AB1038-SSA1,63,3
13. If the department denies a health care provider's application for a temporary
2credential under this paragraph, the department shall notify the health care
3provider of the reason for the denial.
AB1038-SSA1,63,74 4. Notwithstanding ss. 441.06 (4), 441.15 (2), 447.03 (1) and (2), 448.03 (1) (a),
5(b), and (c) and (1m), and 450.03 (1), during an emergency period a health care
6provider granted a temporary credential under this paragraph may provide services
7for which the health care provider is licensed or certified.
AB1038-SSA1,63,118 5. A health care provider who provides services authorized by a temporary
9credential granted under this paragraph shall maintain malpractice insurance that
10satisfies the requirements of the profession for which the health care provider is
11licensed or certified.
AB1038-SSA1,63,1312 6. A temporary credential granted under this paragraph expires at the
13conclusion of the emergency period during which the credential was granted.
AB1038-SSA1,63,21 14(2) Authority to waive fees. Notwithstanding s. 440.05 and the applicable fee
15provisions in chs. 440 to 480, during an emergency period the department may waive
16fees for applications for an initial credential and renewal of a credential for
17registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians,
18physician assistants, perfusionists, respiratory care practitioners, pharmacists,
19psychologists, clinical social workers, independent social workers, social workers,
20marriage and family therapists, professional counselors, and clinical substance
21abuse counselors.
AB1038-SSA1,124 22Section 124. 450.11 (5) (a) of the statutes is amended to read:
AB1038-SSA1,64,723 450.11 (5) (a) Except as provided in par. pars. (bm) and (br), no prescription may
24be refilled unless the requirements of sub. (1) and, if applicable, sub. (1m) have been
25met and written, oral, or electronic authorization has been given by the prescribing

1practitioner. Unless the prescribing practitioner has specified in the prescription
2order that dispensing a prescribed drug in an initial amount followed by periodic
3refills as specified in the prescription order is medically necessary, a pharmacist may
4exercise his or her professional judgment to dispense varying quantities of the
5prescribed drug per fill up to the total number of dosage units authorized by the
6prescribing practitioner in the prescription order including any refills, subject to par.
7(b).
AB1038-SSA1,125 8Section 125. 450.11 (5) (br) of the statutes is created to read:
AB1038-SSA1,64,149 450.11 (5) (br) 1. In the event a pharmacist receives a request for a prescription
10to be refilled and the prescription cannot be refilled as provided in par. (a), the
11pharmacist may, subject to subd. 2. a. to e., extend the existing prescription order and
12dispense the drug to the patient, if the pharmacist has not received and is not aware
13of written or oral instructions from the prescribing practitioner prohibiting further
14dispensing pursuant to or extension of the prescription order.
AB1038-SSA1,64,2015 2. a. A prescribing practitioner may indicate, by writing on the face of the
16prescription order or, with respect to a prescription order transmitted electronically,
17by designating in electronic format the phrase “No extensions," or words of similar
18meaning, that no extension of the prescription order may be made under subd. 1. If
19such indication is made, the pharmacist may not extend the prescription order under
20subd. 1.
AB1038-SSA1,65,221 b. A pharmacist acting under subd. 1. may not extend a prescription order to
22dispense more than a 30-day supply of the prescribed drug, except that if the drug
23is typically packaged in a form that requires a pharmacist to dispense the drug in a
24quantity greater than a 30-day supply, the pharmacist may extend the prescription

1order as necessary to dispense the drug in the smallest quantity in which it is
2typically packaged.
AB1038-SSA1,65,43 c. A pharmacist may not extend a prescription order under subd. 1. for a drug
4that is a controlled substance.
AB1038-SSA1,65,75 d. A pharmacist may not extend a prescription order under subd. 1. for a
6particular patient if a prescription order was previously extended under subd. 1. for
7that patient during the period described in subd. 3.
AB1038-SSA1,65,148 e. A pharmacist shall, at the earliest reasonable time after acting under subd.
91., notify the prescribing practitioner or his or her office, but is not required to
10attempt to procure a new prescription order or refill authorization for the drug by
11contacting the prescribing practitioner or his or her office prior to acting under subd.
121. After acting under subd. 1., the pharmacist may notify the patient or other
13individual that any further refills will require the authorization of a prescribing
14practitioner.
AB1038-SSA1,65,1715 3. This paragraph applies only during the period covered by a public health
16emergency declared by the governor under s. 323.10, including any extension.
17During that time, this paragraph supersedes par. (bm) to the extent of any conflict.
AB1038-SSA1,126 18Section 126. 601.83 (7) of the statutes is created to read:
AB1038-SSA1,65,2019 601.83 (7) COVID-19 costs. (a) In this subsection, “COVID-19” means an
20infection caused by the SARS-CoV-2 coronavirus.
AB1038-SSA1,65,2521 (b) Notwithstanding subs. (2) and (4) (a), from the appropriations under s.
2220.145 (5) (c) and (m), the commissioner may provide reinsurance payments to any
23eligible health carrier for costs related to COVID-19 incurred in benefit year 2020
24for any enrolled individual, regardless whether the costs exceed the attachment
25point set under sub. (2) for the enrollee individual.
AB1038-SSA1,66,3
1(c) Subject to par. (d), the commissioner may make payments for requests for
2costs related to COVID-19 that are submitted by an eligible health carrier in the
3manner established under sub. (5).
AB1038-SSA1,66,54 (d) An eligible health carrier shall comply with all of the following to receive
5a reinsurance payment under this subsection:
AB1038-SSA1,66,96 1. The carrier shall seek reinsurance from all other sources, including any
7federal funds or programs, before requesting reinsurance under this subsection. The
8carrier may not accept a reinsurance payment under this subsection if the costs for
9which reinsurance are requested have been paid by another source.
AB1038-SSA1,66,1110 2. The carrier shall exclude from annual reinsurance requests made under sub.
11(5) costs for which the carrier requested reinsurance under par. (c).
AB1038-SSA1,66,1512 (e) No later than September 30, 2020, the commissioner shall submit to the
13legislature under s. 13.172 (2) and the governor a report that specifies the
14requirements for an eligible health carrier to obtain a reinsurance payment under
15this subsection.
AB1038-SSA1,127 16Section 127. 609.205 of the statutes is created to read:
AB1038-SSA1,66,21 17609.205 Public health emergency. (1) All of the following apply to a defined
18network plan or preferred provider plan during a state of emergency related to public
19health declared under s. 323.10 or during a public health emergency declared under
2042 USC 247d by the secretary of the federal department of health and human
21services:
AB1038-SSA1,67,522 (a) The plan may not require an enrollee to pay, including cost sharing, for a
23service, treatment, or supply provided by a provider that is not a participating
24provider in the plan's network of providers more than the enrollee would pay if the
25service, treatment, or supply is provided by a provider that is a participating

1provider. This subsection applies to any service, treatment, or supply that is related
2to diagnosis or treatment for the condition for which the public health emergency is
3declared and to any service, treatment, or supply that is provided by a provider that
4is not a participating provider because a participating provider is unavailable due
5to the public health emergency.
AB1038-SSA1,67,106 (b) The plan shall reimburse a provider that is not a participating provider for
7a service, treatment, or supply provided under the circumstances described under
8par. (a) at 250 percent of the rate the federal Medicare program reimburses the
9provider for the same or a similar service, treatment, or supply in the same
10geographic area.
AB1038-SSA1,67,16 11(2) During a state of emergency related to public health declared under s.
12323.10 or during a public health emergency declared under 42 USC 247d by the
13secretary of the federal department of health and human services, all of the following
14apply to any health care provider or health care facility that provides a service,
15treatment, or supply to an enrollee of a defined network plan or preferred provider
16plan but is not a participating provider of that plan:
AB1038-SSA1,67,2017 (a) The health care provider or facility shall accept as payment in full any
18payment by a defined network plan or preferred provider plan that is at least 250
19percent of the rate the federal Medicare program reimburses the provider for the
20same or a similar service, treatment, or supply in the same geographic area.
AB1038-SSA1,67,2321 (b) The health care provider or facility may not charge the enrollee for the
22service, treatment, or supply an amount that exceeds the amount the provider or
23facility is reimbursed by the defined network plan or preferred provider plan.
AB1038-SSA1,67,25 24(3) The commissioner may promulgate any rules necessary to implement this
25section.
AB1038-SSA1,128
1Section 128. 609.719 of the statutes is created to read:
AB1038-SSA1,68,3 2609.719 Telehealth services. Limited service health organizations,
3preferred provider plans, and defined network plans are subject to s. 632.871.
AB1038-SSA1,129 4Section 129. 609.83 of the statutes is amended to read:
AB1038-SSA1,68,7 5609.83 Coverage of drugs and devices. Limited service health
6organizations, preferred provider plans, and defined network plans are subject to ss.
7632.853 and 632.895 (16t) and (16v).
AB1038-SSA1,130 8Section 130. 609.846 of the statutes is created to read:
AB1038-SSA1,68,11 9609.846 Discrimination based on COVID-19 prohibited. Limited service
10health organizations, preferred provider plans, and defined network plans are
11subject to s. 632.729.
AB1038-SSA1,131 12Section 131. 609.885 of the statutes is created to read:
AB1038-SSA1,68,14 13609.885 Coverage of COVID-19. Defined network plans, preferred provider
14plans, and limited service health organizations are subject to s. 632.895 (14g).
AB1038-SSA1,132 15Section 132. 625.12 (2) of the statutes is amended to read:
AB1038-SSA1,68,2416 625.12 (2) Classification. Risks Except as provided in s. 632.729, risks may
17be classified in any reasonable way for the establishment of rates and minimum
18premiums, except that no classifications may be based on race, color, creed or
19national origin, and classifications in automobile insurance may not be based on
20physical condition or developmental disability as defined in s. 51.01 (5). Subject to
21s. ss. 632.365 and 632.729, rates thus produced may be modified for individual risks
22in accordance with rating plans or schedules that establish reasonable standards for
23measuring probable variations in hazards, expenses, or both. Rates may also be
24modified for individual risks under s. 625.13 (2).
AB1038-SSA1,133 25Section 133 . 626.12 (4) of the statutes is created to read:
AB1038-SSA1,69,2
1626.12 (4) Claims for certain injuries based on presumption. Rates or rating
2plans may not take into account any injury found under s. 102.03 (1) (h) 2.
AB1038-SSA1,134 3Section 134. 628.34 (3) (a) of the statutes is amended to read:
AB1038-SSA1,69,104 628.34 (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-SSA1,135 11Section 135. 631.18 of the statutes is created to read:
AB1038-SSA1,69,16 12631.18 Cancellation during public health emergency. During a state of
13emergency related to public health declared by the governor under s. 323.10,
14notwithstanding any contrary provision of chs. 600 to 655, no insurer may cancel any
15policy of insurance for nonpayment of premiums until at least 90 days after the
16unpaid premium was due.
AB1038-SSA1,136 17Section 136. 632.729 of the statutes is created to read:
AB1038-SSA1,69,19 18632.729 Prohibiting discrimination based on COVID-19. (1)
19Definitions. In this section:
AB1038-SSA1,69,2020 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038-SSA1,69,2121 (b) “Health benefit plan” has the meaning given in s. 632.745 (11).
AB1038-SSA1,69,2222 (c) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
AB1038-SSA1,69,2323 (d) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
AB1038-SSA1,70,3 24(2) Issuance or renewal. (a) An insurer that offers an individual or group
25health benefit plan, a pharmacy benefit manager, or a self-insured health plan may

1not establish rules for the eligibility of any individual to enroll, for the continued
2eligibility of any individual to remain enrolled, or for the renewal of coverage under
3the plan based on a current or past diagnosis or suspected diagnosis of COVID-19.
AB1038-SSA1,70,94 (b) An insurer that offers a group health benefit plan, a pharmacy benefit
5manager, or a self-insured health plan may not establish rules for the eligibility of
6any employer or other group to enroll, for the continued eligibility of any employer
7or group to remain enrolled, or for the renewal of an employer's or group's coverage
8under the plan based on a current or past diagnosis or suspected diagnosis of
9COVID-19 of any employee or other member of the group.
AB1038-SSA1,70,13 10(3) Cancellation. An insurer that offers an individual or group health benefit
11plan, a pharmacy benefit manager, or a self-insured health plan may not use as a
12basis for cancellation of coverage during a contract term a current or past diagnosis
13of COVID-19 or suspected diagnosis of COVID-19.
AB1038-SSA1,70,17 14(4) Rates. An insurer that offers an individual or group health benefit plan,
15a pharmacy benefit manager, or a self-insured health plan may not use as a basis
16for setting rates for coverage a current or past diagnosis of COVID-19 or suspected
17diagnosis of COVID-19.
AB1038-SSA1,70,23 18(5) Premium grace period. An insurer that offers an individual or group health
19benefit plan, a pharmacy benefit manager, or a self-insured health plan may not
20refuse to grant to an individual, employer, or other group a grace period for the
21payment of a premium based on an individual's, employee's, or group member's
22current or past diagnosis of COVID-19 or suspected diagnosis of COVID-19 if a
23grace period for payment of premium would generally be granted under the plan.
AB1038-SSA1,137 24Section 137. 632.871 of the statutes is created to read:
AB1038-SSA1,70,25 25632.871 Telehealth services. (1) Definitions. In this section:
AB1038-SSA1,71,1
1(a) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).
AB1038-SSA1,71,22 (b) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
AB1038-SSA1,71,63 (c) “Telehealth” means a practice of health care delivery, diagnosis,
4consultation, treatment, or transfer of medically relevant data by means of audio,
5video, or data communications that are used either during a patient visit or
6consultation or are used to transfer medically relevant data about a patient.
AB1038-SSA1,71,10 7(2) Coverage denial prohibited. No disability insurance policy or self-insured
8health plan may deny coverage for a treatment or service provided through
9telehealth if that treatment or service is covered by the policy or plan when provided
10in person by a health care provider.
AB1038-SSA1,71,12 11(3) Rule making. The commissioner may promulgate any rules necessary to
12implement this section.
AB1038-SSA1,138 13Section 138. 632.895 (14g) of the statutes is created to read:
AB1038-SSA1,71,1514 632.895 (14g) Coverage of COVID-19 . (a) In this subsection, “COVID-19”
15means an infection caused by the SARS-CoV-2 coronavirus.
AB1038-SSA1,71,2116 (b) Every disability insurance policy, and every self-insured health plan of the
17state or of a county, city, town, village, or school district, that generally covers testing
18and treatment for infectious diseases shall provide coverage of testing and treatment
19for COVID-19, including any prescription drugs, and administration of any
20vaccination developed to prevent COVID-19 without imposing any copayment or
21coinsurance on the individual covered under the policy or plan.
AB1038-SSA1,139 22Section 139. 632.895 (16v) of the statutes is created to read:
AB1038-SSA1,72,423 632.895 (16v) Prohibiting coverage limitations on prescription drugs. (a)
24During a state of emergency related to public health declared by the governor under
25s. 323.10, an insurer offering a disability insurance policy that covers prescription

1drugs, a self-insured health plan of the state or of a county, city, town, village, or
2school district that covers prescription drugs, or a pharmacy benefit manager acting
3on behalf of a policy or plan may not do any of the following in order to maintain
4coverage of a prescription drug:
AB1038-SSA1,72,65 1. Require prior authorization for early refills of a prescription drug or
6otherwise restrict the period of time in which a prescription drug may be refilled.
AB1038-SSA1,72,87 2. Impose a limit on the quantity of prescription drugs that may be obtained
8if the quantity is no more than a 90-day supply.
AB1038-SSA1,72,109 (b) This subsection does not apply to a prescription drug that is a controlled
10substance, as defined in s. 961.01 (4).
AB1038-SSA1,140 11Section 140. 655.0025 of the statutes is created to read:
AB1038-SSA1,72,15 12655.0025 Participation during public health emergency. During a state
13of emergency declared under s. 323.10 related to public health all of the following
14apply to a physician or nurse anesthetist for whom this state is not a principal place
15of practice but who is authorized to practice in this state on a temporary basis:
AB1038-SSA1,72,19 16(1) The physician or nurse anesthetist may fulfill the requirements of s. 655.23
17(3) (a) by filing with the commissioner a certificate of insurance for a policy of health
18care liability insurance issued by an insurer that is authorized in a jurisdiction
19accredited by the National Association of Insurance Commissioners.
AB1038-SSA1,72,21 20(2) The physician or nurse anesthetist may elect, in the manner designated by
21the commissioner by rule under s. 655.004, to be subject to this chapter.
AB1038-SSA1,141 22Section 141. 704.17 (6) of the statutes is created to read:
AB1038-SSA1,73,423 704.17 (6) Public health emergency. (a) Notwithstanding subs. (1p) (a) and
24(2) (a), during any period covered by a public health emergency declared by the
25governor, including any extension under s. 323.10, and during the 45 days following

1that period, a landlord may not give a tenant who is in default of a rent payment a
2notice to pay rent or vacate within at least 5 days or a notice to vacate within at least
314 days that is based on a failure to pay rent and may not charge a late fee for a late
4payment of rent.
AB1038-SSA1,73,105 (b) If a landlord gave a tenant who is in default of a rent payment a notice to
6pay rent or vacate under sub. (1p) (a) or (2) (a) or a notice to vacate under sub. (1p)
7(a) before a period covered by a public health emergency declared by the governor,
8including any extension under s. 323.10, the days during that period and the 45 days
9following that period may not be counted in the 5 days to pay rent or 14 days to vacate
10under the notice.
AB1038-SSA1,142 11Section 142. 704.23 of the statutes is amended to read:
AB1038-SSA1,73,19 12704.23 Removal of tenant on termination of tenancy. If a tenant remains
13in possession without consent of the tenant's landlord after termination of the
14tenant's tenancy, the landlord may in every case proceed in any manner permitted
15by law to remove the tenant and recover damages for such holding over. This section
16does not apply if a tenant's tenancy has terminated because of a failure to pay rent
17prior to a period covered by a public health emergency declared by the governor, but
18the tenant has not yet been removed from the premises and a civil action of eviction
19has not yet been commenced.
AB1038-SSA1,143 20Section 143. 704.25 (1) of the statutes is amended to read:
AB1038-SSA1,74,321 704.25 (1) Removal and recovery of damages. If a tenant holds over after
22expiration of a lease, the landlord may in every case proceed in any manner
23permitted by law to remove the tenant and recover damages for such holding over.
24This subsection does not apply if a tenant's tenancy has terminated, but would not
25otherwise have expired, because of a failure to pay rent prior to a period covered by

1a public health emergency declared by the governor, the tenant has not yet been
2removed from the premises, and a civil action of eviction has not yet been
3commenced.
AB1038-SSA1,144 4Section 144. 799.24 (1m) of the statutes is created to read:
AB1038-SSA1,74,85 799.24 (1m) Public health emergency. Notwithstanding the provisions of sub.
6(1), during a period covered by a public health emergency declared by the governor,
7including any extension under s. 323.10, and during the 45 days following that
8period, no court may enter a judgment or order of eviction under sub. (1).
AB1038-SSA1,145 9Section 145. 799.40 (1c) of the statutes is created to read:
AB1038-SSA1,74,1710 799.40 (1c) Public health emergency. Notwithstanding sub. (1) or any other
11provision of this chapter, if a tenant's tenancy has terminated because of a failure to
12pay rent prior to a period covered by a public health emergency declared by the
13governor, but the tenant has not yet been removed from the premises and a civil
14action of eviction has not yet been commenced, the landlord may not commence a civil
15action of eviction based on the tenant's failure to pay rent during the period covered
16by the public health emergency, including any extension under s. 323.10, or during
17the 45 days following that period.
AB1038-SSA1,146 18Section 146. 799.44 (2m) of the statutes is created to read:
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