MON AM News: Disagreement remains over innocent landowner protections after new Evers PFAS proposal; UW Health, Anthem Blue Cross and Blue Shield clash over pricing negotiations

March 3, 2025

— A Gov. Tony Evers budget plan aims to protect innocent landowners from being put on the hook for PFAS contamination — termed a “good start” by one GOP senator spearheading legislation to combat “forever chemicals.”

Evers and the Republican-controlled Legislature have clashed over proposals to spend the $125 million set aside in the last state budget to fight PFAS. Last session, Evers vetoed a GOP bill co-authored by Sen. Eric Wimberger, R-Green Bay, laying out how to spend the money. The guv argued SB 312 would undermine the Department of Natural Resources’ ability to address contamination and hold bad actors accountable.

The sticking point in negotiations has centered around who should be held liable for contamination and possible protections for those with contamination on their property through no fault of their own.

“It’s nice that he’s finally acknowledging that there are innocent landowners, and he’s deviating from the hard line position of maintaining DNR authority over the situation regardless, and that’s a good start, I suppose,” Wimberger said.

Meanwhile, a Midwest Environmental Advocates attorney says while he sees the exemption as unnecessary, Wimberger should take Evers up on the compromise. But the state’s largest trade association, Wisconsin Manufacturers & Commerce, says Evers’ proposal “dramatically falls short” of what’s needed.

Evers’ proposal would codify protections exclusively for agricultural or residential properties polluted with PFAS-contaminated sludge, as long as that sludge was spread on the land in compliance with a Wisconsin Pollutant Discharge Elimination System permit issued by DNR. It would also require those property owners to comply with any other conditions DNR deems necessary to address contamination, and allow the agency to limit public access to the property if necessary.

Under the proposal, the protections would end Dec. 31, 2035. Evers’ office did not respond to a request for comment on why the sunset date was included.

Wimberger has introduced a bill that largely mirrors last session’s SB 312, with protections for a much broader group. He raised concerns about aspects of Evers’ proposal, including the limited scope and provisions requiring property owners to do what DNR deems “reasonable and necessary,” and allowing other responsible parties, aside from DNR, their consultants or contractors to access the property.

He also noted Evers’ proposal only addresses residential and agricultural properties, and doesn’t address residents in towns like Peshtigo, where Tyco Fire Products caused PFAS contamination linked to firefighting foam.

See the full story at WisPolitics.

— UW Health is accusing Anthem Blue Cross and Blue Shield of making an unfair offer amid ongoing negotiations, while the insurer says the health system is seeking “drastic” price increases.

Negotiations have been happening for several months, as an agreement between the organizations is slated to expire April 15, the health system said Friday. In a statement, Madison-based UW Health said Anthem’s current offer “is neither fair to their members nor our care teams,” arguing the insurer has agreed to “much higher” reimbursement rates for other health systems in the state.

“Despite that fact, Anthem has proposed that UW Health receive an increase well below the rate of inflation,” the health system said. “Anthem is also demanding the ability to unilaterally change payment terms without a renegotiation, which can put patient care at risk.”

In a statement responding to UW Health, Anthem Wisconsin Director of Public Relations Emily Snooks says the health system is requesting a 32% price increase over three years for Anthem members.

“This increase is more than four times the current rate of inflation in the first year alone for care at certain UW Health facilities,” Snooks said on Friday. “Standing against unprecedented and irresponsible price hikes is part of our mission and we will continue to protect access to affordable care for all Wisconsinites.”

Along with criticizing Anthem’s offer, UW Health said many of its patients “struggle with the overuse of prior authorization requirements” imposed by the insurer. Such requirements allow insurers to review and approve certain medical services before they’re provided as a way to control costs.

“We recognize that Anthem’s $6 billion in annual profit is built on deals like this, forced upon health systems and their patients,” UW Health said. “However, we continue to negotiate in good faith for a fair deal on behalf of our patients and the 25,000 UW Health team members that provide them care.”

While patients with Anthem insurance are currently still in network with UW Health and its affiliates, that will no longer be the case after April 15 if the organizations don’t reach an agreement by then. The health system says it’s notifying patients of this potential change.

Snooks says Anthem wants UW Health to remain in network and will keep working toward an agreement, but adds “we cannot agree to excessive price increases that would only make health care less affordable for our members.”

Meanwhile, UW Health also says it’s encouraging patients with Anthem insurance to contact their employer to advocate for keeping the health system in network, or call Anthem directly with the same appeal.

See UW Health’s full statement.

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— Wisconsin Manufacturers & Commerce has filed a lawsuit against the Department of Natural Resources, arguing the agency is illegally regulating air emissions released from certain engines when they are tested by manufacturers.

The trade association argues DNR has been violating the federal Clean Air Act for decades by regulating emissions from engines in lawn tractors, snowmobiles, generators and UTVs. WMC says the law only allows states to regulate “stationary” sources of emissions, such as factories and power plants, and that the engines qualify as “mobile” sources. Mobile sources include vehicles like cars and trucks, as well as some “nonroad” sources.

The lawsuit states DNR classifies emissions from nonroad engines as coming from stationary sources when they are turned on and tested by manufacturers, opening the emissions up to state regulation. The lawsuit, filed in the U.S. District Court Western District of Wisconsin, seeks an injunction to prohibit that practice and a finding that it is not in line with federal law. It also seeks to prevent DNR from imposing standards on nonroad sources.

Scott Manley, WMC’s executive vice president of government relations, said DNR’s regulations put “Wisconsin manufacturers at a competitive disadvantage.”

“Manufacturers in many other states don’t need to waste any time or money complying with regulations like these. Wisconsin’s DNR is out of line,” Manley added.

A spokesperson for DNR declined to comment, noting the agency doesn’t comment on pending litigation.

See the release.

— The Wisconsin State Building Commission has approved $103.4 million in projects, including 11 taking place across the Universities of Wisconsin.

Gov. Tony Evers on Friday announced the list of approved projects, including funding for the state Department of Justice’s Forensic Science and Protective Medicine Facility. This will house the Milwaukee Crime Lab, Milwaukee County’s 911 dispatch operations and the Milwaukee County Medical Examiner’s Office, as well as the Versiti Blood Research Institute.

Other approved projects include a “large-scale” utility improvements project at Madison’s Mendota Mental Health Institute, demolishing “outdated” buildings at UW-Eau Claire and UW-Milwaukee, building a new campus dormitory at the Wisconsin School for the Deaf and Hard of Hearing, assorted maintenance and repair efforts and others.

See the full list here.

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