AB1038: Bill Text

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.

AB1038,68,8 (b) Temporary emergency credentials.

AB1038,68,10 1. The department may grant a temporary credential to a health care provider if all of the following apply:

AB1038,68,11 a. The health care provider submits an application to the department.

AB1038,68,15 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.

AB1038,68,18 2. The department may determine the appropriate scope of the review under subd. 1. b. of the background of a health care provider who applies for a temporary credential under this paragraph.

AB1038,68,21 3. 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 the denial.

AB1038,68,25 4. 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 is licensed or certified.

AB1038,69,4 5. 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 is licensed or certified.

AB1038,69,7 6. 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.

AB1038,69,16 (7) 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 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.

AB1038,69,17 (8) Position transfers.

AB1038,69,18 (a) In this subsection:

AB1038,69,20 1. “Emergency period” means the period covered by the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,69,22 2. “State agency” means any office, commission, board, department, or independent agency in the executive branch of state government.

AB1038,70,4 (b) During the emergency period, the secretary of administration may transfer any employee from one state agency to another state agency to provide services for the receiving state agency. The receiving state agency shall pay all salary and fringe benefit costs of the employee during the time he or she is providing services for the receiving state agency. Any action by the secretary under this paragraph shall remain in effect until rescinded by the secretary or 90 days after the public health emergency is terminated, whichever is earliest.

AB1038,70,9 (c) If an employee is transferred under par. (b), the receiving agency may not increase the employee's salary at the time of transfer or during the time he or she is providing services for the receiving agency and the transferring agency may not increase the employee's salary at the time the employee returns to the transferring agency.

AB1038,70,15 (d) The secretary of administration shall submit a report to the joint committee on finance no later than June 1, 2020, and on the first day of each subsequent month during the emergency period, that provides information on all employee transfers under par. (b). The report shall specify the number of employees transferred, the title of each employee transferred, the title the employee assumed at the receiving agency, and the reasons for each employee transfer.

AB1038,70,16 (9) Loans to municipal utilities.

AB1038,70,17 (a) Definitions. In this subsection:

AB1038,70,18 1. “Board” means the board of commissioners of public lands.

AB1038,70,20 2. “COVID-19 public health emergency” means the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,70,22 3. “Emergency period” means the period covered by the COVID-19 public health emergency, plus 60 days.

AB1038,70,23 4. “Municipal utility” has the meaning given in s. 196.377 (2) (a) 3.

AB1038,70,24 (b) Loans.

AB1038,71,4 1. The board may loan moneys under its control or belonging to the trust funds to a municipal utility to ensure that the municipal utility is able to maintain liquidity during the emergency period. The loan shall be for the sum of money, for the time, and upon the conditions as may be agreed upon between the board and the borrower.

AB1038,71,6 2. The legislature finds and determines that the loans authorized under this subsection serve a public purpose.

AB1038,71,7 (10) Legislative oversight of the Medical Assistance program.

AB1038,71,14 (a) Section 20.940 does not apply to a request for a waiver, amendment to a waiver, or other federal approval from the department of health services submitted to the federal department of health and human services during 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, only if the request is any of the following, relating to the Medical Assistance program:

AB1038,71,16 1. Allowing providers to receive payments for services provided in alternative settings to recipients affected by 2019 novel coronavirus.

AB1038,71,18 2. Waiving preadmission screening and annual resident review requirements when recipients are transferred.

AB1038,71,21 3. Allowing hospitals who hold a state license but have not yet received accreditation from the Joint Commission to bill the Medical Assistance program during the 2019 novel coronavirus public health emergency.

AB1038,71,24 4. Waiving payment of the application fee to temporarily enroll a provider for 90 days or until the termination of the 2019 novel coronavirus public health emergency, whichever is longer.

AB1038,72,4 5. Waiving pre-enrollment criminal background checks for providers that are enrolled in the Medicare program to temporarily enroll the provider in the Medical Assistance program for 90 days or until the termination of the 2019 novel coronavirus public health emergency, whichever is longer.

AB1038,72,7 6. Waiving site visit requirements to temporarily enroll a provider for 90 days or until the termination of 2019 novel coronavirus public health emergency, whichever is longer.

AB1038,72,11 7. Ceasing revalidation of providers who are enrolled in the Medical Assistance program or otherwise directly impacted by the 2019 novel coronavirus public health emergency for 90 days or until termination of the public health emergency, whichever is longer.

AB1038,72,14 8. Waiving the requirement that physicians and other health care professionals be licensed in the state in which they are providing services if they have equivalent licensing in another state or are enrolled in the federal Medicare program.

AB1038,72,16 9. Waiving prior authorization requirements for access to covered state plan or waiver benefits.

AB1038,72,21 10. Expanding the authority under Section 1905 (a) of the federal Social Security Act regarding nonemergency transportation to allow for reimbursement of any eligible individual under the Medical Assistance program, additional vendors, transportation for caregivers going to provide services to recipients, and meal delivery to Medical Assistance recipients.

AB1038,72,23 11. Waiving public notice requirements that would otherwise be applicable to state plan and waiver changes.

AB1038,73,3 12. Modifying the tribal consultation timelines specified in the Medical Assistance state plan to allow for consultation at the next future tribal health director meeting.

AB1038,73,8 13. Modifying the requirement under 42 CFR 430.20 to submit the state plan amendment by March 31, 2020, to obtain an effective date during the first calendar quarter of 2020. The department of health services shall comply with s. 49.45 (2t) for any item included in the state plan amendment that is not specifically described in this subsection.

AB1038,73,11 14. Simplifying program administration by allowing for temporary state plan flexibilities rather than requiring states to go through the state plan amendment submission and approval process.

AB1038,73,13 15. Waiving timely filing requirements for billing under 42 USC 1395cc and 1396a (a) (54) and 42 CFR 424.44 to allow time for providers to implement changes.

AB1038,73,15 16. Expanding hospital presumptive eligibility to include the population over age 65 and disabled.

AB1038,73,18 17. Allowing flexibility for submission of electronic signatures on behalf of a Medical Assistance recipient by application assistors if a signature cannot be captured in person.

AB1038,73,22 18. Waiving requirements for managed care organizations to complete initial and periodic recredentialing of network providers if the providers meet Medical Assistance provider enrollment requirements during the 2019 novel coronavirus public health emergency.

AB1038,74,2 19. Requiring managed care organizations to extend preexisting authorizations through which a Medical Assistance recipient has received prior authorization until the termination of the 2019 novel coronavirus public health emergency.

AB1038,74,4 20. Waiving sanctions under Section 1877 (g) of the Social Security Act relating to limitations on physician referral.

AB1038,74,6 21. Allowing flexibility in how a teaching physician is present with the patient and resident including real-time audio and video or access through a window.

AB1038,74,9 22. Waiving certain equipment requirements in hospital equipment maintenance requirement guidance issued on December 20, 2013, to maintain the health and safety of the hospitals' patients and providers.

AB1038,74,12 23. Creating provisions allowing for additional flexibilities to allow for the use in nursing homes of physician extenders in place of medical directors and attending physicians and telehealth options.

AB1038,74,14 24. Waiving notice of transfers within a nursing home due to medically necessary protection from the 2019 novel coronavirus.

AB1038,74,16 25. Waiving requirements to document sufficient preparation and orientation to residents to ensure a safer and orderly intrafacility nursing home transfer.

AB1038,74,17 26. Waiving requirements for a nursing home bedhold policy.

AB1038,74,19 27. Waiving the requirements for nursing home in-service education under 42 CFR 483.35 (d) (7).

AB1038,74,21 28. Waiving nurse staffing information and posting of that information for nursing homes.

AB1038,74,23 29. Suspending the requirement that a pharmacist go monthly to the nursing home to do record review.

AB1038,75,3 30. Waiving or lessening requirements for a paid feeding assistant program in nursing homes and setting guidelines for training to assist with the 2019 novel coronavirus pandemic.

AB1038,75,5 31. Waiving the annual and quarterly screening of fire extinguishers and any other annual maintenance review for nursing homes.

AB1038,75,7 32. Allowing all clinical hours required under 42 CFR 483.152 (a) (3) to be online simulation.

AB1038,75,9 33. Waiving under 42 CFR 483.151 (b) (2) the loss of the Nurse Aide Training and Competency Evaluation Program.

AB1038,75,11 34. Waiving the requirements under 42 CFR 483.160 for training of paid feeding assistants.

AB1038,75,13 35. Allowing home health agencies to perform certifications, initial assessments, and determine homebound status remotely or by record review.

AB1038,75,19 36. Waiving life safety codes for intermediate care facilities for individuals with intellectual disabilities under 42 CFR 483.70 and for hospitals, hospices, nursing homes, critical access hospitals and intermediate care facilities for individuals with intellectual disabilities relating to fire alarm system maintenance and testing, automatic sprinkler and standpipe system inspection, testing, and maintenance, and inspection and maintenance of portable fire extinguishers.

AB1038,75,21 37. Relating to the home and community-based waiver programs of Family Care, IRIS, and Children's Long-Term Supports, any of the following:

AB1038,75,24 a. Allowing all waiver services and administrative requirements that that can be provided with the same functional equivalency of face-to-face services to occur remotely.

AB1038,76,2 b. Removing the requirement to complete a 6-month progress report to reauthorize prevocational service.

AB1038,76,4 c. Removing the limitation that quotes from at least 3 providers must be obtained and submitted for home modifications.

AB1038,76,6 d. Removing the limitation preventing supportive home care from being provided in adult family homes and residential care apartment complexes.

AB1038,76,8 e. Removing the limitation preventing personal or nursing services for recipients in residential care apartment complexes.

AB1038,76,10 f. Removing the limitation that participants cannot receive other waiver services on the same day as receiving respite care.

AB1038,76,12 g. Allowing adult day service providers, prevocational providers, and supported employment providers to provide services in alternate settings.

AB1038,76,15 h. Allowing up to 3 meals per day for home delivered meals for Family Care and IRIS program enrollees and adding home delivered meals as a benefit in the Children's Long-Term Supports waiver.

AB1038,76,17 i. Removing the limitation on using moneys to relocate individuals from an institution or family home to an independent living arrangement.

AB1038,76,19 j. Allowing any individual with an intellectual or developmental disability to reside in a community-based residential facility with greater than 8 beds.

AB1038,76,22 k. Modifying the scope of the child care benefit to allow for the provision of child care payments for children under the age of 12 in the program for direct care workers and medical workers who need access to child care during the emergency.

AB1038,76,24 l. Allowing for all home and community-based waiver services to be provided in temporary settings.

AB1038,77,2 m. Allowing home and community-based waiver services to be provided temporarily in an acute care hospital or in a short-term institutional stay.