2021 - 2022 LEGISLATURE
January 12, 2021 - Offered by Senators LeMahieu and Testin.
AB1-SSA1-SA2,1,11 At the locations indicated, amend the substitute amendment as follows:
AB1-SSA1-SA2,1,2 21. Page 13, line 23: after that line insert:
AB1-SSA1-SA2,1,3 3 Section 5q. 49.45 (3) (e) 9m. of the statutes is created to read:
AB1-SSA1-SA2,1,54 49.45 (3) (e) 9m. a. In this subdivision, “hospital-associated service” has the
5meaning given in s. 50.33 (2d).
AB1-SSA1-SA2,1,106 b. Before January 1, 2022, any hospital-associated service that is provided by
7a hospital in accordance with s. 50.36 (5m) that is of the type for which payment could
8be claimed as an inpatient hospital service under the federal Medicare program, 42
9USC 1395
et seq., shall be included as part of and reimbursed or paid as an inpatient
10service under this section.
AB1-SSA1-SA2,5r 11Section 5r. 49.45 (4r) of the statutes is created to read:
149.45 (4r) Utilization data. (a) In this subsection, “health care data
2aggregator” means a data organization or entity that collects, analyzes, and
3disseminates health care information under subch. I of ch. 153 and that requests the
4department to provide data under this subsection.
AB1-SSA1-SA2,2,75 (b) Semiannually, the department shall provide to any health care data
6aggregator all Medical Assistance program fee-for-service and managed care
7encounter claims data and data specifications maintained by the department.
AB1-SSA1-SA2,2,168 (c) Within 5 business days or a longer period specified by the department, of the
9receipt of data under par. (b), a health care data aggregator shall create a data set
10from the data received that is de-identified health information, as described in 42
11CFR 164.514
(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
13department under par. (b). The health care data aggregator shall make the
14de-identified data set available to the public and may disseminate custom data sets
15and reports if the data sets and reports contain only de-identified health
AB1-SSA1-SA2,2,2117 (d) Data provided by the department to a health care data aggregator under
18par. (b) are not subject to inspection or copying under s. 19.35. A health care data
19aggregator shall comply with the requirements under s. 153.50 (3) to ensure
20protection of patient identity with regard to data received and made available or
21disseminated under this subsection.”.
AB1-SSA1-SA2,2,22 222. Page 15, line 19: after that line insert:
AB1-SSA1-SA2,2,23 23 Section 7d. 50.33 (2d) of the statutes is created to read:
150.33 (2d) “Hospital-associated service” means a health care service that
2meets all of the following conditions:
AB1-SSA1-SA2,3,43 (a) The service is of the same type as those furnished by a hospital in an
4inpatient or outpatient facility.
AB1-SSA1-SA2,3,65 (b) The service is of a type for which a payment could be claimed as a hospital
6service under the federal Medicare program, 42 USC 1395 et seq.
AB1-SSA1-SA2,3,87 (c) The service is provided at a location other than in a facility approved by the
8department under s. 50.35.
AB1-SSA1-SA2,3,99 (d) The service is provided in a home setting before January 1, 2022.
AB1-SSA1-SA2,7g 10Section 7g. 50.36 (5m) of the statutes is created to read:
AB1-SSA1-SA2,3,1611 50.36 (5m) If the federal centers for medicare and medicaid services has
12approved a hospital to provide any hospital-associated service, the department may
13apply to and enforce upon the hospital as the state standard for the
14hospital-associated service any rule or standard that is required by the centers for
15medicare and medicaid services for the service. This subsection does not apply on
16or after January 1, 2022.
AB1-SSA1-SA2,7j 17Section 7j. 50.49 (6m) (d) of the statutes is created to read:
AB1-SSA1-SA2,3,1918 50.49 (6m) (d) A hospital that is providing hospital-associated services in
19accordance with s. 50.36 (5m).”.
AB1-SSA1-SA2,3,20 203. Page 17, line 4: after that line insert:
AB1-SSA1-SA2,3,21 21 Section 12m. 108.141 (8) of the statutes is created to read:
AB1-SSA1-SA2,4,222 108.141 (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
24s. 108.141 (1) (c) 1. b. that no extended benefit period may begin by reason of a

1Wisconsin “on" indicator before the 14th week following the end of a prior extended
2benefit period which was in effect with respect to Wisconsin.”.
AB1-SSA1-SA2,4,3 34. Page 31, line 13: after that line insert:
AB1-SSA1-SA2,4,4 4 Section 38g. 609.205 (3m) of the statutes is created to read:
AB1-SSA1-SA2,4,95 609.205 (3m) This section does not apply to the reimbursement for
6administration of the vaccine against the SARS-CoV-2 coronavirus, which results
7in COVID-19. The reimbursement administration of the SARS-CoV-2 vaccine shall
8be consistent with Section 3203 of the federal Coronavirus Aid, Relief, and Economic
9Security Act and 45 CFR 147.130 (a).”.
AB1-SSA1-SA2,4,11 105. Page 33, line 12: delete the material beginning with “Noncompliance" and
11ending with “section." on line 15.
AB1-SSA1-SA2,4,13 126. Page 33, line 19: delete the material beginning with that line and ending
13with page 34, line 7, and substitute:
AB1-SSA1-SA2,4,14 14 Section 43m. 895.4801 (2m) of the statutes is created to read:
AB1-SSA1-SA2,4,1915 895.4801 (2m) Immunity after July 10, 2020. Subject to sub. (3), any health care
16professional, health care provider, or employee, agent, or contractor of a health care
17professional or health care provider is immune from civil liability for the death of or
18injury to any individual or any damages caused by actions or omissions that satisfy
19all of the following:
AB1-SSA1-SA2,4,2320 (a) During the period beginning on July 10, 2020, and ending on January 1,
212022, the action or omission is committed while the professional, provider, employee,
22agent, or contractor is providing services related to the SARS-CoV-2 coronavirus or
AB1-SSA1-SA2,4,2424 (b) The action or omission is substantially consistent with any of the following:
11. Any direction, guidance, recommendation, or other statement made by a
2federal, state, or local official to address the SARS-CoV-2 coronavirus or COVID-19.
AB1-SSA1-SA2,5,53 2. Any guidance published by the department of health services, the federal
4department of health and human services, or any divisions or agencies of the federal
5department of health and human services relied upon in good faith.
AB1-SSA1-SA2,5,76 (c) The actions or omissions do not involve reckless or wanton conduct or
7intentional misconduct.”.
AB1-SSA1-SA2,5,8 87. Page 39, line 2: delete “(2) (a) 2." and substitute “(2m)".
AB1-SSA1-SA2,5,9 98. Page 44, line 1: delete lines 1 to 3 and substitute:
AB1-SSA1-SA2,5,13 10“(1m) Civil liability exemption for certain entities. The immunity and
11limitation on recovery of damages under s. 895.476 applies retroactively to all claims,
12except that it does not apply to actions filed before the effective date of this