reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 Wisconsin Statutes & Annotations › Chapter 648 - Regulation of care management organizations. › 648.20 - Examinations.

648.20
Examinations.
(1)
Power to examine.
(a)
To inform himself or herself about a matter related to the enforcement of this chapter, the commissioner may examine the affairs and condition of any permittee.
(b)
So far as reasonably necessary for an examination under par. (a), the commissioner may examine the accounts, records, or documents so far as they relate to the permittee, of any of the following:
1.
An officer, manager, employee, or person who has executive authority over or is in charge of any segment of the permittee's affairs.
2.
A person controlling or having a contract under which the person has the right to control the permittee whether exclusively or with others.
3.
A person who is under the control of the permittee, or a person who is under the control of a person who controls or has a right to control the permittee whether exclusively or with others.
(c)
On demand, every permittee shall make available to the commissioner for examination any of its own accounts, records, documents, or evidences of transactions.
(d)
On order of the commissioner any examinee under this chapter shall bring to the office for examination such records as the order reasonably requires.
(2)
Audits or actuarial or other evaluations. In lieu of all or part of an examination under sub. (1), or in addition to it, the commissioner may order an independent audit by certified public accountants or an actuarial or other evaluation by actuaries or other experts approved by the commissioner of any permittee. Any accountant, actuary, or other expert selected is subject to rules respecting conflicts of interest promulgated by the commissioner. Any audit or evaluation under this section is subject to s. 648.25, so far as applicable.
(3)
Alternatives to examination. In lieu of all or part of an examination under this section, the commissioner may accept the report of an audit already made by certified public accountants or of an actuarial or other evaluation already made by actuaries or other experts approved by the commissioner, or the report of an examination made by another government agency in this state, the federal government, or another state.
(4)
Purpose and scope of examination. An examination may but need not cover comprehensively all aspects of the permittee's affairs and condition. The commissioner shall determine the exact nature and scope of each examination, and in doing so shall take into account all relevant factors, including the length of time the permittee has been doing business, the length of time the permittee has been certified by the department, the nature of the business being examined, the nature of the accounting records available, and the nature of examinations performed elsewhere.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 648 - Regulation of care management organizations. › 648.25 - Conducting examinations.

648.25
Conducting examinations.
(1)
Order of examination. For each examination under s. 648.20, the commissioner shall issue an order stating the scope of the examination and designating the examiner in charge. Upon demand, a copy of the order shall be provided to the examinee.
(2)
Access to examinee. Any examiner authorized by the commissioner shall, for the purposes of the examination, have access at all reasonable hours to the premises and to any property of the examinee.
(3)
Cooperation. The officers, employees, and agents of the examinee shall comply with every reasonable request of the examiners for assistance in any matter relating to the examination. No person may obstruct or interfere with the examination in any way other than by legal process.
(4)
Correction of books. If the commissioner finds the accounts or records to be inadequate for proper examination of the condition and affairs of the permittee or improperly kept or posted, the commissioner may employ experts to rewrite, post, or balance them at the expense of the permittee.
(5)
Report on examination. The examiner in charge of an examination shall make a proposed report of the examination, including information and analysis ordered in sub. (1), together with the examiner's recommendations. Preparation of the proposed report may include conferences with the examinee or the examinee's representatives at the option of the examiner in charge. The commissioner shall serve the final examination report on the examinee.
(6)
Copies for board. The permittee shall furnish copies of the final examination report to each member of its board or governing body.
(7)
Report as evidence. In any proceeding by or against the permittee or any officer or agent of the permittee the final examination report shall be admissible as evidence of the facts stated in the report. In any proceeding commenced under this chapter, the final examination report shall be admissible as evidence of the facts stated in the report. In any proceeding by or against the examinee, the facts asserted in any final examination report properly admitted in evidence shall be presumed to be true in the absence of contrary evidence.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 648 - Regulation of care management organizations. › 648.27 - Costs.

648.27
Costs.
(1)
Costs to be paid by care management organizations. Permittees shall pay the reasonable estimate of costs of examinations under s. 648.20, of review of applications under s. 648.05, and of analysis and financial monitoring of care management organizations by the commissioner and the department, including overhead and fixed costs, by a system of regular annual billings.
(2)
Determination of costs. Annually, the commissioner shall determine the estimated costs under sub. (1) for the commissioner and the department. The commissioner shall serve a request for payment on each permittee allocating the cost to each permittee in an amount that the commissioner determines reflects the permittee's proportionate share of projected enrollment in the department's annual contracting period.
(3)
Payment deadline. The permittee shall pay the amount determined by the commissioner within 30 days of service of the request for payment under sub. (2).
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 648 - Regulation of care management organizations. › 648.30 - Nondisclosure of information.

648.30
Nondisclosure of information.
(1)
Types of information. The office may refuse to disclose and may prevent any other person from disclosing any of the following:
(a)
Testimony, reports, records, and information that are obtained, produced, or created in the course of an inquiry under s. 648.15.
(b)
Testimony, reports, records, and information that are obtained, produced, or created in the course of an examination under s. 648.20.
(c)
Testimony, reports, records, communications, and information that are obtained by the office from, or provided by the office to, any of the following, under a pledge of confidentiality or for the purpose of assisting or participating in monitoring activities or in the conduct of any inquiry, investigation, or examination:
1.
The National Association of Insurance Commissioners.
2.
An agent or employee of the National Association of Insurance Commissioners.
3.
The insurance commissioner of another state.
4.
An agent or employee of the insurance commissioner of another state.
5.
An international, federal, state, or local regulatory or law enforcement agency, including the department.
6.
An agent or employee of an agency described in subd. 5.
(2)
Waiver and applicability of the privilege. Section 601.465 (2m) (a) to (d) applies to the privilege under sub. (1).
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 648 - Regulation of care management organizations. › 648.50 - Management changes.

648.50
Management changes.
(1)
Approval required. No proposed plan of merger or other plan for acquisition of control of a permittee may be executed unless the commissioner, after consulting with the department, approves the plan.
(2)
Grounds for approval. The commissioner shall approve the plan under this section if the commissioner finds, after a hearing, that it would not violate the law or be contrary to the interests of the public, the department, or the enrollees.
(3)
Information required. A permittee shall report to the commissioner any changes in directors or principal officers after a permit is issued, together with biographical data on the new director or officer that the commissioner requires by rule.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 648 - Regulation of care management organizations. › 648.55 - Commissioner's summary orders.

648.55
Commissioner's summary orders.
(1)
The commissioner, after consulting with the department, may make and serve an order on a permittee, requiring it to stop providing services under the department contract, or to take corrective measures, without notice and before hearing, if it appears to the commissioner that irreparable harm to the property or business of the permittee or to the interests of its enrollees or the public, will occur unless the commissioner acts with immediate effect and one of the following applies:
(a)
The permittee is not in compliance with a rule establishing standards for the financial condition of care management organizations.
(b)
Grounds exist to suspend or revoke the permittee's permit.
(2)
An order issued under this subsection is effective immediately.
(3)
The permittee has the rights provided under s. 601.62. The commissioner may serve upon the permittee notice of hearing under the procedures under s. 601.62 simultaneously with service of the order under sub. (1).
(4)
The commissioner may keep proceedings under this section confidential.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 648 - Regulation of care management organizations. › 648.65 - Enrollee immunity.

648.65
Enrollee immunity.
(1)
Immunity. An enrollee of a care management organization is not liable for health care, service, equipment, or supply charges that are covered under the care management organization's contract with the department.
(2)
Prohibited recovery attempts. No person may bill, charge, collect a deposit from, seek compensation from, file or threaten to file with a credit reporting agency with respect to, or have any recourse against an enrollee or any person acting on the enrollee's behalf, for any health care, service, equipment, or supply charges for which the enrollee or person acting on his or her behalf is not liable under sub. (1).
(3)
Immunity not affected. The immunity of an enrollee under subs. (1) and (2) is not affected by any of the following:
(a)
A breach or default on an agreement by the care management organization or the failure of any person to compensate the provider.
(b)
The insolvency of the care management organization or any person contracting with the care management organization or the commencement or the existence of conditions permitting the commencement of insolvency, delinquency, or bankruptcy proceedings involving the care management organization or other person, regardless of whether the care management organization or other person has agreed to compensate, directly or indirectly, the provider for health care, services, equipment, or supplies for which the enrollee is not liable under sub. (1)
(c)
The inability of the provider or other person who is owed compensation for health care, services, equipment, or supplies to obtain compensation from the care management organization.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 648 - Regulation of care management organizations. › 648.75 - Insolvency funding.

648.75
Insolvency funding.
(1)
Deposit required. A permittee shall deposit an amount established by the contract with the department, and not less than $250,000, using the procedures under s. 601.13.
(2)
Release of deposit. A deposit under this section may be released only with the approval of the commissioner, after consulting with the department, by the procedures under s. 601.13 (10) and only in one of the following circumstances:
(a)
To pay an assessment under sub. (3).
(b)
To pay creditors of the permittee according to the priority determined by the department if the permittee is insolvent, dissolves, or is subject to an insolvency proceeding, including a bankruptcy proceeding.
(3)
Assessment. The department may assess an amount from each permittee's deposit for the purpose of funding arrangements for, or to pay expenses related to, services for enrollees of an insolvent or financially hazardous permittee. The department's assessment shall be allocated to each permittee's deposit in an amount that reflects the permittee's proportionate share of projected enrollment in the department's annual contracting period. The commissioner may authorize release, and the department of administration shall pay to the department the assessed amount for the purposes of this subsection.
(4)
Restoration. A permittee shall restore its deposit that is subject to an assessment under sub. (3) within 30 days after the assessment, unless the office, after consulting with the department, authorizes a longer period, which shall not exceed 2 years.
(5)
Recovery. The department may recover, and may file a claim or bring civil action to recover, from the insolvent or financially hazardous permittee any amount that the department assesses and pays under sub. (3). Any amount recovered shall be restored to each permittee's deposit in the same proportion as the assessment.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.003 - Exemptions for public employees and facilities and volunteers.

655.003
Exemptions for public employees and facilities and volunteers.
Except as provided in s. 655.002 (1) (c), this chapter does not apply to a health care provider that is any of the following:
(1)
A physician or a nurse anesthetist who is a state, county or municipal employee, or federal employee or contractor covered under the federal tort claims act, as amended, and who is acting within the scope of his or her employment or contractual duties.
(2)
A facility that is exempt under s. 50.39 (3) or operated by any governmental agency.
(3)
Except for a physician or nurse anesthetist who meets the criteria under s. 146.89 (5) (a), a physician or a nurse anesthetist who provides professional services under the conditions described in s. 146.89, with respect to those professional services provided by the physician or nurse anesthetist for which he or she is covered by s. 165.25 and considered an agent of the department, as provided in s. 165.25 (6) (b).
History:  1989 a. 187, 206; 1991 a. 214; 2013 a. 241.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.004 - Rule-making authority.

655.004
Rule-making authority.
The director of state courts, department and commissioner may promulgate such rules under ch. 227 as are necessary to enable them to perform their responsibilities under this chapter.
History:  1975 c. 37; Sup. Ct. Order, 88 Wis. 2d xiii (1979); 1987 a. 27; Stats. 1987 s. 655.004; 1989 a. 187 s. 28.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.005 - Health care provider employees.

655.005
Health care provider employees.
(1)
Any person listed in s. 655.007 having a claim or a derivative claim against a health care provider or an employee of the health care provider, for damages for bodily injury or death due to acts or omissions of the employee of the health care provider acting within the scope of his or her employment and providing health care services, is subject to this chapter.
(2)
The fund shall provide coverage, under s. 655.27, for claims against the health care provider or the employee of the health care provider due to the acts or omissions of the employee acting within the scope of his or her employment and providing health care services. This subsection does not apply to any of the following:
(a)
An employee of a health care provider if the employee is a physician or a nurse anesthetist or is a health care practitioner who is providing health care services that are not in collaboration with a physician under s. 441.15 (2) (b) or under the direction and supervision of a physician or nurse anesthetist.
(b)
A service corporation organized under s. 180.1903 by health care professionals, as defined under s. 180.1901 (1m), if the board of governors determines that it is not the primary purpose of the service corporation to provide the medical services of physicians or nurse anesthetists. The board of governors may not determine under this paragraph that it is not the primary purpose of a service corporation to provide the medical services of physicians or nurse anesthetists unless more than 50 percent of the shareholders of the service corporation are neither physicians nor nurse anesthetists.
(2t)
Subsection (2) does not affect the liability of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) for the acts of its employees.
History:  1985 a. 340; 1987 a. 27; Stats. 1987 s. 655.005; 1989 a. 187; 1991 a. 214; 1993 a. 473; 1995 a. 167; 2001 a. 52; 2005 a. 36.
Although not a health care provider, because an unlicensed first-year resident physician was a borrowed employee of the hospital where the resident allegedly performed negligent acts, the relation of employer and employee existed between the resident and hospital, and accordingly, the resident was an employee of a health care provider within the meaning of this chapter and s. 893.55 (4). Phelps v. Physicians Insurance Co. of Wisconsin, 2009 WI 74, 319 Wis. 2d 1, 768 N.W.2d 615, 06-2599.
This chapter does not permit claims other than those listed in sub. (1) and s. 655.007. Because this chapter exclusively governs all claims arising out of medical malpractice against health care providers and their employees, and because the legislature did not include bystander claims in sub. (1) or s. 655.007, negligent infliction of emotional distress claims arising out of medical malpractice are not actionable under Wisconsin law. Phelps v. Physicians Insurance Co. of Wisconsin, 2009 WI 74, 319 Wis. 2d 1, 768 N.W.2d 615, 06-2599.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.006 - Remedy.

655.006
Remedy.
(1)
(a)
On and after July 24, 1975, every patient, every patient's representative and every health care provider shall be conclusively presumed to have accepted to be bound by this chapter.
(b)
Except as otherwise specifically provided in this chapter, this subsection also applies to minors.
(2)
This chapter does not apply to injuries or death occurring, or services rendered, prior to July 24, 1975.
History:  1975 c. 37; 1987 a. 27; Stats. 1987 s. 655.006.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.009 - Actions against health care providers.

655.009
Actions against health care providers.
An action to recover damages on account of malpractice shall comply with the following:
(1)
Complaint. The complaint in such action shall not specify the amount of money to which the plaintiff supposes to be entitled.
(2)
Medical expense payments. The court or jury, whichever is applicable, shall determine the amounts of medical expense payments previously incurred and for future medical expense payments.
(3)
Venue. Venue in a court action under this chapter is in the county where the claimant resides if the claimant is a resident of this state, or in a county specified in s. 801.50 (2) (a) or (c) if the claimant is not a resident of this state.
History:  1975 c. 37, 198, 199; 1983 a. 253; 1985 a. 340.
Discretionary changes of venue under s. 801.52 are applicable to actions under this chapter. Hoffman v. Memorial Hospital of Iowa County, 196 Wis. 2d 505, 538 N.W.2d 627 (Ct. App. 1995), 94-2490.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.01 - Forms.

655.01
Forms.
The director of state courts shall prepare and cause to be printed, and upon request furnish free of charge, such forms and materials as the director deems necessary to facilitate or promote the efficient administration of this chapter.
History:  1975 c. 37, 199; Sup. Ct. Order, 88 Wis. 2d xiii (1979); 1989 a. 187 s. 28.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.013 - Attorney fees.

655.013
Attorney fees.
(1)
With respect to any act of malpractice after July 24, 1975, for which a contingency fee arrangement has been entered into before June 14, 1986, the compensation determined on a contingency basis and payable to all attorneys acting for one or more plaintiffs or claimants is subject to the following unless a new contingency fee arrangement is entered into that complies with subs. (1m) and (1t):
(a)
The determination shall not reflect amounts previously paid for medical expenses by the health care provider or the provider's insurer.
(b)
The determination shall not reflect payments for future medical expense in excess of $25,000.
(1m)
Except as provided in sub. (1t), with respect to any act of malpractice for which a contingency fee arrangement is entered into on and after June 14, 1986, in addition to compensation for the reasonable costs of prosecution of the claim, the compensation determined on a contingency basis and payable to all attorneys acting for one or more plaintiffs or claimants is subject to the following limitations:
(a)
Except as provided in par. (b), 33 1/3 percent of the first $1,000,000 recovered.
(b)
Twenty-five percent of the first $1,000,000 recovered if liability is stipulated within 180 days after the date of filing of the original complaint and not later than 60 days before the first day of trial.
(c)
Twenty percent of any amount in excess of $1,000,000 recovered.
(1t)
A court may approve attorney fees in excess of the limitations under sub. (1m) upon a showing of exceptional circumstances, including an appeal.
(2)
An attorney shall offer to charge any client in a malpractice proceeding or action on a per diem or per hour basis. Any such agreement shall be made at the time of the employment of the attorney. An attorney's fee on a per diem or per hour basis is not subject to the limitations under sub. (1) or (1m).
History:  1975 c. 37, 199; 1985 a. 340.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.015 - Future medical expenses.

655.015
Future medical expenses.
If a settlement or judgment under this chapter resulting from an act or omission that occurred on or after May 25, 1995, provides for future medical expense payments in excess of $100,000, that portion of future medical expense payments in excess of an amount equal to $100,000 plus an amount sufficient to pay the costs of collection attributable to the future medical expense payments, including attorney fees reduced to present value, shall be paid into the fund. The commissioner shall develop by rule a system for managing and disbursing those moneys through payments for these expenses, which shall include a provision for the creation of a separate accounting for each claimant's payments and for crediting each claimant's account with a proportionate share of any interest earned by the fund, based on that account's proportionate share of the fund. The commissioner shall promulgate a rule specifying the criteria that shall be used to determine the medical expenses related to the settlement or judgment, taking into consideration developments in the provision of health care. The payments shall be made under the system until either the account is exhausted or the patient dies.
History:  1975 c. 37; 1977 c. 29; 1979 c. 34, 154; 1983 a. 158; 1985 a. 340; 1991 a. 214; 1995 a. 10.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.016 - Claim by minor sibling for loss of society and companionship.

655.016
Claim by minor sibling for loss of society and companionship.
Subject to s. 655.017, a sibling of a person who dies as a result of malpractice has a cause of action for damages for loss of society and companionship if the sibling was a minor at the time of the deceased sibling's death. This section does not affect any other claim available under this chapter.
History:  1997 a. 89.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.017 - Limitation on noneconomic damages.

655.017
Limitation on noneconomic damages.
The amount of noneconomic damages recoverable by a claimant or plaintiff under this chapter for acts or omissions of a health care provider if the act or omission occurs on or after April 6, 2006, and for acts or omissions of an employee of a health care provider, acting within the scope of his or her employment and providing health care services, for acts or omissions occurring on or after April 6, 2006, is subject to the limits under s. 893.55 (4) (d) and (f).
History:  1985 a. 340; 1995 a. 10; 2005 a. 183.
A mother who suffers the stillbirth of her infant as a result of medical malpractice has a personal injury claim involving negligent infliction of emotional distress, which includes the distress arising from the injuries and stillbirth of her daughter, in addition to her derivative claim for wrongful death of the infant. That the sources of the mother's emotional injuries cannot be segregated does not mean that there is a single claim of medical malpractice subject to the single cap for noneconomic damages. Pierce v. Physicians Insurance Co. of Wisconsin, 2005 WI 14, 278 Wis. 2d 82, 692 N.W.2d 558, 01-2710.
Non-Economic-Damage Award Caps in Wisconsin: Why Ferdon Was (Almost) Right and the Law Is Wrong. Stutz. 2009 WLR 105.
Tort Reform: It's Not About Victims...It's About Lawyers. Scoptur. Wis. Law. June 1995.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.019 - Information needed to set fees.

655.019
Information needed to set fees.
The department shall provide the director of state courts, the commissioner and the board of governors with information on hospital bed capacity and occupancy rates as needed to set fees under s. 655.27 (3) or 655.61.
History:  1985 a. 340; 1989 a. 187 s. 28; 1991 a. 214.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.245 - Insurance policy limitations.

655.245
Insurance policy limitations.
(1)
No policy of health care liability insurance may permit a health care provider to reject any settlement agreed upon between the claimant and the insurer.
(2)
A policy of health care liability insurance may permit the insurer to make payments for medical expenses prior to any determination of fault. Such payments are not an admission of fault. Such payments may be deducted from any judgment or arbitration award, but shall not be repaid regardless of the judgment or award. Nothing in this subsection shall restrict the insurer's right of comparative contribution or indemnity in accordance with the laws of this state.
History:  1975 c. 37.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.25 - Availability and effectiveness for health care liability insurance.

655.25
Availability and effectiveness for health care liability insurance.
No policy of health care liability insurance written under the provisions of s. 619.04 may be canceled or nonrenewed except for nonpayment of premiums unless the health care provider's license is revoked by the appropriate licensing board. A health care provider whose license is revoked shall be permitted to buy out in cases of a claims-made policy.
History:  1975 c. 37; 1995 a. 85.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.26 - Reports on claims paid.

655.26
Reports on claims paid.
(1)
In addition to any information required by the commissioner under s. 601.42, by the 15th day of each month, each insurer that writes health care liability insurance in this state and each self-insurer approved under s. 655.23 (3) (a) shall report the following information to the medical examining board and the board of governors on each claim paid during the previous month for damages arising out of the rendering of health care services:
(a)
The name and address of the policyholder or self-insured entity and the name and address of any individual on whose behalf the claim was paid.
(b)
The profession of the individual or the type of facility or entity on whose behalf the claim was paid.
(c)
The health care provider's medical specialty, if the provider is a physician.
(d)
A description of the injury, including its cause and severity.
(e)
Whether the claim was paid as a result of a settlement, a patients compensation panel award or a court award.
(f)
The amount of the payment.
(g)
The number and amounts of any previous claims paid by the insurer or self-insurer for damages arising out of the rendering of health care services by the insured, the self-insurer or the employees of the insured or self-insurer. Only claims paid on or after July 20, 1985, are required to be reported under this paragraph.
(h)
Any additional information requested by the medical examining board or the board of governors.
(2)
By the 15th day of each month, the board of governors shall report the information specified in sub. (1) to the medical examining board for each claim paid by the fund or from the appropriation under s. 20.145 (2) (a) during the previous month for damages arising out of the rendering of health care services by a health care provider or an employee of a health care provider.
(3)
If more than one payment will be made on a claim, the first report filed under sub. (1) or (2) after the first payment is made on the claim shall include the total amount of the award or settlement and the projected schedule and amounts of payments.
(4)
Any person who in good faith provides information to the medical examining board or the board of governors under this section is immune from civil liability for his or her acts or omissions in providing such information.
History:  1985 a. 29, 340; 1989 a. 187; 1991 a. 214; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.42 - Establishment of mediation system.

655.42
Establishment of mediation system.
(1)
Legislative intent. The legislature intends that the mediation system provide the persons under sub. (2) with an informal, inexpensive and expedient means for resolving disputes without litigation and intends that the director of state courts administer the mediation system accordingly.
(2)
Mediation system. The director of state courts shall establish a mediation system complying with this subchapter not later than September 1, 1986. The mediation system shall consist of mediation panels that assist in the resolution of disputes, regarding medical malpractice, between patients, their representatives, spouses, parents or children and health care providers.
History:  1985 a. 340; 1989 a. 187 s. 28.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.43 - Mediation requirement.

655.43
Mediation requirement.
The claimant and all respondents named in a request for mediation filed under s. 655.44 or 655.445 shall participate in mediation under this subchapter.
History:  1985 a. 340.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.445 - Request for mediation in conjunction with court action.

655.445
Request for mediation in conjunction with court action.
(1)
Commencing action, request and fee. Beginning September 1, 1986, any person listed in s. 655.007 having a claim or a derivative claim under this chapter for bodily injury or death because of a tort or breach of contract based on professional services rendered or that should have been rendered by a health care provider shall, within 15 days after the date of filing an action in court, file a request for mediation. The request shall be prepared and delivered in person or sent by registered mail to the director of state courts, in the form and manner required under s. 655.44 (2) and (3), together with a notice that a court action has been commenced and the fee under s. 655.54 shall be paid.
(2)
Scheduling. All time periods under s. 802.10 (3) are tolled on the date of filing the court action. The time periods remain tolled until the expiration of the mediation period under s. 655.465 (7).
(3)
No court proceedings before mediation. For actions filed under sub. (1), no discovery may be made and no trial, pretrial conference or scheduling conference may be held until the expiration of the mediation period under s. 655.465 (7).
History:  1985 a. 340; 1989 a. 187 s. 28; Sup. Ct. Order No. 95-04, 191 Wis. 2d xxi (1995).
The 15-day time limit for filing a request for mediation after commencement of court action is directory rather than mandatory. Eby v. Kozarek, 153 Wis. 2d 75, 450 N.W.2d 249 (1990).
Mailing is not the equivalent of filing. Mailing is to send postal matter. Filing entails delivery to the intended recipient. Hoffman v. Rankin, 2002 WI App 189, 256 Wis. 2d 678, 649 N.W.2d 350, 01-3202.
Nothing in the language of either this section or s. 655.44 precluded the application of s. 655.44 to a mediation request filed under this section when an action was filed but became a nullity due to failure to complete service. Young v. Aurora Medical Center of Washington County, Inc., 2004 WI App 71, 272 Wis. 2d 300, 679 N.W.2d 549, 03-0224.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.45 - Reports to licensing bodies.

655.45
Reports to licensing bodies.
(1)
For the quarter beginning on July 1, 1986, and for each quarter thereafter, the director of state courts shall file reports complying with sub. (2) with the medical examining board, the physical therapy examining board, the podiatry affiliated credentialing board, the board of nursing and the department, respectively, regarding health care providers licensed by the respective bodies.
(1m)
For the quarter beginning on July 1, 1995, and for each quarter thereafter, the director of state courts shall file reports complying with sub. (2) with the dietitians affiliated credentialing board regarding health care providers certified by the dietitians affiliated credentialing board.
(2)
The reports under subs. (1) and (1m) shall set forth all of the following:
(a)
The names of all health care providers who are named as defendants in court actions of which the director of state courts receives notice under s. 655.44 (6) or 655.445 (1) during the quarter.
(b)
Whether any court action of which the director of state courts received notice under s. 655.44 (6) or 655.445 (1) was disposed of by settlement, compromise, stipulation agreement, dismissal default or judgment during the quarter and the amount of the settlement or award to the claimant, if any, to the extent the director of state courts has any of the information under this paragraph.
History:  1985 a. 340; 1989 a. 187 s. 28; 1993 a. 107, 443; 1997 a. 75, 175; 2009 a. 113, 149; 2011 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.455 - Notice to health care providers and fund.

655.455
Notice to health care providers and fund.
The director of state courts shall serve notice of a request for mediation upon all health care providers named in the request, at the respective addresses provided in the request, and upon the fund, by registered mail within 7 days after the director of state courts receives the request if delivered in person or within 10 days after the date of mailing of the request to the director of state courts if sent by registered mail.
History:  1985 a. 340; 1989 a. 187 s. 28; 2001 a. 65.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.54 - Filing fee.

655.54
Filing fee.
Requests for mediation filed with the director of state courts are subject to a filing fee of $11. The filing fee shall be paid into the mediation fund under s. 655.68.
History:  1985 a. 340; 1989 a. 187 s. 28.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.58 - Mediation procedure.

655.58
Mediation procedure.
(1)
No record. Mediation shall be conducted without a stenographic record or any other transcript.
(2)
No exams, subpoenas, oaths. No physical examinations or production of records may be ordered, no witnesses may be subpoenaed and no oaths may be administered in mediation, whether by a mediation panel or member thereof or as a result of application to a court by any person.
(3)
No expert witnesses; panel consultants permitted.
(a)
Except as provided in par. (b), no expert witnesses, opinions or reports may be submitted or otherwise used in mediation.
(b)
The mediation panel or any member thereof may consult with any expert, and upon authorization of the director of state courts may compensate the expert from the appropriation under s. 20.680 (2) (qm).
(4)
Patient records confidential except to parties. All patient health care records in the possession of a mediation panel shall be kept confidential by all members of the mediation panel and all other persons participating in mediation. Every person participating in mediation shall make available to one another and all members of the mediation panel all patient health care records of the patient named in the request for mediation that are in the person's possession.
(5)
Counsel permitted. Any person participating in mediation may be represented by counsel authorized to act for his or her respective client.
History:  1985 a. 340; 1989 a. 187 s. 28.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.61 - Funding.

655.61
Funding.
(1)
The mediation fund created under s. 655.68 shall be financed from fees charged to health care providers. The director of state courts shall, by February 1 annually, determine the revenues needed for the operation of the mediation system during the succeeding fiscal year and inform the board of governors of that amount. The director of state courts shall also inform the board of governors of the number of requests for mediation involving each type of health care provider set out in s. 655.002 for the most recent fiscal year for which statistics are available. The board of governors shall set fees to charge health care providers at a level sufficient to provide the necessary revenue.
(1m)
Notwithstanding sub. (1), the board of governors may exempt any type of health care provider set out in s. 655.002 from payment of the annual fee based on a low number of requests for mediation involving that type of health care provider.
(2)
The annual fees under sub. (1) shall be collected in a manner prescribed by rule of the commissioner. The commissioner shall pay all money collected under sub. (1) into the mediation fund created under s. 655.68.
(3)
If the fees under sub. (1) for any particular fiscal year are not established by the board of governors or approved by the joint committee on finance under s. 655.27 (3) (bt) before June 2 of that fiscal year, the commissioner may elect to collect fees as established for the previous fiscal year. If the commissioner so elects and the fees for that fiscal year are subsequently established by the board of governors or approved by the joint committee on finance under s. 655.27 (3) (bt), the balance for the fiscal year shall be collected or refunded, except that the commissioner may elect not to collect or refund minimal amounts.
History:  1985 a. 340; 1989 a. 187; 1991 a. 214; 2015 a. 90.
2023 Wisconsin Statutes & Annotations › Chapter 655 - Health care liability and injured patients and families compensation. › 655.68 - Mediation fund.

655.68
Mediation fund.
(1)
Creation. There is created a mediation fund to pay the administrative expenses of the mediation system created under subch. VI.
(2)
Administration and operation. Management of the mediation fund is vested with the director of state courts.
(3)
Fees. The mediation fund is financed from fees generated under ss. 655.54 and 655.61.
(4)
Accounting and financial reports.
(a)
Any person authorized to receive deposits, withdraw moneys, issue vouchers or otherwise disburse mediation fund moneys shall post a blanket fidelity bond in an amount reasonably sufficient to protect mediation fund assets. The cost of the bond shall be paid from the mediation fund.
(b)
The state investment board shall invest money held in the mediation fund in short-term, fixed-return, interest-bearing investments. All income derived from these investments returns to the mediation fund.
(c)
On or before March 1 annually, the director of state courts shall submit a report on the operation of the mediation system and on the status of the mediation fund to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3).
History:  1985 a. 340; 1987 a. 186; 1989 a. 187 s. 28; 1991 a. 214.