(b) Temporary emergency credentials.
1. The department may grant a temporary credential to a health care provider 10
if all of the following apply:
a. The health care provider submits an application to the department.
b. The department determines that the health care provider satisfies the 13
eligibility requirements for the credential and is fit to practice after conducting an 14
investigation of the health care provider's arrest or conviction record and record of 15
2. The department may determine the appropriate scope of the review under 17
subd. 1. b. of the background of a health care provider who applies for a temporary 18
credential under this paragraph.
3. If the department denies a health care provider's application for a temporary 20
credential under this paragraph, the department shall notify the health care 21
provider of the reason for the denial.
4. 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 24
credential under this paragraph may provide services for which the health care 25
provider is licensed or certified.
5. A health care provider who provides services authorized by a temporary 2
credential granted under this paragraph shall maintain malpractice insurance that 3
satisfies the requirements of the profession for which the health care provider is 4
licensed or certified.
6. A temporary credential granted under this paragraph expires 90 days after 6
the conclusion of the period covered by the public health emergency declared on 7
March 12, 2020, by executive order 72.
(7) Authority to waive fees.
Notwithstanding s. 440.05 and the applicable fee 9
provisions in chs. 440 to 480, during the period covered by the public health 10
emergency declared on March 12, 2020, by executive order 72, the department may 11
waive fees for applications for an initial credential and renewal of a credential for 12
registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians, 13
physician assistants, perfusionists, respiratory care practitioners, pharmacists, 14
psychologists, clinical social workers, independent social workers, social workers, 15
marriage and family therapists, professional counselors, and clinical substance 16
(8) Position transfers.
(a) In this subsection:
1. “Emergency period” means the period covered by the public health 20
emergency declared on March 12, 2020, by executive order 72.
2. “State agency” means any office, commission, board, department, or 22
independent agency in the executive branch of state government.
(b) During the emergency period, the secretary of administration may transfer 24
any employee from one state agency to another state agency to provide services for 25
the receiving state agency. The receiving state agency shall pay all salary and fringe
benefit costs of the employee during the time he or she is providing services for the 2
receiving state agency. Any action by the secretary under this paragraph shall 3
remain in effect until rescinded by the secretary or 90 days after the public health 4
emergency is terminated, whichever is earliest.
(c) If an employee is transferred under par. (b), the receiving agency may not 6
increase the employee's salary at the time of transfer or during the time he or she is 7
providing services for the receiving agency and the transferring agency may not 8
increase the employee's salary at the time the employee returns to the transferring 9
(d) The secretary of administration shall submit a report to the joint committee 11
on finance no later than June 1, 2020, and on the first day of each subsequent month 12
during the emergency period, that provides information on all employee transfers 13
under par. (b). The report shall specify the number of employees transferred, the title 14
of each employee transferred, the title the employee assumed at the receiving agency, 15
and the reasons for each employee transfer.
(9) Loans to municipal utilities.
In this subsection:
1. “Board” means the board of commissioners of public lands.
2. “COVID-19 public health emergency” means the public health emergency 20
declared on March 12, 2020, by executive order 72.
3. “Emergency period” means the period covered by the COVID-19 public 22
health emergency, plus 60 days.
4. “Municipal utility” has the meaning given in s. 196.377 (2) (a) 3.
1. The board may loan moneys under its control or belonging to the trust funds 2
to a municipal utility to ensure that the municipal utility is able to maintain liquidity 3
during the emergency period. The loan shall be for the sum of money, for the time, 4
and upon the conditions as may be agreed upon between the board and the borrower.
2. The legislature finds and determines that the loans authorized under this 6
subsection serve a public purpose.
(10) Legislative oversight of the Medical Assistance program.
(a) Section 20.940 does not apply to a request for a waiver, amendment to a 9
waiver, or other federal approval from the department of health services submitted 10
to the federal department of health and human services during the public health 11
emergency declared under 42 USC 247d
by the secretary of the federal department 12
of health and human services on January 31, 2020, in response to the 2019 novel 13
coronavirus, only if the request is any of the following, relating to the Medical 14
1. Allowing providers to receive payments for services provided in alternative 16
settings to recipients affected by 2019 novel coronavirus.
2. Waiving preadmission screening and annual resident review requirements 18
when recipients are transferred.
3. Allowing hospitals who hold a state license but have not yet received 20
accreditation from the Joint Commission to bill the Medical Assistance program 21
during the 2019 novel coronavirus public health emergency.
4. Waiving payment of the application fee to temporarily enroll a provider for 23
90 days or until the termination of the 2019 novel coronavirus public health 24
emergency, whichever is longer.
5. Waiving pre-enrollment criminal background checks for providers that are 2
enrolled in the Medicare program to temporarily enroll the provider in the Medical 3
Assistance program for 90 days or until the termination of the 2019 novel 4
coronavirus public health emergency, whichever is longer.
6. Waiving site visit requirements to temporarily enroll a provider for 90 days 6
or until the termination of 2019 novel coronavirus public health emergency, 7
whichever is longer.
7. Ceasing revalidation of providers who are enrolled in the Medical Assistance 9
program or otherwise directly impacted by the 2019 novel coronavirus public health 10
emergency for 90 days or until termination of the public health emergency, 11
whichever is longer.
8. Waiving the requirement that physicians and other health care professionals 13
be licensed in the state in which they are providing services if they have equivalent 14
licensing in another state or are enrolled in the federal Medicare program.
9. Waiving prior authorization requirements for access to covered state plan or 16
10. Expanding the authority under Section 1905 (a) of the federal Social 18
Security Act regarding nonemergency transportation to allow for reimbursement of 19
any eligible individual under the Medical Assistance program, additional vendors, 20
transportation for caregivers going to provide services to recipients, and meal 21
delivery to Medical Assistance recipients.
11. Waiving public notice requirements that would otherwise be applicable to 23
state plan and waiver changes.
12. Modifying the tribal consultation timelines specified in the Medical 2
Assistance state plan to allow for consultation at the next future tribal health 3
13. Modifying the requirement under 42 CFR 430.20
to submit the state plan 5
amendment by March 31, 2020, to obtain an effective date during the first calendar 6
quarter of 2020. The department of health services shall comply with s. 49.45 (2t) 7
for any item included in the state plan amendment that is not specifically described 8
in this subsection.
14. Simplifying program administration by allowing for temporary state plan 10
flexibilities rather than requiring states to go through the state plan amendment 11
submission and approval process.
15. Waiving timely filing requirements for billing under 42 USC 1395cc
(a) (54) and 42 CFR 424.44
to allow time for providers to implement changes.
16. Expanding hospital presumptive eligibility to include the population over 15
age 65 and disabled.
17. Allowing flexibility for submission of electronic signatures on behalf of a 17
Medical Assistance recipient by application assistors if a signature cannot be 18
captured in person.
18. Waiving requirements for managed care organizations to complete initial 20
and periodic recredentialing of network providers if the providers meet Medical 21
Assistance provider enrollment requirements during the 2019 novel coronavirus 22
public health emergency.
19. Requiring managed care organizations to extend preexisting 24
authorizations through which a Medical Assistance recipient has received prior
authorization until the termination of the 2019 novel coronavirus public health 2
20. Waiving sanctions under Section 1877 (g) of the Social Security Act relating 4
to limitations on physician referral.
21. Allowing flexibility in how a teaching physician is present with the patient 6
and resident including real-time audio and video or access through a window.
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.