2014 Wisconsin Statutes & Annotations
895. Damages, liability, and miscellaneous provisions regarding actions in courts.
895.514 Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.
895.514 Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority.
895.514(1) (1) In this section:
895.514(1)(a) (a) "Authority" means the Health Insurance Risk-Sharing Plan Authority established under subch. III of ch. 149, 2011 stats.
895.514(1)(b) (b) "Board" means the board of directors of the authority.
895.514(1)(c) (c) "Commissioner" means the commissioner of insurance of this state.
895.514(1)(d) (d) "Plan" means the health care insurance plan established under subch. II of ch. 149, 2011 stats.
895.514(2) (2) No cause of action of any nature may arise against, and no liability may be imposed upon, the authority, plan, or board; or any agent, employee, or director of any of them; or insurers participating in the plan; or the commissioner; or any agent, employee, or representative of the commissioner, for any act or omission by any of them in the performance of their powers and duties under ch. 149, 2011 stats., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), unless the person asserting liability proves that the act or omission constitutes willful misconduct.
895.514(3) (3)
895.514(3)(a)(a) Except as provided in 2013 Wisconsin Act 20, section 9122 (1L), and 2013 Wisconsin Act 116, section 32 (1) (b), neither the state nor any political subdivision of the state nor any officer, employee, or agent of the state or a political subdivision acting within the scope of employment or agency is liable for any debt, obligation, act, or omission of the authority.
895.514(3)(b) (b) All of the expenses incurred by the authority, or the commissioner, or any agent, employee, or representative of the commissioner, in exercising its duties and powers under ch. 149, 2011 stats., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), shall be payable only from funds of the authority or from the appropriation under s. 20.145 (5) (g) or (k), or from any combination of those payment sources.
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