This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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 1Section 1 . 13.101 (4d) of the statutes is amended to read:
AB1-SSA1,12,82 13.101 (4d) During the public health emergency declared on March 12, 2020,
3by executive order 72, and for a period of 90 days after termination of the emergency

4Until the conclusion of a national emergency declared by the U.S. president under
550 USC 1621 in response to the 2019 novel coronavirus or June 30, 2021, whichever
6is earlier
, the committee may transfer under sub. (4) an amount not to exceed
7$75,000,000 $100,000,000 from sum sufficient appropriations, as defined under s.
820.001 (3) (d), to be used for expenditures related to the emergency.
AB1-SSA1,2 9Section 2 . 36.11 (44) of the statutes is created to read:
AB1-SSA1,12,1310 36.11 (44) Satisfaction of course requirements through certain activities.
11 (a) In this subsection, “eligible activity” of a student means volunteering or working,
12for at least one semester, to assist Wisconsin in responding to the COVID-19
13pandemic.
AB1-SSA1,12,1614 (b) The board shall ensure that each institution offers students an opportunity
15to use hours engaged in an eligible activity to satisfy related course requirements to
16the extent appropriate, as determined by the institution.
AB1-SSA1,3
1Section 3. 38.04 (33) of the statutes is created to read:
AB1-SSA1,13,52 38.04 (33) Satisfaction of course requirements through certain activities.
3 (a) In this subsection, “eligible activity” of a student means volunteering or working,
4for at least one semester, to assist Wisconsin in responding to the COVID-19
5pandemic.
AB1-SSA1,13,86 (b) The board shall ensure that each district board offers students an
7opportunity to use hours engaged in an eligible activity to satisfy related course
8requirements to the extent appropriate, as determined by the district board.
AB1-SSA1,4 9Section 4 . 40.26 (5m) of the statutes is amended to read:
AB1-SSA1,13,1610 40.26 (5m) During the public health Until the conclusion of a national
11emergency declared on March 12, 2020, by executive order 72 the U.S. president
12under 50 USC 1621 in response to the 2019 novel coronavirus or June 30, 2021,
13whichever is earlier
, sub. (5) does not apply if at least 15 days have elapsed between
14the termination of employment with a participating employer and becoming a
15participating employee if the position for which the participant is hired is a critical
16position, as determined by the secretary of health services under s. 323.19 (3).
AB1-SSA1,5 17Section 5 . 40.26 (6) (intro.) of the statutes is amended to read:
AB1-SSA1,13,2318 40.26 (6) (intro.) A Until the conclusion of a national emergency declared by
19the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or
20June 30, 2021, whichever is earlier, a
participant who is hired during the public
21health emergency declared on March 12, 2020, by executive order 72,
may elect to
22not suspend his or her retirement annuity or disability annuity under sub. (1m) for
23the duration of the state of emergency if all of the following conditions are met:
AB1-SSA1,6 24Section 6 . 49.45 (39n) of the statutes is created to read:
AB1-SSA1,14,9
149.45 (39n) Pharmacy reimbursement for vaccines and COVID-19 tests. The
2department shall ensure that any vaccine against SARS-CoV-2 coronavirus and
3any test for COVID-19, which is the infection caused by the SARS-CoV-2
4coronavirus, that are covered under this subchapter and for which reimbursement
5for administration is made to any provider, are covered and reimbursed when the
6vaccine or test is administered by a pharmacy. As necessary to comply with this
7subsection, the department shall certify pharmacies as providers of Medical
8Assistance services for the purposes of covering and reimbursing pharmacies for
9administering vaccines and tests described in this subsection.
AB1-SSA1,7 10Section 7 . 50.083 of the statutes is created to read:
AB1-SSA1,14,12 1150.083 Visitation by essential visitor. (1) In this section, “essential visitor”
12means any of the following:
AB1-SSA1,14,1613 (a) An individual to visit and provide support to a resident in a nursing home
14or assisted living facility who is designated by the nursing home resident or assisted
15living facility resident or by the resident's guardian or health care agent under a
16power of attorney.
AB1-SSA1,14,1917 (b) The guardian of a nursing home or assisted living facility resident or the
18health care agent under a power of attorney for health care for a nursing home or
19assisted living facility resident.
AB1-SSA1,14,24 20(2) Subject to sub. (2m), each nursing home and assisted living facility shall
21allow at least one essential visitor, who agrees to comply with any public health
22policies of the nursing home or assisted living facility, to enter the nursing home or
23assisted living facility to visit the resident in compassionate care situations,
24including any of the following:
AB1-SSA1,15,3
1(a) The resident has recently been admitted to the nursing home or assisted
2living facility and is experiencing difficulty in adjusting to the change in
3environment and lack of family presence.
AB1-SSA1,15,44 (b) The resident is grieving the recent death of a friend or family member.
AB1-SSA1,15,65 (c) The resident is experiencing weight loss or dehydration due to lack of
6support from family or caregivers when eating or drinking.
AB1-SSA1,15,87 (d) The resident is experiencing emotional distress or a decline in ability or
8willingness to communicate.
AB1-SSA1,15,11 9(2m) A nursing home or assisted living facility may refuse to allow access for
10visitation to any essential visitor who refuses to comply with public health policies
11of the nursing home or assisted living facility.
AB1-SSA1,15,15 12(3) If the federal centers for medicare and medicaid services issues guidance
13that is more restrictive in allowing visitation than sub. (2), a nursing home or
14assisted living facility may comply with that guidance instead of complying with sub.
15(2).
AB1-SSA1,15,19 16(4) This section applies at any time a nursing home or assisted living facility
17limits visitors to the nursing home or assisted living facility due to an outbreak or
18epidemic of communicable disease in the community in which the nursing home or
19assisted living facility is located.
AB1-SSA1,8 20Section 8 . 108.04 (3) (b) of the statutes is amended to read:
AB1-SSA1,15,2521 108.04 (3) (b) Paragraph (a) does not apply with respect to benefit years that
22begin after March 12, 2020, and before February 7 March 14, 2021. The department
23shall seek the maximum amount of federal reimbursement for benefits that are,
24during the time period specified in this paragraph, payable for the first week of a
25claimant's benefit year as a result of the application of this paragraph.
AB1-SSA1,9
1Section 9. 108.062 (20) (intro.) of the statutes is amended to read:
AB1-SSA1,16,102 108.062 (20) Suspensions of certain provisions. (intro.) Notwithstanding sub.
3(2), this subsection, and not sub. (2), applies to work-share plans submitted on or
4after April 17, 2020, and before December 31, 2020 the conclusion of a national
5emergency declared by the U.S. president under 50 USC 1621 in response to the 2019
6novel coronavirus or July 4, 2021, whichever is earlier
, subject to sub. (19). During
7that period, prior to implementing a work-share program, an employer shall submit
8a work-share plan for the approval of the department. In its submittal, the employer
9shall certify that its plan is in compliance with all requirements under this section.
10Each plan shall:
AB1-SSA1,10 11Section 10 . 108.07 (5) (bm) 1. of the statutes is amended to read:
AB1-SSA1,16,1612 108.07 (5) (bm) 1. The Subject to subd. 1m., the department shall, when
13processing initial claims for regular benefits, determine whether a claim or plan is
14related to the public health emergency declared on March 12, 2020, by executive
15order 72. If a claim is so related, the regular benefits for that claim shall, except as
16provided in subd. 2., be paid as provided in subd. 3.
AB1-SSA1,11 17Section 11 . 108.07 (5) (bm) 1m. of the statutes is created to read:
AB1-SSA1,16,2518 108.07 (5) (bm) 1m. For purposes of this paragraph, the department shall
19presume that an initial claim for benefit years beginning on or after March 15, 2020,
20through March 13, 2021, relates to the public health emergency declared on March
2112, 2020, by Executive Order 72 unless the claimant's most recent separation from
22employment is due to a labor dispute, voluntary termination of work, discharge for
23misconduct, or discharge for substantial fault. An employer is not required to submit
24a request for charging relief under this paragraph for initial claims described in this
25subdivision.
AB1-SSA1,12
1Section 12. 108.07 (5) (bm) 2. a. of the statutes is amended to read:
AB1-SSA1,17,42 108.07 (5) (bm) 2. a. Subdivision 1. applies only with respect to benefits payable
3for weeks beginning after March 12, 2020, and beginning before December 31, 2020
4March 14, 2021.
AB1-SSA1,13 5Section 13 . 118.38 (4) (a) (intro.) of the statutes is amended to read:
AB1-SSA1,17,86 118.38 (4) (a) (intro.) Beginning on the first day of the public health emergency
7declared on March 12, 2020, by executive order 72, and ending on October 31, 2020
82021, the department may do all of the following:
AB1-SSA1,14 9Section 14 . 118.38 (4) (a) 2. a. of the statutes is amended to read:
AB1-SSA1,17,1210 118.38 (4) (a) 2. a. A deadline that occurs during the period beginning on the
11first day of the public health emergency declared on March 12, 2020, by executive
12order 72, and ending on October 31, 2020 2021.
AB1-SSA1,15 13Section 15 . 118.38 (4) (a) 2. b. of the statutes is amended to read:
AB1-SSA1,17,1614 118.38 (4) (a) 2. b. A deadline for a requirement that affects a date during the
15period beginning on the first day of the public health emergency declared on March
1612, 2020, by executive order 72, and ending on October 31, 2020 2021.
AB1-SSA1,16 17Section 16 . 118.38 (4) (am) of the statutes is created to read:
AB1-SSA1,17,1918 118.38 (4) (am) Notwithstanding par. (a) 1., the department may not waive any
19of the following under this subsection:
AB1-SSA1,17,2020 1. The pupil assessment program under s. 118.30.
AB1-SSA1,17,2321 2. A requirement to administer the standardized reading test required under
22s. 121.02 (1) (r) or to administer a standardized reading test developed by the
23department to 3rd grade pupils.
AB1-SSA1,17 24Section 17 . 118.38 (4) (c) of the statutes is amended to read:
AB1-SSA1,18,4
1118.38 (4) (c) A waiver under par. (a) 1. applies may apply only to the 2019-20
2school year, the 2020-21 school year, or both the 2019-20 and 2020-21 school years.
3In each waiver under par. (a) 1., the department shall specify the school year or school
4years to which the waiver applies.
AB1-SSA1,18 5Section 18 . 323.19 (3) of the statutes is amended to read:
AB1-SSA1,18,126 323.19 (3) Based Until the conclusion of a national emergency declared by the
7U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or June
830, 2021, whichever is earlier, based
on guidance provided by the secretary of health
9services, the head of each state agency and each local health department shall
10determine which public employee positions within the respective state agency or
11local government are critical during the public health emergency declared on March
1212, 2020, by executive order 72,
for the purposes of s. 40.26 (5m) and (6) (b).
AB1-SSA1,19 13Section 19 . 323.2912 of the statutes is amended to read:
AB1-SSA1,18,19 14323.2912 Suspension of limited term appointment hours.
15Notwithstanding s. 230.26 (1), the director of the bureau of merit recruitment and
16selection in the division of personnel management in the department of
17administration may increase or suspend the number of hours for a limited term
18appointment for the duration of the public health emergency declared period
19beginning
on March 12, 2020, by executive order 72 and ending on June 30, 2021.
AB1-SSA1,20 20Section 20 . 440.08 (2) (a) 69g. of the statutes is created to read:
AB1-SSA1,18,2221 440.08 (2) (a) 69g. Third-party logistics provider: July 1 of each
22even-numbered year.
AB1-SSA1,21 23Section 21 . 440.094 of the statutes is created to read:
AB1-SSA1,18,25 24440.094 Practice by health care providers from other states. (1)
25Definitions. In this section:
AB1-SSA1,19,1
1(a) “Credential” means a license, permit, certificate, or registration.
AB1-SSA1,19,42 (b) “Health care employer” means a system, care clinic, care provider,
3long-term care facility, or any entity whose employed, contracted, or affiliated staff
4provide health care service to individuals in this state.
AB1-SSA1,19,85 (c) “Health care provider” means an individual who holds a valid, unexpired
6credential granted by another state or territory that authorizes or qualifies the
7individual to perform acts that are substantially the same as the acts that any of the
8following are licensed or certified to perform:
AB1-SSA1,19,109 1. A registered nurse, licensed practical nurse, or nurse midwife licensed under
10ch. 441, or advanced practice nurse prescriber certified under ch. 441.
AB1-SSA1,19,1111 2. A chiropractor licensed under ch. 446.
AB1-SSA1,19,1212 3. A dentist licensed under ch. 447.
AB1-SSA1,19,1413 4. A physician, physician assistant, perfusionist, or respiratory care
14practitioner licensed or certified under subch. II of ch. 448.
AB1-SSA1,19,1615 5. A physical therapist or physical therapist assistant licensed under subch. III
16of ch. 448 or who holds a compact privilege under subch. IX of ch. 448.
AB1-SSA1,19,1717 6. A podiatrist licensed under subch. IV of ch. 448.
AB1-SSA1,19,1818 7. A dietitian certified under subch. V of ch. 448.
AB1-SSA1,19,1919 8. An athletic trainer licensed under subch. VI of ch. 448.
AB1-SSA1,19,2120 9. An occupational therapist or occupational therapy assistant licensed under
21subch. VII of ch. 448.
AB1-SSA1,19,2222 10. An optometrist licensed under ch. 449.
AB1-SSA1,19,2323 11. A pharmacist licensed under ch. 450.
AB1-SSA1,19,2424 12. An acupuncturist certified under ch. 451.
AB1-SSA1,19,2525 13. A psychologist licensed under ch. 455.
AB1-SSA1,20,3
114. A social worker, marriage and family therapist, or professional counselor
2certified or licensed under ch. 457 or a clinical substance abuse counselor certified
3under s. 440.88.
AB1-SSA1,20,54 15. A speech-language pathologist or audiologist licensed under subch. II of ch.
5459.
AB1-SSA1,20,66 16. A massage therapist or bodywork therapist licensed under ch. 460.
AB1-SSA1,20,14 7(2) Practice by health care providers from other states. (a)
8Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2),
9448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2),
10449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1),
11459.24 (1), and 460.02, a health care provider may provide services within the scope
12of the credential that the health care provider holds and the department shall grant
13the health care provider a temporary credential to practice under this section if all
14of the following apply:
AB1-SSA1,20,1815 1. The health care provider applies to the department for a temporary
16credential under this section within 30 days of beginning to provide health care
17services for a health care employer. The health care provider shall include in the
18application an attestation of all of the following:
AB1-SSA1,20,2019 a. The date on which the health care provider first provided health care services
20in this state under this section.
AB1-SSA1,20,2221 b. That the health care provider holds a valid, unexpired, credential granted
22in another state.
AB1-SSA1,20,2523 c. The health care provider is not currently under investigation and no
24restrictions or limitations are currently placed on the health care provider's
25credential by the credentialing state or any other jurisdiction.
AB1-SSA1,21,6
1d. The health care provider has applied for a permanent credential granted by
2the department or an examining board, as applicable, under chs. 440 to 480. This
3subd. 1. d. does not apply to a health care provider who provides health care services
4only during the period covered by a national emergency declared by the U.S.
5president under 50 USC 1621 in response to the 2019 novel coronavirus or during
6the 30 days immediately after the national emergency ends.
AB1-SSA1,21,117 2. If the health care provider provides services other than services provided
8through telehealth as described in sub. (3), the health care employer of the health
9care provider attests all of the following to the department within 10 days of the date
10on which the health care provider begins providing health care services in this state
11under this section:
AB1-SSA1,21,1312 a. The health care employer has confirmed that the health care provider holds
13a valid, unexpired credential granted by another state.
AB1-SSA1,21,1714 b. To the best of the health care employer's knowledge and with a reasonable
15degree of certainty, the health care provider is not currently under investigation and
16no restrictions or limitations are currently placed on the health care provider's
17credential by the credentialing state or any other jurisdiction.
AB1-SSA1,21,2218 (b) A health care provider who practices within the scope of a temporary
19credential granted under this section has all rights and is subject to all
20responsibilities, malpractice insurance requirements, limitations on scope of
21practice, and other provisions that apply under chs. 440 to 480 to the practice of the
22health care provider.
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