AB1038,50,107 1. Any deadline with respect to the filing or payment of a tax for which the
8revenue is deposited or is expected to be deposited in the general fund, a tax or fee
9for which the revenue is deposited or is expected to be deposited in the transportation
10fund, or a property tax.
AB1038,50,1211 2. The date on which an election, as defined in s. 5.02 (4), is to be held, and any
12deadline relating to an election.
AB1038,50,15 13(3) Training requirements. During an emergency period, each agency or local
14governmental unit may suspend any training requirement associated with any
15program the agency or local unit of government administers or enforces.
AB1038,82 16Section 82 . 323.2911 of the statutes is created to read:
AB1038,50,23 17323.2911 Public employee health insurance coverage. Notwithstanding
18s. 40.02 (40), for the purpose of group health insurance coverage offered by the group
19insurance board under subch. IV of ch. 40, if an employee who was on a leave of
20absence returns from leave, even if the employee has not resumed active
21performance of duty for 30 consecutive calendar days on March 12, 2020, due to the
22public health emergency declared by executive order 72, the leave of absence is
23deemed ended or interrupted on that date.
AB1038,83 24Section 83 . 323.2912 of the statutes is created to read:
AB1038,51,6
1323.2912 Suspension of limited term appointment hours.
2Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and
3selection in the division of personnel management in the department of
4administration may increase or suspend the number of hours for a limited term
5appointment for the duration of the public health emergency declared on March 12,
62020, by executive order 72.
AB1038,84 7Section 84 . 323.2913 of the statutes is created to read:
AB1038,51,15 8323.2913 Use of annual leave during probationary period by state
9employee.
Notwithstanding s. 230.35 (1) (b), a state employee may take annual
10leave within the first 6 months of the employee's probationary period upon initial
11appointment during the public health emergency declared on March 12, 2020, by
12executive order 72. If an employee who has taken annual leave under this section
13terminates his or her employment before earning annual leave equivalent to the
14amount of annual leave the employee has taken, the appointing authority shall
15deduct the cost of the unearned annual leave from the employee's final pay.
AB1038,85 16Section 85 . 323.2915 of the statutes is created to read:
AB1038,51,22 17323.2915 State civil service grievance procedures. (1) Notwithstanding
18s. 230.445 (2) and (3), an employee does not waive his or her right to appeal an
19adverse employment decision if the employee does not timely file the complaint or
20appeal during the public health emergency declared on March 12, 2020, by executive
21order 72. The tolling period under s. 230.445 (3) (a) 1. begins 14 days after the
22termination of such public health emergency.
AB1038,52,2 23(2) Notwithstanding s. 230.445 (3) (a) 2., an appointing authority or his or her
24designee is not required to meet with a complainant in person during the public

1health emergency declared on March 12, 2020, by executive order 72, when
2conducting an investigation under s. 230.445 (3) (a) 2.
AB1038,86 3Section 86 . 440.08 (5) of the statutes is created to read:
AB1038,52,64 440.08 (5) Renewal suspension for public health emergency. (a) In this
5subsection, “health care provider credential” means any credential issued under ch.
6441, 447, 448, 450, 455, 460, or 462.
AB1038,52,117 (b) Notwithstanding subs. (1) to (3) and the applicable provisions in chs. 440
8to 480, but subject to any professional discipline imposed on the credential, a health
9care provider credential is not subject to renewal, or any other conditions for renewal
10including continuing education, and remains valid during the period specified in par.
11(c).
AB1038,52,1412 (c) For purposes of par. (b), the period shall be the period beginning on March
1312, 2020, and ending on the 60th day after the end of the period covered by the public
14health emergency declared on March 12, 2020, by executive order 72.
AB1038,52,2015 (d) A renewal that occurs subsequent to the period described in par. (c) is not
16subject to the late renewal fee under sub. (3) (a) if the application to renew the
17credential is received before the next applicable renewal date. Notwithstanding the
18applicable provisions in chs. 440 to 480, the applicable credentialing board may, for
19that next applicable renewal date, provide an exemption from or reduction of
20continuing education or other conditions for renewal.
AB1038,87 21Section 87 . 450.11 (5) (a) of the statutes is amended to read:
AB1038,53,622 450.11 (5) (a) Except as provided in par. pars. (bm) and (br), no prescription may
23be refilled unless the requirements of sub. (1) and, if applicable, sub. (1m) have been
24met and written, oral, or electronic authorization has been given by the prescribing
25practitioner. Unless the prescribing practitioner has specified in the prescription

1order that dispensing a prescribed drug in an initial amount followed by periodic
2refills as specified in the prescription order is medically necessary, a pharmacist may
3exercise his or her professional judgment to dispense varying quantities of the
4prescribed drug per fill up to the total number of dosage units authorized by the
5prescribing practitioner in the prescription order including any refills, subject to par.
6(b).
AB1038,88 7Section 88 . 450.11 (5) (br) of the statutes is created to read:
AB1038,53,138 450.11 (5) (br) 1. In the event a pharmacist receives a request for a prescription
9to be refilled and the prescription cannot be refilled as provided in par. (a), the
10pharmacist may, subject to subd. 2. a. to e., extend the existing prescription order and
11dispense the drug to the patient, if the pharmacist has not received and is not aware
12of written or oral instructions from the prescribing practitioner prohibiting further
13dispensing pursuant to or extension of the prescription order.
AB1038,53,1914 2. a. A prescribing practitioner may indicate, by writing on the face of the
15prescription order or, with respect to a prescription order transmitted electronically,
16by designating in electronic format the phrase “No extensions," or words of similar
17meaning, that no extension of the prescription order may be made under subd. 1. If
18such indication is made, the pharmacist may not extend the prescription order under
19subd. 1.
AB1038,53,2520 b. A pharmacist acting under subd. 1. may not extend a prescription order to
21dispense more than a 30-day supply of the prescribed drug, except that if the drug
22is typically packaged in a form that requires a pharmacist to dispense the drug in a
23quantity greater than a 30-day supply, the pharmacist may extend the prescription
24order as necessary to dispense the drug in the smallest quantity in which it is
25typically packaged.
AB1038,54,2
1c. A pharmacist may not extend a prescription order under subd. 1. for a drug
2that is a controlled substance.
AB1038,54,53 d. A pharmacist may not extend a prescription order under subd. 1. for a
4particular patient if a prescription order was previously extended under subd. 1. for
5that patient during the period described in subd. 3.
AB1038,54,126 e. A pharmacist shall, at the earliest reasonable time after acting under subd.
71., notify the prescribing practitioner or his or her office, but is not required to
8attempt to procure a new prescription order or refill authorization for the drug by
9contacting the prescribing practitioner or his or her office prior to acting under subd.
101. After acting under subd. 1., the pharmacist may notify the patient or other
11individual that any further refills will require the authorization of a prescribing
12practitioner.
AB1038,54,1613 3. This paragraph applies only during the public health emergency declared on
14March 12, 2020, by executive order 72, and for 30 days after the conclusion of that
15public health emergency. During that time, this paragraph supersedes par. (bm) to
16the extent of any conflict.
AB1038,89 17Section 89 . 609.205 of the statutes is created to read:
AB1038,54,19 18609.205 Public health emergency for COVID-19. (1) In this section,
19“COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038,54,24 20(2) All of the following apply to a defined network plan or preferred provider
21plan during the state of emergency related to public health declared under s. 323.10
22on March 12, 2020, by executive order 72, or during the public health emergency
23declared under 42 USC 247d by the secretary of the federal department of health and
24human services in response to the COVID-19 pandemic:
AB1038,55,8
1(a) The plan may not require an enrollee to pay, including cost sharing, for a
2service, treatment, or supply provided by a provider that is not a participating
3provider in the plan's network of providers more than the enrollee would pay if the
4service, treatment, or supply is provided by a provider that is a participating
5provider. This subsection applies to any service, treatment, or supply that is related
6to diagnosis or treatment for COVID-19 and to any service, treatment, or supply that
7is provided by a provider that is not a participating provider because a participating
8provider is unavailable due to the public health emergency.
AB1038,55,139 (b) The plan shall reimburse a provider that is not a participating provider for
10a service, treatment, or supply provided under the circumstances described under
11par. (a) at 225 percent of the rate the federal Medicare program reimburses the
12provider for the same or a similar service, treatment, or supply in the same
13geographic area.
AB1038,55,20 14(3) During the state of emergency related to public health declared under s.
15323.10 on March 12, 2020, by executive order 72, or during the public health
16emergency declared under 42 USC 247d by the secretary of the federal department
17of health and human services in response to the COVID-19 pandemic, all of the
18following apply to any health care provider or health care facility that provides a
19service, treatment, or supply to an enrollee of a defined network plan or preferred
20provider plan but is not a participating provider of that plan:
AB1038,55,2421 (a) The health care provider or facility shall accept as payment in full any
22payment by a defined network plan or preferred provider plan that is at least 225
23percent of the rate the federal Medicare program reimburses the provider for the
24same or a similar service, treatment, or supply in the same geographic area.
AB1038,56,3
1(b) The health care provider or facility may not charge the enrollee for the
2service, treatment, or supply an amount that exceeds the amount the provider or
3facility is reimbursed by the defined network plan or preferred provider plan.
AB1038,56,5 4(4) The commissioner may promulgate any rules necessary to implement this
5section.
AB1038,90 6Section 90 . 609.83 of the statutes is amended to read:
AB1038,56,9 7609.83 Coverage of drugs and devices. Limited service health
8organizations, preferred provider plans, and defined network plans are subject to ss.
9632.853 and 632.895 (16t) and (16v).
AB1038,91 10Section 91 . 609.846 of the statutes is created to read:
AB1038,56,13 11609.846 Discrimination based on COVID-19 prohibited. Limited service
12health organizations, preferred provider plans, and defined network plans are
13subject to s. 632.729.
AB1038,92 14Section 92 . 609.885 of the statutes is created to read:
AB1038,56,17 15609.885 Coverage of COVID-19 testing. Defined network plans, preferred
16provider plans, and limited service health organizations are subject to s. 632.895
17(14g).
AB1038,93 18Section 93 . 625.12 (2) of the statutes is amended to read:
AB1038,57,219 625.12 (2) Classification. Risks Except as provided in s. 632.729, risks may
20be classified in any reasonable way for the establishment of rates and minimum
21premiums, except that no classifications may be based on race, color, creed or
22national origin, and classifications in automobile insurance may not be based on
23physical condition or developmental disability as defined in s. 51.01 (5). Subject to
24s. ss. 632.365 and 632.729, rates thus produced may be modified for individual risks
25in accordance with rating plans or schedules that establish reasonable standards for

1measuring probable variations in hazards, expenses, or both. Rates may also be
2modified for individual risks under s. 625.13 (2).
AB1038,94 3Section 94 . 628.34 (3) (a) of the statutes is amended to read:
AB1038,57,104 628.34 (3) (a) No insurer may unfairly discriminate among policyholders by
5charging different premiums or by offering different terms of coverage except on the
6basis of classifications related to the nature and the degree of the risk covered or the
7expenses involved, subject to ss. 632.365, 632.729, 632.746 and 632.748. Rates are
8not unfairly discriminatory if they are averaged broadly among persons insured
9under a group, blanket or franchise policy, and terms are not unfairly discriminatory
10merely because they are more favorable than in a similar individual policy.
AB1038,95 11Section 95 . 632.729 of the statutes is created to read:
AB1038,57,13 12632.729 Prohibiting discrimination based on COVID-19. (1)
13Definitions. In this section:
AB1038,57,1414 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038,57,1515 (b) “Health benefit plan” has the meaning given in s. 632.745 (11).
AB1038,57,1616 (c) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
AB1038,57,1717 (d) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
AB1038,57,22 18(2) Issuance or renewal. (a) An insurer that offers an individual or group
19health benefit plan, a pharmacy benefit manager, or a self-insured health plan may
20not establish rules for the eligibility of any individual to enroll, for the continued
21eligibility of any individual to remain enrolled, or for the renewal of coverage under
22the plan based on a current or past diagnosis or suspected diagnosis of COVID-19.
AB1038,58,323 (b) An insurer that offers a group health benefit plan, a pharmacy benefit
24manager, or a self-insured health plan may not establish rules for the eligibility of
25any employer or other group to enroll, for the continued eligibility of any employer

1or group to remain enrolled, or for the renewal of an employer's or group's coverage
2under the plan based on a current or past diagnosis or suspected diagnosis of
3COVID-19 of any employee or other member of the group.
AB1038,58,7 4(3) Cancellation. An insurer that offers an individual or group health benefit
5plan, a pharmacy benefit manager, or a self-insured health plan may not use as a
6basis for cancellation of coverage during a contract term a current or past diagnosis
7of COVID-19 or suspected diagnosis of COVID-19.
AB1038,58,11 8(4) Rates. An insurer that offers an individual or group health benefit plan,
9a pharmacy benefit manager, or a self-insured health plan may not use as a basis
10for setting rates for coverage a current or past diagnosis of COVID-19 or suspected
11diagnosis of COVID-19.
AB1038,58,17 12(5) Premium grace period. An insurer that offers an individual or group health
13benefit plan, a pharmacy benefit manager, or a self-insured health plan may not
14refuse to grant to an individual, employer, or other group a grace period for the
15payment of a premium based on an individual's, employee's, or group member's
16current or past diagnosis of COVID-19 or suspected diagnosis of COVID-19 if a
17grace period for payment of premium would generally be granted under the plan.
AB1038,96 18Section 96 . 632.895 (14g) of the statutes is created to read:
AB1038,58,2019 632.895 (14g) Coverage of COVID-19 testing. (a) In this subsection,
20“COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038,58,2521 (b) Before March 13, 2021, every disability insurance policy, and every
22self-insured health plan of the state or of a county, city, town, village, or school
23district, that generally covers testing for infectious diseases shall provide coverage
24of testing for COVID-19 without imposing any copayment or coinsurance on the
25individual covered under the policy or plan.
AB1038,97
1Section 97. 632.895 (16v) of the statutes is created to read:
AB1038,59,82 632.895 (16v) Prohibiting coverage limitations on prescription drugs. (a)
3During the period covered by the state of emergency related to public health declared
4by the governor on March 12, 2020, by executive order 72, an insurer offering a
5disability insurance policy that covers prescription drugs, a self-insured health plan
6of the state or of a county, city, town, village, or school district that covers prescription
7drugs, or a pharmacy benefit manager acting on behalf of a policy or plan may not
8do any of the following in order to maintain coverage of a prescription drug:
AB1038,59,109 1. Require prior authorization for early refills of a prescription drug or
10otherwise restrict the period of time in which a prescription drug may be refilled.
AB1038,59,1211 2. Impose a limit on the quantity of prescription drugs that may be obtained
12if the quantity is no more than a 90-day supply.
AB1038,59,1413 (b) This subsection does not apply to a prescription drug that is a controlled
14substance, as defined in s. 961.01 (4).
AB1038,98 15Section 98 . 895.4801 of the statutes is created to read:
AB1038,59,17 16895.4801 Immunity for health care providers during COVID-19
17emergency.
(1) Definitions. In this section:
AB1038,59,2018 (a) “Health care professional” means an individual licensed, registered, or
19certified by the medical examining board under subch. II of ch. 448 or the board of
20nursing under ch. 441.
AB1038,59,2221 (b) “Health care provider” has the meaning given in s. 146.38 (1) (b) and
22includes an adult family home, as defined in s. 50.01 (1).
AB1038,60,3 23(2) Immunity. Subject to sub. (3), any health care professional, health care
24provider, or employee, agent, or contractor of a health care professional or health care
25provider is immune from civil liability for the death of or injury to any individual or

1any damages caused by actions or omissions taken in providing services to address
2or in response to a 2019 novel coronavirus outbreak under circumstances that satisfy
3all of the following:
AB1038,60,84 (a) The action or omission is committed while the professional, provider,
5employee, agent, or contractor is providing services during the state of emergency
6declared under s. 323.10 on March 12, 2020, by executive order 72, relating to the
72019 novel coronavirus pandemic and for the 60 days following the date that the state
8of emergency terminates.
AB1038,60,119 (b) The actions or omissions occur during the person's good faith response to
10the emergency described under par. (a) or are substantially consistent with any of
11the following:
AB1038,60,1412 1. Any direction, guidance, recommendation, or other statement made by a
13federal, state, or local official to address or in response to the emergency or disaster
14declared as described under par. (a).
AB1038,60,1715 2. Any guidance published by the department of health services, the federal
16department of health and human services, or any divisions or agencies of the federal
17department of health and human services relied upon in good faith.
AB1038,60,1918 (c) The actions or omissions do not involve reckless or wanton conduct or
19intentional misconduct.
AB1038,60,21 20(3) Applicability. This section does not apply if s. 257.03, 257.04, 323.41, or
21323.44 applies.
AB1038,99 22Section 99 . 895.51 (title) of the statutes is amended to read:
AB1038,60,24 23895.51 (title) Civil liability exemption: food or emergency household
24products;
emergency medical supplies; donation, sale, or distribution.
AB1038,100 25Section 100 . 895.51 (1) (bd) of the statutes is created to read:
AB1038,61,2
1895.51 (1) (bd) “Cost of production” means the cost of inputs, wages, operating
2the manufacturing facility, and transporting the product.
AB1038,101 3Section 101 . 895.51 (1) (bg) of the statutes is created to read:
AB1038,61,94 895.51 (1) (bg) “Emergency medical supplies" means any medical equipment
5or supplies necessary to limit the spread of, or provide treatment for, a disease
6associated with the public health emergency related to the 2019 novel coronavirus
7pandemic, including life support devices, personal protective equipment, cleaning
8supplies, and any other items determined to be necessary by the secretary of health
9services.
AB1038,102 10Section 102 . 895.51 (1) (dp) of the statutes is created to read:
AB1038,61,1611 895.51 (1) (dp) “Public health emergency related to the 2019 novel coronavirus
12pandemic” means the period covered by the public health emergency declared under
1342 USC 247d by the secretary of the federal department of health and human
14services on January 31, 2020, in response to the 2019 novel coronavirus or the
15national emergency declared by the U.S. president under 50 USC 1621 on March 13,
162020, in response to the 2019 novel coronavirus.
AB1038,103 17Section 103 . 895.51 (2r) of the statutes is created to read:
AB1038,61,2418 895.51 (2r) Any person engaged in the manufacturing, distribution, or sale of
19emergency medical supplies, who donates or sells, at a price not to exceed the cost
20of production, emergency medical supplies to a charitable organization or
21governmental unit to respond to the public health emergency related to the 2019
22novel coronavirus pandemic is immune from civil liability for the death of or injury
23to an individual caused by the emergency medical supplies donated or sold by the
24person.
AB1038,104 25Section 104 . 895.51 (3r) of the statutes is created to read:
AB1038,62,4
1895.51 (3r) Any charitable organization that distributes free of charge
2emergency medical supplies received under sub. (2r) is immune from civil liability
3for the death of or injury to an individual caused by the emergency medical supplies
4distributed by the charitable organization.
AB1038,105 5Section 105 . Nonstatutory provisions.
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