AB1038,66,44
(b)
Temporary emergency credentials.
AB1038,66,6
51. The department may grant a temporary credential to a health care provider
6if all of the following apply:
AB1038,66,7
7a. The health care provider submits an application to the department.
AB1038,66,11
8b. The department determines that the health care provider satisfies the
9eligibility requirements for the credential and is fit to practice after conducting an
10investigation of the health care provider's arrest or conviction record and record of
11professional discipline.
AB1038,66,14
122. If the department denies a health care provider's application for a temporary
13credential under this paragraph, the department shall notify the health care
14provider of the reason for denial.
AB1038,66,18
153. Notwithstanding ss. 441.06 (4), 441.15 (2), 447.03 (1) and (2), 448.03 (1) (a),
16(b), and (c) and (1m), and 450.03 (1), a health care provider granted a temporary
17credential under this paragraph may provide services for which the health care
18provider has been licensed or certified.
AB1038,66,22
194. A health care provider who provides services authorized by a temporary
20credential granted under this paragraph shall maintain malpractice insurance that
21satisfies the requirements of the profession for which the health care provider has
22been licensed or certified.
AB1038,66,25
235. A temporary credential granted under this paragraph expires 90 days after
24the conclusion of the period covered by the public health emergency declared on
25March 12, 2020, by executive order 72.
AB1038,67,9
1(5)
Authority to waive fees. Notwithstanding s. 440.05 and the applicable fee
2provisions in chs. 440 to 480, during the period covered by the public health
3emergency declared on March 12, 2020, by executive order 72, the department of
4safety and professional services may waive fees for applications for an initial
5credential and renewal of a credential for registered nurses, licensed practical
6nurses, nurse-midwives, dentists, physicians, physician assistants, perfusionists,
7respiratory care practitioners, pharmacists, psychologists, clinical social workers,
8independent social workers, social workers, marriage and family therapists,
9professional counselors, and clinical substance abuse counselors.
AB1038,67,1110
(6)
Temporary credentials for health care providers from other states
11during emergency.
AB1038,67,1212
(a)
Definitions. In this subsection:
AB1038,67,13
131. “Credential” means a license or certificate.
AB1038,67,14
142. “Department” means the department of safety and professional services.
AB1038,67,18
153. “Health care provider” means an individual who holds a valid, unexpired
16license, certificate, or registration granted by another state or territory that
17authorizes or qualifies the individual to perform acts that are substantially the same
18as the acts that any of the following are licensed or certified to perform:
AB1038,67,20
19a. A registered nurse, licensed practical nurse, or nurse-midwife licensed
20under ch. 441.
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21b. A dentist licensed under ch. 447.
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22c. A physician, physician assistant, or perfusionist licensed under ch. 448 or a
23respiratory care practitioner certified under ch. 448.
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24d. A pharmacist licensed under ch. 450.
AB1038,67,25
25e. A psychologist licensed under ch. 455.
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1f. A clinical social worker, marriage and family therapist, or professional
2counselor licensed under ch. 457 or an independent social worker or social worker
3certified under ch. 457.
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4g. A clinical substance abuse counselor certified under s. 440.88.
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5h. Any practitioner holding a credential to practice a profession that is
6identified by the department of health services during the period covered by the
7public health emergency declared on March 12, 2020, by executive order 72.
AB1038,68,88
(b)
Temporary emergency credentials.
AB1038,68,10
91. The department may grant a temporary credential to a health care provider
10if all of the following apply:
AB1038,68,11
11a. The health care provider submits an application to the department.
AB1038,68,15
12b. The department determines that the health care provider satisfies the
13eligibility requirements for the credential and is fit to practice after conducting an
14investigation of the health care provider's arrest or conviction record and record of
15professional discipline.
AB1038,68,18
162. The department may determine the appropriate scope of the review under
17subd. 1. b. of the background of a health care provider who applies for a temporary
18credential under this paragraph.
AB1038,68,21
193. If the department denies a health care provider's application for a temporary
20credential under this paragraph, the department shall notify the health care
21provider of the reason for the denial.
AB1038,68,25
224. Notwithstanding ss. 441.06 (4), 441.15 (2), 447.03 (1) and (2), 448.03 (1) (a),
23(b), and (c) and (1m), and 450.03 (1), a health care provider granted a temporary
24credential under this paragraph may provide services for which the health care
25provider is licensed or certified.
AB1038,69,4
15. A health care provider who provides services authorized by a temporary
2credential granted under this paragraph shall maintain malpractice insurance that
3satisfies the requirements of the profession for which the health care provider is
4licensed or certified.
AB1038,69,7
56. A temporary credential granted under this paragraph expires 90 days after
6the conclusion of the period covered by the public health emergency declared on
7March 12, 2020, by executive order 72.
AB1038,69,168
(7)
Authority to waive fees. Notwithstanding s. 440.05 and the applicable fee
9provisions in chs. 440 to 480, during the period covered by the public health
10emergency declared on March 12, 2020, by executive order 72, the department may
11waive fees for applications for an initial credential and renewal of a credential for
12registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians,
13physician assistants, perfusionists, respiratory care practitioners, pharmacists,
14psychologists, clinical social workers, independent social workers, social workers,
15marriage and family therapists, professional counselors, and clinical substance
16abuse counselors.
AB1038,69,1717
(8)
Position transfers.
AB1038,69,1818
(a) In this subsection:
AB1038,69,20
191. “Emergency period” means the period covered by the public health
20emergency declared on March 12, 2020, by executive order 72.
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212. “State agency” means any office, commission, board, department, or
22independent agency in the executive branch of state government.
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(b) During the emergency period, the secretary of administration may transfer
24any employee from one state agency to another state agency to provide services for
25the receiving state agency. The receiving state agency shall pay all salary and fringe
1benefit costs of the employee during the time he or she is providing services for the
2receiving state agency. Any action by the secretary under this paragraph shall
3remain in effect until rescinded by the secretary or 90 days after the public health
4emergency is terminated, whichever is earliest.
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(c) If an employee is transferred under par. (b), the receiving agency may not
6increase the employee's salary at the time of transfer or during the time he or she is
7providing services for the receiving agency and the transferring agency may not
8increase the employee's salary at the time the employee returns to the transferring
9agency.
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(d) The secretary of administration shall submit a report to the joint committee
11on finance no later than June 1, 2020, and on the first day of each subsequent month
12during the emergency period, that provides information on all employee transfers
13under par. (b). The report shall specify the number of employees transferred, the title
14of each employee transferred, the title the employee assumed at the receiving agency,
15and the reasons for each employee transfer.
AB1038,70,1616
(9)
Loans to municipal utilities.
AB1038,70,1717
(a)
Definitions. In this subsection:
AB1038,70,18
181. “Board” means the board of commissioners of public lands.
AB1038,70,20
192. “COVID-19 public health emergency” means the public health emergency
20declared on March 12, 2020, by executive order 72.
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213. “Emergency period” means the period covered by the COVID-19 public
22health emergency, plus 60 days.
AB1038,70,23
234. “Municipal utility” has the meaning given in s. 196.377 (2) (a) 3.
AB1038,70,2424
(b)
Loans.
AB1038,71,4
11. The board may loan moneys under its control or belonging to the trust funds
2to a municipal utility to ensure that the municipal utility is able to maintain liquidity
3during the emergency period. The loan shall be for the sum of money, for the time,
4and upon the conditions as may be agreed upon between the board and the borrower.
AB1038,71,6
52. The legislature finds and determines that the loans authorized under this
6subsection serve a public purpose.
AB1038,71,77
(10)
Legislative oversight of the Medical Assistance program.
AB1038,71,148
(a) Section 20.940 does not apply to a request for a waiver, amendment to a
9waiver, or other federal approval from the department of health services submitted
10to the federal department of health and human services during the public health
11emergency declared under
42 USC 247d by the secretary of the federal department
12of health and human services on January 31, 2020, in response to the 2019 novel
13coronavirus, only if the request is any of the following, relating to the Medical
14Assistance program:
AB1038,71,16
151. Allowing providers to receive payments for services provided in alternative
16settings to recipients affected by 2019 novel coronavirus.
AB1038,71,18
172. Waiving preadmission screening and annual resident review requirements
18when recipients are transferred.
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193. Allowing hospitals who hold a state license but have not yet received
20accreditation from the Joint Commission to bill the Medical Assistance program
21during the 2019 novel coronavirus public health emergency.
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224. Waiving payment of the application fee to temporarily enroll a provider for
2390 days or until the termination of the 2019 novel coronavirus public health
24emergency, whichever is longer.
AB1038,72,4
15. Waiving pre-enrollment criminal background checks for providers that are
2enrolled in the Medicare program to temporarily enroll the provider in the Medical
3Assistance program for 90 days or until the termination of the 2019 novel
4coronavirus public health emergency, whichever is longer.
AB1038,72,7
56. Waiving site visit requirements to temporarily enroll a provider for 90 days
6or until the termination of 2019 novel coronavirus public health emergency,
7whichever is longer.
AB1038,72,11
87. Ceasing revalidation of providers who are enrolled in the Medical Assistance
9program or otherwise directly impacted by the 2019 novel coronavirus public health
10emergency for 90 days or until termination of the public health emergency,
11whichever is longer.
AB1038,72,14
128. Waiving the requirement that physicians and other health care professionals
13be licensed in the state in which they are providing services if they have equivalent
14licensing in another state or are enrolled in the federal Medicare program.
AB1038,72,16
159. Waiving prior authorization requirements for access to covered state plan or
16waiver benefits.
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1710. Expanding the authority under Section 1905 (a) of the federal Social
18Security Act regarding nonemergency transportation to allow for reimbursement of
19any eligible individual under the Medical Assistance program, additional vendors,
20transportation for caregivers going to provide services to recipients, and meal
21delivery to Medical Assistance recipients.
AB1038,72,23
2211. Waiving public notice requirements that would otherwise be applicable to
23state plan and waiver changes.
AB1038,73,3
112. Modifying the tribal consultation timelines specified in the Medical
2Assistance state plan to allow for consultation at the next future tribal health
3director meeting.
AB1038,73,8
413. Modifying the requirement under
42 CFR 430.20 to submit the state plan
5amendment by March 31, 2020, to obtain an effective date during the first calendar
6quarter of 2020. The department of health services shall comply with s. 49.45 (2t)
7for any item included in the state plan amendment that is not specifically described
8in this subsection.
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914. Simplifying program administration by allowing for temporary state plan
10flexibilities rather than requiring states to go through the state plan amendment
11submission and approval process.
AB1038,73,13
1215. Waiving timely filing requirements for billing under
42 USC 1395cc and
131396a (a) (54) and
42 CFR 424.44 to allow time for providers to implement changes.
AB1038,73,15
1416. Expanding hospital presumptive eligibility to include the population over
15age 65 and disabled.
AB1038,73,18
1617. Allowing flexibility for submission of electronic signatures on behalf of a
17Medical Assistance recipient by application assistors if a signature cannot be
18captured in person.
AB1038,73,22
1918. Waiving requirements for managed care organizations to complete initial
20and periodic recredentialing of network providers if the providers meet Medical
21Assistance provider enrollment requirements during the 2019 novel coronavirus
22public health emergency.
AB1038,74,2
2319. Requiring managed care organizations to extend preexisting
24authorizations through which a Medical Assistance recipient has received prior
1authorization until the termination of the 2019 novel coronavirus public health
2emergency.
AB1038,74,4
320. Waiving sanctions under Section 1877 (g) of the Social Security Act relating
4to limitations on physician referral.
AB1038,74,6
521. Allowing flexibility in how a teaching physician is present with the patient
6and resident including real-time audio and video or access through a window.
AB1038,74,9
722. Waiving certain equipment requirements in hospital equipment
8maintenance requirement guidance issued on December 20, 2013, to maintain the
9health and safety of the hospitals' patients and providers.
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1023. Creating provisions allowing for additional flexibilities to allow for the use
11in nursing homes of physician extenders in place of medical directors and attending
12physicians and telehealth options.
AB1038,74,14
1324. Waiving notice of transfers within a nursing home due to medically
14necessary protection from the 2019 novel coronavirus.
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1525. Waiving requirements to document sufficient preparation and orientation
16to residents to ensure a safer and orderly intrafacility nursing home transfer.
AB1038,74,17
1726. Waiving requirements for a nursing home bedhold policy.
AB1038,74,19
1827. Waiving the requirements for nursing home in-service education under
42
19CFR 483.35 (d) (7).
AB1038,74,21
2028. Waiving nurse staffing information and posting of that information for
21nursing homes.
AB1038,74,23
2229. Suspending the requirement that a pharmacist go monthly to the nursing
23home to do record review.
AB1038,75,3
130. Waiving or lessening requirements for a paid feeding assistant program in
2nursing homes and setting guidelines for training to assist with the 2019 novel
3coronavirus pandemic.
AB1038,75,5
431. Waiving the annual and quarterly screening of fire extinguishers and any
5other annual maintenance review for nursing homes.
AB1038,75,7
632. Allowing all clinical hours required under
42 CFR 483.152 (a) (3) to be
7online simulation.
AB1038,75,9
833. Waiving under
42 CFR 483.151 (b) (2) the loss of the Nurse Aide Training
9and Competency Evaluation Program.
AB1038,75,11
1034. Waiving the requirements under
42 CFR 483.160 for training of paid
11feeding assistants.
AB1038,75,13
1235. Allowing home health agencies to perform certifications, initial
13assessments, and determine homebound status remotely or by record review.
AB1038,75,19
1436. Waiving life safety codes for intermediate care facilities for individuals with
15intellectual disabilities under
42 CFR 483.70 and for hospitals, hospices, nursing
16homes, critical access hospitals and intermediate care facilities for individuals with
17intellectual disabilities relating to fire alarm system maintenance and testing,
18automatic sprinkler and standpipe system inspection, testing, and maintenance,
19and inspection and maintenance of portable fire extinguishers.
AB1038,75,21
2037. Relating to the home and community-based waiver programs of Family
21Care, IRIS, and Children's Long-Term Supports, any of the following:
AB1038,75,24
22a. Allowing all waiver services and administrative requirements that that can
23be provided with the same functional equivalency of face-to-face services to occur
24remotely.
AB1038,76,2
1b. Removing the requirement to complete a 6-month progress report to
2reauthorize prevocational service.