AB1038,72,16 159. Waiving prior authorization requirements for access to covered state plan or
16waiver benefits.
AB1038,72,21 1710. Expanding the authority under Section 1905 (a) of the federal Social
18Security Act regarding nonemergency transportation to allow for reimbursement of
19any eligible individual under the Medical Assistance program, additional vendors,
20transportation for caregivers going to provide services to recipients, and meal
21delivery to Medical Assistance recipients.
AB1038,72,23 2211. Waiving public notice requirements that would otherwise be applicable to
23state plan and waiver changes.
112. Modifying the tribal consultation timelines specified in the Medical
2Assistance state plan to allow for consultation at the next future tribal health
3director meeting.
AB1038,73,8 413. Modifying the requirement under 42 CFR 430.20 to submit the state plan
5amendment by March 31, 2020, to obtain an effective date during the first calendar
6quarter of 2020. The department of health services shall comply with s. 49.45 (2t)
7for any item included in the state plan amendment that is not specifically described
8in this subsection.
AB1038,73,11 914. Simplifying program administration by allowing for temporary state plan
10flexibilities rather than requiring states to go through the state plan amendment
11submission and approval process.
AB1038,73,13 1215. Waiving timely filing requirements for billing under 42 USC 1395cc and
131396a (a) (54) and 42 CFR 424.44 to allow time for providers to implement changes.
AB1038,73,15 1416. Expanding hospital presumptive eligibility to include the population over
15age 65 and disabled.
AB1038,73,18 1617. Allowing flexibility for submission of electronic signatures on behalf of a
17Medical Assistance recipient by application assistors if a signature cannot be
18captured in person.
AB1038,73,22 1918. Waiving requirements for managed care organizations to complete initial
20and periodic recredentialing of network providers if the providers meet Medical
21Assistance provider enrollment requirements during the 2019 novel coronavirus
22public health emergency.
AB1038,74,2 2319. Requiring managed care organizations to extend preexisting
24authorizations through which a Medical Assistance recipient has received prior

1authorization until the termination of the 2019 novel coronavirus public health
AB1038,74,4 320. Waiving sanctions under Section 1877 (g) of the Social Security Act relating
4to limitations on physician referral.
AB1038,74,6 521. Allowing flexibility in how a teaching physician is present with the patient
6and resident including real-time audio and video or access through a window.
AB1038,74,9 722. Waiving certain equipment requirements in hospital equipment
8maintenance requirement guidance issued on December 20, 2013, to maintain the
9health and safety of the hospitals' patients and providers.
AB1038,74,12 1023. Creating provisions allowing for additional flexibilities to allow for the use
11in nursing homes of physician extenders in place of medical directors and attending
12physicians and telehealth options.
AB1038,74,14 1324. Waiving notice of transfers within a nursing home due to medically
14necessary protection from the 2019 novel coronavirus.
AB1038,74,16 1525. Waiving requirements to document sufficient preparation and orientation
16to residents to ensure a safer and orderly intrafacility nursing home transfer.
AB1038,74,17 1726. Waiving requirements for a nursing home bedhold policy.
AB1038,74,19 1827. Waiving the requirements for nursing home in-service education under 42
19CFR 483.35
(d) (7).
AB1038,74,21 2028. Waiving nurse staffing information and posting of that information for
21nursing homes.
AB1038,74,23 2229. Suspending the requirement that a pharmacist go monthly to the nursing
23home to do record review.
130. Waiving or lessening requirements for a paid feeding assistant program in
2nursing homes and setting guidelines for training to assist with the 2019 novel
3coronavirus pandemic.
AB1038,75,5 431. Waiving the annual and quarterly screening of fire extinguishers and any
5other annual maintenance review for nursing homes.
AB1038,75,7 632. Allowing all clinical hours required under 42 CFR 483.152 (a) (3) to be
7online simulation.
AB1038,75,9 833. Waiving under 42 CFR 483.151 (b) (2) the loss of the Nurse Aide Training
9and Competency Evaluation Program.
AB1038,75,11 1034. Waiving the requirements under 42 CFR 483.160 for training of paid
11feeding assistants.
AB1038,75,13 1235. Allowing home health agencies to perform certifications, initial
13assessments, and determine homebound status remotely or by record review.
AB1038,75,19 1436. Waiving life safety codes for intermediate care facilities for individuals with
15intellectual disabilities under 42 CFR 483.70 and for hospitals, hospices, nursing
16homes, critical access hospitals and intermediate care facilities for individuals with
17intellectual disabilities relating to fire alarm system maintenance and testing,
18automatic sprinkler and standpipe system inspection, testing, and maintenance,
19and inspection and maintenance of portable fire extinguishers.
AB1038,75,21 2037. Relating to the home and community-based waiver programs of Family
21Care, IRIS, and Children's Long-Term Supports, any of the following:
AB1038,75,24 22a. Allowing all waiver services and administrative requirements that that can
23be provided with the same functional equivalency of face-to-face services to occur
1b. Removing the requirement to complete a 6-month progress report to
2reauthorize prevocational service.
AB1038,76,4 3c. Removing the limitation that quotes from at least 3 providers must be
4obtained and submitted for home modifications.
AB1038,76,6 5d. Removing the limitation preventing supportive home care from being
6provided in adult family homes and residential care apartment complexes.
AB1038,76,8 7e. Removing the limitation preventing personal or nursing services for
8recipients in residential care apartment complexes.
AB1038,76,10 9f. Removing the limitation that participants cannot receive other waiver
10services on the same day as receiving respite care.
AB1038,76,12 11g. Allowing adult day service providers, prevocational providers, and
12supported employment providers to provide services in alternate settings.
AB1038,76,15 13h. Allowing up to 3 meals per day for home delivered meals for Family Care and
14IRIS program enrollees and adding home delivered meals as a benefit in the
15Children's Long-Term Supports waiver.
AB1038,76,17 16i. Removing the limitation on using moneys to relocate individuals from an
17institution or family home to an independent living arrangement.
AB1038,76,19 18j. Allowing any individual with an intellectual or developmental disability to
19reside in a community-based residential facility with greater than 8 beds.
AB1038,76,22 20k. Modifying the scope of the child care benefit to allow for the provision of child
21care payments for children under the age of 12 in the program for direct care workers
22and medical workers who need access to child care during the emergency.
AB1038,76,24 23l. Allowing for all home and community-based waiver services to be provided
24in temporary settings.
1m. Allowing home and community-based waiver services to be provided
2temporarily in an acute care hospital or in a short-term institutional stay.
AB1038,77,4 3n. Allowing payment for home and community-based waiver services provided
4in settings outside this state.
AB1038,77,6 5o. Allowing general retailers to provide assistive technology or communication
AB1038,77,8 7p. Allowing providers certified or licensed in other states or enrolled in the
8Medicare program to perform the same or comparable services in this state.
AB1038,77,9 9q. Delaying provider licensing or certification reviews.
AB1038,77,11 10r. Allowing the department of health services to waive provider qualifications
11as necessary to increase the pool of available providers.
AB1038,77,12 12s. Allowing 4-year background checks to be delayed.
AB1038,77,14 13t. Expanding transportation providers to include individual and
14transportation network companies.
AB1038,77,15 15u. Allowing noncertified individuals to provide home delivered meals.
AB1038,77,16 16v. Allowing nursing students to provide allowable nursing services.
AB1038,77,19 17w. Allowing parents to be paid caregivers for their minor children in the
18Children's Long-Term Supports program when providing a service that would
19otherwise have been performed and paid for by a provider.
AB1038,77,20 20x. Allowing for qualified individuals to provide training to unpaid caregivers.
AB1038,77,21 21y. Waiving choice of provider requirements.
AB1038,77,23 22z. Waiving the managed care network adequacy requirements under 42 CFR
and 438.207.
AB1038,77,2524 za. Waiving requirements to complete initial and required periodic
25credentialing of network providers.
1zb. Adding a verbal and electronic method to signing required documents.
AB1038,78,42 zc. Allowing the option to conduct evaluations, assessments, and
3person-centered service planning meetings virtually or remotely in lieu of
4face-to-face meetings.
AB1038,78,55 zd. Allowing the lessening of prior approval or authorization requirements.
AB1038,78,76 ze. Allowing for data entry of incidents into the incident reporting system
7outside of typical timeframes.
AB1038,78,98 zf. Waiving the requirement to distribute member-centered plans to essential
AB1038,78,1310 zg. Allowing the department of health services to draw federal financing match
11for payments, such as hardship or supplemental payments, to stabilize and retain
12providers who suffer extreme disruptions to their standard business model or
13revenue streams as a result of the 2019 novel coronavirus.
AB1038,78,1514 zh. Allowing the department of health services to waive participant liability for
15room and board when temporarily sheltered at noncertified facilities.
AB1038,78,1716 zi. Allowing payment for home and community-based waiver services that are
17not documented in the recipient's plan.
AB1038,78,2218 zj. Allowing managed care enrollees to proceed almost immediately to a state
19fair hearing without having a managed care plan resolve the appeal first by
20permitting the department of health services to modify the timeline for managed
21care plans to resolve appeals to one day so the impacted appeals satisfy the
22exhaustion requirements and give enrollees more time to request a fair hearing.
AB1038,78,2423 zk. Waiving public notice requirements that would otherwise be applicable to
24waiver changes.
1zl. Modifying the tribal consultation timelines to allow for consultation at the
2next future tribal health directors meeting.
AB1038,79,33 zm. Waiving timelines for reports, required surveys, and notifications.
AB1038,79,44 zn. Allowing the extension of the certification period of level-of-care screeners.
AB1038,79,75 zo. Allowing the waiver of requirements related to home and community-based
6settings on a case by case basis in order to ensure the health, safety and welfare of
7affected beneficiaries under 42 CFR 441.301 (c) (4).
AB1038,79,98 zp. Applying any provisions under this paragraph automatically to the
9concurrent 1915 (b) waiver.
AB1038,79,1110 zq. Allowing the waiver enrollment or eligibility changes based on a completed
11functional screen resulting in a change in level-of-care.
AB1038,79,1312 zr. Allowing for continued enrollment in the Children's Long-Term Supports
13program past the ages of 18 and 21.
AB1038,79,1414 zs. Allowing the suspension of involuntary disenrollment.
AB1038,79,1915 (b) The department of health services may implement any of the items specified
16in par. (a) only on a temporary basis to address the 2019 novel coronavirus pandemic
17for which the public health emergency described in par. (a) is declared, and any
18extension or renewal of the items in par. (a ) shall comply with s. 20.940 and, if
19applicable, s. 49.45 (2t).
AB1038,79,2520 (11) Audit of programs and expenditures. Beginning July 1, 2020, and ending
21June 30, 2021, the legislative audit bureau shall use risk-based criteria to review
22selected programs affected by this act and selected expenditures made with funds
23authorized by this act and report the results of its reviews at least quarterly to the
24chief clerk of each house of the legislature and to the joint legislative audit
1(13) Communications limitations under campaign finance law. Section 11.1205
2(1) does not apply to communications made during, or within 30 days after
3termination of, the public health emergency declared on March 12, 2020, by
4executive order 72, if the communications relate to the public health emergency.
AB1038,80,155 (14) Authority to waive interest and penalties for general fund and
6transportation fund taxes.
For any person who fails to remit a covered tax or fee
7by the date required by law, the secretary of revenue may waive, on a case-by-case
8basis, any penalty or interest that accrues during the applicable period if the date
9required by law for the remittance is during the applicable period and the secretary
10determines that the person's failure is due to the effects of the COVID-19 pandemic.
11For purposes of this subsection, “applicable period” means the period covered by the
12public health emergency declared on March 12, 2020, by executive order 72, and
13“covered tax or fee” means a tax that is deposited or expected to be deposited into the
14general fund or a tax or fee that is deposited or expected to be deposited into the
15transportation fund.
AB1038,80,1616 (15) Autopsies and cremation of bodies of persons who died of COVID-19.
AB1038,80,1817 (a) Definition. In this subsection, “COVID-19” means an infection caused by
18the SARS-CoV-2 coronavirus.
AB1038,80,2519 (b) Viewing of a corpse to be cremated following death from COVID-19.
20Notwithstanding s. 979.10 (1) (b), for the duration of the public health emergency
21declared on March 12, 2020, by executive order 72, if any physician, coroner, or
22medical examiner has signed the death certificate of a deceased person and listed
23COVID-19 as the underlying cause of death, a coroner or medical examiner shall
24issue a cremation permit to cremate the corpse of that deceased person without
25viewing the corpse.
1(c) Time for cremation of a person who has died of COVID-19. Notwithstanding
2s. 979.10 (1) (a) (intro.), for the duration of the public health emergency declared on
3March 12, 2020, by executive order 72, if a physician, coroner, or medical examiner
4has signed the death certificate of a deceased person and listed COVID-19 as the
5underlying cause of death, a coroner or medical examiner shall issue, within 48 hours
6after the time of death, a cremation permit for the cremation of a corpse of a deceased
AB1038,81,168 (d) Examination of the body of an inmate who has died of COVID-19.
9Notwithstanding s. 979.025, for the duration of the public health emergency declared
10on March 12, 2020, by executive order 72, if an individual who has been diagnosed
11with COVID-19 dies while he or she is in the legal custody of the department of
12corrections and confined to a correctional facility located in this state, the coroner or
13medical examiner may perform a limited examination of the deceased individual
14instead of a full autopsy, which may include an external examination of the body of
15the deceased individual, a review of the deceased individual's medical records, or a
16review of the deceased individual's radiographs.
AB1038,81,2217 (e) Requiring electronic signature on death certificates with 48 hours if death
18is caused by COVID-19.
Notwithstanding s. 69.18 or any other requirements to the
19contrary, during the public health emergency declared on March 12, 2020, by
20executive order 72, if the underlying cause of a death is determined to be COVID-19,
21the person required to sign the death certificate shall provide an electronic signature
22on the death certificate within 48 hours after the death occurs.
AB1038,81,2323 (16) Credential renewal during COVID-19 emergency.
AB1038,82,224 (a) Definition. In this subsection, “emergency period” means the period covered
25by the state of emergency related to public health declared by the governor on March

112, 2020, by executive order 72, and for the 60 days following the date that the state
2of emergency is terminated.
AB1038,82,153 (b) Emergency medical services renewals. Notwithstanding s. 256.15 (6) (b) and
4(c), (8) (c) and (cm), and (10), during the emergency period, the department of health
5services may not require an ambulance service provider, emergency medical services
6practitioner, or emergency medical responder that holds a license, training permit,
7or certificate under s. 256.15 that has not been suspended or revoked to renew that
8license, training permit, or certificate or impose renewal requirements, such as
9continuing education, on an ambulance service provider, emergency medical services
10practitioner, or emergency medical responder that holds a license, training permit,
11or certificate under s. 256.15. A renewal that occurs after the emergency period is
12not considered a late renewal if the application to renew the credential is received
13before the next applicable renewal date. The department of health services may, for
14that next applicable renewal date, provide an exemption from or reduction of
15continuing education or other conditions for renewal.
AB1038,82,2116 (17) Child Care and Development Fund block grant funds. The federal Child
17Care and Development Fund block grant funds received under the federal
18Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, shall be credited
19to the appropriations under s. 20.437 (1) (mc) and (md). No moneys credited under
20this subsection may be encumbered or expended except as provided under s. 16.54
21(2) (a) 2.
AB1038,83,222 (18) Eligibility for local fair aids. Notwithstanding s. 93.23 (1) (c), each
23agricultural society, board, or association that received aid under s. 93.23 in 1950
24shall continue to remain eligible for aid if a fair operated by the society, board, or

1association is not held during 2020 because of the public health emergency declared
2on March 12, 2020, by executive order 72.