2021 - 2022 LEGISLATURE
SENATE AMENDMENT 2,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
January 12, 2021 - Offered by Senators LeMahieu and Testin.
49.45 (3) (e) 9m. of the statutes is created to read:
(e) 9m. a. In this subdivision, “hospital-associated service” has the 5
meaning given in s. 50.33 (2d).
b. Before January 1, 2022, any hospital-associated service that is provided by 7
a hospital in accordance with s. 50.36 (5m) that is of the type for which payment could 8
be claimed as an inpatient hospital service under the federal Medicare program, 42
et seq., shall be included as part of and reimbursed or paid as an inpatient 10
service under this section.
49.45 (4r) of the statutes is created to read:
49.45 (4r) Utilization data.
(a) In this subsection, “health care data 2
aggregator” means a data organization or entity that collects, analyzes, and 3
disseminates health care information under subch. I of ch. 153 and that requests the 4
department to provide data under this subsection.
(b) Semiannually, the department shall provide to any health care data 6
aggregator all Medical Assistance program fee-for-service and managed care 7
encounter claims data and data specifications maintained by the department.
(c) Within 5 business days or a longer period specified by the department, of the 9
receipt of data under par. (b), a health care data aggregator shall create a data set 10
from the data received that is de-identified health information, as described in 42
(a), and that meets the requirements for de-identification described in 1242 CFR 164.514
(b) and then shall destroy the original data provided by the 13
department under par. (b). The health care data aggregator shall make the 14
de-identified data set available to the public and may disseminate custom data sets 15
and reports if the data sets and reports contain only de-identified health 16
(d) Data provided by the department to a health care data aggregator under 18
par. (b) are not subject to inspection or copying under s. 19.35. A health care data 19
aggregator shall comply with the requirements under s. 153.50 (3) to ensure 20
protection of patient identity with regard to data received and made available or 21
disseminated under this subsection.”.
“Hospital-associated service” means a health care service that 2
meets all of the following conditions:
(a) The service is of the same type as those furnished by a hospital in an 4
inpatient or outpatient facility.
(b) The service is of a type for which a payment could be claimed as a hospital 6
service under the federal Medicare program, 42 USC 1395
(c) The service is provided at a location other than in a facility approved by the 8
department under s. 50.35.
(d) The service is provided in a home setting before January 1, 2022.
50.36 (5m) of the statutes is created to read:
If the federal centers for medicare and medicaid services has 12
approved a hospital to provide any hospital-associated service, the department may 13
apply to and enforce upon the hospital as the state standard for the 14
hospital-associated service any rule or standard that is required by the centers for 15
medicare and medicaid services for the service. This subsection does not apply on 16
or after January 1, 2022.
50.49 (6m) (d) of the statutes is created to read:
(d) A hospital that is providing hospital-associated services in 19
accordance with s. 50.36 (5m).”.
108.141 (8) Secretary may waive compliance.
Notwithstanding s. 108.141 (1) 23
(c) 1. b., the secretary may, if permitted by federal law, waive the prohibition under 24
s. 108.141 (1) (c) 1. b. that no extended benefit period may begin by reason of a
Wisconsin “on" indicator before the 14th week following the end of a prior extended 2
benefit period which was in effect with respect to Wisconsin.”.
609.205 (3m) of the statutes is created to read:
This section does not apply to the reimbursement for 6
administration of the vaccine against the SARS-CoV-2 coronavirus, which results 7
in COVID-19. The reimbursement administration of the SARS-CoV-2 vaccine shall 8
be consistent with Section 3203 of the federal Coronavirus Aid, Relief, and Economic 9
Security Act and 45 CFR 147.130
895.4801 (2m) Immunity after July 10, 2020.
Subject to sub. (3), any health care 16
professional, health care provider, or employee, agent, or contractor of a health care 17
professional or health care provider is immune from civil liability for the death of or 18
injury to any individual or any damages caused by actions or omissions that satisfy 19
all of the following:
(a) During the period beginning on July 10, 2020, and ending on January 1, 21
2022, the action or omission is committed while the professional, provider, employee, 22
agent, or contractor is providing services related to the SARS-CoV-2 coronavirus or 23
(b) The action or omission is substantially consistent with any of the following:
1. Any direction, guidance, recommendation, or other statement made by a 2
federal, state, or local official to address the SARS-CoV-2 coronavirus or COVID-19.
2. Any guidance published by the department of health services, the federal 4
department of health and human services, or any divisions or agencies of the federal 5
department of health and human services relied upon in good faith.
(c) The actions or omissions do not involve reckless or wanton conduct or 7
“(1m) Civil liability exemption for certain entities.
The immunity and 11
limitation on recovery of damages under s. 895.476 applies retroactively to all claims, 12
except that it does not apply to actions filed before the effective date of this 13