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AB1038,77,2
1m. Allowing home and community-based waiver services to be provided
2temporarily in an acute care hospital or in a short-term institutional stay.
AB1038,77,4 3n. Allowing payment for home and community-based waiver services provided
4in settings outside this state.
AB1038,77,6 5o. Allowing general retailers to provide assistive technology or communication
6aids.
AB1038,77,8 7p. Allowing providers certified or licensed in other states or enrolled in the
8Medicare program to perform the same or comparable services in this state.
AB1038,77,9 9q. Delaying provider licensing or certification reviews.
AB1038,77,11 10r. Allowing the department of health services to waive provider qualifications
11as necessary to increase the pool of available providers.
AB1038,77,12 12s. Allowing 4-year background checks to be delayed.
AB1038,77,14 13t. Expanding transportation providers to include individual and
14transportation network companies.
AB1038,77,15 15u. Allowing noncertified individuals to provide home delivered meals.
AB1038,77,16 16v. Allowing nursing students to provide allowable nursing services.
AB1038,77,19 17w. Allowing parents to be paid caregivers for their minor children in the
18Children's Long-Term Supports program when providing a service that would
19otherwise have been performed and paid for by a provider.
AB1038,77,20 20x. Allowing for qualified individuals to provide training to unpaid caregivers.
AB1038,77,21 21y. Waiving choice of provider requirements.
AB1038,77,23 22z. Waiving the managed care network adequacy requirements under 42 CFR
23438.68
and 438.207.
AB1038,77,2524 za. Waiving requirements to complete initial and required periodic
25credentialing of network providers.
AB1038,78,1
1zb. Adding a verbal and electronic method to signing required documents.
AB1038,78,42 zc. Allowing the option to conduct evaluations, assessments, and
3person-centered service planning meetings virtually or remotely in lieu of
4face-to-face meetings.
AB1038,78,55 zd. Allowing the lessening of prior approval or authorization requirements.
AB1038,78,76 ze. Allowing for data entry of incidents into the incident reporting system
7outside of typical timeframes.
AB1038,78,98 zf. Waiving the requirement to distribute member-centered plans to essential
9providers.
AB1038,78,1310 zg. Allowing the department of health services to draw federal financing match
11for payments, such as hardship or supplemental payments, to stabilize and retain
12providers who suffer extreme disruptions to their standard business model or
13revenue streams as a result of the 2019 novel coronavirus.
AB1038,78,1514 zh. Allowing the department of health services to waive participant liability for
15room and board when temporarily sheltered at noncertified facilities.
AB1038,78,1716 zi. Allowing payment for home and community-based waiver services that are
17not documented in the recipient's plan.
AB1038,78,2218 zj. Allowing managed care enrollees to proceed almost immediately to a state
19fair hearing without having a managed care plan resolve the appeal first by
20permitting the department of health services to modify the timeline for managed
21care plans to resolve appeals to one day so the impacted appeals satisfy the
22exhaustion requirements and give enrollees more time to request a fair hearing.
AB1038,78,2423 zk. Waiving public notice requirements that would otherwise be applicable to
24waiver changes.
AB1038,79,2
1zl. Modifying the tribal consultation timelines to allow for consultation at the
2next future tribal health directors meeting.
AB1038,79,33 zm. Waiving timelines for reports, required surveys, and notifications.
AB1038,79,44 zn. Allowing the extension of the certification period of level-of-care screeners.
AB1038,79,75 zo. Allowing the waiver of requirements related to home and community-based
6settings on a case by case basis in order to ensure the health, safety and welfare of
7affected beneficiaries under 42 CFR 441.301 (c) (4).
AB1038,79,98 zp. Applying any provisions under this paragraph automatically to the
9concurrent 1915 (b) waiver.
AB1038,79,1110 zq. Allowing the waiver enrollment or eligibility changes based on a completed
11functional screen resulting in a change in level-of-care.
AB1038,79,1312 zr. Allowing for continued enrollment in the Children's Long-Term Supports
13program past the ages of 18 and 21.
AB1038,79,1414 zs. Allowing the suspension of involuntary disenrollment.
AB1038,79,1915 (b) The department of health services may implement any of the items specified
16in par. (a) only on a temporary basis to address the 2019 novel coronavirus pandemic
17for which the public health emergency described in par. (a) is declared, and any
18extension or renewal of the items in par. (a ) shall comply with s. 20.940 and, if
19applicable, s. 49.45 (2t).
AB1038,79,2520 (11) Audit of programs and expenditures. Beginning July 1, 2020, and ending
21June 30, 2021, the legislative audit bureau shall use risk-based criteria to review
22selected programs affected by this act and selected expenditures made with funds
23authorized by this act and report the results of its reviews at least quarterly to the
24chief clerk of each house of the legislature and to the joint legislative audit
25committee.
AB1038,80,4
1(13) Communications limitations under campaign finance law. Section 11.1205
2(1) does not apply to communications made during, or within 30 days after
3termination of, the public health emergency declared on March 12, 2020, by
4executive order 72, if the communications relate to the public health emergency.
AB1038,80,155 (14) Authority to waive interest and penalties for general fund and
6transportation fund taxes.
For any person who fails to remit a covered tax or fee
7by the date required by law, the secretary of revenue may waive, on a case-by-case
8basis, any penalty or interest that accrues during the applicable period if the date
9required by law for the remittance is during the applicable period and the secretary
10determines that the person's failure is due to the effects of the COVID-19 pandemic.
11For purposes of this subsection, “applicable period” means the period covered by the
12public health emergency declared on March 12, 2020, by executive order 72, and
13“covered tax or fee” means a tax that is deposited or expected to be deposited into the
14general fund or a tax or fee that is deposited or expected to be deposited into the
15transportation fund.
AB1038,80,1616 (15) Autopsies and cremation of bodies of persons who died of COVID-19.
AB1038,80,1817 (a) Definition. In this subsection, “COVID-19” means an infection caused by
18the SARS-CoV-2 coronavirus.
AB1038,80,2519 (b) Viewing of a corpse to be cremated following death from COVID-19.
20Notwithstanding s. 979.10 (1) (b), for the duration of the public health emergency
21declared on March 12, 2020, by executive order 72, if any physician, coroner, or
22medical examiner has signed the death certificate of a deceased person and listed
23COVID-19 as the underlying cause of death, a coroner or medical examiner shall
24issue a cremation permit to cremate the corpse of that deceased person without
25viewing the corpse.
AB1038,81,7
1(c) Time for cremation of a person who has died of COVID-19. Notwithstanding
2s. 979.10 (1) (a) (intro.), for the duration of the public health emergency declared on
3March 12, 2020, by executive order 72, if a physician, coroner, or medical examiner
4has signed the death certificate of a deceased person and listed COVID-19 as the
5underlying cause of death, a coroner or medical examiner shall issue, within 48 hours
6after the time of death, a cremation permit for the cremation of a corpse of a deceased
7person.
AB1038,81,168 (d) Examination of the body of an inmate who has died of COVID-19.
9Notwithstanding s. 979.025, for the duration of the public health emergency declared
10on March 12, 2020, by executive order 72, if an individual who has been diagnosed
11with COVID-19 dies while he or she is in the legal custody of the department of
12corrections and confined to a correctional facility located in this state, the coroner or
13medical examiner may perform a limited examination of the deceased individual
14instead of a full autopsy, which may include an external examination of the body of
15the deceased individual, a review of the deceased individual's medical records, or a
16review of the deceased individual's radiographs.
AB1038,81,2217 (e) Requiring electronic signature on death certificates with 48 hours if death
18is caused by COVID-19.
Notwithstanding s. 69.18 or any other requirements to the
19contrary, during the public health emergency declared on March 12, 2020, by
20executive order 72, if the underlying cause of a death is determined to be COVID-19,
21the person required to sign the death certificate shall provide an electronic signature
22on the death certificate within 48 hours after the death occurs.
AB1038,81,2323 (16) Credential renewal during COVID-19 emergency.
AB1038,82,224 (a) Definition. In this subsection, “emergency period” means the period covered
25by the state of emergency related to public health declared by the governor on March

112, 2020, by executive order 72, and for the 60 days following the date that the state
2of emergency is terminated.
AB1038,82,153 (b) Emergency medical services renewals. Notwithstanding s. 256.15 (6) (b) and
4(c), (8) (c) and (cm), and (10), during the emergency period, the department of health
5services may not require an ambulance service provider, emergency medical services
6practitioner, or emergency medical responder that holds a license, training permit,
7or certificate under s. 256.15 that has not been suspended or revoked to renew that
8license, training permit, or certificate or impose renewal requirements, such as
9continuing education, on an ambulance service provider, emergency medical services
10practitioner, or emergency medical responder that holds a license, training permit,
11or certificate under s. 256.15. A renewal that occurs after the emergency period is
12not considered a late renewal if the application to renew the credential is received
13before the next applicable renewal date. The department of health services may, for
14that next applicable renewal date, provide an exemption from or reduction of
15continuing education or other conditions for renewal.
AB1038,82,2116 (17) Child Care and Development Fund block grant funds. The federal Child
17Care and Development Fund block grant funds received under the federal
18Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, shall be credited
19to the appropriations under s. 20.437 (1) (mc) and (md). No moneys credited under
20this subsection may be encumbered or expended except as provided under s. 16.54
21(2) (a) 2.
AB1038,83,222 (18) Eligibility for local fair aids. Notwithstanding s. 93.23 (1) (c), each
23agricultural society, board, or association that received aid under s. 93.23 in 1950
24shall continue to remain eligible for aid if a fair operated by the society, board, or

1association is not held during 2020 because of the public health emergency declared
2on March 12, 2020, by executive order 72.
AB1038,83,43 (19) Applications for heating assistance. Households may apply for heating
4assistance under s. 16.27 (4) (a) at any time during calendar year 2020.
AB1038,83,105 (20) Pay-for-performance; health information exchange. The department of
6health services shall develop for the Medical Assistance program a payment system
7based on performance to incentivize participation in health information data sharing
8to facilitate better patient care, reduced costs, and easier access to patient
9information. The department shall establish performance metrics for the payment
10system under this subsection that satisfy all of the following:
AB1038,83,1211 (a) The metric shall include participation by providers in a health information
12exchange at a minimum level of patient record access.
AB1038,83,1413 (b) The payment under the payment system shall increase as the participation
14level in the health information exchange increases.
AB1038,83,1515 (c) The payment system shall begin in the 2021 rate year.
AB1038,83,2016 (d) For purposes of this payment system, the department shall seek any
17available federal moneys, including any moneys available for this purpose under the
18the federal Coronavirus Aid, Relief, and Economic Security Act, P.L. 116-136, to
19assist small, rural providers with the costs of information technology setup to
20participate in the health information exchange.
AB1038,83,2421 (21) Pupil assessments; public health emergency exception for the 2019-20
22school year.
Sections 115.7915 (5) (b) and (6) (j), 118.30 (1m), (1r), (1s), and (1t),
23118.40 (2r) (d) 2. and (2x) (d) 2., 118.60 (7) (b) 1., 119.23 (7) (b) 1., and 121.02 (1) (r)
24and (s) do not apply in the 2019-20 school year.
AB1038,84,6
1(22) Direct hours of instruction; waiver for private schools. In the 2019-20
2school year, the governing body of a private school may request the department to
3waive any requirement related to providing hours of instruction in chs. 115 to 121,
4including the requirements in ss. 118.165 (1) (c), 118.60 (2) (a) 8., and 119.23 (2) (a)
58., or in administrative rules promulgated by the department under the authority of
6those chapters.
AB1038,84,87 (23) Statewide parental choice program; applications for the 2020-21 school
8year.
AB1038,84,139 (a) Notwithstanding s. 118.60 (3) (ar) 1., a private school that submitted a
10notice of intent to participate under s. 118.60 (2) (a) 3. a. by January 10, 2020, may
11accept applications for the 2020-21 school year until May 14, 2020, from pupils who
12reside in a school district, other than an eligible school district, as defined in s. 118.60
13(1) (am), or a 1st class city school district.
AB1038,84,1714 (b) Notwithstanding s. 118.60 (3) (ar) 2., each private school that receives
15applications under s. 118.60 (3) (ar) 1. for the 2020-21 school year by the deadline
16under par. (a), shall report the information required under s. 118.60 (3) (ar) 2. to the
17department of public instruction by May 29, 2020.
AB1038,84,2118 (24) Full-time open enrollment; applications for the 2020-21 school year.
19Notwithstanding s. 118.51 (3) (a) and (b), (8), and (14) (b), all of the following apply
20to applications to attend a public school in a nonresident school district under s.
21118.51 in the 2020-21 school year:
AB1038,84,2322 (a) The deadline for a parent of a pupil to submit an application to a nonresident
23school district under s. 118.51 (3) (a) 1. is May 29, 2020.
AB1038,85,3
1(b) The deadline for a nonresident school board to send a copy of an application
2to a pupil's resident school board and the department under s. 118.51 (3) (a) 1. is by
3the end of the day on June 1, 2020.
AB1038,85,64 (c) The deadline for a resident school board to send a copy of a pupil's
5individualized education program to a nonresident school district under s. 118.51 (3)
6(a) 1m. is June 8, 2020.
AB1038,85,87 (d) A nonresident school board may not act on any application received under
8s. 118.51 (3) (a) 1. before June 1, 2020.
AB1038,85,119 (e) The deadline under s. 118.51 (3) (a) 3. by which a nonresident school board
10must notify an applicant of whether the applicant's application has been accepted is
11July 2, 2020.
AB1038,85,1412 (f) The deadline under s. 118.51 (3) (a) 4. by which a resident school board must
13notify an applicant and the nonresident school board that an application has been
14denied is July 9, 2020.
AB1038,85,1915 (g) The deadline under s. 118.51 (3) (a) 6. for a pupil's parent to notify a
16nonresident school board of the pupil's intent to attend school in the nonresident
17school district in the 2020-21 school year is July 31, 2020, or within 10 days of
18receiving a notice of acceptance if a pupil is selected from a waiting list under s.
19118.51 (5) (d).
AB1038,85,2220 (h) By August 7, 2020, each nonresident school board that has accepted a pupil
21under s. 118.51 for attendance in the 2020-21 school year shall report the name of
22the pupil to the pupil's resident school board.
AB1038,85,2523 (i) The deadline for a resident school board to provide the information under
24s. 118.51 (8) to a nonresident school board to which a pupil has applied to attend in
25the 2020-21 school year is June 5, 2020.
AB1038,86,4
1(j) The deadline under s. 118.51 (14) (b) for the department to provide parents
2requesting reimbursement under s. 118.51 (14) (b) an estimate of the amount of
3reimbursement that the parent will receive if the pupil attends public school in the
4nonresident school district in the 2020-21 school year is June 12, 2020.
AB1038,86,125 (25) Interest on late property tax payments. Notwithstanding ss. 74.11, 74.12,
6and 74.87, for property taxes payable in 2020, after making a general or
7case-by-case finding of hardship, a taxation district may provide that an
8installment payment that is due and payable after April 1, 2020, and is received after
9its due date shall not accrue interest or penalties if the total amount due and payable
10in 2020 is paid on or before October 1, 2020. Interest and penalties shall accrue from
11October 1, 2020, for any property taxes payable in 2020 that are delinquent after
12October 1, 2020.
AB1038,86,1813 (26m) Plan to assist major industries. No later than June 30, 2020, the
14Wisconsin Economic Development Corporation shall submit to the legislature in the
15manner provided under s. 13.172 (2), and to the governor, a report that includes a
16plan for providing support to the major industries in this state that have been
17adversely affected by the COVID-19 public health emergency, including tourism,
18manufacturing, agriculture, construction, retail, and services.
AB1038,86,2319 (27m) Unemployment insurance; federal advances. The secretary of
20workforce development shall, to the extent permitted under federal law, seek
21advances to the unemployment reserve fund established in s. 108.16 from the federal
22government, so as to allow Schedule D under s. 108.18 (4) to remain in effect through
23the end of calendar year 2021.
AB1038,106 24Section 106 . Initial applicability.
AB1038,87,3
1(1) Unemployment insurance; charging of benefits. The amendment of s.
2108.16 (6m) (a) and the creation of ss. 108.04 (2) (d) and 108.07 (5) (bm) first apply
3retroactively to weeks of benefits described in s. 108.07 (5) (bm).
AB1038,87,74 (2) Deadlines and training requirements falling during a public health
5emergency.
The treatment of s. 323.265 first applies retroactively to a deadline, as
6defined in s. 323.265 (1) (b), or training requirement falling during the public health
7emergency declared on March 12, 2020, by executive order 72.
AB1038,87,88 (End)
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