Amendment SSA2-AB1

AB1-SSA2,40,25 (4) Rules. The board shall promulgate rules implementing this section. The rules shall ensure compliance with the federal drug supply chain security act, 21 USC 360eee, et seq. The board may not promulgate rules that impose requirements more strict than the federal drug supply chain security act, or any regulations passed under the federal drug supply chain security act. The board may not promulgate rules that require a license under this section.

AB1-SSA2,41,4 (5) Access to records. Applications for licensure under this section are not subject to inspection or copying under s. 19.35, and may not be disclosed to any person except as necessary for compliance with and enforcement of the provisions of this chapter.

AB1-SSA2,41,9 (6) Applicability. This section does not apply if the board determines that the federal food and drug administration has established a licensing program for 3rd-party logistics providers under 21 USC 360eee-3 and that licensing by this state of resident 3rd-party logistics providers is not required for a resident 3rd-party logistics provider to provide 3rd-party logistics provider services in another state.

AB1-SSA2,79 Section 79 . 450.11 (5) (br) 2. d. of the statutes is amended to read:

AB1-SSA2,41,13 450.11 (5) (br) 2. d. A pharmacist may not extend a prescription order under subd. 1. for a particular patient if a prescription order was previously extended under subd. 1. for that patient during the applicable period described in subd. 3.

AB1-SSA2,80 Section 80 . 450.11 (5) (br) 3. of the statutes is renumbered 450.11 (5) (br) 3. (intro.) and amended to read:

AB1-SSA2,41,16 450.11 (5) (br) 3. (intro.) This paragraph applies only during as follows:

AB1-SSA2,41,19 a. During the public health emergency declared on March 12, 2020, by executive order 72, and for 30 days after the conclusion of that public health emergency. During that time,

AB1-SSA2,41,21 4. While this paragraph applies as specified in subd. 3., it supersedes par. (bm) to the extent of any conflict.

AB1-SSA2,81 Section 81 . 450.11 (5) (br) 3. b. of the statutes is created to read:

AB1-SSA2,41,24 450.11 (5) (br) 3. b. During the period beginning on the effective date of this subd. 3. b. .... [LRB inserts date], and ending on December 31, 2021.

AB1-SSA2,82 Section 82. 609.205 (2) and (3) (intro.) and (a) of the statutes are amended to read:

AB1-SSA2,42,6 609.205 (2) All of the following apply to a defined network plan or preferred provider plan during the state of emergency related to public health declared under s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days following the date that the state of emergency terminates before January 1, 2022:

AB1-SSA2,42,14 (a) The plan may not require an enrollee to pay, including cost sharing, for a service, treatment, or supply provided by a provider that is not a participating provider in the plan's network of providers more than the enrollee would pay if the service, treatment, or supply is provided by a provider that is a participating provider. This subsection applies to any service, treatment, or supply that is related to diagnosis or treatment for COVID-19 and to 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 COVID-19 pandemic.

AB1-SSA2,42,19 (b) The plan shall reimburse a provider that is not a participating provider for a service, treatment, or supply provided under the circumstances described under par. (a) at 225 250 percent of the rate the federal Medicare program reimburses the provider for the same or a similar service, treatment, or supply in the same geographic area.

AB1-SSA2,42,25 (3) (intro.) During the state of emergency related to public health declared under s. 323.10 on March 12, 2020, by executive order 72, and for the 60 days following the date that the state of emergency terminates Before January 1, 2022, all of the following apply to any health care provider or health care facility that provides a service, treatment, or supply to an enrollee of a defined network plan or preferred provider plan but is not a participating provider of that plan:

AB1-SSA2,43,4 (a) The health care provider or facility shall accept as payment in full any payment by a defined network plan or preferred provider plan that is at least 225 250 percent of the rate the federal Medicare program reimburses the provider for the same or a similar service, treatment, or supply in the same geographic area.

AB1-SSA2,83 Section 83 . 609.719 of the statutes is created to read:

AB1-SSA2,43,7 609.719 Telehealth services. Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.871.

AB1-SSA2,84 Section 84 . 609.887 of the statutes is created to read:

AB1-SSA2,43,11 609.887 Coverage of COVID-19 for health care workers. Defined network plans, preferred provider plans, and limited service health organizations are subject to s. 632.895 (14f).

AB1-SSA2,85 Section 85 . 632.871 of the statutes is created to read:

AB1-SSA2,43,13 632.871 Telehealth services. (1) Definitions. In this section:

AB1-SSA2,43,14 (a) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).

AB1-SSA2,43,15 (b) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

AB1-SSA2,43,19 (c) “Telehealth” means a practice of health care delivery, diagnosis, consultation, treatment, or transfer of medically relevant data by means of audio, video, or data communications that are used either during a patient visit or consultation or are used to transfer medically relevant data about a patient.

AB1-SSA2,43,23 (2) Coverage denial prohibited. No disability insurance policy or self-insured health plan may deny coverage before January 1, 2022, for a treatment or service provided through telehealth if that treatment or service is covered by the policy or plan when provided in person by a health care provider.

AB1-SSA2,43,25 (3) Rule making. The commissioner may promulgate any rules necessary to implement this section.

AB1-SSA2,86 Section 86. 632.895 (14f) of the statutes is created to read:

AB1-SSA2,44,3 632.895 (14f) Coverage of COVID-19 for health care workers. (a) In this subsection:

AB1-SSA2,44,4 1. “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1-SSA2,44,5 2. “Frontline health care worker” has the meaning given in s. 16.34 (1).

AB1-SSA2,44,16 (b) Every disability insurance policy, and every self-insured health plan of the state or of a county, city, town, village, or school district, that generally covers testing and treatment for infectious diseases shall provide coverage of testing and any treatment that is medically necessary and reasonably related to COVID-19 or any other communicable disease or complications of COVID-19 or other communicable disease for frontline health care workers who have been diagnosed with or are a patient under investigation for having COVID-19 or any other communicable disease, without imposing any copayment or coinsurance on the individual covered under the policy or plan. An insurer may apply for a grant from the department of administration for a subsidy for the costs of this coverage, as set forth in s. 16.34 (4) (b).

AB1-SSA2,87 Section 87 . 632.895 (14g) (b) of the statutes is repealed and recreated to read:

AB1-SSA2,44,24 632.895 (14g) (b) Before January 1, 2022, every disability insurance policy, and every self-insured health plan of the state or of a county, city, town, village, or school district, that generally covers testing and treatment for infectious diseases shall provide coverage of diagnosis of and testing and treatment for COVID-19, including any prescription drugs, and administration of any vaccination developed to prevent COVID-19 without imposing any copayment or coinsurance on the individual covered under the policy or plan.

AB1-SSA2,88 Section 88 . 632.895 (16v) (a) (intro.) of the statutes is amended to read:

AB1-SSA2,45,7 632.895 (16v) (a) (intro.) During the period covered by the state of emergency related to public health declared by the governor on March 12, 2020, by executive order 72 before January 1, 2022, an insurer offering a disability insurance policy that covers prescription drugs, a self-insured health plan of the state or of a county, city, town, village, or school district that covers prescription drugs, or a pharmacy benefit manager acting on behalf of a policy or plan may not do any of the following in order to maintain coverage of a prescription drug:

AB1-SSA2,89 Section 89 . 655.0025 of the statutes is created to read:

AB1-SSA2,45,12 655.0025 Participation during public health emergency. Before January 1, 2022, all of the following apply to a physician or nurse anesthetist for whom this state is not a principal place of practice but who is authorized to practice in this state on a temporary basis:

AB1-SSA2,45,16 (1) The physician or nurse anesthetist may fulfill the requirements of s. 655.23 (3) (a) by filing with the commissioner a certificate of insurance for a policy of health care liability insurance issued by an insurer that is authorized in a jurisdiction accredited by the National Association of Insurance Commissioners.

AB1-SSA2,45,18 (2) The physician or nurse anesthetist may elect, in the manner designated by the commissioner by rule under s. 655.004, to be subject to this chapter.

AB1-SSA2,9101 Section 9101. Nonstatutory provisions; Administration.

AB1-SSA2,45,22 (1) COVID-19 testing and surge capacity. The department of administration shall do all of the following related to infection caused by the SARS-CoV-2 coronavirus, known as COVID-19:

AB1-SSA2,45,23 (a) Facilitate COVID-19 testing and diagnosis throughout this state.

AB1-SSA2,45,25 (b) Operate alternate care facilities staffed by health care professionals for patients diagnosed with COVID-19.

AB1-SSA2,46,2 (c) Facilitate surge staffing resources for health care facilities throughout the state.

AB1-SSA2,9119 Section 9119. Nonstatutory provisions; Health Services.

AB1-SSA2,46,4 (1) Payment for hospitals for nursing facility care.

AB1-SSA2,46,8 (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.

AB1-SSA2,46,13 (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:

AB1-SSA2,46,19 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.

AB1-SSA2,46,21 2. The services provided to the individual described under subd. 1 . are custodial care for which federal financial participation is approved.

AB1-SSA2,46,23 3. The hospital notifies the department of health services that it is participating as a swing bed hospital under the Medical Assistance program.

AB1-SSA2,47,6 (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. (a) 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.

AB1-SSA2,47,7 (2) Reimbursement for outpatient services provided by hospitals.

AB1-SSA2,47,13 (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 under the Medical Assistance program to a hospital for any outpatient service if all of the following criteria are satisfied:

AB1-SSA2,47,17 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.

AB1-SSA2,47,20 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.

AB1-SSA2,47,22 3. The outpatient service is one for which federal financial participation is approved.

AB1-SSA2,47,24 (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).

AB1-SSA2,48,3 (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 in accordance with this subsection.

AB1-SSA2,48,12 (3) Childless adults demonstration project. The department of health services shall submit any necessary request to the federal department of health and human services for a state plan amendment or waiver of federal Medicaid law or to modify or withdraw from any waiver of federal Medicaid law relating to the childless adults demonstration project under s. 49.45 (23), 2017 stats., to reflect the incorporation of recipients of Medical Assistance under the demonstration project into the BadgerCare Plus program under s. 49.471 and the termination of the demonstration project. Sections 20.940 and 49.45 (2t) do not apply to a submission to the federal government under this subsection.

AB1-SSA2,9134 Section 9134. Nonstatutory provisions; Public Instruction.

AB1-SSA2,48,17 (1) Pupil assessments; exemption 2020-21 school year. Sections 115.7915 (5) (b) and (6) (j), 118.016 (1) (b), 118.30 (1m), (1r), (1s), and (1t), 118.40 (2r) (d) 2. and (2x) (d) 2., 118.60 (7) (b) 1., 119.23 (7) (b) 1., and 121.02 (1) (r) and (s) do not apply in the 2020-21 school year.

AB1-SSA2,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB1-SSA2,49,3 (1) Emergency rules related to 3rd-party logistics providers. The pharmacy examining board may promulgate emergency rules under s. 227.24 implementing s. 450.075. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until June 30, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB1-SSA2,49,4 (2) Interim licensure of 3rd-party logistics providers.

AB1-SSA2,49,5 (a) In this subsection, the definitions under s. 450.01 apply.

AB1-SSA2,49,16 (b) The board shall grant an interim license to an applicant to act as a 3rd-party logistics provider or an out-of-state 3rd-party logistics provider if, in the opinion of the board, the applicant is currently in compliance with federal law relating to 3rd-party logistics providers. The holder of an interim license under this subsection shall apply for a license under s. 450.075 on or after the date that emergency rules take effect under sub. (1), or the date on which permanent rules take effect, whichever is sooner. An interim license granted under this subsection expires 90 days after the date that emergency rules take effect under sub. (1), or 90 days after the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 440.05, no fee is required for an interim license issued under this subsection.

AB1-SSA2,9150 Section 9150. Nonstatutory provisions; Workforce Development.

AB1-SSA2,49,19 (1) Unemployment insurance; registration for work and work search waivers.

AB1-SSA2,50,4 (a) Notwithstanding s. 108.04 (2) (b), (bb), or (bd) or 108.062 (10m), the department of workforce development may promulgate rules for additional waivers of the registration for work and work search requirements under s. 108.04 (2) (a) 2. and 3. for the period beginning on the effective date of this paragraph and ending on January 1, 2022. The department of workforce development may use the procedure under s. 227.24 to promulgate a rule under this paragraph. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide a finding of emergency for a rule promulgated under this paragraph. Notwithstanding s. 227.24 (1) (c) and (2), a rule promulgated under this paragraph remains in effect until January 1, 2022.

AB1-SSA2,50,10 (b) Notwithstanding s. 108.04 (2) (bm), a claimant may receive unemployment insurance benefits for any week in which the claimant failed to comply with the registration for work or work search requirements under s. 108.04 (2) (a) 2. or 3. or failed to provide verification to the department of workforce development that the claimant complied with those requirements if the department has waived those requirements under rules promulgated under par. (a ).

AB1-SSA2,9151 Section 9151. Nonstatutory provisions; Other.

AB1-SSA2,50,15 (1) Hazard pay and paid medical leave. Regardless of whether there is a declared state of emergency related to public health or whether the secretary of health services has issued an order, the requirements in ss. 16.34 (2) and 103.025 (3) apply until December 31, 2021.

AB1-SSA2,9201 Section 9201. Fiscal changes; Administration.

AB1-SSA2,50,22 (1) Rental assistance program. In the schedule under s. 20.005 (3) for the appropriation to the department of administration under s. 20.505 (7) (a), the dollar amount for fiscal year 2020-21 is increased by $25,000,000 to provide rental assistance to Wisconsin residents in the same manner as that used for the expenditure of federal rental assistance funds under the federal Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136.

AB1-SSA2,9206 Section 9206. Fiscal changes; Children and Families.

AB1-SSA2,51,3 (1) Child care financial assistance program. In the schedule under s. 20.005 (3) for the appropriation to the department of children and families under s. 20.437 (2) (bc), the dollar amount for fiscal year 2020-21 is increased by $25,000,000 to provide financial assistance to providers of child care services that have lost income as a result of the 2019 novel coronavirus.

AB1-SSA2,9219 Section 9219. Fiscal changes; Health Services.

AB1-SSA2,51,9 (1) Medicaid expansion. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (b), the dollar amount for fiscal year 2020-21 is decreased by $165,011,600 to decrease funding for the purposes for which the appropriation is made, due to the expansion of eligibility under the Medical Assistance program under s. 49.471 (4) (a) 4. and 8.

AB1-SSA2,9350 Section 9350. Initial applicability; Workforce Development.

AB1-SSA2,51,13 (1) Unemployment insurance; work-share plans. The treatment of s. 108.062 (20) (c) first applies to work-share plans approved under s. 108.062 (3) or (3m) on the effective date of this subsection.

AB1-SSA2,51,16 (2) Concurrent receipt of UI and SSDI benefits. The treatment of ss. 108.04 (2) (h) and (12) (f) first applies to determinations issued under s. 108.09 on the effective date of this subsection.

AB1-SSA2,9400 Section 9400. Effective dates. This act takes effect on the day after publication, except as follows:

AB1-SSA2,51,21 (1) Health Services; Elimination of demonstration project. The treatment of ss. 20.435 (4) (jw) and 49.45 (23) and (23b) (title), (b), (c), and (e) takes effect on the first day of the 7th month beginning after publication.