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AB1038-SSA1,68,7 5609.83 Coverage of drugs and devices. Limited service health
6organizations, preferred provider plans, and defined network plans are subject to ss.
7632.853 and 632.895 (16t) and (16v).
AB1038-SSA1,130 8Section 130. 609.846 of the statutes is created to read:
AB1038-SSA1,68,11 9609.846 Discrimination based on COVID-19 prohibited. Limited service
10health organizations, preferred provider plans, and defined network plans are
11subject to s. 632.729.
AB1038-SSA1,131 12Section 131. 609.885 of the statutes is created to read:
AB1038-SSA1,68,14 13609.885 Coverage of COVID-19. Defined network plans, preferred provider
14plans, and limited service health organizations are subject to s. 632.895 (14g).
AB1038-SSA1,132 15Section 132. 625.12 (2) of the statutes is amended to read:
AB1038-SSA1,68,2416 625.12 (2) Classification. Risks Except as provided in s. 632.729, risks may
17be classified in any reasonable way for the establishment of rates and minimum
18premiums, except that no classifications may be based on race, color, creed or
19national origin, and classifications in automobile insurance may not be based on
20physical condition or developmental disability as defined in s. 51.01 (5). Subject to
21s. ss. 632.365 and 632.729, rates thus produced may be modified for individual risks
22in accordance with rating plans or schedules that establish reasonable standards for
23measuring probable variations in hazards, expenses, or both. Rates may also be
24modified for individual risks under s. 625.13 (2).
AB1038-SSA1,133 25Section 133 . 626.12 (4) of the statutes is created to read:
AB1038-SSA1,69,2
1626.12 (4) Claims for certain injuries based on presumption. Rates or rating
2plans may not take into account any injury found under s. 102.03 (1) (h) 2.
AB1038-SSA1,134 3Section 134. 628.34 (3) (a) of the statutes is amended to read:
AB1038-SSA1,69,104 628.34 (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-SSA1,135 11Section 135. 631.18 of the statutes is created to read:
AB1038-SSA1,69,16 12631.18 Cancellation during public health emergency. During a state of
13emergency related to public health declared by the governor under s. 323.10,
14notwithstanding any contrary provision of chs. 600 to 655, no insurer may cancel any
15policy of insurance for nonpayment of premiums until at least 90 days after the
16unpaid premium was due.
AB1038-SSA1,136 17Section 136. 632.729 of the statutes is created to read:
AB1038-SSA1,69,19 18632.729 Prohibiting discrimination based on COVID-19. (1)
19Definitions. In this section:
AB1038-SSA1,69,2020 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038-SSA1,69,2121 (b) “Health benefit plan” has the meaning given in s. 632.745 (11).
AB1038-SSA1,69,2222 (c) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).
AB1038-SSA1,69,2323 (d) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
AB1038-SSA1,70,3 24(2) Issuance or renewal. (a) An insurer that offers an individual or group
25health benefit plan, a pharmacy benefit manager, or a self-insured health plan may

1not establish rules for the eligibility of any individual to enroll, for the continued
2eligibility of any individual to remain enrolled, or for the renewal of coverage under
3the plan based on a current or past diagnosis or suspected diagnosis of COVID-19.
AB1038-SSA1,70,94 (b) An insurer that offers a group health benefit plan, a pharmacy benefit
5manager, or a self-insured health plan may not establish rules for the eligibility of
6any employer or other group to enroll, for the continued eligibility of any employer
7or group to remain enrolled, or for the renewal of an employer's or group's coverage
8under the plan based on a current or past diagnosis or suspected diagnosis of
9COVID-19 of any employee or other member of the group.
AB1038-SSA1,70,13 10(3) Cancellation. An insurer that offers an individual or group health benefit
11plan, a pharmacy benefit manager, or a self-insured health plan may not use as a
12basis for cancellation of coverage during a contract term a current or past diagnosis
13of COVID-19 or suspected diagnosis of COVID-19.
AB1038-SSA1,70,17 14(4) Rates. An insurer that offers an individual or group health benefit plan,
15a pharmacy benefit manager, or a self-insured health plan may not use as a basis
16for setting rates for coverage a current or past diagnosis of COVID-19 or suspected
17diagnosis of COVID-19.
AB1038-SSA1,70,23 18(5) Premium grace period. An insurer that offers an individual or group health
19benefit plan, a pharmacy benefit manager, or a self-insured health plan may not
20refuse to grant to an individual, employer, or other group a grace period for the
21payment of a premium based on an individual's, employee's, or group member's
22current or past diagnosis of COVID-19 or suspected diagnosis of COVID-19 if a
23grace period for payment of premium would generally be granted under the plan.
AB1038-SSA1,137 24Section 137. 632.871 of the statutes is created to read:
AB1038-SSA1,70,25 25632.871 Telehealth services. (1) Definitions. In this section:
AB1038-SSA1,71,1
1(a) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a).
AB1038-SSA1,71,22 (b) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
AB1038-SSA1,71,63 (c) “Telehealth” means a practice of health care delivery, diagnosis,
4consultation, treatment, or transfer of medically relevant data by means of audio,
5video, or data communications that are used either during a patient visit or
6consultation or are used to transfer medically relevant data about a patient.
AB1038-SSA1,71,10 7(2) Coverage denial prohibited. No disability insurance policy or self-insured
8health plan may deny coverage for a treatment or service provided through
9telehealth if that treatment or service is covered by the policy or plan when provided
10in person by a health care provider.
AB1038-SSA1,71,12 11(3) Rule making. The commissioner may promulgate any rules necessary to
12implement this section.
AB1038-SSA1,138 13Section 138. 632.895 (14g) of the statutes is created to read:
AB1038-SSA1,71,1514 632.895 (14g) Coverage of COVID-19 . (a) In this subsection, “COVID-19”
15means an infection caused by the SARS-CoV-2 coronavirus.
AB1038-SSA1,71,2116 (b) Every disability insurance policy, and every self-insured health plan of the
17state or of a county, city, town, village, or school district, that generally covers testing
18and treatment for infectious diseases shall provide coverage of testing and treatment
19for COVID-19, including any prescription drugs, and administration of any
20vaccination developed to prevent COVID-19 without imposing any copayment or
21coinsurance on the individual covered under the policy or plan.
AB1038-SSA1,139 22Section 139. 632.895 (16v) of the statutes is created to read:
AB1038-SSA1,72,423 632.895 (16v) Prohibiting coverage limitations on prescription drugs. (a)
24During a state of emergency related to public health declared by the governor under
25s. 323.10, an insurer offering a disability insurance policy that covers prescription

1drugs, a self-insured health plan of the state or of a county, city, town, village, or
2school district that covers prescription drugs, or a pharmacy benefit manager acting
3on behalf of a policy or plan may not do any of the following in order to maintain
4coverage of a prescription drug:
AB1038-SSA1,72,65 1. Require prior authorization for early refills of a prescription drug or
6otherwise restrict the period of time in which a prescription drug may be refilled.
AB1038-SSA1,72,87 2. Impose a limit on the quantity of prescription drugs that may be obtained
8if the quantity is no more than a 90-day supply.
AB1038-SSA1,72,109 (b) This subsection does not apply to a prescription drug that is a controlled
10substance, as defined in s. 961.01 (4).
AB1038-SSA1,140 11Section 140. 655.0025 of the statutes is created to read:
AB1038-SSA1,72,15 12655.0025 Participation during public health emergency. During a state
13of emergency declared under s. 323.10 related to public health all of the following
14apply to a physician or nurse anesthetist for whom this state is not a principal place
15of practice but who is authorized to practice in this state on a temporary basis:
AB1038-SSA1,72,19 16(1) The physician or nurse anesthetist may fulfill the requirements of s. 655.23
17(3) (a) by filing with the commissioner a certificate of insurance for a policy of health
18care liability insurance issued by an insurer that is authorized in a jurisdiction
19accredited by the National Association of Insurance Commissioners.
AB1038-SSA1,72,21 20(2) The physician or nurse anesthetist may elect, in the manner designated by
21the commissioner by rule under s. 655.004, to be subject to this chapter.
AB1038-SSA1,141 22Section 141. 704.17 (6) of the statutes is created to read:
AB1038-SSA1,73,423 704.17 (6) Public health emergency. (a) Notwithstanding subs. (1p) (a) and
24(2) (a), during any period covered by a public health emergency declared by the
25governor, including any extension under s. 323.10, and during the 45 days following

1that period, a landlord may not give a tenant who is in default of a rent payment a
2notice to pay rent or vacate within at least 5 days or a notice to vacate within at least
314 days that is based on a failure to pay rent and may not charge a late fee for a late
4payment of rent.
AB1038-SSA1,73,105 (b) If a landlord gave a tenant who is in default of a rent payment a notice to
6pay rent or vacate under sub. (1p) (a) or (2) (a) or a notice to vacate under sub. (1p)
7(a) before a period covered by a public health emergency declared by the governor,
8including any extension under s. 323.10, the days during that period and the 45 days
9following that period may not be counted in the 5 days to pay rent or 14 days to vacate
10under the notice.
AB1038-SSA1,142 11Section 142. 704.23 of the statutes is amended to read:
AB1038-SSA1,73,19 12704.23 Removal of tenant on termination of tenancy. If a tenant remains
13in possession without consent of the tenant's landlord after termination of the
14tenant's tenancy, the landlord may in every case proceed in any manner permitted
15by law to remove the tenant and recover damages for such holding over. This section
16does not apply if a tenant's tenancy has terminated because of a failure to pay rent
17prior to a period covered by a public health emergency declared by the governor, but
18the tenant has not yet been removed from the premises and a civil action of eviction
19has not yet been commenced.
AB1038-SSA1,143 20Section 143. 704.25 (1) of the statutes is amended to read:
AB1038-SSA1,74,321 704.25 (1) Removal and recovery of damages. If a tenant holds over after
22expiration of a lease, the landlord may in every case proceed in any manner
23permitted by law to remove the tenant and recover damages for such holding over.
24This subsection does not apply if a tenant's tenancy has terminated, but would not
25otherwise have expired, because of a failure to pay rent prior to a period covered by

1a public health emergency declared by the governor, the tenant has not yet been
2removed from the premises, and a civil action of eviction has not yet been
3commenced.
AB1038-SSA1,144 4Section 144. 799.24 (1m) of the statutes is created to read:
AB1038-SSA1,74,85 799.24 (1m) Public health emergency. Notwithstanding the provisions of sub.
6(1), during a period covered by a public health emergency declared by the governor,
7including any extension under s. 323.10, and during the 45 days following that
8period, no court may enter a judgment or order of eviction under sub. (1).
AB1038-SSA1,145 9Section 145. 799.40 (1c) of the statutes is created to read:
AB1038-SSA1,74,1710 799.40 (1c) Public health emergency. Notwithstanding sub. (1) or any other
11provision of this chapter, if a tenant's tenancy has terminated because of a failure to
12pay rent prior to a period covered by a public health emergency declared by the
13governor, but the tenant has not yet been removed from the premises and a civil
14action of eviction has not yet been commenced, the landlord may not commence a civil
15action of eviction based on the tenant's failure to pay rent during the period covered
16by the public health emergency, including any extension under s. 323.10, or during
17the 45 days following that period.
AB1038-SSA1,146 18Section 146. 799.44 (2m) of the statutes is created to read:
AB1038-SSA1,74,2319 799.44 (2m) Public health emergency. Notwithstanding the provisions of
20subs. (1) and (2), during a period covered by a public health emergency declared by
21the governor, including any extension under s. 323.10, and during the 45 days
22following that period, no court may enter an order for judgment under sub. (1) or
23order that a writ of restitution be issued under sub. (2).
AB1038-SSA1,147 24Section 147. 799.45 (1m) of the statutes is created to read:
AB1038-SSA1,75,4
1799.45 (1m) Public health emergency. Notwithstanding the provisions of this
2section, no sheriff may execute a writ of restitution during a period covered by a
3public health emergency declared by the governor, including any extension under s.
4323.10, or during the 45 days following that period.
AB1038-SSA1,148 5Section 148 . 938.026 of the statutes is created to read:
AB1038-SSA1,75,10 6938.026 Public health emergency. During a public health emergency
7declared by the governor under s. 323.10, including any extension, notwithstanding
8ss. 938.217 (2) and 938.357 (2) (c), in emergency situations, a child may be placed in
9a licensed public or private shelter care facility as a transitional placement for not
10more than 40 days.
AB1038-SSA1,149 11Section 149 . Nonstatutory provisions.
AB1038-SSA1,75,1312 (1) Applications for heating assistance. Households may apply for heating
13assistance under s. 16.27 (4) (a) at any time during calendar year 2020.
AB1038-SSA1,75,1414 (2) Professional licensing; emergency project positions.
AB1038-SSA1,76,215 (a) The authorized FTE positions for the department of safety and professional
16services are increased by 8.4 project positions, for a period ending on June 30, 2021,
17to be funded from the appropriation under s. 20.165 (1) (g) for the purposes of
18investigating complaints against a credential holder received by the department of
19safety and professional services or any examining board, affiliated credentialing
20board, or board in the department; investigating whether a person has practiced
21without a credential required under chs. 440 to 480; and investigating the criminal
22records and records of professional discipline of applicants for a credential. Two
23incumbent employees holding an LTE consumer protection investigator position; 1.9
24incumbent employees holding an LTE legal associate position; one incumbent
25employee holding an LTE office associate position; and 3.5 employees holding an LTE

1office operations associate position shall be transferred to the FTE project positions
2being created in this paragraph.
AB1038-SSA1,76,123 (b) The authorized FTE positions for the department of safety and professional
4services are increased by 10.5 project positions, for a period ending on June 30, 2021,
5to be funded from the appropriation under s. 20.165 (1) (hg) for the purposes of
6reviewing applications for credentials received by the department of safety and
7professional services and credentialing boards and for assisting applicants for
8credentials. One incumbent employee holding an LTE attorney position; 2
9incumbent employees holding an LTE legal associate position; 4 incumbent
10employees holding an LTE license and permit program associate position; and 3.5
11incumbent employees holding an LTE office operations associate position shall be
12transferred to the FTE project positions being created in this paragraph.
AB1038-SSA1,76,2013 (c) The authorized FTE positions for the department of safety and professional
14services are increased by 2.1 project positions, for a period ending on June 30, 2021,
15to be funded from the appropriation under s. 20.165 (2) (j) for the purpose of
16reviewing applications for credentials received by the department of safety and
17professional services and for assisting applicants for credentials. Two incumbent
18employees holding an LTE license and permit program associate position and 0.1
19incumbent employees holding an LTE legal associate position shall be transferred
20to the FTE project positions being created in this paragraph.
AB1038-SSA1,76,2321 (3) Medical Assistance program funding. The department of health services
22shall allocate in the following manner the moneys under Section 150 (8) for
23reimbursement increases due to the COVID-19 pandemic:
AB1038-SSA1,76,2424 (a) $9,863,400 for fee-for-service institutional long-term care.
AB1038-SSA1,76,2525 (b) $3,944,000 for fee-for-service personal care.
AB1038-SSA1,77,1
1(c) $39,933,200 for managed long-term care.
AB1038-SSA1,77,22 (d) $14,861,900 for home and community-based waiver services.
AB1038-SSA1,77,33 (e) $25,822,500 as supplemental payments to hospitals.
AB1038-SSA1,77,84 (4) Local food bank grants. The department of health services may award
5grants to local food banks and may establish eligibility criteria and guidelines for
6those grants that, notwithstanding ss. 227.01 (3m) and (13), 227.10, and 227.112,
7need not be promulgated as rules under ch. 227, are not guidance documents, and
8are not subject to the requirements of s. 227.112.
AB1038-SSA1,77,149 (5) Priority of use of federal funds. To the greatest extent possible, the
10secretary of administration shall ensure that funds made available by the United
11States government and accepted by the governor under s. 16.54 for the purpose of
12addressing the COVID-19 public health emergency in this state are used for the
13purposes of this act prior to the use of general purpose revenue appropriated for those
14purposes under this act.
AB1038-SSA1,77,1915 (6) Community action agencies. Notwithstanding s. 49.265 (1) (b), during the
16period covered by the public health emergency declared on March 12, 2020, by
17executive order 72, including any extension under s. 323.10, for the purposes of s.
1849.265, “poor person” means a resident of a community served by a community action
19agency whose income is at or below 200 percent of the poverty line.
AB1038-SSA1,77,2020 (7) Certain approvals of the joint committee on finance.
AB1038-SSA1,77,2321 (a) Definition. In this subsection, “emergency period” means the period covered
22by the public health emergency declared on March 12, 2020, by executive order 72,
23including any extension under s. 323.10.
AB1038-SSA1,78,324 (b) Suspension of JCF approval requirements. Notwithstanding ss. 16.54 (2)
25(a) 2., 84.03 (2), 115.295, 165.02, and any other law to the contrary, no approval of the

1joint committee on finance is required for the expenditure of funds made available
2during the emergency period by the United States government for the purpose of
3addressing the COVID-19 public health emergency in this state.
AB1038-SSA1,78,44 (8) Building program interruptions.
AB1038-SSA1,78,75 (a) In this subsection, “public health emergency” means the public health
6emergency declared on March 12, 2020, by executive order 72, including any
7extension under s. 323.10.
AB1038-SSA1,78,138 (b) The building commission may authorize up to $100,000,000 in general fund
9supported borrowing in fiscal year 2019-20 for expenditures to cover increased
10capital costs, as determined by the building commission, incurred due to
11interruptions of work under the authorized state building program as a result of the
12public health emergency. This paragraph constitutes enumeration in the authorized
13state building program for all purposes.
AB1038-SSA1,78,1614 (9) Effective date of 2019 Wisconsin Act 125. The Legislative Reference Bureau
15shall, in enrolling, amend 2019 Wisconsin Act 125, section 82, so that 2019 Wisconsin
16Act 125
takes effect on the effective date of this subsection.
AB1038-SSA1,78,1717 (10) Emergency assistance to small businesses.
AB1038-SSA1,78,1818 (a) Definitions. In this subsection:
AB1038-SSA1,78,19 191. “Corporation” means the Wisconsin Economic Development Corporation.
AB1038-SSA1,78,23 202. “Public health emergency” means any public health emergency declared
21under s. 323.10, including any extension, during the period beginning on March 12,
222020, and ending on July 1, 2021, or on the day after publication of the 2021-23
23biennial budget act, whichever is later.
AB1038-SSA1,78,2424 (b) Grants and loans to small businesses.
AB1038-SSA1,79,5
11. From the appropriation under s. 20.192 (1) (c), the corporation shall award
2grants and loans to small businesses in this state adversely economically affected by
3a public health emergency. A small business shall use the grant or loan to support
4the business's payroll, cash flow, inventory, rent, and other business expenses in
5connection with the business's recovery from a public health emergency.
AB1038-SSA1,79,8 62. The corporation may expend moneys from the appropriation under s. 20.192
7(1) (c) for administrative costs and technical assistance associated with awarding
8grants and loans under subd. 1., including any necessary staffing increase.
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