Coverage of vaccinations under SeniorCare
This bill requires the Department of Health Services to include coverage of
vaccinations through the SeniorCare program. Under current law, DHS administers
the SeniorCare program, which provides assistance to the elderly in the purchase of
prescription drugs. The program is operated under a waiver of federal Medicaid
laws, but DHS is required to implement the program regardless of whether the
waiver is received from the federal Department of Health and Human Services. This
bill incorporates coverage through the SeniorCare program of those vaccinations
recommended for administration to adults by the federal Centers for Disease Control
and Prevention's Advisory Committee on Immunization Practices and approved by
DHS. The bill requires DHS to provide payments to health care providers that
administer the vaccinations and submit claims for payment in the manner required.
Under the bill, DHS may provide payment for a vaccination only after deducting the
amount of any payment for the vaccination available from other sources.
Immunity from civil liability for health care providers during COVID-19
emergency
This bill provides immunity from civil liability for health care professionals and
providers and employees, agents, or contractors of those professionals or providers
for death, injury, or damages caused by actions or omissions taken in providing
services to address or in response to a 2019 novel coronavirus outbreak during an
emergency or disaster declared relating to the 2019 novel coronavirus pandemic. To
be immune from civil liability, the actions or omissions must not involve reckless or
wanton conduct or intentional misconduct and must occur during a good faith
response to the emergency or be substantially consistent with either a direction,
guidance, recommendation, or other statement made by a federal, state, or local
official to address or in response to the emergency or disaster or any published
guidance of DHS or the federal Department of Health and Human Services relied
upon in good faith.
Cremation permits and electronic signature of death certificates
Under current law, a coroner or medical examiner must view the corpse of a
deceased person before issuing a cremation permit, and the corpse may not be
cremated within 48 hours after the death unless the death was caused by a
contagious or infectious disease. Under this bill, for the duration of the public health
emergency declared on March 12, 2020, by executive order 72, if a physician, coroner,
or medical examiner has signed the death certificate of a deceased person and listed
COVID-19 as the cause of death, a coroner or medical examiner must issue a
cremation permit without viewing the corpse of a deceased person and a coroner or
medical examiner must issue the permit within 48 hours after the time of death. The
bill also requires that if the underlying cause of a death is determined to be
COVID-19, the person required to sign the death certificate shall provide an
electronic signature on the death certificate within 48 hours after the death occurs.
Renewals of credentials for emergency medical services providers
This bill prohibits DHS from requiring an ambulance service provider,
emergency medical services practitioner, or emergency medical responder that holds
a credential to renew the credential or to meet renewal requirements during the
public health emergency declared on March 12, 2020, by executive order 72. Under
the bill, a renewal that occurs after the emergency period is not considered a late
renewal if the application to renew the credential is received before the next
applicable renewal date, and DHS may, for that next applicable renewal date,
provide an exemption from or reduction of continuing education or other conditions
for renewal. Current law requires licenses for ambulance service providers and
emergency medical services practitioners and certificates for emergency medical
responders to be renewed every three years. Currently, emergency medical services
practitioners must complete training, education, or examination requirements set
by DHS to renew their licenses. Current law requires ambulance service providers
must provide a financial report and a certification by each governmental unit in the
service or contract area for license renewal. Currently, emergency medical
responders must take a refresher course to renew their certificates.
Child Care and Development Fund block grant funding
Under this bill, federal Child Care and Development Fund block grant funds
received by the state under the federal Coronavirus Aid, Relief, and Economic
Security (CARES) Act of 2020 are credited to federal block grant appropriations and
the purposes for the expenditure of those funds are subject to passive review by the
Joint Committee on Finance.
10.
Housing
Deadline for applying for heating assistance
Under current law, a household may apply for heating assistance under DOA's
low-income energy assistance program after September 30 and before May 16 of any
year. Under this bill, applications may be submitted at any time in calendar year
2020.
11.
INSURANCE
Payments for services by out-of-network providers
During the public health emergency declared by the governor or by the
secretary of the federal Department of Health and Human Services in response to
the COVID-19 pandemic, the bill prohibits a defined network plan, including a
health maintenance organization, or preferred provider plan from requiring an
enrollee of the plan to pay more for a service, treatment, or supply provided by an
out-of-network provider than if the service, treatment, or supply is provided by a
provider that is participating in the plan's network. This prohibition applies to any
service, treatment, or supply that is related to diagnosis or treatment for COVID-19
and any service, treatment, or supply that is provided by a provider that is not a
participating provider because a participating provider is unavailable due to the
public health emergency. For a service, treatment, or supply provided under those
circumstances, the bill requires the plan to reimburse the out-of-network provider
at 225 percent of the federal Medicare program rate. Also under those
circumstances, any health care provider or facility that provides a service,
treatment, or supply to an enrollee of a plan but is not a participating provider of that
plan shall accept as payment in full any payment by a plan that is at least 225 percent
of the federal Medicare program rate and may not charge the enrollee an amount
that exceeds the amount the provider or facility is reimbursed by the plan.
Prohibiting coverage discrimination based on COVID-19 diagnosis
This bill prohibits insurers that offer an individual or group health benefit plan,
pharmacy benefit managers, or self-insured governmental health plans from doing
any of the following based on a current or past diagnosis or suspected diagnosis of
COVID-19: establishing rules for the eligibility of any individual, employer, or group
to enroll or remain enrolled in a plan or for the renewal of coverage under the plan;
cancelling coverage during a contract term; setting rates for coverage; or refusing to
grant a grace period for payment of a premium that would generally be granted.
Prohibiting certain prescription drugs coverage limits
The bill prohibits insurers that offer health insurance, self-insured
governmental health plans, and pharmacy benefit managers from requiring prior
authorization for early refills of a prescription drug or otherwise restricting the
period of time in which a prescription drug may be refilled and from imposing a limit
on the quantity of prescription drugs that may be obtained if the quantity is no more
than a 90-day supply. These prohibitions do not apply if the prescription drug is a
controlled substance.
Liability insurance for physicians and nurse anesthetists
This bill specifies that, during the public health emergency declared on March
12, 2020, by executive order 72, a physician or nurse anesthetist for whom Wisconsin
is not a principal place of practice but who is temporarily authorized to practice in
Wisconsin may fulfill financial responsibility requirements by filing with the
commissioner of insurance a certificate of insurance for a policy of health care
liability insurance issued by an insurer authorized in a certain jurisdiction specified
in the bill and may elect to be covered by Wisconsin's health care liability laws.
Coverage of COVID-19 testing without cost sharing
The bill requires every health insurance policy and every self-insured
governmental health plan that generally covers testing for infectious disease to
provide coverage of testing for COVID-19 without imposing any copayment or
coinsurance before March 13, 2021. A health insurance policy is referred to in the
bill as a disability insurance policy.
12.
legislature
Transfer of moneys from sum sufficient appropriations
The Joint Committee on Finance may currently transfer moneys between sum
certain and continuing appropriations if JCF finds that unnecessary duplication of
functions can be eliminated, more efficient and effective methods for performing
programs will result, or legislative intent will be more effectively carried out because
of the transfer.
This bill authorizes JCF to transfer moneys from sum sufficient appropriations
during the public health emergency declared on March 12, 2020, by executive order
72 and for 90 days after the end of the emergency. The total amount that may be
transferred from all sum sufficient appropriations during the emergency may not
exceed $75,000,000.
Audit of programs and expenditures under this act
Under this bill, beginning on July 1, 2020, and ending on June 30, 2021, the
Legislative Audit Bureau must review programs affected by this act and
expenditures authorized under this act and must report the results of its reviews at
least quarterly to the legislature and to the Joint Legislative Audit Committee.
13.
local government
Board of review meeting
Under current law, a town, city, or village annually convenes a meeting of the
board of review to hear objections to local assessments. The board must meet during
the 45-day period beginning on the fourth Monday in April, but no sooner than seven
days after the last day on which the property tax assessment roll is open for public
examination. If the assessment roll is not complete in time for the board's first
meeting, the board meets, but adjourns until the roll is complete. Under the bill,
regardless of whether the 2020 assessment roll is complete at the time of the 45-day
period beginning on the 4th Monday of April, the board may publish a notice that the
board has adjourned and will proceed as provided under current law.
Annual town meeting
Under current law, a town is required to hold an annual town meeting. The
town meeting must be held on the third Tuesday of April, except that the town may
set another date within ten days after the third Tuesday of April. This bill allows a
town board or, if the town board is unable to promptly meet, the town chair to
postpone the town meeting so that it does not occur during the period beginning on
the first day of the public health emergency declared by the governor by executive
order 72 and ending 60 days after the termination of that order.
14.
OCCUPATIONAL REGULATION
Health care provider credential renewals
This bill exempts certain health care provider credentials issued by
credentialing boards in the Department of Safety and Professional Services from
having to be renewed during the period covered by the public health emergency
declared on March 12, 2020, by executive order 72, through the 60th day after the
conclusion of that emergency (exemption period).
For the next applicable renewal period after the exemption period, the
credential holder is not subject to any late renewal fee, and the applicable
credentialing board may provide an exemption from or reduction of continuing
education or other renewal requirements.
Temporary credentials for former health care providers
This bill authorizes former health care providers to obtain a temporary
credential granted by DSPS and provide health care services for which they have
been previously licensed or certified. Under the bill, DSPS may grant a temporary
credential to a person who applies and was at any time during the previous five years,
but is not currently, any of the following, if the person's credential was never revoked,
limited, suspended, or denied renewal: 1) a physician, physician assistant, or
perfusionist; 2) a registered nurse, licensed practical nurse, or nurse-midwife; 3) a
dentist; 4) a pharmacist; 5) a psychologist; 6) a social worker; 7) a marriage and
family therapist; 8) a professional counselor; 9) a clinical substance abuse counselor;
or 10) a practitioner holding a credential to practice a profession identified by DHS.
A temporary credential granted under the bill expires 90 days after the conclusion
of the public health emergency declared on March 12, 2020, by executive order 72.
Current law generally prohibits a person from engaging in certain health
care–related practices without holding a required credential.
The bill also authorizes DSPS, during the public health emergency, to waive
fees for applications for an initial credential and renewal of a credential for
physicians, physician assistants, nurses, dentists, pharmacists, psychologists, and
certain behavioral health providers.
Temporary credentials for health care providers from other states
This bill authorizes health care providers licensed in another state or territory
to obtain a temporary credential granted by DSPS and provide health care services
for which they are licensed or certified. Under the bill, DSPS may grant a temporary
credential to a person who applies and holds a valid, unexpired credential granted
by another state or territory that authorizes the person to act as any of the following:
1) a physician, physician assistant, or perfusionist; 2) a registered nurse, licensed
practical nurse, or nurse-midwife; 3) a dentist; 4) a pharmacist; 5) a psychologist; 6)
a social worker; 7) a marriage and family therapist; 8) a professional counselor; 9)
a clinical substance abuse counselor; or 10) a practitioner holding a credential to
practice a profession identified by DHS. A temporary credential granted under the
bill expires 90 days after the conclusion of the public health emergency declared on
March 12, 2020, by executive order 72.
Current law generally prohibits a person from engaging in certain health-care
related practices without holding a required credential.
The bill also authorizes DSPS, during the public health emergency, to waive
fees for applications for an initial credential and renewal of a credential for
physicians, physician assistants, nurses, dentists, pharmacists, psychologists, and
certain behavioral health providers.
15.
public utilities
Loans to municipal utilities for the purpose of maintaining liquidity
Under current law, the Board of Commissioners of Public Lands manages the
common school fund, the normal school fund, the university fund, and the
agricultural college fund (trust funds). Current law authorizes the BCPL to manage
and invest moneys belonging to the trust funds in good faith and with the care an
ordinary prudent person in a like position would exercise under similar
circumstances.
On March, 11, 2020, the governor issued emergency order 11 in connection with
the COVID-19 public health emergency. EO 11 suspended certain rules of the Public
Service Commission to ensure that customers of public utilities do not experience a
loss of service during the public health emergency. EO 11 also required that deferred
payment agreements be made available not only to residential customers but also
commercial, farm, and industrial customers of public utilities.
This bill authorizes the BCPL to loan moneys belonging to the trust funds to
municipal utilities to ensure that municipal utilities are able to maintain liquidity
during the COVID-19 public health emergency. A municipal utility is a public utility
that is a city, village, or town, or that is wholly owned or operated by a city, village,
or town.
16.
retirement and group insurance
WRS annuities for certain annuitants returning to work during public
health emergency
This bill allows an annuitant who is hired during the public health emergency
declared on March 12, 2020, by executive order 72, by a public employer as an
employee or to provide employee services to elect to not suspend his or her annuity
for the duration of the declared public health emergency if the position for which the
annuitant is hired is a critical position. Under current law, if a Wisconsin Retirement
System annuitant, or a disability annuitant who has attained his or her normal
retirement date, is appointed to a position with a WRS-participating employer, or
provides employee services to a WRS-participating employer in which he or she is
expected to work at least two-thirds of what is considered full-time employment by
the Department of Employee Trust Funds, the annuity must be suspended and no
annuity payment is payable until after the participant again terminates covered
employment.
Also under current law, a WRS participant who has applied to receive a
retirement annuity must wait at least 75 days between terminating covered
employment with a WRS employer and returning to covered employment again as
a participating employee. This bill reduces that period to 15 days for individuals who
are hired to a critical position during the public health emergency declared on March
12, 2020, by executive order 72.
Employees returning from a leave of absence
Under the bill, for the purposes of group health insurance offered by the group
insurance board, an employee who returns from a leave of absence and who has not
resumed active duty for at least 30 consecutive calendar days on March 12, 2020, is
deemed to have ended or interrupted the leave of absence on that date.
17.
state government
Refunding certain general obligation debt
This bill increases the amount of state public debt that may be contracted to
refund any unpaid indebtedness used to finance tax-supported or self-amortizing
facilities from $6,785,000,000 to $7,510,000,000.
Suspension of deadlines and training requirements
This bill authorizes state agencies, authorities, local governments, the
legislature, and the courts to suspend, during the public health emergency declared
on March 12, 2020, by executive order 72, deadlines and training requirements that
they administer or enforce. The bill excludes deadlines relating to the filing or
payment of taxes and deadlines relating to an election.
18.
taxation
Internal Revenue Code updates; federal tax law changes, coronavirus
This bill makes a number of changes to conform Wisconsin's tax law to federal
tax law changes enacted in March 2020 in response to the coronavirus outbreak. The
bill includes the following changes:
1. Exempts from otherwise applicable penalties certain taxable year 2020
distributions from a retirement account qualified under the Internal Revenue Code,
and exempts from income taxation these distributions subject to a number of
conditions.
2. Creates additional deductions, for taxable year 2020, for certain individual
charitable contributions, and suspends the limitations on certain individual and
corporate charitable deductions. The suspension of limitations applies to
contributions made in calendar year 2020 only, although certain amounts donated
in 2020 may be carried forward to future years.
3. Clarifies that an individual's health insurance plan is still treated as a high
deductible plan even if it fails to provide a deductible for telehealth and other remote
care services.
4. Conforms state law to federal law regarding the treatment of paycheck
protection loans to businesses and employees under the small business
administration's loan guarantee program for the period of time from February 15,
2020, through June 30, 2020. A portion of the loans may be forgiven on a tax-free
basis under certain conditions.
5. Provides an exclusion from income for certain student loan principal and
interest payments made by an employer on behalf of an employee, subject to the same
current law cap of $5,250 in payments for qualified educational expenses made on
behalf of an employee by an employer. This provision applies to payments made from
March 28, 2020, through December 31, 2020.
6. Corrects a drafting error in the federal Tax Cuts and Jobs Act of 2017 to
provide a 15-year recovery period for qualified improvement property.
Authority to waive interest and penalties for general fund and
transportation fund taxes
This bill authorizes the secretary of revenue to waive, for any person who fails
to remit general fund taxes or transportation fund taxes and fees by their due date,
the interest and penalties that accrue during the period covered by the COVID-19
public health emergency if the due date falls within that period and the secretary
determines that the person's failure is due to the effects of the COVID-19 pandemic.
Interest on late property tax payments
Under current law, a late installment payment of property taxes is subject to
interest and penalties, with the interest accruing from February 1 of the year in
which the taxes are due. Under this bill, for property taxes payable in 2020, after
making a general or case-by-case finding of hardship, a municipality may provide
that an installment payment due after April 1, 2020, that is received after its due
date will not accrue interest or penalties if the total amount due is received on or
before October 1, 2020. Interest and penalties will accrue from October 1, 2020, for
any property taxes payable in 2020 that are delinquent after October 1, 2020.
Claims for recovery of unlawful taxes and excessive assessments
Current law allows a person to file a claim to recover the unlawful imposition
of property taxes or a claim for the excessive assessment of property taxes. However,
no person may file a claim for recovery of unlawful taxes or excessive assessment
unless the person has paid his or her property taxes on time. The bill provides that
this restriction does not apply to taxes due and payable in 2020 if paid by October 1,
2020, or by any installment date for which taxes are due after October 1, 2020.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
