchapter.
(b) If an eligible employee is divorced or was a domestic partner in a dissolved domestic partnership, the eligible employee
may not enroll a new spouse in a group health insurance plan under this subchapter until 6 months have elapsed since the date of
the divorce or dissolved domestic partnership.
(3) The health insurance contract shall establish provisions
by which an insured employee or dependents may continue group
coverage or convert group coverage to a nongroup policy which,
at a minimum, comply with s. 632.897.
(4) The group insurance board shall establish provisions for
the continuance of insurance coverage which shall, at a minimum, comply with s. 632.897.
(5) The health insurance contract shall comply with s.
632.897.
(6) This state shall offer to all of its employees at least 2 insured or uninsured health care coverage plans providing substantially equivalent hospital and medical benefits, including a health
maintenance organization or a preferred provider plan, if those
health care plans are determined by the group insurance board to
be available in the area of the place of employment and are approved by the group insurance board. The group insurance board
shall place each of the plans into one of 3 tiers established in accordance with standards adopted by the group insurance board.
The tiers shall be separated according to the employee’s share of
premium costs.
(7) (a) Any employer, other than the state, including an employer that is not a participating employer, may offer to all of its
employees a health care coverage plan through a program offered
by the group insurance board. Notwithstanding sub. (2) and ss.
40.05 (4) and 40.52 (1), the department may by rule establish different eligibility standards or contribution requirements for such
employees and employers. Beginning on January 1, 2012, except
as otherwise provided in a collective bargaining agreement under
subch. IV of ch. 111 and except as provided in par. (b), an employer may not offer a health care coverage plan to its employees
under this subsection if the employer pays more than 88 percent
of the average premium cost of plans offered in any tier with the
lowest employee premium cost under this subsection.
(b) 1. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee or
a nonrepresented managerial employee described in s. 111.70 (1)
(mm) 2., who was initially employed by the municipal employer
before July 1, 2011, the same percentage under par. (a) that is
paid by the municipal employer for represented law enforcement
or fire fighting personnel or personnel described in s. 111.70 (1)
(mm) 2. who were initially employed by the municipal employer
before July 1, 2011.
2. A municipal employer shall pay, on behalf of a represented
law enforcement or fire fighting employee, who was initially employed by the municipal employer before July 1, 2011, and who
on or after July 1, 2011, became employed in a nonrepresented
law enforcement or fire fighting managerial position with the
same municipal employer, or a successor municipal employer in
the event of a combined department that is created on or after
July 1, 2011, the same percentage under par. (a) that is paid by the
municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before July 1, 2011.
(8) Every health care coverage plan offered by the state under
sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95,
632.72 (2) , 632.722, 632.729, 632.746 (1) to (8) and (10),
632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853,
632.855, 632.861, 632.867, 632.87 (3) to (6), 632.885, 632.89,
632.895 (5m) and (8) to (17), and 632.896.
(8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95,
632.722, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748,
632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.861,
632.867, 632.885, 632.89, and 632.895 (8) and (11) to (17).
(9) Every health maintenance organization and preferred
provider plan offered by the state under sub. (6) shall comply
with s. 632.87 (2m).
(10) Beginning on July 1, 1988, any eligible employee, as defined in s. 40.02 (25) (b) 11. , may become covered by group
health insurance by electing coverage within 60 days after the
date on which he or she ceases to be a participating employee,
and by paying the cost of the required premiums, as provided in s.
40.05 (4) (ad). Any eligible employee who does not so elect at the
time specified, or who later cancels the insurance, shall not thereafter become insured unless the employee furnishes evidence of
insurability satisfactory to the insurer, at the employee’s expense
or obtains coverage subject to contractual waiting periods, and
pays the cost of the required premiums, as provided in s. 40.05 (4)
(ad). The method of payment shall be specified in the health insurance contract.
(10m) Any eligible employee, as defined in s. 40.02 (25) (b)
6e. and 6g., may become covered under any health care coverage
plan offered under sub. (6), without furnishing evidence of insurability, by submitting to the department, on a form provided by
the department and within 30 days after the date on which the department receives the employee’s application for a retirement annuity or for a lump sum payment under s. 40.25 (1), an election to
obtain the coverage, by obtaining coverage subject to contractual
waiting periods and by paying the cost of the required premiums,
as provided in s. 40.05 (4) (ad).
(11) An eligible state employee who elects insurance coverage with a county under s. 978.12 (6) may not elect coverage under this section.
(12) Every defined network plan, as defined in s. 609.01 (1b),

and every limited service health organization, as defined in s.
609.01 (3), that is offered by the state under sub. (6) shall comply
with ch. 609.
(13) Every defined network plan, as defined in s. 609.01 (1b),
and every limited service health organization, as defined in s.
609.01 (3), that is offered by the group insurance board under
sub. (7) shall comply with ch. 609.
(16) Beginning on the date specified by the department, but
not earlier than March 20, 1992, and not later than July 1, 1992,
any eligible employee, as defined in s. 40.02 (25) (b) 6m. , may
elect coverage under any health care coverage plan offered under
sub. (6) by furnishing, at the employee’s expense, evidence of insurability satisfactory to the insurer or by obtaining coverage subject to contractual waiting periods, and by paying the cost of the
required premiums, as provided in s. 40.05 (4) (ad). The method
to be used shall be specified in the health insurance contract.

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