AB1: Bill Text

AB1,52 Section 52 . 450.11 (5) (br) 3. b. of the statutes is created to read:

AB1,42,2 450.11 (5) (br) 3. b. During the period beginning on the effective date of this subd. 3. b. .... [LRB inserts date], and ending at the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or on June 30, 2021, whichever is earlier.

AB1,53 Section 53 . 609.205 (2) (intro.) and (a) of the statutes are amended to read:

AB1,42,9 609.205 (2) (intro.) All of the following apply to a defined network plan or preferred provider plan during the state of emergency related to public health declared under s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days following the date that the state of emergency terminates until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier:

AB1,42,17 (a) The plan may not require an enrollee to pay, including cost sharing, for a service, treatment, or supply provided by a provider that is not a participating provider in the plan's network of providers more than the enrollee would pay if the service, treatment, or supply is provided by a provider that is a participating provider. This subsection applies to any service, treatment, or supply that is related to diagnosis or treatment for COVID-19 and to 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.

AB1,54 Section 54 . 609.205 (3) (intro.) of the statutes is amended to read:

AB1,43,2 609.205 (3) (intro.) During the state of emergency related to public health declared under s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days following the date that the state of emergency terminates Until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier, all of the following apply to any health care provider or health care facility that provides a service, treatment, or supply to an enrollee of a defined network plan or preferred provider plan but is not a participating provider of that plan:

AB1,55 Section 55 . 609.205 (3m) of the statutes is created to read:

AB1,43,5 609.205 (3m) This section does not apply to a service, treatment, or supply that is a dental service, treatment, or supply.

AB1,56 Section 56 . 632.895 (14g) (b) of the statutes is amended to read:

AB1,43,14 632.895 (14g) (b) Before March 13, 2021 Until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier, every disability insurance policy, and every self-insured health plan of the state or of a county, city, town, village, or school district, that generally covers vaccination and testing for infectious diseases shall provide coverage of testing for COVID-19 and vaccination against the SARS-CoV-2 coronavirus without imposing any copayment or coinsurance on the individual covered under the policy or plan.

AB1,57 Section 57 . 632.895 (16v) (a) (intro.) of the statutes is amended to read:

AB1,43,24 632.895 (16v) (a) (intro.) During the period covered by the state of emergency related to public health declared by the governor on March 12, 2020, by executive order 72 Until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier, an insurer offering a disability insurance policy that covers prescription drugs, a self-insured health plan of the state or of a county, city, town, village, or school district that covers prescription drugs, or a pharmacy benefit manager acting on behalf of a policy or plan may not do any of the following in order to maintain coverage of a prescription drug:

AB1,58 Section 58 . 655.0025 of the statutes is created to read:

AB1,44,6 655.0025 Participation during COVID-19 national emergency. Until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier, all of the following apply to a physician or nurse anesthetist for whom this state is not a principal place of practice but who is authorized to practice in this state on a temporary basis:

AB1,44,10 (1) The physician or nurse anesthetist may fulfill the requirements of s. 655.23 (3) (a) by filing with the commissioner a certificate of insurance for a policy of health care liability insurance issued by an insurer that is authorized in a jurisdiction accredited by the National Association of Insurance Commissioners.

AB1,44,12 (2) The physician or nurse anesthetist may elect, in the manner designated by the commissioner by rule under s. 655.004, to be subject to this chapter.

AB1,59 Section 59. 895.476 of the statutes is created to read:

AB1,44,15 895.476 Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19. (1) In this section:

AB1,44,18 (a) “COVID-19” means the infection caused by the novel coronavirus SARS-CoV-2 or by any viral strain originating from SARS-CoV-2, and conditions associated with the infection.

AB1,44,23 (b) “Entity” means a partnership, corporation, association, governmental entity, or other legal entity, including a school, institution of higher education, or nonprofit organization. “Entity” includes an employer or business owner, employee, agent, or independent contractor of the entity, regardless of whether the person is paid or an unpaid volunteer.

AB1,45,3 (2) Beginning March 1, 2020, an entity is immune from civil liability for the death of or injury to any individual or damages caused by an act or omission resulting in or relating to exposure, directly or indirectly, to the novel coronavirus identified as SARS-CoV-2 or COVID-19 in the course of or through the performance or provision of the entity's functions or services.

AB1,45,7 (3) Subsection (2) does not apply if the act or omission involves reckless or wanton conduct or intentional misconduct. Noncompliance with any national, state, or local order requiring entities to close or limit capacity does not constitute reckless or wanton conduct or intentional misconduct for purposes of this section.

AB1,45,10 (4) Immunity under this section is in addition to, not in lieu of, other immunity granted by law, and nothing in this section limits immunity granted under any other provision of law, including immunity granted under s. 893.80 (4).

AB1,9101 Section 9101. Nonstatutory provisions; Administration.

AB1,45,12 (1) Loans to municipal utilities.

AB1,45,13 (a) Definitions. In this subsection:

AB1,45,14 1. “Board” means the board of commissioners of public lands.

AB1,45,15 2. “Municipal utility” has the meaning given in s. 196.377 (2) (a) 3.

AB1,45,16 3. “Trust funds” has the meaning given in s. 24.60 (5).

AB1,45,17 (b) Loans.

AB1,45,22 1. The board may loan moneys under its control or belonging to the trust funds to a city, village, or town to ensure that a municipal utility under the control of the city, village, or town is able to maintain liquidity. The loan shall be for the sum of money, for the time, and upon the conditions as may be agreed upon between the board and the borrower.

AB1,45,24 2. Each loan under this subsection shall be considered a state trust fund loan for purposes of s. 24.70.

AB1,45,25 3. The board may not award a loan under this subsection after April 15, 2021.

AB1,46,2 4. The legislature finds and determines that the loans authorized under this subsection serve a public purpose.

AB1,9106 Section 9106. Nonstatutory provisions; Children and Families.

AB1,46,9 (1) Child care and development fund block grant funds. The federal Child Care and Development Fund block grant funds received under the federal Consolidated Appropriations Act, 2021, P.L. 116-[H.R. 133], shall be credited to the appropriations under s. 20.437 (1) (mc) and (md). No moneys credited under this subsection may be encumbered or expended except as provided under s. 16.54 (2) (a) 2.

AB1,9117 Section 9117. Nonstatutory provisions; Governor.

AB1,46,12 (1) Plan for reopening the capitol and state employees return to in-person work.

AB1,46,13 (a) Definitions. In this subsection:

AB1,46,14 1. “Agency” has the meaning given in s. 230.03 (3).

AB1,46,15 2. “State employee” has the meaning given in s. 230.03 (10h).

AB1,46,17 (b) Capitol building reopened. By January 31, 2021, the governor shall submit to the legislature a plan to allow public access to the capitol building.

AB1,46,22 (c) In-person work. By January 31, 2021, the governor shall submit to the legislature a plan for when all state employees holding positions with duties that were required to be performed at the offices of their places of employment with an agency on March 1, 2020, will return to and perform those duties at the offices with that agency.

AB1,9119 Section 9119. Nonstatutory provisions; Health Services.

AB1,46,24 (1) Autopsies and cremation of bodies of persons who died of COVID-19.

AB1,47,2 (a) Definition. In this subsection, “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1,47,9 (b) Viewing of a corpse to be cremated following death from COVID-19. Notwithstanding s. 979.10 (1) (b), until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus, if any physician, coroner, or medical examiner has signed the death certificate of a deceased person and listed COVID-19 as the underlying cause of death, a coroner or medical examiner shall issue a cremation permit to cremate the corpse of that deceased person without viewing the corpse.

AB1,47,16 (c) Time for cremation of a person who has died of COVID-19. Notwithstanding s. 979.10 (1) (a) (intro.), until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus, if a physician, coroner, or medical examiner has signed the death certificate of a deceased person and listed COVID-19 as the underlying cause of death, a coroner or medical examiner shall issue, within 48 hours after the time of death, a cremation permit for the cremation of a corpse of a deceased person.

AB1,48,2 (d) Examination of the body of an inmate who has died of COVID-19. Notwithstanding s. 979.025, until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus, if an individual who has been diagnosed with COVID-19 dies while he or she is in the legal custody of the department of corrections and confined to a correctional facility located in this state, the coroner or medical examiner may perform a limited examination of the deceased individual instead of a full autopsy, which may include an external examination of the body of the deceased individual, a review of the deceased individual's medical records, or a review of the deceased individual's radiographs.

AB1,48,9 (e) Requiring electronic signature on death certificates with 48 hours if death is caused by COVID-19. Notwithstanding s. 69.18 or any other requirements to the contrary, until the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus, 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.

AB1,48,10 (2) Payment for hospitals for nursing facility care.

AB1,48,14 (a) In this subsection, “public health emergency period” means the period ending on June 30, 2021, or the termination of any public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services in response to the 2019 novel coronavirus, whichever is earlier.

AB1,48,19 (b) During the public health emergency period, subject to par. (c), the department of health services shall provide, under the Medical Assistance program, reimbursement at the statewide average per-diem rate paid to nursing facilities or a supplemental payment to hospitals for providing nursing-facility-level care when all of the following criteria apply:

AB1,48,25 1. The individual for whom the hospital provided nursing-facility-level care is enrolled in the Medical Assistance program, has been admitted on an inpatient basis to the hospital, is eligible for discharge after receiving care in the hospital, requires nursing-facility-level care upon discharge, and due to the hospital being unable to locate a nursing facility that accepts the individual for admission, is unable to be transferred to a nursing facility.

AB1,49,2 2. The services provided to the individual described under subd. 1 . are custodial care for which federal financial participation is approved.

AB1,49,4 3. The hospital notifies the department of health services that it is participating as a swing bed hospital under the Medical Assistance program.

AB1,49,12 (c) The department of health services shall use the same standards and criteria for determining whether a hospital is eligible for reimbursement or a supplemental payment under par. (a) as are used by the federal Medicare program under 42 USC 1395 et seq. for the payment for use of swing beds or, for any hospital that is not a critical access hospital, under the terms of a federal waiver approved under section 1135 of the federal social security act. The department shall seek any approval from the federal government necessary to implement the reimbursement under this subsection.

AB1,49,13 (3) Reimbursement for outpatient services provided by hospitals.

AB1,49,19 (a) Until the conclusion of a public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services in response to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier, the department of health services shall provide reimbursement under the Medical Assistance program to a hospital for any outpatient service if all of the following criteria are satisfied:

AB1,49,23 1. The facility at which the outpatient service is performed is operated by the hospital and certified under the Medicare program under 42 USC 1395 et seq., including under the terms of a federal waiver approved under section 1135 of the federal social security act, for outpatient services.

AB1,50,3 2. The outpatient service is reimbursable when provided in the hospital's inpatient facility but is not provided at the inpatient facility due to reasons associated with the 2019 novel coronavirus pandemic.

AB1,50,5 3. The outpatient service is one for which federal financial participation is approved.

AB1,50,7 (b) The department of health services may not include in a reimbursement under par. (a) payments under s. 49.45 (3) (e) 11. or 12. or (59).

AB1,50,10 (c) The department of health services shall seek any approval from the federal department of health and human services that is necessary to provide the reimbursement in accordance with this subsection.

AB1,50,16 (4) Coverage of vaccinations under SeniorCare. By January 15, 2021, the department of health services shall cover and provide reimbursement for vaccinations under the program under s. 49.688 in accordance with 2019 Wisconsin Act 185, sections 15 to 17, regardless of whether a waiver related to coverage or reimbursement of vaccinations is granted by the federal department of health and human services.

AB1,50,19 (5) Dentist enrollment in covid-19 vaccine program. The department of health services shall allow dentists eligible to administer vaccines under s. 447.059 (1) to participate in the COVID-19 vaccine program, including as a volunteer.

AB1,50,21 (6) Practice of emergency medical services personnel and providers with credentials from outside this state.

AB1,50,22 (a) Definitions. In this subsection:

AB1,50,23 1. “Ambulance service provider” has the meaning given in s. 256.01 (3).

AB1,50,25 2. “Credential” means a license, permit, certification, or registration that authorizes or qualifies any of the following:

AB1,51,4 a. An individual to perform acts that are substantially the same as those acts that an individual who holds a certification as an emergency medical responder or license as an emergency medical services practitioner in this state is authorized to perform.

AB1,51,6 b. A provider to perform acts that are substantially the same as those acts that an ambulance service provider that is licensed in this state is authorized to perform.

AB1,51,7 3. “Emergency medical responder” has the meaning given in s. 256.01 (4p).

AB1,51,9 4. “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

AB1,51,16 (b) Practice authorized. Unless the person qualifies for an exemption under s. 256.15 (2) (b) or (c) or is acting under s. 257.03, any individual with a current, valid credential issued by another state may practice under that credential and within the scope of that credential in this state without first obtaining a temporary or permanent license as an emergency medical services practitioner or certification as an emergency medical responder from the department of health services if all of the following are satisfied:

AB1,51,18 1. The practice is necessary to ensure the continued and safe delivery of emergency medical or health care services.

AB1,51,21 2. The individual is not currently under investigation and does not currently have any restrictions or limitations placed on the credential by the state that issued the credential or any other jurisdiction.

AB1,51,23 3. The need for emergency medical services reasonably prevented obtaining a license or certification in this state in advance of practice.

AB1,52,2 4. The individual practicing under this subsection applies for a license, including under s. 256.15 (7), as an emergency medical services practitioner or certification, including under s. 256.15 (8) (f), as an emergency medical responder within 10 days of first practicing in this state.

AB1,52,5 5. A provider of ambulance services or a health care facility for which the individual is providing services in this state notifies the department of health services within 5 days of the individual first practicing in this state.

AB1,52,11 (c) Practice authorized. Unless the provider qualifies for an exemption under s. 256.15 (2) (b) or (c) or is acting under s. 257.03, any provider of ambulance services with a current, valid credential issued by another state may practice under that credential and within the scope of that credential in this state without first obtaining a temporary or permanent license as an ambulance service provider from the department of health services if all of the following are satisfied:

AB1,52,13 1. The provision of services is necessary to ensure the continued and safe delivery of emergency medical or health care services.

AB1,52,16 2. The provider is not currently under investigation and does not currently have any restrictions or limitations placed on the credential by the state that issued the credential or any other jurisdiction.

AB1,52,18 3. The need for emergency medical services reasonably prevented obtaining a license in this state in advance of providing services.

AB1,52,20 4. The provider practicing under this subsection applies for a license as an ambulance service provider within 10 days of first providing services in this state.

AB1,52,23 5. An ambulance service provider or a health care facility for which the provider is providing services in this state notifies the department of health services within 5 days of the provider first providing services in this state.

AB1,53,3 (d) Withdrawal of authority. The department of health services may withdraw the ability for an individual to practice under par. (b ) or for a provider to provide services under par. (c) for good cause.

AB1,53,5 (e) Authority termination date. The authorization to practice under par. (b ) or provide services under par. (c) does not apply after June 30, 2021.