AB1038: Bill Text

AB1038,84 Section 84 . 323.2913 of the statutes is created to read:

AB1038,51,15 323.2913 Use of annual leave during probationary period by state employee. Notwithstanding s. 230.35 (1) (b), a state employee may take annual leave within the first 6 months of the employee's probationary period upon initial appointment during the public health emergency declared on March 12, 2020, by executive order 72. If an employee who has taken annual leave under this section terminates his or her employment before earning annual leave equivalent to the amount of annual leave the employee has taken, the appointing authority shall deduct the cost of the unearned annual leave from the employee's final pay.

AB1038,85 Section 85 . 323.2915 of the statutes is created to read:

AB1038,51,22 323.2915 State civil service grievance procedures. (1) Notwithstanding s. 230.445 (2) and (3), an employee does not waive his or her right to appeal an adverse employment decision if the employee does not timely file the complaint or appeal during the public health emergency declared on March 12, 2020, by executive order 72. The tolling period under s. 230.445 (3) (a) 1. begins 14 days after the termination of such public health emergency.

AB1038,52,2 (2) Notwithstanding s. 230.445 (3) (a) 2., an appointing authority or his or her designee is not required to meet with a complainant in person during the public health emergency declared on March 12, 2020, by executive order 72, when conducting an investigation under s. 230.445 (3) (a) 2.

AB1038,86 Section 86 . 440.08 (5) of the statutes is created to read:

AB1038,52,6 440.08 (5) Renewal suspension for public health emergency. (a) In this subsection, “health care provider credential” means any credential issued under ch. 441, 447, 448, 450, 455, 460, or 462.

AB1038,52,11 (b) Notwithstanding subs. (1) to (3) and the applicable provisions in chs. 440 to 480, but subject to any professional discipline imposed on the credential, a health care provider credential is not subject to renewal, or any other conditions for renewal including continuing education, and remains valid during the period specified in par. (c).

AB1038,52,14 (c) For purposes of par. (b), the period shall be the period beginning on March 12, 2020, and ending on the 60th day after the end of the period covered by the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,52,20 (d) A renewal that occurs subsequent to the period described in par. (c) is not subject to the late renewal fee under sub. (3) (a) if the application to renew the credential is received before the next applicable renewal date. Notwithstanding the applicable provisions in chs. 440 to 480, the applicable credentialing board may, for that next applicable renewal date, provide an exemption from or reduction of continuing education or other conditions for renewal.

AB1038,87 Section 87 . 450.11 (5) (a) of the statutes is amended to read:

AB1038,53,6 450.11 (5) (a) Except as provided in par. pars. (bm) and (br), no prescription may be refilled unless the requirements of sub. (1) and, if applicable, sub. (1m) have been met and written, oral, or electronic authorization has been given by the prescribing practitioner. Unless the prescribing practitioner has specified in the prescription order that dispensing a prescribed drug in an initial amount followed by periodic refills as specified in the prescription order is medically necessary, a pharmacist may exercise his or her professional judgment to dispense varying quantities of the prescribed drug per fill up to the total number of dosage units authorized by the prescribing practitioner in the prescription order including any refills, subject to par. (b).

AB1038,88 Section 88 . 450.11 (5) (br) of the statutes is created to read:

AB1038,53,13 450.11 (5) (br) 1. In the event a pharmacist receives a request for a prescription to be refilled and the prescription cannot be refilled as provided in par. (a), the pharmacist may, subject to subd. 2. a. to e., extend the existing prescription order and dispense the drug to the patient, if the pharmacist has not received and is not aware of written or oral instructions from the prescribing practitioner prohibiting further dispensing pursuant to or extension of the prescription order.

AB1038,53,19 2. a. A prescribing practitioner may indicate, by writing on the face of the prescription order or, with respect to a prescription order transmitted electronically, by designating in electronic format the phrase “No extensions," or words of similar meaning, that no extension of the prescription order may be made under subd. 1. If such indication is made, the pharmacist may not extend the prescription order under subd. 1.

AB1038,53,25 b. A pharmacist acting under subd. 1. may not extend a prescription order to dispense more than a 30-day supply of the prescribed drug, except that if the drug is typically packaged in a form that requires a pharmacist to dispense the drug in a quantity greater than a 30-day supply, the pharmacist may extend the prescription order as necessary to dispense the drug in the smallest quantity in which it is typically packaged.

AB1038,54,2 c. A pharmacist may not extend a prescription order under subd. 1. for a drug that is a controlled substance.

AB1038,54,5 d. A pharmacist may not extend a prescription order under subd. 1. for a particular patient if a prescription order was previously extended under subd. 1. for that patient during the period described in subd. 3.

AB1038,54,12 e. A pharmacist shall, at the earliest reasonable time after acting under subd. 1., notify the prescribing practitioner or his or her office, but is not required to attempt to procure a new prescription order or refill authorization for the drug by contacting the prescribing practitioner or his or her office prior to acting under subd. 1. After acting under subd. 1., the pharmacist may notify the patient or other individual that any further refills will require the authorization of a prescribing practitioner.

AB1038,54,16 3. This paragraph applies only during the public health emergency declared on March 12, 2020, by executive order 72, and for 30 days after the conclusion of that public health emergency. During that time, this paragraph supersedes par. (bm) to the extent of any conflict.

AB1038,89 Section 89 . 609.205 of the statutes is created to read:

AB1038,54,19 609.205 Public health emergency for COVID-19. (1) In this section, “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1038,54,24 (2) All of the following apply to a defined network plan or preferred provider plan during the state of emergency related to public health declared under s. 323.10 on March 12, 2020, by executive order 72, or during the public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services in response to the COVID-19 pandemic:

AB1038,55,8 (a) The plan may not require an enrollee to pay, including cost sharing, for a service, treatment, or supply provided by a provider that is not a participating provider in the plan's network of providers more than the enrollee would pay if the service, treatment, or supply is provided by a provider that is a participating provider. This subsection applies to any service, treatment, or supply that is related to diagnosis or treatment for COVID-19 and to any service, treatment, or supply that is provided by a provider that is not a participating provider because a participating provider is unavailable due to the public health emergency.

AB1038,55,13 (b) The plan shall reimburse a provider that is not a participating provider for a service, treatment, or supply provided under the circumstances described under par. (a) at 225 percent of the rate the federal Medicare program reimburses the provider for the same or a similar service, treatment, or supply in the same geographic area.

AB1038,55,20 (3) During the state of emergency related to public health declared under s. 323.10 on March 12, 2020, by executive order 72, or during the public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services in response to the COVID-19 pandemic, all of the following apply to any health care provider or health care facility that provides a service, treatment, or supply to an enrollee of a defined network plan or preferred provider plan but is not a participating provider of that plan:

AB1038,55,24 (a) The health care provider or facility shall accept as payment in full any payment by a defined network plan or preferred provider plan that is at least 225 percent of the rate the federal Medicare program reimburses the provider for the same or a similar service, treatment, or supply in the same geographic area.

AB1038,56,3 (b) The health care provider or facility may not charge the enrollee for the service, treatment, or supply an amount that exceeds the amount the provider or facility is reimbursed by the defined network plan or preferred provider plan.

AB1038,56,5 (4) The commissioner may promulgate any rules necessary to implement this section.

AB1038,90 Section 90 . 609.83 of the statutes is amended to read:

AB1038,56,9 609.83 Coverage of drugs and devices. Limited service health organizations, preferred provider plans, and defined network plans are subject to ss. 632.853 and 632.895 (16t) and (16v).

AB1038,91 Section 91 . 609.846 of the statutes is created to read:

AB1038,56,13 609.846 Discrimination based on COVID-19 prohibited. Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.729.

AB1038,92 Section 92 . 609.885 of the statutes is created to read:

AB1038,56,17 609.885 Coverage of COVID-19 testing. Defined network plans, preferred provider plans, and limited service health organizations are subject to s. 632.895 (14g).

AB1038,93 Section 93 . 625.12 (2) of the statutes is amended to read:

AB1038,57,2 625.12 (2) Classification. Risks Except as provided in s. 632.729, risks may be classified in any reasonable way for the establishment of rates and minimum premiums, except that no classifications may be based on race, color, creed or national origin, and classifications in automobile insurance may not be based on physical condition or developmental disability as defined in s. 51.01 (5). Subject to s. ss. 632.365 and 632.729, rates thus produced may be modified for individual risks in accordance with rating plans or schedules that establish reasonable standards for measuring probable variations in hazards, expenses, or both. Rates may also be modified for individual risks under s. 625.13 (2).

AB1038,94 Section 94 . 628.34 (3) (a) of the statutes is amended to read:

AB1038,57,10 628.34 (3) (a) No insurer may unfairly discriminate among policyholders by charging different premiums or by offering different terms of coverage except on the basis of classifications related to the nature and the degree of the risk covered or the expenses involved, subject to ss. 632.365, 632.729, 632.746 and 632.748. Rates are not unfairly discriminatory if they are averaged broadly among persons insured under a group, blanket or franchise policy, and terms are not unfairly discriminatory merely because they are more favorable than in a similar individual policy.

AB1038,95 Section 95 . 632.729 of the statutes is created to read:

AB1038,57,13 632.729 Prohibiting discrimination based on COVID-19. (1) Definitions. In this section:

AB1038,57,14 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1038,57,15 (b) “Health benefit plan” has the meaning given in s. 632.745 (11).

AB1038,57,16 (c) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).

AB1038,57,17 (d) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

AB1038,57,22 (2) Issuance or renewal. (a) An insurer that offers an individual or group health benefit plan, a pharmacy benefit manager, or a self-insured health plan may not establish rules for the eligibility of any individual to enroll, for the continued eligibility of any individual to remain enrolled, or for the renewal of coverage under the plan based on a current or past diagnosis or suspected diagnosis of COVID-19.

AB1038,58,3 (b) An insurer that offers a group health benefit plan, a pharmacy benefit manager, or a self-insured health plan may not establish rules for the eligibility of any employer or other group to enroll, for the continued eligibility of any employer or group to remain enrolled, or for the renewal of an employer's or group's coverage under the plan based on a current or past diagnosis or suspected diagnosis of COVID-19 of any employee or other member of the group.

AB1038,58,7 (3) Cancellation. An insurer that offers an individual or group health benefit plan, a pharmacy benefit manager, or a self-insured health plan may not use as a basis for cancellation of coverage during a contract term a current or past diagnosis of COVID-19 or suspected diagnosis of COVID-19.

AB1038,58,11 (4) Rates. An insurer that offers an individual or group health benefit plan, a pharmacy benefit manager, or a self-insured health plan may not use as a basis for setting rates for coverage a current or past diagnosis of COVID-19 or suspected diagnosis of COVID-19.

AB1038,58,17 (5) Premium grace period. An insurer that offers an individual or group health benefit plan, a pharmacy benefit manager, or a self-insured health plan may not refuse to grant to an individual, employer, or other group a grace period for the payment of a premium based on an individual's, employee's, or group member's current or past diagnosis of COVID-19 or suspected diagnosis of COVID-19 if a grace period for payment of premium would generally be granted under the plan.

AB1038,96 Section 96 . 632.895 (14g) of the statutes is created to read:

AB1038,58,20 632.895 (14g) Coverage of COVID-19 testing. (a) In this subsection, “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1038,58,25 (b) Before March 13, 2021, every disability insurance policy, and every self-insured health plan of the state or of a county, city, town, village, or school district, that generally covers testing for infectious diseases shall provide coverage of testing for COVID-19 without imposing any copayment or coinsurance on the individual covered under the policy or plan.

AB1038,97 Section 97. 632.895 (16v) of the statutes is created to read:

AB1038,59,8 632.895 (16v) Prohibiting coverage limitations on prescription drugs. (a) During the period covered by the state of emergency related to public health declared by the governor on March 12, 2020, by executive order 72, an insurer offering a disability insurance policy that covers prescription drugs, a self-insured health plan of the state or of a county, city, town, village, or school district that covers prescription drugs, or a pharmacy benefit manager acting on behalf of a policy or plan may not do any of the following in order to maintain coverage of a prescription drug:

AB1038,59,10 1. Require prior authorization for early refills of a prescription drug or otherwise restrict the period of time in which a prescription drug may be refilled.

AB1038,59,12 2. Impose a limit on the quantity of prescription drugs that may be obtained if the quantity is no more than a 90-day supply.

AB1038,59,14 (b) This subsection does not apply to a prescription drug that is a controlled substance, as defined in s. 961.01 (4).

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.