reglab/housing_qa huggingface dataset:
WI Stat § 646.325 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 646 - Insurance security fund.|646.325 - Recovery of amounts paid to 3rd parties.

646.325  Recovery of amounts paid to 3rd parties. (1) Definition. In this section, “net worth" means the amount of an insured's total assets less the insured's total liabilities at the end of the insured's fiscal year immediately preceding the date the liquidation order was entered, as shown on the insured's audited financial statement or other substantiated financial information acceptable to the fund in its sole discretion. “Net worth" includes the consolidated net worth of all of the corporate affiliates, subsidiaries, operating divisions, holding companies, parent entities, and, if the insured is privately owned, natural persons who have an ownership interest, shown as insureds or additional insureds on the policy issued by the insurer. If the insured is a natural person, “net worth" means the insured's total assets less the insured's total liabilities on December 31 immediately preceding the date the liquidation order was entered. (2)  Recovery from certain insureds and affiliates. Except as provided in sub. (3), the fund may recover from a person the costs and expenses incurred in defending a claim against the person by a 3rd party and the amount of any claim paid on behalf of the person to a 3rd party, if all of the following conditions are satisfied:(a) The person on whose behalf the claim was defended or paid is any of the following:1. An insured whose net worth exceeds $25,000,000. 2. An affiliate of the insurer in liquidation.(b) Adjudication of the claim resulted in no liability obligation on the person to pay the claim of the 3rd party or payment of the claim satisfied all or part of the person's liability obligations to 3rd parties.  (3)  Limitation. The total amount recovered from an insured described in sub. (2) (a) 1. plus the amount of the insured's claims that satisfy s. 646.31 (1) to (7), (9) and (9m) but are not eligible for payment under s. 646.31 (12) may not exceed 10 percent of the insured's net worth. (4)  Costs and fees. In addition to recovery under sub. (2), the fund may recover reasonable attorney fees, disbursements, and all other actual costs expended in pursuing recovery under sub. (2), plus interest calculated at the legal rate under s. 138.04, which shall begin to accrue on all amounts not paid within 30 days after the date of the fund's written notification to the insured of the amount due. History:  1987 a. 325; 2003 a. 261; 2009 a. 342.
WI Stat § 646.41 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 646 - Insurance security fund.|646.41 - Tax exemption.

646.41  Tax exemption. The fund is exempt from payment of all fees and taxes levied by this state or any of its subdivisions or instrumentalities, except for fees and taxes levied by virtue of employment under s. 646.12 (2) (d).History:  1979 c. 109.
WI Stat § 646.60 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 646 - Insurance security fund.|646.60 - Claims by security funds.

646.60  Claims by security funds. (1) Recognition. (a) Settlements by the fund. The liquidator is bound by determinations and settlements of covered loss claims, and by payments of claims, made by the fund under this chapter.(b)  Settlements by comparable funds. The liquidator is bound by determinations and settlements of covered loss claims, and by payments of claims, made by funds or organizations of other states that are comparable to the fund under this chapter if all of the following apply: 1. The laws of the other states give equivalent recognition to the determinations and settlements of loss claims, and to payments of claims, made by the fund. 2. If the same claim is reported as paid by 2 or more funds, payment shall be to the fund with a prior obligation under s. 646.31 (9).  (2)  Priorities. The subrogation claims of funds under sub. (1) for settlements of claims, including expenses in settling them, have the priority the claims would have under s. 645.68.History:  1979 c. 109; 1999 a. 30; 2003 a. 261.
WI Stat § 646.61 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 646 - Insurance security fund.|646.61 - Disposal and transfer of assets.

646.61  Disposal and transfer of assets. (1) After termination of all liquidations under any account of s. 646.11 (2), remaining assets in that account shall be redistributed among those who paid assessments under rules promulgated to ensure treatment that is as equitable to the contributing insurers as is practicable. Partial distributions may be made to insurers who were assessed after all claims against the fund arising from such liquidations have been paid. (2) To meet the needs of the fund the fund may temporarily transfer assets from one account to another.History:  1979 c. 109; 1983 a. 120; 2003 a. 261.
WI Stat § 647.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 647 - Continuing care contracts.|647.01 - Definitions.

647.01  Definitions. In this chapter: (2) “Continuing care contract" means a contract entered into on or after January 1, 1985, to provide nursing services, medical services or personal care services, in addition to maintenance services, for the duration of a person's life or for a term in excess of one year, conditioned upon any of the following payments:(a) An entrance fee in excess of $10,000.(b) Providing for the transfer of at least $10,000 if the amount is expressed in dollars or 50 percent of the person's estate if the amount is expressed as a percentage of the person's estate to the service provider upon the person's death. (3) “Entrance fee" means an initial or deferred transfer to a provider of a sum of money or other property, made or promised to be made by a person entering into a continuing care contract, that guarantees a person services under a continuing care contract. (4) “Facility" means one or more places in which a provider undertakes to provide a person with nursing services, medical services or personal care services, in addition to maintenance services, under a continuing care contract. (5) “Maintenance services" means food, shelter and laundry services. (6) “Medical services" means those services pertaining to medical or dental care that are performed on behalf of patients by or at the direction of a physician licensed under ch. 448 or a dentist licensed under ch. 447. (7) “Nursing services" means those services pertaining to the curative, restorative and preventive aspects of nursing care that are performed by or under the supervision of a nurse licensed under ch. 441, but does not include nursing services provided only on an emergency basis. (8) “Personal care services" means assistance with meals, dressing, movement, bathing or other personal needs or maintenance, or other direct supervision and oversight of the physical and mental well-being of a person. (9) “Provider" means a person who provides services under a continuing care contract. (10) “Refund schedule" means a schedule of the varying amounts of an entrance fee that are refundable during specified periods of time. (11) “Resident" means a person who resides in a facility.History:  1983 a. 358; 1987 a. 264; 1989 a. 187.
WI Stat § 647.02 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 647 - Continuing care contracts.|647.02 - Permits.

647.02  Permits. (1) No person may enter into a continuing care contract as a provider unless the person obtains a permit from the commissioner. (2) The commissioner shall issue a permit to each applicant who has met all requirements of law and satisfies the commissioner that its methods and practices and the character and value of its assets will adequately safeguard the interests of its residents and the public, and who submits all of the following:(a) An application, in the manner required by the commissioner, signed by the applicant; or, if the applicant is a corporation, by the chief executive officer of the applicant; or, if the applicant is a limited liability company, by a member or manager.(b) The fee required under s. 601.31.(c) A copy of the proposed form of the continuing care contract to be entered into with residents.(d) Audited financial statements for the most recent fiscal year of the applicant including an income statement, a balance sheet and accompanying notes, all prepared in accordance with generally accepted accounting principles on a basis consistent with prior years.(e) A copy of the applicant's schedule of entrance and other fees.(f) A copy of the applicant's refund schedule.(g) The figure to be used by the provider as the actual or projected length of a resident's stay in the facility in the formula in the contract provision required under s. 647.05 (1m) (i) and supporting information showing how the figure was determined.(h) A list of each administrative, civil or criminal action, order and proceeding to which the applicant or any of the applicant's directors or principal officers have been subjected during the preceding 5 years due to an alleged violation of any state or federal law, regulation or rule, if any of the following occurs:1. The alleged violation constitutes a felony; or2. The alleged violation relates to the finances of a continuing care facility, a retirement community or a nursing home in any jurisdiction.(i) If the applicant has acted as a provider for fewer than 5 years, a detailed history and a projection of the operating results anticipated at the end of the first 5 years of operation based on available data or, if data are unavailable, on reasonable assumptions of entrance fees and other income, operating expenses and acquisition costs.(j) Any other information the commissioner reasonably requires by rule. (3) Permits issued under this section are not transferable. If a facility is transferred to any person who seeks to act as a provider, the person shall comply with the requirements specified in sub. (2) in order to receive a permit as a provider. A permit issued under this section remains in effect until revoked, after a hearing, upon written findings of fact by the commissioner that any of the following has occurred:(a) The provider has violated any applicable law, rule or order.(b) The facility has been placed in receivership or liquidation under s. 647.06 (1).History:  1983 a. 358; 1993 a. 112; 2007 a. 20.
WI Stat § 647.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 647 - Continuing care contracts.|647.03 - Powers and duties of the commissioner.

647.03  Powers and duties of the commissioner. The commissioner may: (1) Promulgate rules that the commissioner finds are necessary to carry out the intent of this chapter. (2) Use the authority granted under s. 601.41 (4) to ensure that a provider has sufficient financial resources to meet the needs of that provider and to meet the terms of its continuing care contracts and other obligations.History:  1983 a. 358.
WI Stat § 647.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 647 - Continuing care contracts.|647.05 - Continuing care contract provisions.

647.05  Continuing care contract provisions. (1m) A provider may not enter into a continuing care contract unless the contract:(a) Is coherent, written in commonly understood language, legible, appropriately divided and captioned and presented in a meaningful manner. Each provider shall submit to the commissioner a copy of the form of the continuing care contract within 30 days after any change is made in that continuing care contract.(b) Specifies what services are provided to the resident under the continuing care contract and what services are provided at an additional cost to the resident.(c) Contains information about the status of a resident's claim against the facility's assets if the facility were to be liquidated.(d) Includes a refund schedule.(e) Specifies the circumstances and consequences of termination of the contract by either the provider or the resident.(f) Provides that if a resident dies or the continuing care contract is terminated prior to occupancy or within the first 30 days after occupancy, the provider will refund at least the entrance fee less the cost of any reasonable refurbishing and less the cost of any care actually received by the resident that was not included in other charges by the provider.(g) Provides that if a resident dies or the continuing care contract is terminated after the first 30 days of occupancy, but within the first 90 days of occupancy, the provider will refund at least 90 percent of the amount computed under par. (f).(h) Provides that if the resident terminates the continuing care contract after the first 90 days of occupancy, the provider will refund to the resident a portion of the resident's entrance fee that is no less than the amount of refund indicated on the refund schedule that is in effect under the terms of the resident's continuing care contract.(i) Provides that if the provider terminates the continuing care contract after the first 90 days of occupancy for reasons other than willful violation of the continuing care contract by the resident, the provider will refund to the resident a portion of the resident's entrance fee that is no less than the amount determined by subtracting the quotient of the resident's actual length of stay divided by the actual or projected average length of stay of residents in the facility from 1.0 and multiplying the result obtained by the resident's entrance fee, as those figures are specified in the resident's continuing care contract. This subsection does not apply if the provider terminates the continuing care contract because of the death of the resident. (2m) Subject to s. 49.455, a continuing care contract may require that, before a resident applies for medical assistance, the resident must spend on his or her care the resources declared for purposes of admission to the facility.History:  1983 a. 358; 2007 a. 20.
WI Stat § 647.06 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 647 - Continuing care contracts.|647.06 - Receivership or liquidation.

647.06  Receivership or liquidation. (1) A petition for appointment of a receiver or liquidator for a facility may be filed by a resident, a resident's guardian or the commissioner in the circuit court for the county in which the facility is located. If the court determines, after notice to the provider and a hearing, that a provider is not able to meet the terms of its continuing care contracts and other obligations, the court may appoint a receiver or liquidator and may set forth the powers, duties, compensation and liabilities of the receiver or liquidator. (2) Any provider who voluntarily seeks to liquidate a facility shall notify the commissioner in advance.History:  1983 a. 358.
WI Stat § 647.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 647 - Continuing care contracts.|647.07 - Penalties.

647.07  Penalties. Any provider who intentionally violates this chapter or rules promulgated under this chapter or who submits an application for a permit under s. 647.02 that intentionally contains a misstatement of fact is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months or both.History:  1983 a. 358.
WI Stat § 647.08 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 647 - Continuing care contracts.|647.08 - Inapplicable.

647.08  Inapplicable. This chapter does not apply to a provider that operates a facility that is created by and operated in accordance with a will and that is under the continuing supervision of a circuit court.History:  1983 a. 358.
WI Stat § 648.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 648 - Regulation of care management organizations.|648.01 - Definitions.

648.01  Definitions. In this chapter: (1) “Care management organization" means an entity described in s. 46.284 (3m). (2) “Department" means the department of health services. (3) “Enrollee" has the meaning given in s. 46.2805 (3). (4) “Permittee" means a care management organization issued a permit under this chapter.History:  2009 a. 28.
WI Stat § 648.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 648 - Regulation of care management organizations.|648.03 - Applicability of other laws.

648.03  Applicability of other laws. Notwithstanding s. 600.01 (1) (b) 10. a., ss. 600.01, 600.02, 600.03, and 600.12 apply to this chapter.History:  2009 a. 28.
WI Stat § 648.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 648 - Regulation of care management organizations.|648.05 - Permit.

648.05  Permit. (1) Permit required. After December 31, 2009, no care management organization may provide services to its enrollees without a permit under this chapter. (2)  Application. A care management organization applying for a permit shall submit all of the following information in the format required by the commissioner:(a) The names, addresses and occupations of all controlling persons and directors and principal officers of the care management organization currently and for the preceding 10 years, unless the commissioner waives this requirement.(b) Business organization documents, including articles and bylaws if applicable.(c) A business plan approved by the department, including a projection of the anticipated operating results at the end of each of the next 3 years of operation, based on reasonable estimates of income and operating expenses.(d) Any other relevant documents or information that the commissioner reasonably requires after consulting with the department. (3)  Standards for issuing permit. The commissioner may issue a permit to the care management organization if the commissioner finds, after consulting with the department, all of the following:(a) All requirements of law have been met.(b) All the directors and principal officers or any controlling person are trustworthy and competent and collectively have the competence and experience to engage in the proposed services and are not excluded from participation under 42 USC 1320a-7 or 42 USC 1320a-7a.(c) The business plan is consistent with the interests of the care management organization's enrollees and the public. (4)  Suspension or revocation. The commissioner may suspend or revoke a permit issued under this chapter if the commissioner finds, after consulting with the department, any of the following:(a) The permittee violated a law or rule, including a rule establishing standards for the financial condition of care management organizations.(b) The permittee is in a financially hazardous condition.(c) The permittee is controlled or managed by persons who are incompetent or untrustworthy.(d) The permittee conceals records from the commissioner.(e) The permittee's business plan is not in the public interest or is not prudent.(f) The permittee ceases to be certified by or maintain a contract with the department.History:  2009 a. 28.
WI Stat § 648.10 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 648 - Regulation of care management organizations.|648.10 - Powers and duties of the commissioner.

648.10  Powers and duties of the commissioner. The commissioner may do any of the following: (1) Promulgate rules that are necessary to carry out the intent of this chapter, including, after consulting with the department, standards for the financial condition of care management organizations. (2) Use the authority granted under ss. 601.41, 601.42, 601.43, 601.44, 601.61, 601.62, 601.63, and 601.64, including the authority to issue orders, to enforce this chapter and to ensure that a care management organization has sufficient financial resources.History:  2009 a. 28.
WI Stat § 648.15 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 648 - Regulation of care management organizations.|648.15 - Reports and replies.

648.15  Reports and replies. (1) Reports. The commissioner may require from any care management organization any of the following:(a) Statements, reports, answers to questionnaires, and other information in whatever reasonable form the commissioner designates and at such reasonable intervals as the commissioner chooses, or from time to time.(b) Full explanation of the programming of any data storage or communication system in use.(c) Information from any books, records, electronic data processing systems, computers, or any other information storage system at any reasonable time in any reasonable manner.(d) Statements, reports, audits, or certification from a certified public accountant or an actuary approved by the commissioner. (2)  Forms. The commissioner, after consulting with the department, may prescribe forms for the reports under sub. (1) and specify who shall execute or certify such reports. (3)  Accounting methods. The commissioner, after consulting with the department, may prescribe reasonable minimum standards and techniques of accounting and data handling to ensure that timely and reliable information will exist and will be available to the commissioner. (4)  Replies. Any officer or manager of a care management organization, any person controlling or having a contract under which the person has a right to control a care management organization, whether exclusively or otherwise, or any person with executive authority over or in charge of any segment of such a care management organization's affairs, shall reply promptly in writing or in another designated form, to any written inquiry from the commissioner requesting a reply. (5)  Verification. The commissioner may require that any communication made to the commissioner under this section be verified. (6)  Immunity. In the absence of actual malice, no person shall be subject to damages in an action for defamation based on a communication to the commissioner required by law under this chapter or by the commissioner under this chapter. (7)  Experts. The commissioner may employ experts to assist the commissioner in an examination or in the review of any transaction subject to approval under this chapter. The care management organization that is the subject of the examination, or that is a party to a transaction under review, including the person acquiring, controlling, or attempting to acquire the care management organization, shall pay the reasonable costs incurred by the commissioner for the expert and related expenses.History:  2009 a. 28.