Amendment SSA1-AB1

state government

Transfer of employees between executive branch agencies

This bill authorizes the secretary of administration to transfer employees from any executive branch agency to another executive branch agency to provide services for that agency. The transfer remains in effect until rescinded by the secretary of administration or June 30, 2021, whichever is earlier. Under the bill, the agency to which an employee is transferred must pay all salary and fringe benefit costs of that employee.

This proposal may contain a health insurance mandate requiring a social and financial impact report under s. 601.423, stats.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1-SSA1,1 Section 1 . 13.101 (4d) of the statutes is amended to read:

AB1-SSA1,12,8 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-SSA1,2 Section 2 . 36.11 (44) of the statutes is created to read:

AB1-SSA1,12,13 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.

AB1-SSA1,12,16 (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-SSA1,3 Section 3. 38.04 (33) of the statutes is created to read:

AB1-SSA1,13,5 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.

AB1-SSA1,13,8 (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-SSA1,4 Section 4 . 40.26 (5m) of the statutes is amended to read:

AB1-SSA1,13,16 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-SSA1,5 Section 5 . 40.26 (6) (intro.) of the statutes is amended to read:

AB1-SSA1,13,23 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-SSA1,6 Section 6 . 49.45 (39n) of the statutes is created to read:

AB1-SSA1,14,9 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-SSA1,7 Section 7 . 50.083 of the statutes is created to read:

AB1-SSA1,14,12 50.083 Visitation by essential visitor. (1) In this section, “essential visitor” means any of the following:

AB1-SSA1,14,16 (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.

AB1-SSA1,14,19 (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.

AB1-SSA1,14,24 (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:

AB1-SSA1,15,3 (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.

AB1-SSA1,15,4 (b) The resident is grieving the recent death of a friend or family member.

AB1-SSA1,15,6 (c) The resident is experiencing weight loss or dehydration due to lack of support from family or caregivers when eating or drinking.

AB1-SSA1,15,8 (d) The resident is experiencing emotional distress or a decline in ability or willingness to communicate.

AB1-SSA1,15,11 (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.

AB1-SSA1,15,15 (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).

AB1-SSA1,15,19 (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-SSA1,8 Section 8 . 108.04 (3) (b) of the statutes is amended to read:

AB1-SSA1,15,25 108.04 (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-SSA1,9 Section 9. 108.062 (20) (intro.) of the statutes is amended to read:

AB1-SSA1,16,10 108.062 (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-SSA1,10 Section 10 . 108.07 (5) (bm) 1. of the statutes is amended to read:

AB1-SSA1,16,16 108.07 (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-SSA1,11 Section 11 . 108.07 (5) (bm) 1m. of the statutes is created to read:

AB1-SSA1,16,25 108.07 (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-SSA1,12 Section 12. 108.07 (5) (bm) 2. a. of the statutes is amended to read:

AB1-SSA1,17,4 108.07 (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-SSA1,13 Section 13 . 118.38 (4) (a) (intro.) of the statutes is amended to read:

AB1-SSA1,17,8 118.38 (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-SSA1,14 Section 14 . 118.38 (4) (a) 2. a. of the statutes is amended to read:

AB1-SSA1,17,12 118.38 (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-SSA1,15 Section 15 . 118.38 (4) (a) 2. b. of the statutes is amended to read:

AB1-SSA1,17,16 118.38 (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-SSA1,16 Section 16 . 118.38 (4) (am) of the statutes is created to read:

AB1-SSA1,17,19 118.38 (4) (am) Notwithstanding par. (a) 1., the department may not waive any of the following under this subsection:

AB1-SSA1,17,20 1. The pupil assessment program under s. 118.30.

AB1-SSA1,17,23 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-SSA1,17 Section 17 . 118.38 (4) (c) of the statutes is amended to read:

AB1-SSA1,18,4 118.38 (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-SSA1,18 Section 18 . 323.19 (3) of the statutes is amended to read:

AB1-SSA1,18,12 323.19 (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-SSA1,19 Section 19 . 323.2912 of the statutes is amended to read:

AB1-SSA1,18,19 323.2912 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-SSA1,20 Section 20 . 440.08 (2) (a) 69g. of the statutes is created to read:

AB1-SSA1,18,22 440.08 (2) (a) 69g. Third-party logistics provider: July 1 of each even-numbered year.

AB1-SSA1,21 Section 21 . 440.094 of the statutes is created to read:

AB1-SSA1,18,25 440.094 Practice by health care providers from other states. (1) Definitions. In this section:

AB1-SSA1,19,1 (a) “Credential” means a license, permit, certificate, or registration.

AB1-SSA1,19,4 (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.

AB1-SSA1,19,8 (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:

AB1-SSA1,19,10 1. A registered nurse, licensed practical nurse, or nurse midwife licensed under ch. 441, or advanced practice nurse prescriber certified under ch. 441.

AB1-SSA1,19,11 2. A chiropractor licensed under ch. 446.

AB1-SSA1,19,12 3. A dentist licensed under ch. 447.

AB1-SSA1,19,14 4. A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

AB1-SSA1,19,16 5. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX of ch. 448.

AB1-SSA1,19,17 6. A podiatrist licensed under subch. IV of ch. 448.

AB1-SSA1,19,18 7. A dietitian certified under subch. V of ch. 448.

AB1-SSA1,19,19 8. An athletic trainer licensed under subch. VI of ch. 448.

AB1-SSA1,19,21 9. An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.

AB1-SSA1,19,22 10. An optometrist licensed under ch. 449.

AB1-SSA1,19,23 11. A pharmacist licensed under ch. 450.

AB1-SSA1,19,24 12. An acupuncturist certified under ch. 451.

AB1-SSA1,19,25 13. A psychologist licensed under ch. 455.

AB1-SSA1,20,3 14. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457 or a clinical substance abuse counselor certified under s. 440.88.

AB1-SSA1,20,5 15. A speech-language pathologist or audiologist licensed under subch. II of ch. 459.

AB1-SSA1,20,6 16. A massage therapist or bodywork therapist licensed under ch. 460.

AB1-SSA1,20,14 (2) Practice by health care providers from other states. (a) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, a health care provider may provide services within the scope of the credential that the health care provider holds and the department shall grant the health care provider a temporary credential to practice under this section if all of the following apply:

AB1-SSA1,20,18 1. The health care provider applies to the department for a temporary credential under this section within 30 days of beginning to provide health care services for a health care employer. The health care provider shall include in the application an attestation of all of the following:

AB1-SSA1,20,20 a. The date on which the health care provider first provided health care services in this state under this section.

AB1-SSA1,20,22 b. That the health care provider holds a valid, unexpired, credential granted in another state.

AB1-SSA1,20,25 c. The health care provider is not currently under investigation and no restrictions or limitations are currently placed on the health care provider's credential by the credentialing state or any other jurisdiction.

AB1-SSA1,21,6 d. The health care provider has applied for a permanent credential granted by the department or an examining board, as applicable, under chs. 440 to 480. This subd. 1. d. does not apply to a health care provider who provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends.

AB1-SSA1,21,11 2. If the health care provider provides services other than services provided through telehealth as described in sub. (3), the health care employer of the health care provider attests all of the following to the department within 10 days of the date on which the health care provider begins providing health care services in this state under this section: