AB1: Bill Text

AB1,48,14 (a) In this subsection, “public health emergency period” means the period ending on June 30, 2021, or the termination of any public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services in response to the 2019 novel coronavirus, whichever is earlier.

AB1,48,19 (b) During the public health emergency period, subject to par. (c), the department of health services shall provide, under the Medical Assistance program, reimbursement at the statewide average per-diem rate paid to nursing facilities or a supplemental payment to hospitals for providing nursing-facility-level care when all of the following criteria apply:

AB1,48,25 1. The individual for whom the hospital provided nursing-facility-level care is enrolled in the Medical Assistance program, has been admitted on an inpatient basis to the hospital, is eligible for discharge after receiving care in the hospital, requires nursing-facility-level care upon discharge, and due to the hospital being unable to locate a nursing facility that accepts the individual for admission, is unable to be transferred to a nursing facility.

AB1,49,2 2. The services provided to the individual described under subd. 1 . are custodial care for which federal financial participation is approved.

AB1,49,4 3. The hospital notifies the department of health services that it is participating as a swing bed hospital under the Medical Assistance program.

AB1,49,12 (c) The department of health services shall use the same standards and criteria for determining whether a hospital is eligible for reimbursement or a supplemental payment under par. (a) as are used by the federal Medicare program under 42 USC 1395 et seq. for the payment for use of swing beds or, for any hospital that is not a critical access hospital, under the terms of a federal waiver approved under section 1135 of the federal social security act. The department shall seek any approval from the federal government necessary to implement the reimbursement under this subsection.

AB1,49,13 (3) Reimbursement for outpatient services provided by hospitals.

AB1,49,19 (a) Until the conclusion of a public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services in response to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier, the department of health services shall provide reimbursement under the Medical Assistance program to a hospital for any outpatient service if all of the following criteria are satisfied:

AB1,49,23 1. The facility at which the outpatient service is performed is operated by the hospital and certified under the Medicare program under 42 USC 1395 et seq., including under the terms of a federal waiver approved under section 1135 of the federal social security act, for outpatient services.

AB1,50,3 2. The outpatient service is reimbursable when provided in the hospital's inpatient facility but is not provided at the inpatient facility due to reasons associated with the 2019 novel coronavirus pandemic.

AB1,50,5 3. The outpatient service is one for which federal financial participation is approved.

AB1,50,7 (b) The department of health services may not include in a reimbursement under par. (a) payments under s. 49.45 (3) (e) 11. or 12. or (59).

AB1,50,10 (c) The department of health services shall seek any approval from the federal department of health and human services that is necessary to provide the reimbursement in accordance with this subsection.

AB1,50,16 (4) Coverage of vaccinations under SeniorCare. By January 15, 2021, the department of health services shall cover and provide reimbursement for vaccinations under the program under s. 49.688 in accordance with 2019 Wisconsin Act 185, sections 15 to 17, regardless of whether a waiver related to coverage or reimbursement of vaccinations is granted by the federal department of health and human services.

AB1,50,19 (5) Dentist enrollment in covid-19 vaccine program. The department of health services shall allow dentists eligible to administer vaccines under s. 447.059 (1) to participate in the COVID-19 vaccine program, including as a volunteer.

AB1,50,21 (6) Practice of emergency medical services personnel and providers with credentials from outside this state.

AB1,50,22 (a) Definitions. In this subsection:

AB1,50,23 1. “Ambulance service provider” has the meaning given in s. 256.01 (3).

AB1,50,25 2. “Credential” means a license, permit, certification, or registration that authorizes or qualifies any of the following:

AB1,51,4 a. An individual to perform acts that are substantially the same as those acts that an individual who holds a certification as an emergency medical responder or license as an emergency medical services practitioner in this state is authorized to perform.

AB1,51,6 b. A provider to perform acts that are substantially the same as those acts that an ambulance service provider that is licensed in this state is authorized to perform.

AB1,51,7 3. “Emergency medical responder” has the meaning given in s. 256.01 (4p).

AB1,51,9 4. “Emergency medical services practitioner” has the meaning given in s. 256.01 (5).

AB1,51,16 (b) Practice authorized. Unless the person qualifies for an exemption under s. 256.15 (2) (b) or (c) or is acting under s. 257.03, any individual with a current, valid credential issued by another state may practice under that credential and within the scope of that credential in this state without first obtaining a temporary or permanent license as an emergency medical services practitioner or certification as an emergency medical responder from the department of health services if all of the following are satisfied:

AB1,51,18 1. The practice is necessary to ensure the continued and safe delivery of emergency medical or health care services.

AB1,51,21 2. The individual is not currently under investigation and does not currently have any restrictions or limitations placed on the credential by the state that issued the credential or any other jurisdiction.

AB1,51,23 3. The need for emergency medical services reasonably prevented obtaining a license or certification in this state in advance of practice.

AB1,52,2 4. The individual practicing under this subsection applies for a license, including under s. 256.15 (7), as an emergency medical services practitioner or certification, including under s. 256.15 (8) (f), as an emergency medical responder within 10 days of first practicing in this state.

AB1,52,5 5. A provider of ambulance services or a health care facility for which the individual is providing services in this state notifies the department of health services within 5 days of the individual first practicing in this state.

AB1,52,11 (c) Practice authorized. Unless the provider qualifies for an exemption under s. 256.15 (2) (b) or (c) or is acting under s. 257.03, any provider of ambulance services with a current, valid credential issued by another state may practice under that credential and within the scope of that credential in this state without first obtaining a temporary or permanent license as an ambulance service provider from the department of health services if all of the following are satisfied:

AB1,52,13 1. The provision of services is necessary to ensure the continued and safe delivery of emergency medical or health care services.

AB1,52,16 2. The provider is not currently under investigation and does not currently have any restrictions or limitations placed on the credential by the state that issued the credential or any other jurisdiction.

AB1,52,18 3. The need for emergency medical services reasonably prevented obtaining a license in this state in advance of providing services.

AB1,52,20 4. The provider practicing under this subsection applies for a license as an ambulance service provider within 10 days of first providing services in this state.

AB1,52,23 5. An ambulance service provider or a health care facility for which the provider is providing services in this state notifies the department of health services within 5 days of the provider first providing services in this state.

AB1,53,3 (d) Withdrawal of authority. The department of health services may withdraw the ability for an individual to practice under par. (b ) or for a provider to provide services under par. (c) for good cause.

AB1,53,5 (e) Authority termination date. The authorization to practice under par. (b ) or provide services under par. (c) does not apply after June 30, 2021.

AB1,9128 Section 9128. Nonstatutory provisions; Legislature.

AB1,53,7 (1) Legislative oversight of federal funds related to COVID-19.

AB1,53,8 (a) Definitions. In this section:

AB1,53,9 1. “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1,53,13 2. “Federal funds related to COVID-19" means federal moneys received by the state beginning on the effective date of this subdivision and ending on June 30, 2021, pursuant to federal legislation enacted during the 116th or 117th Congress for the purpose of COVID-19 related activities.

AB1,53,24 (b) Expenditure of federal funds related to COVID-19. Notwithstanding s. 16.54, as soon as practical after the receipt of any federal funds related to COVID-19, the governor shall submit to the joint committee on finance a plan for the expenditure of the federal funds related to COVID-19. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date the governor submits the plan, the governor may implement the plan. If, within 14 working days after the date the governor submits the plan, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the governor may implement the plan only as approved by the committee.

AB1,9134 Section 9134. Nonstatutory provisions; Public Instruction.

AB1,54,2 (1) Full-time open enrollment applications; unlimited applications in the 2020-21 and 2021-22 school years.

AB1,54,3 (a) In this subsection:

AB1,54,4 1. “Nonresident school board" has the meaning given in s. 118.51 (1) (b).

AB1,54,5 2. “Nonresident school district" has the meaning given in s. 118.51 (1) (c).

AB1,54,6 3. “Parent” has the meaning given in s. 118.51 (1) (d).

AB1,54,7 (b)

AB1,54,11 1. Notwithstanding s. 118.51 (3) (a) 1., there is no limitation on the number of nonresident school boards to which the parent of a pupil may submit an application under s. 118.51 (3) (a) during the 2020-21 school year for the pupil to attend a public school in a nonresident school district under s. 118.51 in the 2021-22 school year.

AB1,54,16 2. Notwithstanding s. 118.51 (3m) (a), there is no limitation on the number of nonresident school boards to which the parent of a pupil may submit an application under s. 118.51 (3m) (a) during the 2020-21 or 2021-22 school year for the pupil to attend a public school in a nonresident school district under s. 118.51 in the 2020-21 or 2021-22 school year.

AB1,54,21 (c) During the 2020-21 and 2021-22 school years, if a pupil submits an application to a nonresident school board under s. 118.51 (3m) (a) on the basis of the criteria under s. 118.51 (3m) (b) 8., the pupil's resident school board, as defined in s. 118.51 (1) (e), may not reject the application for any reason, including under s. 118.51 (3m) (d).

AB1,55,3 (2) Virtual instruction in lieu of in-person instruction; school board requirements. Beginning on January 11, 2021, and ending June 30, 2022, a school board may not provide virtual instruction to pupils in lieu of in-person instruction unless approved by a two-thirds vote of the members of the school board. An approval under this subsection is valid for 14 days. A school board may extend virtual instruction only by two-thirds vote of the members of the school board and each extension may not be for more than 14 days.

AB1,55,5 (3) School district semester reports related to providing virtual instruction.

AB1,55,6 (a) Definitions. In this subsection:

AB1,55,7 1. “Department” means the department of public instruction.

AB1,55,12 2. “End of semester” means the last day on which instruction is provided to pupils in a semester, as indicated on a school district's calendar. If a school district provides instruction to pupils on a basis other than semesters, the “end of the semester” means the last day of the first half of the school term, as defined in s. 115.001 (12), and the last day of the school term.

AB1,55,15 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.

AB1,55,18 (b) School board reports. By no later than 30 days after the end of each semester in the 2020-21 and 2021-22 school years, each school board shall report to the department all of the following:

AB1,55,22 1. Whether or not virtual instruction was implemented in the school district during the semester and, if implemented, in which grades it was implemented. If virtual instruction was implemented in the school district during the semester, the process for implementing the virtual instruction.

AB1,56,2 2. Whether or not in-person instruction was provided in the school district during the semester and, if provided, in which grades was it provided. If in-person instruction was provided during the semester, for each grade in which in-person instruction was provided, the number of school days in-person instruction was provided to pupils during the semester.

AB1,56,4 3. Any challenges or barriers the school board faced related to implementing virtual instruction during the semester.

AB1,56,7 4. The total amount by which the school board reduced or increased expenditures in each of the following categories because the school board provided virtual instruction during the semester:

AB1,56,8 a. Utilities.

AB1,56,9 b. Transportation.

AB1,56,10 c. Food service.

AB1,56,13 d. Salary and fringe benefits for personnel, including teachers, support staff, and administrators. This category includes expenditure reductions that result from layoffs.

AB1,56,14 e. Contract terminations.

AB1,56,17 (c) 2021-22 school year; exception. In the 2021-22 school year, a school board is not required to submit a report under par. (b ) for a semester in which the school board does not provide virtual instruction to pupils in lieu of in-person instruction.

AB1,56,18 (d) Reports to the legislature.

AB1,56,25 1. By April 1, 2021, the department shall compile and submit the information it received under par. (b) for the first semester of the 2020-21 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). By September 1, 2021, the department shall compile and submit the information it received under par. (b ) for the 2nd semester of the 2020-21 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

AB1,57,7 2. By April 1, 2022, the department shall compile and submit the information it received under par. (b) for the first semester of the 2021-22 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3). By September 1, 2022, the department shall compile and submit the information it received under par. (b ) for the 2nd semester of the 2021-22 school year to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

AB1,57,12 (4) Interscholastic athletic association membership; 2021-22 school year. In the 2021-22 school year, no school district may be a member of an interscholastic athletic association unless, for purposes of determining pupil eligibility during the 2020-21 and 2021-22 school years, the interscholastic athletic association does all of the following:

AB1,57,19 (a) If a request to waive the association's transfer rules is submitted on behalf of a pupil, considers the method by which educational programming was delivered during the 2020-21 and 2021-22 school years to be an extenuating circumstance that justifies the pupil transferring schools. For purposes of this paragraph, the method by which educational programming was delivered includes virtual instruction, in-person instruction, or a combination of virtual and in-person instruction.

AB1,57,22 (b) If a waiver is granted based on the extenuating circumstance described in par. (a), allows the pupil to participate in all levels of competition, including varsity competition, during the 2020-21 and 2021-22 school years.

AB1,9137 Section 9137. Nonstatutory provisions; Revenue.

AB1,58,15 (1) Interest and penalties on late property tax payments. Notwithstanding ss. 74.11, 74.12, and 74.87, for property taxes payable in 2021, after making a general or case-by-case finding of hardship, a taxation district may provide that an installment payment that is due and payable after April 1, 2021, and is received after its due date shall not accrue interest or penalties if the total amount due and payable in 2021 is paid on or before October 1, 2021. Interest and penalties shall accrue from October 1, 2021, for any property taxes payable in 2021 that are delinquent after October 1, 2021. A taxation district may not waive interest and penalties as provided in this subsection unless the county board of the county where the taxation district is located first adopts a resolution authorizing such waiver and establishing criteria for determining hardship, and the taxation district subsequently adopts a similar resolution. A county that has adopted a resolution authorizing the waiver of interest and penalties under this subsection shall settle any taxes, interest, and penalties collected on or before July 31, 2021, on August 20, 2021, as provided under s. 74.29 (1), and settle the remaining unpaid taxes, interest, and penalties on September 20, 2021. The August 20, 2021, settlement shall be distributed proportionally to the underlying taxing jurisdictions.

AB1,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB1,59,2 (1) Emergency rules. The pharmacy examining board may promulgate emergency rules under s. 227.24 implementing s. 450.075. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until June 30, 2023, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB1,59,3 (2) Interim licensure.

AB1,59,4 (a) In this subsection, the definitions under s. 450.01 apply.

AB1,59,15 (b) The board shall grant an interim license to an applicant to act as a 3rd-party logistics provider or an out-of-state 3rd-party logistics provider if, in the opinion of the board, the applicant is currently in compliance with federal law relating to 3rd-party logistics providers. The holder of an interim license under this subsection shall apply for a license under s. 450.075 on or after the date that emergency rules take effect under sub. (1), or the date on which permanent rules take effect, whichever is sooner. An interim license granted under this subsection expires 90 days after the date that emergency rules take effect under sub. (1), or 90 days after the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 440.05, no fee is required for an interim license issued under this subsection.

AB1,9150 Section 9150. Nonstatutory provisions; Workforce Development.

AB1,59,17 (1) Unemployment insurance; plan to address claims backlog.

AB1,59,18 (a) Definitions. In this subsection, the definitions in s. 108.02 apply.

AB1,59,25 (b) Plan to address backlog of unemployment insurance claims. Not later than 30 days after the effective date of this paragraph, the department shall develop a plan to reduce the number of weekly claims for benefits in process to levels comparable to those in January and February 2020. The plan shall include measures to ensure maintenance of program integrity and fraud detection. The department shall submit the plan to the appropriate standing committees of the legislature under s. 13.172 (3) and shall publish the plan on its Internet site.

AB1,60,6 (c) Call center. The department shall maintain a call center to provide services and support to claimants for benefits under ch. 108 or federal pandemic unemployment assistance benefits via telephone. The department shall operate the call center for 12 hours per day, 7 days per week, until the number of weekly claims in process is comparable to those in January and February 2020, as determined by the department.

AB1,60,9 (d) Report. No later than 30 days after the effective date of this paragraph, the department shall submit a report to the joint committee on finance on the status of the activities described in pars. (b ) and (c).