2021 WISCONSIN ACT
An Act to repeal 153.23 (1);
to renumber and amend 153.23 (2) and 450.11 (5) (br) 3.; to amend 13.101 (4d), 40.26 (5m), 40.26 (6) (intro.), 70.511 (2) (a), 74.35 (5) (c), 74.37 (4) (b), 108.04 (3) (b), 108.062 (20) (intro.), 108.07 (5) (bm) 1., 108.07 (5) (bm) 2. a., 118.133 (1) (a), 118.133 (1) (b), 118.133 (2), 118.38 (4) (a) (intro.), 118.38 (4) (a) 2. a., 118.38 (4) (a) 2. b., 118.38 (4) (c), 252.02 (3), 323.19 (3), 323.2912, 440.15, 450.01 (11m), 450.01 (21s), 450.02 (1), 450.035 (2g), 450.035 (2i) (a), 450.035 (2i) (b), 450.035 (3), 450.035 (4), 450.11 (5) (br) 2. d., 609.205 (2) (intro.) and (a), 609.205 (3) (intro.), 632.895 (14g) (b) and 632.895 (16v) (a) (intro.); and to create 36.11 (44), 38.04 (33), 49.45 (3) (e) 9m., 49.45 (4r), 49.45 (39n), 50.083, 50.33 (2d), 50.36 (5m), 50.49 (6m) (d), 101.643, 103.375, 108.07 (5) (bm) 1m., 108.141 (8), 118.38 (4) (am), 251.06 (5), 252.02 (5m), 252.03 (2m), 440.08 (2) (a) 69g., 440.094, 447.059, 450.01 (13w), 450.01 (23) (p), 450.03 (1) (fm), 450.075, 450.11 (5) (br) 3. b., 609.205 (3m), 609.205 (3r), 655.0025 and 895.476 of the statutes;
relating to: state government response to COVID-19 pandemic, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1,1
Section 1
. 13.101 (4d) of the statutes is amended to read:
13.101 (4d) During the public health emergency declared on March 12, 2020, by executive order 72, and for a period of 90 days after termination of the 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 June 30, 2021, whichever is earlier, the committee may transfer under sub. (4) an amount not to exceed $75,000,000 $100,000,000 from sum sufficient appropriations, as defined under s. 20.001 (3) (d), to be used for expenditures related to the emergency.
AB1,2
Section 2
. 36.11 (44) of the statutes is created to read:
36.11 (44) Satisfaction of course requirements through certain activities. (a) In this subsection, “eligible activity” of a student means volunteering or working, for at least one semester, to assist Wisconsin in responding to the COVID-19 pandemic.
(b) The board shall ensure that each institution offers students an opportunity to use hours engaged in an eligible activity to satisfy related course requirements to the extent appropriate, as determined by the institution.
AB1,3
Section 3
. 38.04 (33) of the statutes is created to read:
38.04 (33) Satisfaction of course requirements through certain activities. (a) In this subsection, “eligible activity” of a student means volunteering or working, for at least one semester, to assist Wisconsin in responding to the COVID-19 pandemic.
(b) The board shall ensure that each district board offers students an opportunity to use hours engaged in an eligible activity to satisfy related course requirements to the extent appropriate, as determined by the district board.
AB1,4
Section 4
. 40.26 (5m) of the statutes is amended to read:
40.26 (5m) During the public health Until the conclusion of a national emergency declared on March 12, 2020, by executive order 72 the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or June 30, 2021, whichever is earlier, sub. (5) does not apply if at least 15 days have elapsed between the termination of employment with a participating employer and becoming a participating employee if the position for which the participant is hired is a critical position, as determined by the secretary of health services under s. 323.19 (3).
AB1,5
Section 5
. 40.26 (6) (intro.) of the statutes is amended to read:
40.26 (6) (intro.) A 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 June 30, 2021, whichever is earlier, a participant who is hired during the public health emergency declared on March 12, 2020, by executive order 72, may elect to not suspend his or her retirement annuity or disability annuity under sub. (1m) for the duration of the state of emergency if all of the following conditions are met:
AB1,5q
Section 5q. 49.45 (3) (e) 9m. of the statutes is created to read:
49.45 (3) (e) 9m. a. In this subdivision, “hospital-associated service” has the meaning given in s. 50.33 (2d).
b. Before January 1, 2022, any hospital-associated service that is provided by a hospital in accordance with s. 50.36 (5m) that is of the type for which payment could be claimed as an inpatient hospital service under the federal Medicare program, 42 USC 1395 et seq., shall be included as part of and reimbursed or paid as an inpatient service under this section.
AB1,5r
Section 5r. 49.45 (4r) of the statutes is created to read:
49.45 (4r) Utilization data. (a) In this subsection, “health care data aggregator” means a data organization or entity that collects, analyzes, and disseminates health care information under subch. I of ch. 153 and that requests the department to provide data under this subsection.
(b) Semiannually, the department shall provide to any health care data aggregator all Medical Assistance program fee-for-service and managed care 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 receipt of data under par. (b), a health care data aggregator shall create a data set from the data received that is de-identified health information, as described in 42 CFR 164.514 (a), and that meets the requirements for de-identification described in 42 CFR 164.514 (b) and then shall destroy the original data provided by the department under par. (b). The health care data aggregator shall make the de-identified data set available to the public and may disseminate custom data sets and reports if the data sets and reports contain only de-identified health information.
(d) Data provided by the department to a health care data aggregator under par. (b) are not subject to inspection or copying under s. 19.35. A health care data aggregator shall comply with the requirements under s. 153.50 (3) to ensure protection of patient identity with regard to data received and made available or disseminated under this subsection.
AB1,6
Section 6
. 49.45 (39n) of the statutes is created to read:
49.45 (39n) Pharmacy reimbursement for vaccines and COVID-19 tests. The department shall ensure that any vaccine against SARS-CoV-2 coronavirus and any test for COVID-19, which is the infection caused by the SARS-CoV-2 coronavirus, that are covered under this subchapter and for which reimbursement for administration is made to any provider, are covered and reimbursed when the vaccine or test is administered by a pharmacy. As necessary to comply with this subsection, the department shall certify pharmacies as providers of Medical Assistance services for the purposes of covering and reimbursing pharmacies for administering vaccines and tests described in this subsection.
AB1,7
Section 7
. 50.083 of the statutes is created to read:
50.083 Visitation by essential visitor. (1) In this section, “essential visitor” means any of the following:
(a) An individual to visit and provide support to a resident in a nursing home or assisted living facility who is designated by the nursing home resident or assisted living facility resident or by the resident's guardian or health care agent under a power of attorney.
(b) The guardian of a nursing home or assisted living facility resident or the health care agent under a power of attorney for health care for a nursing home or assisted living facility resident.
(2) Subject to sub. (2m), each nursing home and assisted living facility shall allow at least one essential visitor, who agrees to comply with any public health policies of the nursing home or assisted living facility, to enter the nursing home or assisted living facility to visit the resident in compassionate care situations, including any of the following:
(a) The resident has recently been admitted to the nursing home or assisted living facility and is experiencing difficulty in adjusting to the change in environment and lack of family presence.
(b) The resident is grieving the recent death of a friend or family member.
(c) The resident is experiencing weight loss or dehydration due to lack of support from family or caregivers when eating or drinking.
(d) The resident is experiencing emotional distress or a decline in ability or willingness to communicate.
(2m) A nursing home or assisted living facility may refuse to allow access for visitation to any essential visitor who refuses to comply with public health policies of the nursing home or assisted living facility.
(3) If the federal centers for medicare and medicaid services issues guidance that is more restrictive in allowing visitation than sub. (2), a nursing home or assisted living facility may comply with that guidance instead of complying with sub. (2).
(4) This section applies at any time a nursing home or assisted living facility limits visitors to the nursing home or assisted living facility due to an outbreak or epidemic of communicable disease in the community in which the nursing home or assisted living facility is located.
AB1,7d
Section 7d. 50.33 (2d) of the statutes is created to read:
50.33 (2d) “Hospital-associated service” means a health care service that meets all of the following conditions:
(a) The service is of the same type as those furnished by a hospital in an inpatient or outpatient facility.
(b) The service is of a type for which a payment could be claimed as a hospital service under the federal Medicare program, 42 USC 1395 et seq.
(c) The service is provided at a location other than in a facility approved by the department under s. 50.35.
(d) The service is provided in a home setting before January 1, 2022.
AB1,7g
Section 7g. 50.36 (5m) of the statutes is created to read:
50.36 (5m) If the federal centers for medicare and medicaid services has approved a hospital to provide any hospital-associated service, the department may apply to and enforce upon the hospital as the state standard for the hospital-associated service any rule or standard that is required by the centers for medicare and medicaid services for the service. This subsection does not apply on or after January 1, 2022.
AB1,7j
Section 7j. 50.49 (6m) (d) of the statutes is created to read:
50.49 (6m) (d) A hospital that is providing hospital-associated services in accordance with s. 50.36 (5m).
AB1,7m
Section 7m. 70.511 (2) (a) of the statutes is amended to read:
70.511 (2) (a) If the reviewing authority has not made a determination prior to the time of the tax levy with respect to a particular objection to the amount, valuation or taxability of property, the tax levy on the property or person shall be based on the contested assessed value of the property. A tax bill shall be sent to, and paid by, the person subject to the tax levy as though there had been no objection filed, except that the payment shall be considered to be made under protest. The entire tax bill shall be paid when due under s. 74.11, 74.12 or 74.87 even though the reviewing authority has reduced the assessment prior to the time for full payment of the tax billed. The requirement to pay a tax timely under this paragraph 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, nor to taxes due and payable in 2021 if paid by October 1, 2021, or by any installment date for which taxes are due after October 1, 2021.
AB1,7p
Section 7p. 74.35 (5) (c) of the statutes is amended to read:
74.35 (5) (c) No claim may be filed or maintained under this section unless the tax for which the claim is filed, or any authorized installment payment of the tax, is timely paid under s. 74.11, 74.12 or 74.87. This paragraph 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, nor to taxes due and payable in 2021 if paid by October 1, 2021, or by any installment date for which taxes are due after October 1, 2021.
AB1,7r
Section 7r. 74.37 (4) (b) of the statutes is amended to read:
74.37 (4) (b) No claim or action for an excessive assessment may be brought or maintained under this section unless the tax for which the claim is filed, or any authorized installment of the tax, is timely paid under s. 74.11 or 74.12. This paragraph 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, nor to taxes due and payable in 2021 if paid by October 1, 2021, or by any installment date for which taxes are due after October 1, 2021.
AB1,7t
Section 7t. 101.643 of the statutes is created to read:
101.643 Occupancy before inspection; permit. (1) A dwelling unit that is occupied in accordance with local ordinances before undergoing all inspections for compliance with the one- and 2-family dwelling code may be granted an occupancy permit if the dwelling unit later passes a final inspection for compliance with the one- and 2-family dwelling code.
(2) If an occupancy permit for a dwelling unit is granted after the dwelling unit is occupied as described in sub. (1), any missed inspection of the dwelling unit may not be listed as a finding on the occupancy permit.
AB1,7u
Section 7u. 103.375 of the statutes is created to read:
103.375 Mandatory vaccination for employment prohibited. No employer may require an employee or prospective employee to receive a vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19, or show proof of having received such a vaccine, as a condition of an offer of employment or continued employment with the employer.
AB1,8
Section 8
. 108.04 (3) (b) of the statutes is amended to read:
108.04 (3) (b) Paragraph (a) does not apply with respect to benefit years that begin after March 12, 2020, and before February 7 March 14, 2021. The department shall seek the maximum amount of federal reimbursement for benefits that are, during the time period specified in this paragraph, payable for the first week of a claimant's benefit year as a result of the application of this paragraph.
AB1,9
Section 9
. 108.062 (20) (intro.) of the statutes is amended to read:
108.062 (20) Suspensions of certain provisions. (intro.) Notwithstanding sub. (2), this subsection, and not sub. (2), applies to work-share plans submitted on or after April 17, 2020, and before December 31, 2020
the conclusion of a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or July 4, 2021, whichever is earlier, subject to sub. (19). During that period, prior to implementing a work-share program, an employer shall submit a work-share plan for the approval of the department. In its submittal, the employer shall certify that its plan is in compliance with all requirements under this section. Each plan shall:
AB1,10
Section 10
. 108.07 (5) (bm) 1. of the statutes is amended to read:
108.07 (5) (bm) 1. The Subject to subd. 1m., the department shall, when processing initial claims for regular benefits, determine whether a claim or plan is related to the public health emergency declared on March 12, 2020, by executive order 72. If a claim is so related, the regular benefits for that claim shall, except as provided in subd. 2., be paid as provided in subd. 3.
AB1,11
Section 11
. 108.07 (5) (bm) 1m. of the statutes is created to read:
108.07 (5) (bm) 1m. For purposes of this paragraph, the department shall presume that an initial claim for benefit years beginning on or after March 15, 2020, through March 13, 2021, relates to the public health emergency declared on March 12, 2020, by Executive Order 72 unless the claimant's most recent separation from employment is due to a labor dispute, voluntary termination of work, discharge for misconduct, or discharge for substantial fault. An employer is not required to submit a request for charging relief under this paragraph for initial claims described in this subdivision.
AB1,12
Section 12
. 108.07 (5) (bm) 2. a. of the statutes is amended to read:
108.07 (5) (bm) 2. a. Subdivision 1. applies only with respect to benefits payable for weeks beginning after March 12, 2020, and beginning before December 31, 2020 March 14, 2021.
AB1,12m
Section 12m. 108.141 (8) of the statutes is created to read:
108.141 (8) Secretary may waive compliance. Notwithstanding sub. (1) (c) 1. b., the secretary may, if permitted by federal law, waive the prohibition under sub. (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 benefit period which was in effect with respect to Wisconsin.
