Wisconsin Legislature: AB1,9119

(3) Subsection (2) does not apply if the act or omission involves reckless or wanton conduct or intentional misconduct.

(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.

(1) Position transfers.

(a) In this subsection, “state agency” means any office, commission, board, department, or independent agency in the executive branch of state government.

(b) The secretary of administration may transfer any employee from one state agency to another state agency to provide services for the receiving state agency. The receiving state agency shall pay all salary and fringe benefit costs of the employee during the time he or she is providing services for the receiving state agency. Any transfer by the secretary under this paragraph shall remain in effect until rescinded by the secretary or June 30, 2021, whichever occurs first.

(c) If an employee is transferred under par. (b), the receiving agency may not increase the employee's salary at the time of transfer or during the time he or she is providing services for the receiving agency and the transferring agency may not increase the employee's salary at the time the employee returns to the transferring agency.

(d) The secretary of administration shall submit a report to the joint committee on finance no later than June 1, 2021, that provides information on all employee transfers, both permanent and temporary, under par. (b ). The report shall specify the number of employees transferred, the title of each employee transferred, the title the employee assumed at the receiving agency, and the reasons for each employee transfer.

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

(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, title III of division M of P.L. 116-260, 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.

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

(1) Payment for hospitals for nursing facility care.

(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.

(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:

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.

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

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

(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. (b) 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.

(2) Payment for outpatient services provided by hospitals.

(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 or a supplemental payment under the Medical Assistance program to a hospital for providing any outpatient service when all of the following criteria are satisfied:

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.

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.

3. The outpatient service is one for which federal financial participation is approved.

(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).

(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 or a supplemental payment in accordance with this subsection.

(3) 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.

(4) Autopsies and cremation of bodies of persons who died of COVID-19.

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

(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.

(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, 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.

(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.

(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.

(5m) Practice of emergency medical services personnel and providers with credentials from outside this state.

(a) Definitions. In this subsection:

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

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

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.

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.

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

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

(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:

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

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.

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

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.

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.

(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:

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

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.

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

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.

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.

(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.

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

(6t) At-home testing. The department of health services may operate a COVID-19, at-home testing program but shall terminate the at-home testing program on September 30, 2021.

AB1,9128 Section 9128. Nonstatutory provisions; Legislature.

(1) Legislative oversight of federal funds related to COVID-19.

(a) Definitions. In this section:

1. “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

2. “Federal funds related to COVID-19" means federal moneys received by the state beginning on the effective date of this subdivision and ending on June 30, 2021, pursuant to federal legislation enacted during the 116th or 117th Congress for the purpose of COVID-19 related activities.

(b) Expenditure of federal funds related to COVID-19. Notwithstanding s. 16.54, as soon as practical after the receipt of any federal funds related to COVID-19, the governor shall submit to the joint committee on finance a plan for the expenditure of the federal funds related to COVID-19. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date the governor submits the plan, the governor may implement the plan. If, within 14 working days after the date the governor submits the plan, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the governor may implement the plan only as approved by the committee.

AB1,9134 Section 9134. Nonstatutory provisions; Public Instruction.

(1) School district semester reports related to providing virtual instruction.

(a) Definitions. In this subsection:

1. “Department” means the department of public instruction.

2. “End of semester” means the last day on which instruction is provided to pupils in a semester, as indicated on a school district's calendar. If a school district provides instruction to pupils on a basis other than semesters, the “end of the semester” means the last day of the first half of the school term, as defined in s. 115.001 (12), and the last day of the school term.

3. “Virtual instruction” means instruction provided through means of the Internet if the pupils participating in and instructional staff providing the instruction are geographically remote from each other.

(b) School board reports. By no later than 30 days after the end of each semester in the 2020-21 and 2021-22 school years, each school board shall report to the department all of the following:

1. Whether or not virtual instruction was implemented in the school district during the semester and, if implemented, in which grades it was implemented. If virtual instruction was implemented in the school district during the semester, the process for implementing the virtual instruction.

2. Whether or not in-person instruction was provided in the school district during the semester and, if provided, in which grades was it provided. If in-person instruction was provided during the semester, for each grade in which in-person instruction was provided, the number of school days in-person instruction was provided to pupils during the semester.

3. Any challenges or barriers the school board faced related to implementing virtual instruction during the semester.

4. The total amount by which the school board reduced or increased expenditures in each of the following categories because the school board provided virtual instruction during the semester:

a. Utilities.

b. Transportation.

c. Food service.

d. Salary and fringe benefits for personnel, including teachers, support staff, and administrators. This category includes expenditure reductions that result from layoffs.

e. Contract terminations.

1. In the 2021-22 school year, a school board is not required to submit a report under par. (b ) for a semester in which the school board does not provide virtual instruction to pupils in lieu of in-person instruction.

2. A school board is not required to include information related to virtual instruction provided by a virtual charter school, as defined in s. 115.001 (16), in a report required under par. (b).

(d) Reports to the legislature.

1. By April 1, 2021, the department shall compile and submit the information it received under par. (b ) for the first semester of the 2020-21 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). By September 1, 2021, the department shall compile and submit the information it received under par. (b) for the 2nd semester of the 2020-21 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

2. By April 1, 2022, the department shall compile and submit the information it received under par. (b ) for the first semester of the 2021-22 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). By September 1, 2022, the department shall compile and submit the information it received under par. (b) for the 2nd semester of the 2021-22 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

(2m) Full-time open enrollment applications; unlimited applications in the 2020-21 and 2021-22 school years.

(a) In this subsection:

1. “Nonresident school board" has the meaning given in s. 118.51 (1) (b).

2. “Nonresident school district" has the meaning given in s. 118.51 (1) (c).

3. “Parent” has the meaning given in s. 118.51 (1) (d).

(b) 1. Notwithstanding s. 118.51 (3) (a) 1., there is no limitation on the number of nonresident school boards to which the parent of a pupil may submit an application under s. 118.51 (3) (a) during the 2020-21 school year for the pupil to attend a public school in a nonresident school district under s. 118.51 in the 2021-22 school year.