AB1038,44,238 119.33 (2) (b) 3. c. The governing body of a nonsectarian private school
9participating in a program under s. 118.60 or 119.23. The superintendent of schools
10may proceed under this subd. 3. c. only if one of the following applies: the
11performance on the most recent examinations administered under s. 118.30 (1s) or
12(1t) of pupils attending a school operated by the governing body exceeds the
13performance on the most recent examinations administered under s. 118.30 (1) of
14pupils attending the school being transferred to the governing body under this
15subdivision; or, in each of the 3 preceding consecutive accountability reports
16published under s. 115.385 (1),
the performance category assigned to a school
17operated by the governing body on accountability reports published under s. 115.385
18(1) for the school in each of the 3 preceding consecutive school years
exceeds the
19performance category assigned to the school being transferred to the governing body
20under this subdivision in each of the 3 preceding consecutive school years. If fewer
21than 3 accountability reports have been published for a private school described in
22this subd. 3. c., the superintendent of schools shall determine an alternative method
23for comparing the school's performance.
AB1038,69 24Section 69 . 119.33 (5) (b) 2. of the statutes is amended to read:
AB1038,45,4
1119.33 (5) (b) 2. The school district operating under this chapter has been
2assigned in the 3 most recent school years a performance category of “fails to meet
3expectations" on the 3 most recent accountability report reports published under s.
4115.385 (1).
AB1038,70 5Section 70 . 119.9002 (2) (d) 2. a. of the statutes is amended to read:
AB1038,45,106 119.9002 (2) (d) 2. a. The performance, on the most recent examinations
7administered under s. 118.30 (1r), of pupils attending a school operated by the person
8exceeds the performance, on the most recent examinations administered under s.
9118.30 (1), of pupils attending the school being transferred to the person under this
10subdivision.
AB1038,71 11Section 71 . 119.9002 (2) (d) 2. b. of the statutes is amended to read:
AB1038,45,2012 119.9002 (2) (d) 2. b. The In each of the 3 preceding consecutive accountability
13reports published under s. 115.385 (1), the
performance category assigned to a school
14operated by the person on accountability reports published under s. 115.385 (1) for
15the school in each of the 3 preceding consecutive school years
exceeds the
16performance category assigned to the school being transferred to the person under
17this subdivision in each of the 3 preceding consecutive school years. If fewer than
183 accountability reports have been published for a school described in this subd. 2.
19b., the commissioner shall determine an alternative method for comparing the
20school's performance.
AB1038,72 21Section 72 . 119.9002 (2) (d) 3. a. of the statutes is amended to read:
AB1038,46,222 119.9002 (2) (d) 3. a. The performance, on the most recent examinations
23administered under s. 118.30 (1s) or (1t), of pupils attending a school operated by the
24governing body exceeds the performance, on the most recent examinations

1administered under s. 118.30 (1), of pupils attending the school being transferred to
2the governing body under this subdivision.
AB1038,73 3Section 73 . 119.9002 (2) (d) 3. b. of the statutes is amended to read:
AB1038,46,124 119.9002 (2) (d) 3. b. The In each of the 3 preceding consecutive accountability
5reports published under s. 115.385 (1), the
performance category assigned to a school
6operated by the governing body on accountability reports published under s. 115.385
7(1) for the school in each of the 3 preceding consecutive school years
exceeds the
8performance category assigned to the school being transferred to the governing body
9under this subdivision in each of the 3 preceding consecutive school years. If fewer
10than 3 accountability reports have been published for a private school described in
11this subd. 3. b., the commissioner shall determine an alternative method for
12comparing the school's performance.
AB1038,74 13Section 74 . 119.9004 (3) (b) 2. of the statutes is amended to read:
AB1038,46,1714 119.9004 (3) (b) 2. The school district operating under this chapter has been
15assigned in the 3 most recent school years a performance category of “fails to meet
16expectations" on the 3 most recent accountability report reports published under s.
17115.385 (1).
AB1038,75 18Section 75 . 120.13 (2) (g) of the statutes is amended to read:
AB1038,46,2219 120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss.
2049.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2.,
21632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.867, 632.87 (4) to (6), 632.885,
22632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).
AB1038,76 23Section 76 . 146.40 (3) of the statutes is amended to read:
AB1038,47,1124 146.40 (3) Except as provided in sub. (4d), the department shall approve
25instructional programs for nurse aides that apply for, and satisfy standards for,

1approval that are promulgated by rule by the department. The department may not
2require an instructional program to exceed the federally required minimum total
3training hours or minimum hours of supervised practical training under 42 CFR
4483.152
(a).
The department shall review the curriculum of each approved
5instructional program at least once every 24 months following the date of approval
6to determine whether the program continues to satisfy the standards for approval.
7Under this subsection, the department may, after providing notice, suspend or
8revoke the approval of an instructional program or impose a plan of correction on the
9program if the program fails to satisfy the standards for approval or operates under
10conditions that are other than those contained in the application approved by the
11department.
AB1038,77 12Section 77 . 153.23 of the statutes is created to read:
AB1038,47,15 13153.23 Public health emergency dashboard. (1) “Public health
14emergency related to the 2019 novel coronavirus” means the period covered by any
15of the following:
AB1038,47,1716(a) The national emergency declared by the U.S. president under 50 USC 1621
17on March 13, 2020, in response to the 2019 novel coronavirus.
AB1038,47,2018(b) The public health emergency declared under 42 USC 247d by the secretary
19of the federal department of health and human services on January 31, 2020, in
20response to the 2019 novel coronavirus.
AB1038,47,2221 (c) The state of emergency related to public health declared under s. 323.10 on
22March 12, 2020, by executive order 72.
AB1038,48,7 23(2) During the public health emergency related to the 2019 novel coronavirus,
24the entity under contract under s. 153.05 (2m) (a) shall prepare and publish a public
25health emergency dashboard using health care emergency preparedness program

1information collected by the state from acute care hospitals. A dashboard published
2under this section shall include information to assist emergency response planning
3activities. For purposes of this section, the entity and the department shall enter into
4a data use agreement and mutually agree to the health care emergency preparedness
5program information the department will provide to the entity, the information the
6entity will include in the dashboard, any publication schedule, and any other terms
7considered necessary by the entity or the department.
AB1038,78 8Section 78 . 185.983 (1) (intro.) of the statutes is amended to read:
AB1038,48,169 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a
10cooperative association organized under s. 185.981 shall be exempt from chs. 600 to
11646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44,
12601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93,
13631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798,
14632.85, 632.853, 632.855, 632.867, 632.87 (2) to (6), 632.885, 632.89, 632.895 (5) and
15(8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but
16the sponsoring association shall:
AB1038,79 17Section 79 . 323.19 (3) of the statutes is created to read:
AB1038,48,2218 323.19 (3) Based on guidance provided by the secretary of health services, the
19head of each state agency and each local health department shall determine which
20public employee positions within the respective state agency or local government are
21critical during the public health emergency declared on March 12, 2020, by executive
22order 72, for the purposes of s. 40.26 (5m) and (6) (b).
AB1038,80 23Section 80 . 323.19 (4) of the statutes is created to read:
AB1038,49,324 323.19 (4) (a) In this subsection, “state entity” means any state agency,
25institution of higher education, association, society, or other body in state

1government created or authorized to be created by the constitution or any law that
2is entitled to expend moneys appropriated by law, including the legislature, the
3courts, and any authority.
AB1038,49,94 (b) During the public health emergency declared on March 12, 2020, by
5executive order 72, the head or governing body of a state entity may waive a
6requirement imposed, administered, or enforced by the state entity that an
7individual appear in person if the head or governing body finds that the waiver
8assists in the state's response to the public health emergency or that enforcing the
9requirement may increase the public health risk.
AB1038,81 10Section 81 . 323.265 of the statutes is created to read:
AB1038,49,12 11323.265 Suspension of certain deadlines and training requirements
12during a public health emergency.
(1) Definitions. In this section:
AB1038,49,1713 (a) “Agency” means any office, department, agency, institution of higher
14education, association, society, or other body in state government created or
15authorized to be created by the constitution or any law, including any authority
16created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, the
17legislature, or the courts.
AB1038,49,1918 (b) “Deadline” means any date certain by which, or any other limitation as to
19time within which, an action or event is required to occur.
AB1038,49,2120 (c) “Emergency period” means the period covered by the public health
21emergency declared on March 12, 2020, by executive order 72, plus 30 days.
AB1038,49,2522 (d) “Local governmental unit" means a political subdivision of this state, a
23special purpose district in this state, an agency or corporation of a political
24subdivision or special purpose district, or a combination or subunit of any of the
25foregoing.
AB1038,50,5
1(2) Deadlines. (a) Each agency or local governmental unit may toll for the
2duration of an emergency period any deadline falling within that period that the
3agency or local governmental unit administers or enforces. The agency or local
4governmental unit may not charge any interest or penalty that would otherwise
5apply with respect to the tolled deadline.
AB1038,50,66 (b) Paragraph (a) does not apply to all of the following:
AB1038,50,107 1. Any deadline with respect to the filing or payment of a tax for which the
8revenue is deposited or is expected to be deposited in the general fund, a tax or fee
9for which the revenue is deposited or is expected to be deposited in the transportation
10fund, or a property tax.
AB1038,50,1211 2. The date on which an election, as defined in s. 5.02 (4), is to be held, and any
12deadline relating to an election.
AB1038,50,15 13(3) Training requirements. During an emergency period, each agency or local
14governmental unit may suspend any training requirement associated with any
15program the agency or local unit of government administers or enforces.
AB1038,82 16Section 82 . 323.2911 of the statutes is created to read:
AB1038,50,23 17323.2911 Public employee health insurance coverage. Notwithstanding
18s. 40.02 (40), for the purpose of group health insurance coverage offered by the group
19insurance board under subch. IV of ch. 40, if an employee who was on a leave of
20absence returns from leave, even if the employee has not resumed active
21performance of duty for 30 consecutive calendar days on March 12, 2020, due to the
22public health emergency declared by executive order 72, the leave of absence is
23deemed ended or interrupted on that date.
AB1038,83 24Section 83 . 323.2912 of the statutes is created to read:
AB1038,51,6
1323.2912 Suspension of limited term appointment hours.
2Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and
3selection in the division of personnel management in the department of
4administration may increase or suspend the number of hours for a limited term
5appointment for the duration of the public health emergency declared on March 12,
62020, by executive order 72.
AB1038,84 7Section 84 . 323.2913 of the statutes is created to read:
AB1038,51,15 8323.2913 Use of annual leave during probationary period by state
9employee.
Notwithstanding s. 230.35 (1) (b), a state employee may take annual
10leave within the first 6 months of the employee's probationary period upon initial
11appointment during the public health emergency declared on March 12, 2020, by
12executive order 72. If an employee who has taken annual leave under this section
13terminates his or her employment before earning annual leave equivalent to the
14amount of annual leave the employee has taken, the appointing authority shall
15deduct the cost of the unearned annual leave from the employee's final pay.
AB1038,85 16Section 85 . 323.2915 of the statutes is created to read:
AB1038,51,22 17323.2915 State civil service grievance procedures. (1) Notwithstanding
18s. 230.445 (2) and (3), an employee does not waive his or her right to appeal an
19adverse employment decision if the employee does not timely file the complaint or
20appeal during the public health emergency declared on March 12, 2020, by executive
21order 72. The tolling period under s. 230.445 (3) (a) 1. begins 14 days after the
22termination of such public health emergency.
AB1038,52,2 23(2) Notwithstanding s. 230.445 (3) (a) 2., an appointing authority or his or her
24designee is not required to meet with a complainant in person during the public

1health emergency declared on March 12, 2020, by executive order 72, when
2conducting an investigation under s. 230.445 (3) (a) 2.
AB1038,86 3Section 86 . 440.08 (5) of the statutes is created to read:
AB1038,52,64 440.08 (5) Renewal suspension for public health emergency. (a) In this
5subsection, “health care provider credential” means any credential issued under ch.
6441, 447, 448, 450, 455, 460, or 462.
AB1038,52,117 (b) Notwithstanding subs. (1) to (3) and the applicable provisions in chs. 440
8to 480, but subject to any professional discipline imposed on the credential, a health
9care provider credential is not subject to renewal, or any other conditions for renewal
10including continuing education, and remains valid during the period specified in par.
11(c).
AB1038,52,1412 (c) For purposes of par. (b), the period shall be the period beginning on March
1312, 2020, and ending on the 60th day after the end of the period covered by the public
14health emergency declared on March 12, 2020, by executive order 72.
AB1038,52,2015 (d) A renewal that occurs subsequent to the period described in par. (c) is not
16subject to the late renewal fee under sub. (3) (a) if the application to renew the
17credential is received before the next applicable renewal date. Notwithstanding the
18applicable provisions in chs. 440 to 480, the applicable credentialing board may, for
19that next applicable renewal date, provide an exemption from or reduction of
20continuing education or other conditions for renewal.
AB1038,87 21Section 87 . 450.11 (5) (a) of the statutes is amended to read:
AB1038,53,622 450.11 (5) (a) Except as provided in par. pars. (bm) and (br), no prescription may
23be refilled unless the requirements of sub. (1) and, if applicable, sub. (1m) have been
24met and written, oral, or electronic authorization has been given by the prescribing
25practitioner. Unless the prescribing practitioner has specified in the prescription

1order that dispensing a prescribed drug in an initial amount followed by periodic
2refills as specified in the prescription order is medically necessary, a pharmacist may
3exercise his or her professional judgment to dispense varying quantities of the
4prescribed drug per fill up to the total number of dosage units authorized by the
5prescribing practitioner in the prescription order including any refills, subject to par.
6(b).
AB1038,88 7Section 88 . 450.11 (5) (br) of the statutes is created to read:
AB1038,53,138 450.11 (5) (br) 1. In the event a pharmacist receives a request for a prescription
9to be refilled and the prescription cannot be refilled as provided in par. (a), the
10pharmacist may, subject to subd. 2. a. to e., extend the existing prescription order and
11dispense the drug to the patient, if the pharmacist has not received and is not aware
12of written or oral instructions from the prescribing practitioner prohibiting further
13dispensing pursuant to or extension of the prescription order.
AB1038,53,1914 2. a. A prescribing practitioner may indicate, by writing on the face of the
15prescription order or, with respect to a prescription order transmitted electronically,
16by designating in electronic format the phrase “No extensions," or words of similar
17meaning, that no extension of the prescription order may be made under subd. 1. If
18such indication is made, the pharmacist may not extend the prescription order under
19subd. 1.
AB1038,53,2520 b. A pharmacist acting under subd. 1. may not extend a prescription order to
21dispense more than a 30-day supply of the prescribed drug, except that if the drug
22is typically packaged in a form that requires a pharmacist to dispense the drug in a
23quantity greater than a 30-day supply, the pharmacist may extend the prescription
24order as necessary to dispense the drug in the smallest quantity in which it is
25typically packaged.
AB1038,54,2
1c. A pharmacist may not extend a prescription order under subd. 1. for a drug
2that is a controlled substance.
AB1038,54,53 d. A pharmacist may not extend a prescription order under subd. 1. for a
4particular patient if a prescription order was previously extended under subd. 1. for
5that patient during the period described in subd. 3.
AB1038,54,126 e. A pharmacist shall, at the earliest reasonable time after acting under subd.
71., notify the prescribing practitioner or his or her office, but is not required to
8attempt to procure a new prescription order or refill authorization for the drug by
9contacting the prescribing practitioner or his or her office prior to acting under subd.
101. After acting under subd. 1., the pharmacist may notify the patient or other
11individual that any further refills will require the authorization of a prescribing
12practitioner.
AB1038,54,1613 3. This paragraph applies only during the public health emergency declared on
14March 12, 2020, by executive order 72, and for 30 days after the conclusion of that
15public health emergency. During that time, this paragraph supersedes par. (bm) to
16the extent of any conflict.
AB1038,89 17Section 89 . 609.205 of the statutes is created to read:
AB1038,54,19 18609.205 Public health emergency for COVID-19. (1) In this section,
19“COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038,54,24 20(2) All of the following apply to a defined network plan or preferred provider
21plan during the state of emergency related to public health declared under s. 323.10
22on March 12, 2020, by executive order 72, or during the public health emergency
23declared under 42 USC 247d by the secretary of the federal department of health and
24human services in response to the COVID-19 pandemic:
AB1038,55,8
1(a) The plan may not require an enrollee to pay, including cost sharing, for a
2service, treatment, or supply provided by a provider that is not a participating
3provider in the plan's network of providers more than the enrollee would pay if the
4service, treatment, or supply is provided by a provider that is a participating
5provider. This subsection applies to any service, treatment, or supply that is related
6to diagnosis or treatment for COVID-19 and to any service, treatment, or supply that
7is provided by a provider that is not a participating provider because a participating
8provider is unavailable due to the public health emergency.
AB1038,55,139 (b) The plan shall reimburse a provider that is not a participating provider for
10a service, treatment, or supply provided under the circumstances described under
11par. (a) at 225 percent of the rate the federal Medicare program reimburses the
12provider for the same or a similar service, treatment, or supply in the same
13geographic area.
AB1038,55,20 14(3) During the state of emergency related to public health declared under s.
15323.10 on March 12, 2020, by executive order 72, or during the public health
16emergency declared under 42 USC 247d by the secretary of the federal department
17of health and human services in response to the COVID-19 pandemic, all of the
18following apply to any health care provider or health care facility that provides a
19service, treatment, or supply to an enrollee of a defined network plan or preferred
20provider plan but is not a participating provider of that plan:
AB1038,55,2421 (a) The health care provider or facility shall accept as payment in full any
22payment by a defined network plan or preferred provider plan that is at least 225
23percent of the rate the federal Medicare program reimburses the provider for the
24same or a similar service, treatment, or supply in the same geographic area.
AB1038,56,3
1(b) The health care provider or facility may not charge the enrollee for the
2service, treatment, or supply an amount that exceeds the amount the provider or
3facility is reimbursed by the defined network plan or preferred provider plan.
AB1038,56,5 4(4) The commissioner may promulgate any rules necessary to implement this
5section.
AB1038,90 6Section 90 . 609.83 of the statutes is amended to read:
AB1038,56,9 7609.83 Coverage of drugs and devices. Limited service health
8organizations, preferred provider plans, and defined network plans are subject to ss.
9632.853 and 632.895 (16t) and (16v).
AB1038,91 10Section 91 . 609.846 of the statutes is created to read:
AB1038,56,13 11609.846 Discrimination based on COVID-19 prohibited. Limited service
12health organizations, preferred provider plans, and defined network plans are
13subject to s. 632.729.
AB1038,92 14Section 92 . 609.885 of the statutes is created to read:
AB1038,56,17 15609.885 Coverage of COVID-19 testing. Defined network plans, preferred
16provider plans, and limited service health organizations are subject to s. 632.895
17(14g).
AB1038,93 18Section 93 . 625.12 (2) of the statutes is amended to read:
AB1038,57,219 625.12 (2) Classification. Risks Except as provided in s. 632.729, risks may
20be classified in any reasonable way for the establishment of rates and minimum
21premiums, except that no classifications may be based on race, color, creed or
22national origin, and classifications in automobile insurance may not be based on
23physical condition or developmental disability as defined in s. 51.01 (5). Subject to
24s. ss. 632.365 and 632.729, rates thus produced may be modified for individual risks
25in accordance with rating plans or schedules that establish reasonable standards for

1measuring probable variations in hazards, expenses, or both. Rates may also be
2modified for individual risks under s. 625.13 (2).
AB1038,94 3Section 94 . 628.34 (3) (a) of the statutes is amended to read:
AB1038,57,104 628.34 (3) (a) No insurer may unfairly discriminate among policyholders by
5charging different premiums or by offering different terms of coverage except on the
6basis of classifications related to the nature and the degree of the risk covered or the
7expenses involved, subject to ss. 632.365, 632.729, 632.746 and 632.748. Rates are
8not unfairly discriminatory if they are averaged broadly among persons insured
9under a group, blanket or franchise policy, and terms are not unfairly discriminatory
10merely because they are more favorable than in a similar individual policy.
AB1038,95 11Section 95 . 632.729 of the statutes is created to read:
AB1038,57,13 12632.729 Prohibiting discrimination based on COVID-19. (1)
13Definitions. In this section:
AB1038,57,1414 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038,57,1515 (b) “Health benefit plan” has the meaning given in s. 632.745 (11).
AB1038,57,1616 (c) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
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