AB1038,68,88 (b) Temporary emergency credentials.
AB1038,68,10 91. The department may grant a temporary credential to a health care provider
10if all of the following apply:
AB1038,68,11 11a. The health care provider submits an application to the department.
AB1038,68,15 12b. The department determines that the health care provider satisfies the
13eligibility requirements for the credential and is fit to practice after conducting an
14investigation of the health care provider's arrest or conviction record and record of
15professional discipline.
AB1038,68,18 162. The department may determine the appropriate scope of the review under
17subd. 1. b. of the background of a health care provider who applies for a temporary
18credential under this paragraph.
AB1038,68,21 193. If the department denies a health care provider's application for a temporary
20credential under this paragraph, the department shall notify the health care
21provider of the reason for the denial.
AB1038,68,25 224. Notwithstanding ss. 441.06 (4), 441.15 (2), 447.03 (1) and (2), 448.03 (1) (a),
23(b), and (c) and (1m), and 450.03 (1), a health care provider granted a temporary
24credential under this paragraph may provide services for which the health care
25provider is licensed or certified.
15. A health care provider who provides services authorized by a temporary
2credential granted under this paragraph shall maintain malpractice insurance that
3satisfies the requirements of the profession for which the health care provider is
4licensed or certified.
AB1038,69,7 56. A temporary credential granted under this paragraph expires 90 days after
6the conclusion of the period covered by the public health emergency declared on
7March 12, 2020, by executive order 72.
AB1038,69,168 (7) Authority to waive fees. Notwithstanding s. 440.05 and the applicable fee
9provisions in chs. 440 to 480, during the period covered by the public health
10emergency declared on March 12, 2020, by executive order 72, the department may
11waive fees for applications for an initial credential and renewal of a credential for
12registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians,
13physician assistants, perfusionists, respiratory care practitioners, pharmacists,
14psychologists, clinical social workers, independent social workers, social workers,
15marriage and family therapists, professional counselors, and clinical substance
16abuse counselors.
AB1038,69,1717 (8) Position transfers.
AB1038,69,1818 (a) In this subsection:
AB1038,69,20 191. “Emergency period” means the period covered by the public health
20emergency declared on March 12, 2020, by executive order 72.
AB1038,69,22 212. “State agency” means any office, commission, board, department, or
22independent agency in the executive branch of state government.
AB1038,70,423 (b) During the emergency period, the secretary of administration may transfer
24any employee from one state agency to another state agency to provide services for
25the receiving state agency. The receiving state agency shall pay all salary and fringe

1benefit costs of the employee during the time he or she is providing services for the
2receiving state agency. Any action by the secretary under this paragraph shall
3remain in effect until rescinded by the secretary or 90 days after the public health
4emergency is terminated, whichever is earliest.
AB1038,70,95 (c) If an employee is transferred under par. (b), the receiving agency may not
6increase the employee's salary at the time of transfer or during the time he or she is
7providing services for the receiving agency and the transferring agency may not
8increase the employee's salary at the time the employee returns to the transferring
AB1038,70,1510 (d) The secretary of administration shall submit a report to the joint committee
11on finance no later than June 1, 2020, and on the first day of each subsequent month
12during the emergency period, that provides information on all employee transfers
13under par. (b). The report shall specify the number of employees transferred, the title
14of each employee transferred, the title the employee assumed at the receiving agency,
15and the reasons for each employee transfer.
AB1038,70,1616 (9) Loans to municipal utilities.
AB1038,70,1717 (a) Definitions. In this subsection:
AB1038,70,18 181. “Board” means the board of commissioners of public lands.
AB1038,70,20 192. “COVID-19 public health emergency” means the public health emergency
20declared on March 12, 2020, by executive order 72.
AB1038,70,22 213. “Emergency period” means the period covered by the COVID-19 public
22health emergency, plus 60 days.
AB1038,70,23 234. “Municipal utility” has the meaning given in s. 196.377 (2) (a) 3.
AB1038,70,2424 (b) Loans.
11. The board may loan moneys under its control or belonging to the trust funds
2to a municipal utility to ensure that the municipal utility is able to maintain liquidity
3during the emergency period. The loan shall be for the sum of money, for the time,
4and upon the conditions as may be agreed upon between the board and the borrower.
AB1038,71,6 52. The legislature finds and determines that the loans authorized under this
6subsection serve a public purpose.
AB1038,71,77 (10) Legislative oversight of the Medical Assistance program.
AB1038,71,148 (a) Section 20.940 does not apply to a request for a waiver, amendment to a
9waiver, or other federal approval from the department of health services submitted
10to the federal department of health and human services during the public health
11emergency declared under 42 USC 247d by the secretary of the federal department
12of health and human services on January 31, 2020, in response to the 2019 novel
13coronavirus, only if the request is any of the following, relating to the Medical
14Assistance program:
AB1038,71,16 151. Allowing providers to receive payments for services provided in alternative
16settings to recipients affected by 2019 novel coronavirus.
AB1038,71,18 172. Waiving preadmission screening and annual resident review requirements
18when recipients are transferred.
AB1038,71,21 193. Allowing hospitals who hold a state license but have not yet received
20accreditation from the Joint Commission to bill the Medical Assistance program
21during the 2019 novel coronavirus public health emergency.
AB1038,71,24 224. Waiving payment of the application fee to temporarily enroll a provider for
2390 days or until the termination of the 2019 novel coronavirus public health
24emergency, whichever is longer.
15. Waiving pre-enrollment criminal background checks for providers that are
2enrolled in the Medicare program to temporarily enroll the provider in the Medical
3Assistance program for 90 days or until the termination of the 2019 novel
4coronavirus public health emergency, whichever is longer.
AB1038,72,7 56. Waiving site visit requirements to temporarily enroll a provider for 90 days
6or until the termination of 2019 novel coronavirus public health emergency,
7whichever is longer.
AB1038,72,11 87. Ceasing revalidation of providers who are enrolled in the Medical Assistance
9program or otherwise directly impacted by the 2019 novel coronavirus public health
10emergency for 90 days or until termination of the public health emergency,
11whichever is longer.
AB1038,72,14 128. Waiving the requirement that physicians and other health care professionals
13be licensed in the state in which they are providing services if they have equivalent
14licensing in another state or are enrolled in the federal Medicare program.
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.