Wisconsin Legislature: AB1,7t

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.

(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.

AB1,12p Section 12p. 118.133 (1) (a) of the statutes is amended to read:

118.133 (1) (a) A school board shall permit a pupil who resides in the school district and is enrolled in a home-based private educational program or a virtual charter school to participate in interscholastic athletics in the school district on the same basis and to the same extent that it permits pupils enrolled in the school district to participate.

AB1,12q Section 12q. 118.133 (1) (b) of the statutes is amended to read:

118.133 (1) (b) Upon request, the home-based educational program or virtual charter school in which the pupil is enrolled shall provide the school board with a written statement that the pupil meets the school board's requirements for participation in interscholastic athletics based on age and academic and disciplinary records. No person may provide a false statement under this paragraph. The school board may not question the accuracy or validity of the statement or request additional information.

AB1,12r Section 12r. 118.133 (2) of the statutes is amended to read:

118.133 (2) Extracurricular activities. A school board shall permit a pupil who resides in the school district and is enrolled in a home-based private educational program or a virtual charter school to participate in extracurricular activities in the school district on the same basis and to the same extent that it permits pupils enrolled in the school district to participate.

AB1,13 Section 13 . 118.38 (4) (a) (intro.) of the statutes is amended to read:

118.38 (4) (a) (intro.) Beginning on the first day of the public health emergency declared on March 12, 2020, by executive order 72, and ending on October 31, 2020 2021, the department may do all of the following:

AB1,14 Section 14 . 118.38 (4) (a) 2. a. of the statutes is amended to read:

118.38 (4) (a) 2. a. A deadline that occurs during the period beginning on the first day of the public health emergency declared on March 12, 2020, by executive order 72, and ending on October 31, 2020 2021.

AB1,15 Section 15 . 118.38 (4) (a) 2. b. of the statutes is amended to read:

118.38 (4) (a) 2. b. A deadline for a requirement that affects a date during the period beginning on the first day of the public health emergency declared on March 12, 2020, by executive order 72, and ending on October 31, 2020 2021.

AB1,16 Section 16 . 118.38 (4) (am) of the statutes is created to read:

118.38 (4) (am) Notwithstanding par. (a) 1., the department may not waive any of the following under this subsection:

1. The pupil assessment program under s. 118.30.

2. A requirement to administer the standardized reading test required under s. 121.02 (1) (r) or to administer a standardized reading test developed by the department to 3rd grade pupils.

AB1,17 Section 17 . 118.38 (4) (c) of the statutes is amended to read:

118.38 (4) (c) A waiver under par. (a) 1. applies may apply only to the 2019-20 school year, the 2020-21 school year, or both the 2019-20 and 2020-21 school years. In each waiver under par. (a) 1., the department shall specify the school year or school years to which the waiver applies.

AB1,17j Section 17j. 153.23 (1) of the statutes is repealed.

AB1,17k Section 17k. 153.23 (2) of the statutes is renumbered 153.23 and amended to read:

153.23 Public health emergency dashboard. During the a public health emergency related to the 2019 novel coronavirus declared under 42 USC 247d by the secretary of the federal department of health and human services that is related to an outbreak or epidemic of communicable disease and that applies to any portion of this state, the entity under contract under s. 153.05 (2m) (a) shall prepare and publish a public health emergency dashboard using health care emergency preparedness program information collected by the state from acute care hospitals. A dashboard published under this section shall include information to assist emergency response planning activities. For purposes of this section, the entity and the department shall enter into a data use agreement and mutually agree to the health care emergency preparedness program information the department will provide to the entity, the information the entity will include in the dashboard, any publication schedule, and any other terms considered necessary by the entity or the department.

AB1,17p Section 17p. 251.06 (5) of the statutes is created to read:

251.06 (5) (a) A local health officer may not take any action to close or forbid gatherings in places of worship to control outbreaks and epidemics of COVID-19.

(b) Nothing in this subsection shall be construed to confer any authority on a local health officer to close or restrict capacity in places of worship or businesses.

AB1,17r Section 17r. 252.02 (3) of the statutes is amended to read:

252.02 (3) The department may close schools and forbid public gatherings in schools, churches, and other places to control outbreaks and epidemics. The department may not order the closure of or forbid gatherings in places of worship to control outbreaks and epidemics of the 2019 novel coronavirus.

AB1,17s Section 17s. 252.02 (5m) of the statutes is created to read:

252.02 (5m) Notwithstanding sub. (6) and s. 252.041, the department may not require individuals to receive a vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19.

AB1,17u Section 17u. 252.03 (2m) of the statutes is created to read:

252.03 (2m) Notwithstanding sub. (2), a local health officer may not require individuals to receive a vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19.

AB1,18 Section 18 . 323.19 (3) of the statutes is amended to read:

323.19 (3) Based 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, based on guidance provided by the secretary of health services, the head of each state agency and each local health department shall determine which public employee positions within the respective state agency or local government are critical during the public health emergency declared on March 12, 2020, by executive order 72, for the purposes of s. 40.26 (5m) and (6) (b).

AB1,19 Section 19 . 323.2912 of the statutes is amended to read:

323.2912 Suspension of limited term appointment hours. Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and selection in the division of personnel management in the department of administration may increase or suspend the number of hours for a limited term appointment for the duration of the public health emergency declared period beginning on March 12, 2020, by executive order 72 and ending on June 30, 2021.

AB1,20 Section 20 . 440.08 (2) (a) 69g. of the statutes is created to read:

440.08 (2) (a) 69g. Third-party logistics provider: July 1 of each even-numbered year.

AB1,21 Section 21 . 440.094 of the statutes is created to read:

440.094 Practice by health care providers from other states. (1) Definitions. In this section:

(a) “Credential” means a license, permit, certificate, or registration.

(b) “Health care employer” means a system, care clinic, care provider, long-term care facility, or any entity whose employed, contracted, or affiliated staff provide health care service to individuals in this state.

(c) “Health care provider” means an individual who holds a valid, unexpired credential granted by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that any of the following are licensed or certified to perform:

1. A registered nurse, licensed practical nurse, or nurse midwife licensed under ch. 441, or advanced practice nurse prescriber certified under ch. 441.

2. A chiropractor licensed under ch. 446.

3. A dentist licensed under ch. 447.

4. A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.