625.12 (2) of the statutes is amended to read:
625.12 (2) Classification.
Risks Except as provided in s. 632.729, risks
be classified in any reasonable way for the establishment of rates and minimum 21
premiums, except that no classifications may be based on race, color, creed or 22
national origin, and classifications in automobile insurance may not be based on 23
physical condition or developmental disability as defined in s. 51.01 (5). Subject to 24s. ss.
632.365 and 632.729
, rates thus produced may be modified for individual risks 25
in accordance with rating plans or schedules that establish reasonable standards for
measuring probable variations in hazards, expenses, or both. Rates may also be 2
modified for individual risks under s. 625.13 (2).
628.34 (3) (a) of the statutes is amended to read:
(a) No insurer may unfairly discriminate among policyholders by 5
charging different premiums or by offering different terms of coverage except on the 6
basis of classifications related to the nature and the degree of the risk covered or the 7
expenses involved, subject to ss. 632.365, 632.729,
632.746 and 632.748. Rates are 8
not unfairly discriminatory if they are averaged broadly among persons insured 9
under a group, blanket or franchise policy, and terms are not unfairly discriminatory 10
merely because they are more favorable than in a similar individual policy.
632.729 of the statutes is created to read:
12632.729 Prohibiting discrimination based on COVID-19. (1) 13Definitions.
In this section:
(a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
(b) “Health benefit plan” has the meaning given in s. 632.745 (11).
(c) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
(d) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
18(2) Issuance or renewal.
(a) An insurer that offers an individual or group 19
health benefit plan, a pharmacy benefit manager, or a self-insured health plan may 20
not establish rules for the eligibility of any individual to enroll, for the continued 21
eligibility of any individual to remain enrolled, or for the renewal of coverage under 22
the plan based on a current or past diagnosis or suspected diagnosis of COVID-19.
(b) An insurer that offers a group health benefit plan, a pharmacy benefit 24
manager, or a self-insured health plan may not establish rules for the eligibility of 25
any employer or other group to enroll, for the continued eligibility of any employer
or group to remain enrolled, or for the renewal of an employer's or group's coverage 2
under the plan based on a current or past diagnosis or suspected diagnosis of 3
COVID-19 of any employee or other member of the group.
An insurer that offers an individual or group health benefit 5
plan, a pharmacy benefit manager, or a self-insured health plan may not use as a 6
basis for cancellation of coverage during a contract term a current or past diagnosis 7
of COVID-19 or suspected diagnosis of COVID-19.
An insurer that offers an individual or group health benefit plan, 9
a pharmacy benefit manager, or a self-insured health plan may not use as a basis 10
for setting rates for coverage a current or past diagnosis of COVID-19 or suspected 11
diagnosis of COVID-19.
12(5) Premium grace period.
An insurer that offers an individual or group health 13
benefit plan, a pharmacy benefit manager, or a self-insured health plan may not 14
refuse to grant to an individual, employer, or other group a grace period for the 15
payment of a premium based on an individual's, employee's, or group member's 16
current or past diagnosis of COVID-19 or suspected diagnosis of COVID-19 if a 17
grace period for payment of premium would generally be granted under the plan.
632.895 (14g) of the statutes is created to read:
632.895 (14g) Coverage of COVID-
(a) In this subsection, 20
“COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
(b) Before March 13, 2021, every disability insurance policy, and every 22
self-insured health plan of the state or of a county, city, town, village, or school 23
district, that generally covers testing for infectious diseases shall provide coverage 24
of testing for COVID-19 without imposing any copayment or coinsurance on the 25
individual covered under the policy or plan.
632.895 (16v) of the statutes is created to read:
632.895 (16v) Prohibiting coverage limitations on prescription drugs.
During the period covered by the state of emergency related to public health declared 4
by the governor on March 12, 2020, by executive order 72, an insurer offering a 5
disability insurance policy that covers prescription drugs, a self-insured health plan 6
of the state or of a county, city, town, village, or school district that covers prescription 7
drugs, or a pharmacy benefit manager acting on behalf of a policy or plan may not 8
do any of the following in order to maintain coverage of a prescription drug:
1. Require prior authorization for early refills of a prescription drug or 10
otherwise restrict the period of time in which a prescription drug may be refilled.
2. Impose a limit on the quantity of prescription drugs that may be obtained 12
if the quantity is no more than a 90-day supply.
(b) This subsection does not apply to a prescription drug that is a controlled 14
substance, as defined in s. 961.01 (4).
895.4801 of the statutes is created to read:
16895.4801 Immunity for health care providers during COVID-19
17emergency. (1) Definitions.
In this section:
(a) “Health care professional” means an individual licensed, registered, or 19
certified by the medical examining board under subch. II of ch. 448 or the board of 20
nursing under ch. 441.
(b) “Health care provider” has the meaning given in s. 146.38 (1) (b) and 22
includes an adult family home, as defined in s. 50.01 (1).
Subject to sub. (3), any health care professional, health care 24
provider, or employee, agent, or contractor of a health care professional or health care 25
provider is immune from civil liability for the death of or injury to any individual or
any damages caused by actions or omissions taken in providing services to address 2
or in response to a 2019 novel coronavirus outbreak under circumstances that satisfy 3
all of the following:
(a) The action or omission is committed while the professional, provider, 5
employee, agent, or contractor is providing services during the state of emergency 6
declared under s. 323.10 on March 12, 2020, by executive order 72, relating to the 7
2019 novel coronavirus pandemic and for the 60 days following the date that the state 8
of emergency terminates.
(b) The actions or omissions occur during the person's good faith response to 10
the emergency described under par. (a) or are substantially consistent with any of 11
1. Any direction, guidance, recommendation, or other statement made by a 13
federal, state, or local official to address or in response to the emergency or disaster 14
declared as described under par. (a).
2. Any guidance published by the department of health services, the federal 16
department of health and human services, or any divisions or agencies of the federal 17
department of health and human services relied upon in good faith.
(c) The actions or omissions do not involve reckless or wanton conduct or 19
This section does not apply if s. 257.03, 257.04, 323.41, or 21
895.51 (title) of the statutes is amended to read:
(title) Civil liability exemption: food or emergency household
24products; emergency medical supplies; donation, sale, or distribution.
895.51 (1) (bd) of the statutes is created to read:
(bd) “Cost of production” means the cost of inputs, wages, operating 2
the manufacturing facility, and transporting the product.
895.51 (1) (bg) of the statutes is created to read:
(bg) “Emergency medical supplies" means any medical equipment 5
or supplies necessary to limit the spread of, or provide treatment for, a disease 6
associated with the public health emergency related to the 2019 novel coronavirus 7
pandemic, including life support devices, personal protective equipment, cleaning 8
supplies, and any other items determined to be necessary by the secretary of health 9
895.51 (1) (dp) of the statutes is created to read:
(dp) “Public health emergency related to the 2019 novel coronavirus 12
pandemic” means the period covered by the public health emergency declared under 1342 USC 247d
by the secretary of the federal department of health and human 14
services on January 31, 2020, in response to the 2019 novel coronavirus or the 15
national emergency declared by the U.S. president under 50 USC 1621
on March 13, 16
2020, in response to the 2019 novel coronavirus.
895.51 (2r) of the statutes is created to read:
Any person engaged in the manufacturing, distribution, or sale of 19
emergency medical supplies, who donates or sells, at a price not to exceed the cost 20
of production, emergency medical supplies to a charitable organization or 21
governmental unit to respond to the public health emergency related to the 2019 22
novel coronavirus pandemic is immune from civil liability for the death of or injury 23
to an individual caused by the emergency medical supplies donated or sold by the 24
895.51 (3r) of the statutes is created to read:
Any charitable organization that distributes free of charge 2
emergency medical supplies received under sub. (2r) is immune from civil liability 3
for the death of or injury to an individual caused by the emergency medical supplies 4
distributed by the charitable organization.
(1) Enhanced federal medical assistance percentage.
If the federal 7
government provides an enhanced federal medical assistance percentage during an 8
emergency period declared in response to the novel coronavirus pandemic, the 9
department of health services may do any of the following during the period to which 10
the enhanced federal medical assistance percentage applies in order to satisfy 11
criteria to qualify for the enhanced federal medical assistance percentage:
(a) Suspend the requirement to comply with the premium requirements under 13
s. 49.45 (23b) (b) 2. and (c).
(b) Suspend the requirement to comply with the health risk assessment 15
requirement under s. 49.45 (23b) (b) 3.
(c) Delay implementation of the community engagement requirement under s. 17
49.45 (23b) (b) 1. until the date that is 30 days after either the day the federal 18
government has approved the community engagement implementation plan or the 19
last day of the calendar quarter in which the last day of the emergency period under 2042 USC 1320b-5
(g) (1) that is declared due to the novel coronavirus pandemic 21
occurs, whichever is later.
(d) Notwithstanding any requirement under subch. IV of ch. 49 to disenroll an 23
individual to the contrary, maintain continuous enrollment in compliance with 24
section 6008 (b) (3) of the federal Families First Coronavirus Response Act, P.L. 25116-127
(2) Liability insurance for physicians and nurse anesthetists.
During the 2
public health emergency declared on March 12, 2020, by executive order 72, all of the 3
following apply to a physician or nurse anesthetist for whom this state is not a 4
principal place of practice but who is authorized to practice in this state on a 5
(a) The physician or nurse anesthetist may fulfill the requirements of s. 655.23 7
(3) (a) by filing with the commissioner of insurance a certificate of insurance for a 8
policy of health care liability insurance issued by an insurer that is authorized in a 9
jurisdiction accredited by the National Association of Insurance Commissioners.
(b) The physician or nurse anesthetist may elect, in the manner designated by 11
the commissioner of insurance by rule under s. 655.004, to be subject to ch. 655.
(3) Virtual instruction; reports and guidance.
In this subsection:
1. “Department” means the department of public instruction.
2. “Public health emergency” means the period during the 2019-20 school year 16
when schools are closed by the department of health services under s. 252.02 (3).
3. “Virtual instruction” means instruction provided through means of the 18
Internet if the pupils participating in and instructional staff providing the 19
instruction are geographically remote from each other.
School board reports.
By November 1, 2020, each school board shall report 21
to the department all of the following:
1. Whether or not virtual instruction was implemented in the school district 23
during the public health emergency and, if implemented, in which grades it was 24
2. If virtual instruction was implemented in the school district during the 2
public health emergency, the process for implementing the virtual instruction.
3. For each grade level, the average percentage of the 2019-20 school year 4
curriculum provided to pupils, including curriculum provided in-person and 5
4. Whether anything was provided to pupils during the 2020 summer to help 7
pupils learn content that pupils missed because of the public health emergency and, 8
if so, what was provided to pupils.
5. Recommendations for best practices for transitioning to and providing 10
virtual instruction when schools are closed.
6. Any challenges or barriers the school board faced related to implementing 12
virtual instruction during the public health emergency.
7. By position type, the number of staff members who were laid off during the 14
public health emergency.
8. The number of lunches the school board provided during the public health 16
9. The total amount by which the school board reduced expenditures during, 18
or because of, the public health emergency in each of the following categories:
c. Food service.
d. Personnel. This category includes expenditure reductions that result from 23
e. Contract terminations.
(c) Report to the legislature.
By January 1, 2021, the department shall compile 2
and submit the information it received under par. (b
) to the appropriate standing 3
committees of the legislature in the manner provided under s. 13.172 (3).
(d) DPI guidance on returning to in-person instruction.
By June 30, 2020, the 5
department shall post on its Internet site guidance to schools on best practices 6
related to transitioning from virtual instruction to in-person instruction.
(4) Temporary credentials for former health care providers during
In this subsection:
1. “Credential” means a license or certificate.
2. “Department” means the department of safety and professional services.
3. “Health care provider” means an individual who was at any time within the 13
previous 5 years, but is not currently, any of the following, if the individual's 14
credential was never revoked, limited, suspended, or denied renewal:
a. Licensed as a registered nurse, licensed practical nurse, or nurse-midwife 16
under ch. 441.
b. Licensed as a dentist under ch. 447.
c. Licensed as a physician, physician assistant, or perfusionist under ch. 448 19
or certified as a respiratory care practitioner under ch. 448.
d. Licensed as a pharmacist under ch. 450.
e. Licensed as a psychologist under ch. 455.
f. A clinical social worker, marriage and family therapist, or professional 23
counselor licensed under ch. 457 or an independent social worker or social worker 24
certified under ch. 457.
g. A clinical substance abuse counselor certified under s. 440.88.