2023 - 2024 LEGISLATURE
LRB-2990/1
JPC:kms&emw
2023 SENATE BILL 317
May 31, 2023 - Introduced by Senators TESTIN and BALLWEG, cosponsored by
Representatives WITTKE, RETTINGER, ARMSTRONG, O'CONNOR and WICHGERS.
Referred to Committee on Insurance and Small Business.
1 AN ACT to amend 448.95 (7) and 632.87 (1); and to create 632.87 (4s) of the
2 statutes; relating to: athletic training and coverage of the services of athletic
3 trainers under health insurance policies and plans.
Analysis by the Legislative Reference Bureau
Current law prohibits health insurance policies, plans, or contracts from
excluding coverage of the services of various types of health care providers within the
scope of their licenses, including chiropractors, dentists, optometrists, and nurse
practitioners, if those services are covered when provided by another type of health
care provider. This bill prohibits a health insurance policy, plan, or contract from
excluding or refusing to cover services provided by an athletic trainer within the
scope of the athletic trainer's license if the policy, plan, or contract covers those
services when provided by another type of health care provider. The bill also amends
the definition of “physical activity” for purposes of defining the scope of athletic
training to mean participation in exercise, sports, games, recreation, wellness,
fitness, or employment activities.
This proposal may contain a health insurance mandate requiring a social and
financial impact report under s. 601.423, stats.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
2023 - 2024 Legislature -2- LRB-2990/1
JPC:kms&emw
SENATE BILL 317 SECTION 1
1 SECTION 1. 448.95 (7) of the statutes is amended to read:
2 448.95 (7) “Physical activity" means vigorous participation in exercise, sports,
3 games, recreation, wellness, fitness, or employment activities.
4 SECTION 2. 632.87 (1) of the statutes is amended to read:
5 632.87 (1) No insurer may refuse to provide or pay for benefits for health care
6 services provided by a licensed health care professional on the ground that the
7 services were not rendered by a physician as defined in s. 990.01 (28), unless the
8 contract clearly excludes services by such practitioners, but no contract or plan may
9 exclude services in violation of sub. (2), (2m), (3), (4), (4m), (4s), (5), or (6).
10 SECTION 3. 632.87 (4s) of the statutes is created to read:
11 632.87 (4s) (a) In this subsection:
12 1. “Athletic trainer" means an individual who is licensed as an athletic trainer
13 under subch. VI of ch. 448.
14 2. “Health care provider" has the meaning given in s. 146.81 (1).
15 (b) No policy, plan, or contract may exclude or refuse to provide coverage for
16 services provided by an athletic trainer within the scope of the athletic trainer's
17 license if the policy, plan, or contract covers those services when provided by another
18 health care provider.
19 SECTION 4.0Initial applicability.
20 (1) For policies and plans containing provisions inconsistent with this act, the
21 act first applies to policy or plan years beginning on January 1 of the year following
22 the year in which this subsection takes effect, except as provided in sub. (2).
23 (2) For policies and plans that are affected by a collective bargaining agreement
24 containing provisions inconsistent with this act, this act first applies to policy or plan
25 years beginning on the effective date of this subsection or on the day on which the
LRB-2990/1
2023 - 2024 Legislature -3- JPC:kms&emw
SENATE BILL 317 SECTION 4
1 collective bargaining agreement is newly established, extended, modified, or
2 renewed, whichever is later.
3 SECTION 5.0Effective date.
4 (1) This act takes effect on the first day of the 4th month beginning after
5 publication.
6 (END)
Statutes affected: Bill Text: 448.95(7), 448.95, 632.87(1), 632.87