The bill, however, allows the secretary to waive the application of the changes
described above if doing so is necessary to comply with federal requirements or for
this state to qualify for full federal financial participation in the cost of
administration of the work-share program and financing of work-share benefits.
The bill also requires DWD to allow employers to submit work-share plan
applications using an online form and to provide assistance to employers with
submitting applications and developing work-share plans.
The bill also specifies that a work-share program shall be governed by the law
that was in effect when the plan was approved, until the program ends as provided
under current law.
Worker's compensation
Rebuttable presumption that injury caused to first responders during
current public health emergency is caused by employment
This bill provides that, for the purposes of worker's compensation, an injury
caused to a first responder, during any public health emergency declared by the
governor on March 12, 2020, by executive order 72 and ending 30 days after the
termination of the order, is presumed to be caused by the individual's employment.
The presumption requires a diagnosis or positive test for COVID-19, and may be
rebutted by specific evidence that the injury was caused outside of employment.
Other employment
Employee records during public health emergency
Under the bill, the requirements that an employer provide an employee's
personnel record within seven working days after receiving the request, that the
inspection be at a location near the employee's place of employment, and that the
inspection be during normal working hours are suspended during the public health
emergency declared on March 12, 2020, by executive order 72.
Suspension of certain time limits and in-person meetings for grievance
process during public health emergency
Under the bill, a state employee does not waive his or her right to appeal an
adverse employment decision if the employee does not timely file the complaint or
appeal during the public health emergency declared on March 12, 2020, by executive
order 72. Under current law, an employee waives such right if the employee does not
timely file.
Under the bill, an appointing authority is not required to hold an in-person
meeting with a state employee who has filed an employment grievance during the
public health emergency declared on March 12, 2020, by executive order 72.
Use of annual leave during public health emergency
Under the bill, a state employee may take annual leave during the public health
emergency declared on March 12, 2020, by executive order 72, even if the employee
has not completed the first six months of the employee's probationary period. If the
employee terminates employment before earning any leave the employee used, the
employer may deduct the amount of unearned leave from the employee's final pay.
Under current law, an employee may not take annual leave during the first six
months of the employee's probationary period.
Limited term employees during public health emergency
Under the bill, the director of the Bureau of Merit Recruitment and Selection
in the Division of Personnel Management in the Department of Administration may
adjust the number of hours a state employee in a limited term appointment may work
during the public health emergency declared on March 12, 2020, by executive order
72. Under current law, a limited term appointment may not exceed 1,040 hours per
year.
9.
health and human services
Enhanced federal medical assistance percentage
This bill allows DHS to suspend compliance with current premium and health
risk assessment requirements for childless adults, delay implementation of the
community engagement requirement for childless adults, and maintain continuous
enrollment under the Medical Assistance program in compliance with federal law in
order to satisfy criteria for an enhanced federal medical assistance percentage, or
FMAP, under the Medical Assistance program during the period to which the
enhanced federal medical assistance percentage applies. The FMAP is the
percentage of Medicaid-related costs that the federal government provides a state
after a state has paid for its share of the costs.
Prescription order extensions
Current law allows a pharmacist to extend a prescription order under certain
circumstances in the event that the prescription cannot otherwise be refilled, subject
to certain criteria and limitations.
This bill creates an alternative authorization for a pharmacist to extend a
prescription during the period covered by a public health emergency declared on
March 12, 2020, by executive order 72, and for 30 days after the conclusion of that
public health emergency. Under the bill, during that period, the prescribing
practitioner is exempt from having to contact the prescribing practitioner or his or
her office, and certain other requirements also do not apply. However, the
pharmacist may not extend a prescription if the prescribing practitioner has
indicated that no extensions are permitted. The pharmacist may extend the
prescription by up to a 30-day supply, except that if the drug is typically packaged
in a form that requires a pharmacist to dispense the drug in a quantity greater than
a 30-day supply, the pharmacist may extend the prescription order as necessary to
dispense the drug in the smallest quantity in which it is typically packaged. The bill
allows only one extension of a prescription by a pharmacist during a public health
emergency period.
Hours of instructional program for nurse aides
This bill conforms state law for instructional programs for nurse aides to the
federal law requirements for Medicare and Medicaid. Specifically, the bill prohibits
DHS from requiring an instructional program to exceed the federally required
minimum total training hours or minimum hours of supervised practical training,
which is clinical experience, specified in the federal regulation. The current federal
regulation requires no less than 75 hours of training with at least 16 of those hours
being supervised practical training.
Collection and reporting of public health emergency data
This bill requires the entity that is under contract under current law to collect,
analyze, and disseminate the health care information of hospitals and ambulatory
surgery centers to prepare and publish a public health emergency dashboard during
the state of emergency related to COVID-19 declared by the governor or a federally
declared emergency, disaster, or public health emergency that involves Wisconsin.
The public health emergency dashboard uses health care emergency preparedness
information collected by the state from acute care hospitals and must include
information to assist emergency response planning activities. The entity and DHS
must enter into a data use agreement and mutually agree to certain items specified
in the bill.
Health information exchange pay-for-performance system
DHS shall develop for the Medical Assistance program a payment system based
on performance to incentivize participation in the health information exchange as
specified in the bill.
Legislative oversight during COVID-19 public health emergency
This bill makes inapplicable during the public health emergency declared by
the federal secretary of health and human services in response to the 2019 novel
coronavirus certain legislative oversight procedures for requests for waivers,
amendments to a waiver, or other federal approval but only if the request is for
something specifically authorized in the bill. The legislative oversight procedures
that would be inapplicable are the procedures under which the Department of Health
Services must submit such a request if it has been directed by legislation. Any
extension or renewal of the items specified in the bill must comply with legislative
oversight requirements in current law as the bill specifies that DHS may implement
the items specified in the bill only on a temporary basis to address the 2019 novel
coronavirus pandemic for which the public health emergency was declared by the
federal secretary.
Coverage of vaccinations under SeniorCare
This bill requires the Department of Health Services to include coverage of
vaccinations through the SeniorCare program. Under current law, DHS administers
the SeniorCare program, which provides assistance to the elderly in the purchase of
prescription drugs. The program is operated under a waiver of federal Medicaid
laws, but DHS is required to implement the program regardless of whether the
waiver is received from the federal Department of Health and Human Services. This
bill incorporates coverage through the SeniorCare program of those vaccinations
recommended for administration to adults by the federal Centers for Disease Control
and Prevention's Advisory Committee on Immunization Practices and approved by
DHS. The bill requires DHS to provide payments to health care providers that
administer the vaccinations and submit claims for payment in the manner required.
Under the bill, DHS may provide payment for a vaccination only after deducting the
amount of any payment for the vaccination available from other sources.
Immunity from civil liability for health care providers during COVID-19
emergency
This bill provides immunity from civil liability for health care professionals and
providers and employees, agents, or contractors of those professionals or providers
for death, injury, or damages caused by actions or omissions taken in providing
services to address or in response to a 2019 novel coronavirus outbreak during an
emergency or disaster declared relating to the 2019 novel coronavirus pandemic. To
be immune from civil liability, the actions or omissions must not involve reckless or
wanton conduct or intentional misconduct and must occur during a good faith
response to the emergency or be substantially consistent with either a direction,
guidance, recommendation, or other statement made by a federal, state, or local
official to address or in response to the emergency or disaster or any published
guidance of DHS or the federal Department of Health and Human Services relied
upon in good faith.
Cremation permits and electronic signature of death certificates
Under current law, a coroner or medical examiner must view the corpse of a
deceased person before issuing a cremation permit, and the corpse may not be
cremated within 48 hours after the death unless the death was caused by a
contagious or infectious disease. Under this bill, for the duration of the public health
emergency declared on March 12, 2020, by executive order 72, if a physician, coroner,
or medical examiner has signed the death certificate of a deceased person and listed
COVID-19 as the cause of death, a coroner or medical examiner must issue a
cremation permit without viewing the corpse of a deceased person and a coroner or
medical examiner must issue the permit within 48 hours after the time of death. The
bill also requires that 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.
Renewals of credentials for emergency medical services providers
This bill prohibits DHS from requiring an ambulance service provider,
emergency medical services practitioner, or emergency medical responder that holds
a credential to renew the credential or to meet renewal requirements during the
public health emergency declared on March 12, 2020, by executive order 72. Under
the bill, a renewal that occurs after the emergency period is not considered a late
renewal if the application to renew the credential is received before the next
applicable renewal date, and DHS may, for that next applicable renewal date,
provide an exemption from or reduction of continuing education or other conditions
for renewal. Current law requires licenses for ambulance service providers and
emergency medical services practitioners and certificates for emergency medical
responders to be renewed every three years. Currently, emergency medical services
practitioners must complete training, education, or examination requirements set
by DHS to renew their licenses. Current law requires ambulance service providers
must provide a financial report and a certification by each governmental unit in the
service or contract area for license renewal. Currently, emergency medical
responders must take a refresher course to renew their certificates.
Child Care and Development Fund block grant funding
Under this bill, federal Child Care and Development Fund block grant funds
received by the state under the federal Coronavirus Aid, Relief, and Economic
Security (CARES) Act of 2020 are credited to federal block grant appropriations and
the purposes for the expenditure of those funds are subject to passive review by the
Joint Committee on Finance.
10.
Housing
Deadline for applying for heating assistance
Under current law, a household may apply for heating assistance under DOA's
low-income energy assistance program after September 30 and before May 16 of any
year. Under this bill, applications may be submitted at any time in calendar year
2020.
11.
INSURANCE
Payments for services by out-of-network providers
During the public health emergency declared by the governor or by the
secretary of the federal Department of Health and Human Services in response to
the COVID-19 pandemic, the bill prohibits a defined network plan, including a
health maintenance organization, or preferred provider plan from requiring an
enrollee of the plan to pay more for a service, treatment, or supply provided by an
out-of-network provider than if the service, treatment, or supply is provided by a
provider that is participating in the plan's network. This prohibition applies to any
service, treatment, or supply that is related to diagnosis or treatment for COVID-19
and any service, treatment, or supply that is provided by a provider that is not a
participating provider because a participating provider is unavailable due to the
public health emergency. For a service, treatment, or supply provided under those
circumstances, the bill requires the plan to reimburse the out-of-network provider
at 225 percent of the federal Medicare program rate. Also under those
circumstances, any health care provider or facility that provides a service,
treatment, or supply to an enrollee of a plan but is not a participating provider of that
plan shall accept as payment in full any payment by a plan that is at least 225 percent
of the federal Medicare program rate and may not charge the enrollee an amount
that exceeds the amount the provider or facility is reimbursed by the plan.
Prohibiting coverage discrimination based on COVID-19 diagnosis
This bill prohibits insurers that offer an individual or group health benefit plan,
pharmacy benefit managers, or self-insured governmental health plans from doing
any of the following based on a current or past diagnosis or suspected diagnosis of
COVID-19: establishing rules for the eligibility of any individual, employer, or group
to enroll or remain enrolled in a plan or for the renewal of coverage under the plan;
cancelling coverage during a contract term; setting rates for coverage; or refusing to
grant a grace period for payment of a premium that would generally be granted.
Prohibiting certain prescription drugs coverage limits
The bill prohibits insurers that offer health insurance, self-insured
governmental health plans, and pharmacy benefit managers from requiring prior
authorization for early refills of a prescription drug or otherwise restricting the
period of time in which a prescription drug may be refilled and from imposing a limit
on the quantity of prescription drugs that may be obtained if the quantity is no more
than a 90-day supply. These prohibitions do not apply if the prescription drug is a
controlled substance.
Liability insurance for physicians and nurse anesthetists
This bill specifies that, during the public health emergency declared on March
12, 2020, by executive order 72, a physician or nurse anesthetist for whom Wisconsin
is not a principal place of practice but who is temporarily authorized to practice in
Wisconsin may fulfill financial responsibility requirements by filing with the
commissioner of insurance a certificate of insurance for a policy of health care
liability insurance issued by an insurer authorized in a certain jurisdiction specified
in the bill and may elect to be covered by Wisconsin's health care liability laws.
Coverage of COVID-19 testing without cost sharing
The bill requires every health insurance policy and every self-insured
governmental health plan that generally covers testing for infectious disease to
provide coverage of testing for COVID-19 without imposing any copayment or
coinsurance before March 13, 2021. A health insurance policy is referred to in the
bill as a disability insurance policy.
12.
legislature
Transfer of moneys from sum sufficient appropriations
The Joint Committee on Finance may currently transfer moneys between sum
certain and continuing appropriations if JCF finds that unnecessary duplication of
functions can be eliminated, more efficient and effective methods for performing
programs will result, or legislative intent will be more effectively carried out because
of the transfer.
This bill authorizes JCF to transfer moneys from sum sufficient appropriations
during the public health emergency declared on March 12, 2020, by executive order
72 and for 90 days after the end of the emergency. The total amount that may be
transferred from all sum sufficient appropriations during the emergency may not
exceed $75,000,000.
Audit of programs and expenditures under this act
Under this bill, beginning on July 1, 2020, and ending on June 30, 2021, the
Legislative Audit Bureau must review programs affected by this act and
expenditures authorized under this act and must report the results of its reviews at
least quarterly to the legislature and to the Joint Legislative Audit Committee.
13.
local government
Board of review meeting
Under current law, a town, city, or village annually convenes a meeting of the
board of review to hear objections to local assessments. The board must meet during
the 45-day period beginning on the fourth Monday in April, but no sooner than seven
days after the last day on which the property tax assessment roll is open for public
examination. If the assessment roll is not complete in time for the board's first
meeting, the board meets, but adjourns until the roll is complete. Under the bill,
regardless of whether the 2020 assessment roll is complete at the time of the 45-day
period beginning on the 4th Monday of April, the board may publish a notice that the
board has adjourned and will proceed as provided under current law.
Annual town meeting
Under current law, a town is required to hold an annual town meeting. The
town meeting must be held on the third Tuesday of April, except that the town may
set another date within ten days after the third Tuesday of April. This bill allows a
town board or, if the town board is unable to promptly meet, the town chair to
postpone the town meeting so that it does not occur during the period beginning on
the first day of the public health emergency declared by the governor by executive
order 72 and ending 60 days after the termination of that order.
14.
OCCUPATIONAL REGULATION
Health care provider credential renewals
This bill exempts certain health care provider credentials issued by
credentialing boards in the Department of Safety and Professional Services from
having to be renewed during the period covered by the public health emergency
declared on March 12, 2020, by executive order 72, through the 60th day after the
conclusion of that emergency (exemption period).
For the next applicable renewal period after the exemption period, the
credential holder is not subject to any late renewal fee, and the applicable
credentialing board may provide an exemption from or reduction of continuing
education or other renewal requirements.
Temporary credentials for former health care providers
This bill authorizes former health care providers to obtain a temporary
credential granted by DSPS and provide health care services for which they have
been previously licensed or certified. Under the bill, DSPS may grant a temporary
credential to a person who applies and was at any time during the previous five years,
but is not currently, any of the following, if the person's credential was never revoked,
limited, suspended, or denied renewal: 1) a physician, physician assistant, or
perfusionist; 2) a registered nurse, licensed practical nurse, or nurse-midwife; 3) a
dentist; 4) a pharmacist; 5) a psychologist; 6) a social worker; 7) a marriage and
family therapist; 8) a professional counselor; 9) a clinical substance abuse counselor;
or 10) a practitioner holding a credential to practice a profession identified by DHS.
A temporary credential granted under the bill expires 90 days after the conclusion
of the public health emergency declared on March 12, 2020, by executive order 72.
Current law generally prohibits a person from engaging in certain health
care–related practices without holding a required credential.
The bill also authorizes DSPS, during the public health emergency, to waive
fees for applications for an initial credential and renewal of a credential for
physicians, physician assistants, nurses, dentists, pharmacists, psychologists, and
certain behavioral health providers.
Temporary credentials for health care providers from other states
This bill authorizes health care providers licensed in another state or territory
to obtain a temporary credential granted by DSPS and provide health care services
for which they are licensed or certified. Under the bill, DSPS may grant a temporary
credential to a person who applies and holds a valid, unexpired credential granted
by another state or territory that authorizes the person to act as any of the following:
1) a physician, physician assistant, or perfusionist; 2) a registered nurse, licensed
practical nurse, or nurse-midwife; 3) a dentist; 4) a pharmacist; 5) a psychologist; 6)
a social worker; 7) a marriage and family therapist; 8) a professional counselor; 9)
a clinical substance abuse counselor; or 10) a practitioner holding a credential to
practice a profession identified by DHS. A temporary credential granted under the
bill expires 90 days after the conclusion of the public health emergency declared on
March 12, 2020, by executive order 72.
Current law generally prohibits a person from engaging in certain health-care
related practices without holding a required credential.
The bill also authorizes DSPS, during the public health emergency, to waive
fees for applications for an initial credential and renewal of a credential for
physicians, physician assistants, nurses, dentists, pharmacists, psychologists, and
certain behavioral health providers.
15.
public utilities
Loans to municipal utilities for the purpose of maintaining liquidity
Under current law, the Board of Commissioners of Public Lands manages the
common school fund, the normal school fund, the university fund, and the
agricultural college fund (trust funds). Current law authorizes the BCPL to manage
and invest moneys belonging to the trust funds in good faith and with the care an
ordinary prudent person in a like position would exercise under similar
circumstances.
On March, 11, 2020, the governor issued emergency order 11 in connection with
the COVID-19 public health emergency. EO 11 suspended certain rules of the Public
Service Commission to ensure that customers of public utilities do not experience a
loss of service during the public health emergency. EO 11 also required that deferred
payment agreements be made available not only to residential customers but also
commercial, farm, and industrial customers of public utilities.
This bill authorizes the BCPL to loan moneys belonging to the trust funds to
municipal utilities to ensure that municipal utilities are able to maintain liquidity
during the COVID-19 public health emergency. A municipal utility is a public utility
that is a city, village, or town, or that is wholly owned or operated by a city, village,
or town.
