AB1038: Bill Text

AB1038,98 Section 98 . 895.4801 of the statutes is created to read:

AB1038,59,17 895.4801 Immunity for health care providers during COVID-19 emergency. (1) Definitions. In this section:

AB1038,59,20 (a) “Health care professional” means an individual licensed, registered, or certified by the medical examining board under subch. II of ch. 448 or the board of nursing under ch. 441.

AB1038,59,22 (b) “Health care provider” has the meaning given in s. 146.38 (1) (b) and includes an adult family home, as defined in s. 50.01 (1).

AB1038,60,3 (2) Immunity. Subject to sub. (3), any health care professional, health care provider, or employee, agent, or contractor of a health care professional or health care provider is immune from civil liability for the death of or injury to any individual or any damages caused by actions or omissions taken in providing services to address or in response to a 2019 novel coronavirus outbreak under circumstances that satisfy all of the following:

AB1038,60,8 (a) The action or omission is committed while the professional, provider, employee, agent, or contractor is providing services during the state of emergency declared under s. 323.10 on March 12, 2020, by executive order 72, relating to the 2019 novel coronavirus pandemic and for the 60 days following the date that the state of emergency terminates.

AB1038,60,11 (b) The actions or omissions occur during the person's good faith response to the emergency described under par. (a) or are substantially consistent with any of the following:

AB1038,60,14 1. Any direction, guidance, recommendation, or other statement made by a federal, state, or local official to address or in response to the emergency or disaster declared as described under par. (a).

AB1038,60,17 2. Any guidance published by the department of health services, the federal department of health and human services, or any divisions or agencies of the federal department of health and human services relied upon in good faith.

AB1038,60,19 (c) The actions or omissions do not involve reckless or wanton conduct or intentional misconduct.

AB1038,60,21 (3) Applicability. This section does not apply if s. 257.03, 257.04, 323.41, or 323.44 applies.

AB1038,99 Section 99 . 895.51 (title) of the statutes is amended to read:

AB1038,60,24 895.51 (title) Civil liability exemption: food or emergency household products; emergency medical supplies; donation, sale, or distribution.

AB1038,100 Section 100 . 895.51 (1) (bd) of the statutes is created to read:

AB1038,61,2 895.51 (1) (bd) “Cost of production” means the cost of inputs, wages, operating the manufacturing facility, and transporting the product.

AB1038,101 Section 101 . 895.51 (1) (bg) of the statutes is created to read:

AB1038,61,9 895.51 (1) (bg) “Emergency medical supplies" means any medical equipment or supplies necessary to limit the spread of, or provide treatment for, a disease associated with the public health emergency related to the 2019 novel coronavirus pandemic, including life support devices, personal protective equipment, cleaning supplies, and any other items determined to be necessary by the secretary of health services.

AB1038,102 Section 102 . 895.51 (1) (dp) of the statutes is created to read:

AB1038,61,16 895.51 (1) (dp) “Public health emergency related to the 2019 novel coronavirus pandemic” means the period covered by the public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services on January 31, 2020, in response to the 2019 novel coronavirus or the national emergency declared by the U.S. president under 50 USC 1621 on March 13, 2020, in response to the 2019 novel coronavirus.

AB1038,103 Section 103 . 895.51 (2r) of the statutes is created to read:

AB1038,61,24 895.51 (2r) Any person engaged in the manufacturing, distribution, or sale of emergency medical supplies, who donates or sells, at a price not to exceed the cost of production, emergency medical supplies to a charitable organization or governmental unit to respond to the public health emergency related to the 2019 novel coronavirus pandemic is immune from civil liability for the death of or injury to an individual caused by the emergency medical supplies donated or sold by the person.

AB1038,104 Section 104 . 895.51 (3r) of the statutes is created to read:

AB1038,62,4 895.51 (3r) Any charitable organization that distributes free of charge emergency medical supplies received under sub. (2r) is immune from civil liability for the death of or injury to an individual caused by the emergency medical supplies distributed by the charitable organization.

AB1038,105 Section 105 . Nonstatutory provisions.

AB1038,62,11 (1) Enhanced federal medical assistance percentage. If the federal government provides an enhanced federal medical assistance percentage during an emergency period declared in response to the novel coronavirus pandemic, the department of health services may do any of the following during the period to which the enhanced federal medical assistance percentage applies in order to satisfy criteria to qualify for the enhanced federal medical assistance percentage:

AB1038,62,13 (a) Suspend the requirement to comply with the premium requirements under s. 49.45 (23b) (b) 2. and (c).

AB1038,62,15 (b) Suspend the requirement to comply with the health risk assessment requirement under s. 49.45 (23b) (b) 3.

AB1038,62,21 (c) Delay implementation of the community engagement requirement under s. 49.45 (23b) (b) 1. until the date that is 30 days after either the day the federal government has approved the community engagement implementation plan or the last day of the calendar quarter in which the last day of the emergency period under 42 USC 1320b-5 (g) (1) that is declared due to the novel coronavirus pandemic occurs, whichever is later.

AB1038,62,25 (d) Notwithstanding any requirement under subch. IV of ch. 49 to disenroll an individual to the contrary, maintain continuous enrollment in compliance with section 6008 (b) (3) of the federal Families First Coronavirus Response Act, P.L. 116-127.

AB1038,63,5 (2) Liability insurance for physicians and nurse anesthetists. During the public health emergency declared on March 12, 2020, by executive order 72, 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:

AB1038,63,9 (a) The physician or nurse anesthetist may fulfill the requirements of s. 655.23 (3) (a) by filing with the commissioner of insurance 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.

AB1038,63,11 (b) The physician or nurse anesthetist may elect, in the manner designated by the commissioner of insurance by rule under s. 655.004, to be subject to ch. 655.

AB1038,63,12 (3) Virtual instruction; reports and guidance.

AB1038,63,13 (a) Definitions. In this subsection:

AB1038,63,14 1. “Department” means the department of public instruction.

AB1038,63,16 2. “Public health emergency” means the period during the 2019-20 school year when schools are closed by the department of health services under s. 252.02 (3).

AB1038,63,19 3. “Virtual instruction” means instruction provided through means of the Internet if the pupils participating in and instructional staff providing the instruction are geographically remote from each other.

AB1038,63,21 (b) School board reports. By November 1, 2020, each school board shall report to the department all of the following:

AB1038,63,24 1. Whether or not virtual instruction was implemented in the school district during the public health emergency and, if implemented, in which grades it was implemented.

AB1038,64,2 2. If virtual instruction was implemented in the school district during the public health emergency, the process for implementing the virtual instruction.

AB1038,64,5 3. For each grade level, the average percentage of the 2019-20 school year curriculum provided to pupils, including curriculum provided in-person and virtually.

AB1038,64,8 4. Whether anything was provided to pupils during the 2020 summer to help pupils learn content that pupils missed because of the public health emergency and, if so, what was provided to pupils.

AB1038,64,10 5. Recommendations for best practices for transitioning to and providing virtual instruction when schools are closed.

AB1038,64,12 6. Any challenges or barriers the school board faced related to implementing virtual instruction during the public health emergency.

AB1038,64,14 7. By position type, the number of staff members who were laid off during the public health emergency.

AB1038,64,16 8. The number of lunches the school board provided during the public health emergency.

AB1038,64,18 9. The total amount by which the school board reduced expenditures during, or because of, the public health emergency in each of the following categories:

AB1038,64,19 a. Utilities.

AB1038,64,20 b. Transportation.

AB1038,64,21 c. Food service.

AB1038,64,23 d. Personnel. This category includes expenditure reductions that result from layoffs.

AB1038,64,24 e. Contract terminations.

AB1038,65,3 (c) Report to the legislature. By January 1, 2021, the department shall compile and submit the information it received under par. (b ) to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

AB1038,65,6 (d) DPI guidance on returning to in-person instruction. By June 30, 2020, the department shall post on its Internet site guidance to schools on best practices related to transitioning from virtual instruction to in-person instruction.

AB1038,65,8 (4) Temporary credentials for former health care providers during emergency.

AB1038,65,9 (a) Definitions. In this subsection:

AB1038,65,10 1. “Credential” means a license or certificate.

AB1038,65,11 2. “Department” means the department of safety and professional services.

AB1038,65,14 3. “Health care provider” means an individual who was at any time within the previous 5 years, but is not currently, any of the following, if the individual's credential was never revoked, limited, suspended, or denied renewal:

AB1038,65,16 a. Licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441.

AB1038,65,17 b. Licensed as a dentist under ch. 447.

AB1038,65,19 c. Licensed as a physician, physician assistant, or perfusionist under ch. 448 or certified as a respiratory care practitioner under ch. 448.

AB1038,65,20 d. Licensed as a pharmacist under ch. 450.

AB1038,65,21 e. Licensed as a psychologist under ch. 455.

AB1038,65,24 f. A clinical social worker, marriage and family therapist, or professional counselor licensed under ch. 457 or an independent social worker or social worker certified under ch. 457.

AB1038,65,25 g. A clinical substance abuse counselor certified under s. 440.88.

AB1038,66,3 h. Any practitioner holding a credential to practice a profession that is identified by the department of health services during the period covered by the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,66,4 (b) Temporary emergency credentials.

AB1038,66,6 1. The department may grant a temporary credential to a health care provider if all of the following apply:

AB1038,66,7 a. The health care provider submits an application to the department.

AB1038,66,11 b. The department determines that the health care provider satisfies the eligibility requirements for the credential and is fit to practice after conducting an investigation of the health care provider's arrest or conviction record and record of professional discipline.

AB1038,66,14 2. If the department denies a health care provider's application for a temporary credential under this paragraph, the department shall notify the health care provider of the reason for denial.

AB1038,66,18 3. Notwithstanding ss. 441.06 (4), 441.15 (2), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), and 450.03 (1), a health care provider granted a temporary credential under this paragraph may provide services for which the health care provider has been licensed or certified.

AB1038,66,22 4. A health care provider who provides services authorized by a temporary credential granted under this paragraph shall maintain malpractice insurance that satisfies the requirements of the profession for which the health care provider has been licensed or certified.

AB1038,66,25 5. A temporary credential granted under this paragraph expires 90 days after the conclusion of the period covered by the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,67,9 (5) Authority to waive fees. Notwithstanding s. 440.05 and the applicable fee provisions in chs. 440 to 480, during the period covered by the public health emergency declared on March 12, 2020, by executive order 72, the department of safety and professional services may waive fees for applications for an initial credential and renewal of a credential for registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians, physician assistants, perfusionists, respiratory care practitioners, pharmacists, psychologists, clinical social workers, independent social workers, social workers, marriage and family therapists, professional counselors, and clinical substance abuse counselors.

AB1038,67,11 (6) Temporary credentials for health care providers from other states during emergency.

AB1038,67,12 (a) Definitions. In this subsection:

AB1038,67,13 1. “Credential” means a license or certificate.

AB1038,67,14 2. “Department” means the department of safety and professional services.

AB1038,67,18 3. “Health care provider” means an individual who holds a valid, unexpired license, certificate, or registration granted by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that any of the following are licensed or certified to perform:

AB1038,67,20 a. A registered nurse, licensed practical nurse, or nurse-midwife licensed under ch. 441.

AB1038,67,21 b. A dentist licensed under ch. 447.

AB1038,67,23 c. A physician, physician assistant, or perfusionist licensed under ch. 448 or a respiratory care practitioner certified under ch. 448.

AB1038,67,24 d. A pharmacist licensed under ch. 450.

AB1038,67,25 e. A psychologist licensed under ch. 455.

AB1038,68,3 f. A clinical social worker, marriage and family therapist, or professional counselor licensed under ch. 457 or an independent social worker or social worker certified under ch. 457.

AB1038,68,4 g. A clinical substance abuse counselor certified under s. 440.88.

AB1038,68,7 h. Any practitioner holding a credential to practice a profession that is identified by the department of health services during the period covered by the public health emergency declared on March 12, 2020, by executive order 72.