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AB448: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2330/1
JPC:amn
2025 ASSEMBLY BILL 448
September 19, 2025 - Introduced by Representatives
Moses
,
Kurtz
,
O'Connor
,
Maxey
,
Penterman
,
Gundrum
,
Duchow
,
Franklin
,
Piwowarczyk
,
Sortwell
,
Murphy
,
B. Jacobson
,
Goeben
,
Wichgers
,
Knodl
,
Green
,
Kreibich
,
Mursau
and
Behnke
, cosponsored by Senators
Feyen
and
Tomczyk
. Referred to Committee on Insurance.
AB448,1,2
1
An Act
to create
146.76 and 600.01 (1) (b) 14. of the statutes;
relating to:
2
nonprofit agricultural organization health benefit coverage.
Analysis by the Legislative Reference Bureau
This bill allows nonprofit agricultural organizations to provide health benefit coverage to its members and its members’ families and exempts the health benefit coverage and the nonprofit agricultural organization offering the health benefit coverage from the application of insurance law. Under the bill, “nonprofit agricultural organization” is defined to mean a member-directed agricultural organization whose purpose is to represent, protect, and enhance the business, economic, social, and educational interests of members located throughout the state and to which certain conditions apply including that the organization is exempt from federal tax, that the organization is organized as a cooperative in this state, that the organization was organized prior to January 1, 1922, that the organization collects annual dues from its members, that the organization is governed by a board of directors that is elected by its members, and that the organization has a wholly owned subsidiary through which health benefit coverage may be administered.
If a nonprofit agricultural organization offers to provide health benefit coverage, the bill requires the nonprofit agricultural organization to satisfy certain criteria. First, a nonprofit agricultural organization must offer health benefit coverage to its members in every county in the state. A nonprofit agricultural organization must provide written notice to its members prior to enrollment that any health benefit coverage provided by the nonprofit agricultural organization is not health insurance and that the health benefit coverage alone may not satisfy individual or employer insurance coverage requirements under federal law. Further, a nonprofit agricultural organization must reinsure its risks under the health benefit coverage it provides with a company authorized to transact reinsurance business in this state and must annually file with the commissioner of insurance a signed opinion of a qualified actuary that the financial reserves of the nonprofit agricultural organization and any affiliated entities of the nonprofit agricultural organization are sufficient and conform to appropriate actuarial standards. Additionally, the bill prohibits nonprofit agricultural organizations from taking certain action with respect to the health benefit coverage that it provides. The bill prohibits nonprofit agricultural organizations from excluding or refusing to provide coverage for services provided by a health care provider if the health benefit coverage provided by the nonprofit agricultural organization covers those services when provided by a physician. Further, the bill prohibits nonprofit agricultural organizations from imposing a preexisting condition exclusion for any condition for a period of more than six months if the health benefit coverage would otherwise include coverage of the condition. Finally, the bill requires a nonprofit agricultural organization to adopt a process for members to file and resolve complaints related to health benefit coverage that is, to the greatest extent practicable, consistent with the process for health insurance consumers to file and resolve complaints related to health insurance coverage with the Office of the Commissioner of Insurance.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB448,1
1
Section
1
.
146.76 of the statutes is created to read:
AB448,2,3
2
146.76 Nonprofit agricultural organization health benefit coverage.
3
(1)
In this section:
AB448,2,5
4
(a) “Health care provider” means a health care provider under s. 146.81 (1) (a)
5
to (p) that provides health care services within the provider’s scope of practice.
AB448,2,9
6
(b) “Nonprofit agricultural organization” means a member-directed
7
agricultural organization whose purpose is to represent, protect, and enhance the
8
business, economic, social, and educational interests of members located
9
throughout the state and to which all of the following apply:
AB448,3,3
1
1. The organization is described in section 501 (c) (5) of the Internal Revenue
2
Code and is exempt from federal tax under section 501 (a) of the Internal Revenue
3
Code.
AB448,3,4
4
2. The organization is organized as a cooperative in this state under ch. 185.
AB448,3,5
5
3. The organization was established prior to January 1, 1922.
AB448,3,6
6
4. The organization collects annual dues from its members.
AB448,3,8
7
5. The organization is governed by a board of directors that is elected by its
8
members.
AB448,3,10
9
6. The organization has a wholly owned subsidiary through which health
10
benefit coverage may be administered.
AB448,3,13
11
(2)
(a) Subject to par. (b) and sub. (3), a nonprofit agricultural organization
12
may provide health benefit coverage for the sole benefit of its members and its
13
members’ family.
AB448,3,16
14
(b) No nonprofit agricultural organization may provide health benefit
15
coverage unless the nonprofit agricultural organization offers health benefit
16
coverage to its members in every county in the state.
AB448,3,22
17
(3)
(a) Before a nonprofit agricultural organization may provide health
18
benefit coverage under sub. (2), the nonprofit agricultural organization shall file
19
with the commissioner of insurance an attestation that the nonprofit agricultural
20
organization qualifies as a nonprofit agricultural organization and that the
21
nonprofit agricultural organization will offer health benefit coverage consistent
22
with this section.
AB448,4,8
23
(b) Any nonprofit agricultural organization that offers to provide health
24
benefit coverage under sub. (2) shall, no later than one year after filing an
1
attestation under par. (a) and annually thereafter, file with the commissioner of
2
insurance a signed opinion of a qualified actuary that the financial reserves of the
3
nonprofit agricultural organization and any affiliated entities of the nonprofit
4
agricultural organization are sufficient and conform to appropriate actuarial
5
standards. Any nonprofit agricultural organization that fails to file a signed
6
opinion pursuant to this paragraph may not provide health benefit coverage under
7
sub. (2) until the nonprofit agricultural organization comes into compliance with
8
this paragraph.
AB448,4,15
9
(4)
If a nonprofit agricultural organization offers to provide health benefit
10
coverage under sub. (2), the nonprofit agricultural organization shall, prior to
11
enrollment, provide written notice to its members, and require a signature from its
12
members acknowledging, that any health benefit coverage provided by the nonprofit
13
agricultural organization is not health insurance and that the health benefit
14
coverage alone may not satisfy individual or employer insurance coverage
15
requirements under federal law.
AB448,4,19
16
(5)
No nonprofit agricultural organization that offers to provide health
17
benefit coverage under sub. (2) may exclude or refuse to provide coverage for
18
services provided by a health care provider if the health benefit coverage covers
19
those services when provided by a physician licensed under subch. II of ch. 448.
AB448,4,23
20
(6)
No nonprofit agricultural organization that offers to provide health
21
benefit coverage under sub. (2) may impose a preexisting condition exclusion for any
22
condition for a period of more than 6 months if the health benefit coverage would
23
otherwise include coverage of the condition.
AB448,5,2
24
(7)
A nonprofit agricultural organization that offers to provide health benefit
1
coverage under sub. (2) shall reinsure its risks under the health benefit coverage it
2
provides with a company authorized to transact reinsurance business in this state.
AB448,5,8
3
(8)
A nonprofit agricultural organization that offers to provide health benefit
4
coverage under sub. (2) shall adopt a process for members to file and resolve
5
complaints related to health benefit coverage that is, to the greatest extent
6
practicable, consistent with the process for health insurance consumers to file and
7
resolve complaints related to health insurance coverage with the office of the
8
commissioner of insurance.
AB448,2
9
Section
2
.
600.01 (1) (b) 14. of the statutes is created to read:
AB448,5,11
10
600.01
(1)
(b) 14. Nonprofit agricultural organization health benefit coverage
11
and the nonprofit agricultural organization offering the coverage under s. 146.76.
AB448,5,12
12
(end)
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