22. Waiving certain equipment requirements in hospital equipment 8
maintenance requirement guidance issued on December 20, 2013, to maintain the 9
health and safety of the hospitals' patients and providers.
23. Creating provisions allowing for additional flexibilities to allow for the use 11
in nursing homes of physician extenders in place of medical directors and attending 12
physicians and telehealth options.
24. Waiving notice of transfers within a nursing home due to medically 14
necessary protection from the 2019 novel coronavirus.
25. Waiving requirements to document sufficient preparation and orientation 16
to residents to ensure a safer and orderly intrafacility nursing home transfer.
26. Waiving requirements for a nursing home bedhold policy.
27. Waiving the requirements for nursing home in-service education under 42
28. Waiving nurse staffing information and posting of that information for 21
29. Suspending the requirement that a pharmacist go monthly to the nursing 23
home to do record review.
30. Waiving or lessening requirements for a paid feeding assistant program in 2
nursing homes and setting guidelines for training to assist with the 2019 novel 3
31. Waiving the annual and quarterly screening of fire extinguishers and any 5
other annual maintenance review for nursing homes.
32. Allowing all clinical hours required under 42 CFR 483.152
(a) (3) to be 7
33. Waiving under 42 CFR 483.151
(b) (2) the loss of the Nurse Aide Training 9
and Competency Evaluation Program.
34. Waiving the requirements under 42 CFR 483.160
for training of paid 11
35. Allowing home health agencies to perform certifications, initial 13
assessments, and determine homebound status remotely or by record review.
36. Waiving life safety codes for intermediate care facilities for individuals with 15
intellectual disabilities under 42 CFR 483.70
and for hospitals, hospices, nursing 16
homes, critical access hospitals and intermediate care facilities for individuals with 17
intellectual disabilities relating to fire alarm system maintenance and testing, 18
automatic sprinkler and standpipe system inspection, testing, and maintenance, 19
and inspection and maintenance of portable fire extinguishers.
37. Relating to the home and community-based waiver programs of Family 21
Care, IRIS, and Children's Long-Term Supports, any of the following:
a. Allowing all waiver services and administrative requirements that that can 23
be provided with the same functional equivalency of face-to-face services to occur 24
b. Removing the requirement to complete a 6-month progress report to 2
reauthorize prevocational service.
c. Removing the limitation that quotes from at least 3 providers must be 4
obtained and submitted for home modifications.
d. Removing the limitation preventing supportive home care from being 6
provided in adult family homes and residential care apartment complexes.
e. Removing the limitation preventing personal or nursing services for 8
recipients in residential care apartment complexes.
f. Removing the limitation that participants cannot receive other waiver 10
services on the same day as receiving respite care.
g. Allowing adult day service providers, prevocational providers, and 12
supported employment providers to provide services in alternate settings.
h. Allowing up to 3 meals per day for home delivered meals for Family Care and 14
IRIS program enrollees and adding home delivered meals as a benefit in the 15
Children's Long-Term Supports waiver.
i. Removing the limitation on using moneys to relocate individuals from an 17
institution or family home to an independent living arrangement.
j. Allowing any individual with an intellectual or developmental disability to 19
reside in a community-based residential facility with greater than 8 beds.
k. Modifying the scope of the child care benefit to allow for the provision of child 21
care payments for children under the age of 12 in the program for direct care workers 22
and medical workers who need access to child care during the emergency.
l. Allowing for all home and community-based waiver services to be provided 24
in temporary settings.
m. Allowing home and community-based waiver services to be provided 2
temporarily in an acute care hospital or in a short-term institutional stay.
n. Allowing payment for home and community-based waiver services provided 4
in settings outside this state.
o. Allowing general retailers to provide assistive technology or communication 6
p. Allowing providers certified or licensed in other states or enrolled in the 8
Medicare program to perform the same or comparable services in this state.
q. Delaying provider licensing or certification reviews.
r. Allowing the department of health services to waive provider qualifications 11
as necessary to increase the pool of available providers.
s. Allowing 4-year background checks to be delayed.
t. Expanding transportation providers to include individual and 14
transportation network companies.
u. Allowing noncertified individuals to provide home delivered meals.
v. Allowing nursing students to provide allowable nursing services.
w. Allowing parents to be paid caregivers for their minor children in the 18
Children's Long-Term Supports program when providing a service that would 19
otherwise have been performed and paid for by a provider.
x. Allowing for qualified individuals to provide training to unpaid caregivers.
y. Waiving choice of provider requirements.
z. Waiving the managed care network adequacy requirements under 42 CFR
za. Waiving requirements to complete initial and required periodic 25
credentialing of network providers.
zb. Adding a verbal and electronic method to signing required documents.
zc. Allowing the option to conduct evaluations, assessments, and 3
person-centered service planning meetings virtually or remotely in lieu of 4
zd. Allowing the lessening of prior approval or authorization requirements.
ze. Allowing for data entry of incidents into the incident reporting system 7
outside of typical timeframes.
zf. Waiving the requirement to distribute member-centered plans to essential 9
zg. Allowing the department of health services to draw federal financing match 11
for payments, such as hardship or supplemental payments, to stabilize and retain 12
providers who suffer extreme disruptions to their standard business model or 13
revenue streams as a result of the 2019 novel coronavirus.
zh. Allowing the department of health services to waive participant liability for 15
room and board when temporarily sheltered at noncertified facilities.
zi. Allowing payment for home and community-based waiver services that are 17
not documented in the recipient's plan.
zj. Allowing managed care enrollees to proceed almost immediately to a state 19
fair hearing without having a managed care plan resolve the appeal first by 20
permitting the department of health services to modify the timeline for managed 21
care plans to resolve appeals to one day so the impacted appeals satisfy the 22
exhaustion requirements and give enrollees more time to request a fair hearing.
zk. Waiving public notice requirements that would otherwise be applicable to 24
zl. Modifying the tribal consultation timelines to allow for consultation at the 2
next future tribal health directors meeting.
zm. Waiving timelines for reports, required surveys, and notifications.
zn. Allowing the extension of the certification period of level-of-care screeners.
zo. Allowing the waiver of requirements related to home and community-based 6
settings on a case by case basis in order to ensure the health, safety and welfare of 7
affected beneficiaries under 42 CFR 441.301
zp. Applying any provisions under this paragraph automatically to the 9
concurrent 1915 (b) waiver.
zq. Allowing the waiver enrollment or eligibility changes based on a completed 11
functional screen resulting in a change in level-of-care.
zr. Allowing for continued enrollment in the Children's Long-Term Supports 13
program past the ages of 18 and 21.
zs. Allowing the suspension of involuntary disenrollment.
(b) The department of health services may implement any of the items specified 16
in par. (a) only on a temporary basis to address the 2019 novel coronavirus pandemic 17
for which the public health emergency described in par. (a) is declared, and any 18
extension or renewal of the items in par. (a
) shall comply with s. 20.940 and, if 19
applicable, s. 49.45 (2t).
(11) Audit of programs and expenditures.
Beginning July 1, 2020, and ending 21
June 30, 2021, the legislative audit bureau shall use risk-based criteria to review 22
selected programs affected by this act and selected expenditures made with funds 23
authorized by this act and report the results of its reviews at least quarterly to the 24
chief clerk of each house of the legislature and to the joint legislative audit 25
(13) Communications limitations under campaign finance law.
Section 11.1205 2
(1) does not apply to communications made during, or within 30 days after 3
termination of, the public health emergency declared on March 12, 2020, by 4
executive order 72, if the communications relate to the public health emergency.
(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 7
by the date required by law, the secretary of revenue may waive, on a case-by-case 8
basis, any penalty or interest that accrues during the applicable period if the date 9
required by law for the remittance is during the applicable period and the secretary 10
determines that the person's failure is due to the effects of the COVID-19 pandemic. 11
For purposes of this subsection, “applicable period” means the period covered by the 12
public 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 14
general fund or a tax or fee that is deposited or expected to be deposited into the 15
(15) Autopsies and cremation of bodies of persons who died of COVID-19.
In this subsection, “COVID-19” means an infection caused by 18
the SARS-CoV-2 coronavirus.
(b) Viewing of a corpse to be cremated following death from COVID-19. 20
Notwithstanding s. 979.10 (1) (b), for the duration of the public health emergency 21
declared on March 12, 2020, by executive order 72, if any physician, coroner, or 22
medical examiner has signed the death certificate of a deceased person and listed 23
COVID-19 as the underlying cause of death, a coroner or medical examiner shall 24
issue a cremation permit to cremate the corpse of that deceased person without 25
viewing the corpse.
(c) Time for cremation of a person who has died of COVID-19.
s. 979.10 (1) (a) (intro.), for the duration of the public health emergency declared on 3
March 12, 2020, by executive order 72, if a physician, coroner, or medical examiner 4
has signed the death certificate of a deceased person and listed COVID-19 as the 5
underlying cause of death, a coroner or medical examiner shall issue, within 48 hours 6
after the time of death, a cremation permit for the cremation of a corpse of a deceased 7
(d) Examination of the body of an inmate who has died of COVID-19. 9
Notwithstanding s. 979.025, for the duration of the public health emergency declared 10
on March 12, 2020, by executive order 72, if an individual who has been diagnosed 11
with COVID-19 dies while he or she is in the legal custody of the department of 12
corrections and confined to a correctional facility located in this state, the coroner or 13
medical examiner may perform a limited examination of the deceased individual 14
instead of a full autopsy, which may include an external examination of the body of 15
the deceased individual, a review of the deceased individual's medical records, or a 16
review of the deceased individual's radiographs.
(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 19
contrary, during the public health emergency declared on March 12, 2020, by 20
executive order 72, if the underlying cause of a death is determined to be COVID-19, 21
the person required to sign the death certificate shall provide an electronic signature 22
on the death certificate within 48 hours after the death occurs.
(16) Credential renewal during COVID-
In this subsection, “emergency period” means the period covered 25
by the state of emergency related to public health declared by the governor on March
12, 2020, by executive order 72, and for the 60 days following the date that the state 2
of emergency is terminated.
(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 5
services may not require an ambulance service provider, emergency medical services 6
practitioner, or emergency medical responder that holds a license, training permit, 7
or certificate under s. 256.15 that has not been suspended or revoked to renew that 8
license, training permit, or certificate or impose renewal requirements, such as 9
continuing education, on an ambulance service provider, emergency medical services 10
practitioner, or emergency medical responder that holds a license, training permit, 11
or certificate under s. 256.15. A renewal that occurs after the emergency period is 12
not considered a late renewal if the application to renew the credential is received 13
before the next applicable renewal date. The department of health services may, for 14
that next applicable renewal date, provide an exemption from or reduction of 15
continuing education or other conditions for renewal.
(17) Child Care and Development Fund block grant funds.
The federal Child 17
Care and Development Fund block grant funds received under the federal 18
Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136
, shall be credited 19
to the appropriations under s. 20.437 (1) (mc) and (md). No moneys credited under 20
this subsection may be encumbered or expended except as provided under s. 16.54 21
(2) (a) 2.
(18) Eligibility for local fair aids.
Notwithstanding s. 93.23 (1) (c), each 23
agricultural society, board, or association that received aid under s. 93.23 in 1950 24
shall continue to remain eligible for aid if a fair operated by the society, board, or
association is not held during 2020 because of the public health emergency declared 2
on March 12, 2020, by executive order 72.
(19) Applications for heating assistance.
Households may apply for heating 4
assistance under s. 16.27 (4) (a) at any time during calendar year 2020.
(20) Pay-for-performance; health information exchange.
The department of 6
health services shall develop for the Medical Assistance program a payment system 7
based on performance to incentivize participation in health information data sharing 8
to facilitate better patient care, reduced costs, and easier access to patient 9
information. The department shall establish performance metrics for the payment 10
system under this subsection that satisfy all of the following:
(a) The metric shall include participation by providers in a health information 12
exchange at a minimum level of patient record access.
(b) The payment under the payment system shall increase as the participation 14
level in the health information exchange increases.
(c) The payment system shall begin in the 2021 rate year.
(d) For purposes of this payment system, the department shall seek any 17
available federal moneys, including any moneys available for this purpose under the 18
the federal Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136
, to 19
assist small, rural providers with the costs of information technology setup to 20
participate in the health information exchange.
(21) Pupil assessments; public health emergency exception for the 2019-20
Sections 115.7915 (5) (b) and (6) (j), 118.30 (1m), (1r), (1s), and (1t), 23
118.40 (2r) (d) 2. and (2x) (d) 2., 118.60 (7) (b) 1., 119.23 (7) (b) 1., and 121.02 (1) (r) 24
and (s) do not apply in the 2019-20 school year.
(22) Direct hours of instruction; waiver for private schools.
In the 2019-20 2
school year, the governing body of a private school may request the department to 3
waive any requirement related to providing hours of instruction in chs. 115 to 121, 4
including the requirements in ss. 118.165 (1) (c), 118.60 (2) (a) 8., and 119.23 (2) (a) 5
8., or in administrative rules promulgated by the department under the authority of 6
(23) Statewide parental choice program; applications for the 2020-21 school
(a) Notwithstanding s. 118.60 (3) (ar) 1., a private school that submitted a 10
notice of intent to participate under s. 118.60 (2) (a) 3. a. by January 10, 2020, may 11
accept applications for the 2020-21 school year until May 14, 2020, from pupils who 12
reside in a school district, other than an eligible school district, as defined in s. 118.60 13
(1) (am), or a 1st class city school district.
(b) Notwithstanding s. 118.60 (3) (ar) 2., each private school that receives 15
applications under s. 118.60 (3) (ar) 1. for the 2020-21 school year by the deadline 16
under par. (a), shall report the information required under s. 118.60 (3) (ar) 2. to the 17
department of public instruction by May 29, 2020.
(24) Full-time open enrollment; applications for the 2020-21 school year. 19
Notwithstanding s. 118.51 (3) (a) and (b), (8), and (14) (b), all of the following apply 20
to applications to attend a public school in a nonresident school district under s. 21
118.51 in the 2020-21 school year:
(a) The deadline for a parent of a pupil to submit an application to a nonresident 23
school district under s. 118.51 (3) (a) 1. is May 29, 2020.