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40.26
(6) (intro.) A participant who is hired during
the public health a national 14emergency declared
on March 12, 2020, by
executive order 72 the U.S. president
15under 50 USC 1621 in response to the 2019 novel coronavirus and ending when the
16national emergency is no longer in effect or 60 days after the effective date of this
17subsection .... [LRB enters date], whichever is earlier, may elect to not suspend his
18or her retirement annuity or disability annuity under sub. (1m) for the duration of
19the state of emergency that period if all of the following conditions are met:
AB1,4
20Section 4
. 49.45 (3) (e) 9m. of the statutes is created to read:
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49.45
(3) (e) 9m. a. In this subdivision, “hospital-associated service” has the
22meaning given in s. 50.33 (2d).
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b. Any hospital-associated service that is provided by a hospital in accordance
24with s. 50.36 (5m) that is of the type for which payment could be claimed as an
25inpatient hospital service under the federal Medicare program,
42 USC 1395 et seq.,
1shall be included as part of and reimbursed or paid as an inpatient service under this
2section.
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3Section 5
. 49.45 (4r) of the statutes is created to read:
AB1,19,74
49.45
(4r) Utilization data. (a) In this subsection, “health care data
5aggregator” means a data organization or entity that collects, analyzes, and
6disseminates health care information under subch. I of ch. 153 and that requests the
7department to provide data under this subsection.
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(b) Semiannually, the department shall provide to any health care data
9aggregator all Medical Assistance program fee-for-service and managed care
10encounter claims data and data specifications maintained by the department.
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(c) Within 5 business days or a longer period specified by the department, of the
12receipt of data under par. (b), a health care data aggregator shall create a data set
13from the data received that is de-identified health information, as described in
42
14CFR 164.514 (a), and that meets the requirements for de-identification described in
1542 CFR 164.514 (b) and then shall destroy the original data provided by the
16department under par. (b). The health care data aggregator shall make the
17de-identified data set available to the public and may disseminate custom data sets
18and reports if the data sets and reports contain only de-identified health
19information.
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(d) Data provided by the department to a health care data aggregator under
21par. (b) is not subject to inspection or copying under s. 19.35. A health care data
22aggregator shall comply with the requirements under s. 153.50 (3) to ensure
23protection of patient identity with regard to data received and made available or
24disseminated under this subsection.
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25Section
6. 49.45 (39n) of the statutes is created to read:
AB1,20,10
149.45
(39n) Pharmacist reimbursement for vaccines and COVID-19 tests. The
2department shall ensure that any vaccine against SARS-CoV-2 coronavirus and
3any test for COVID-19, which is the infection caused by the SARS-CoV-2
4coronavirus, that are covered under this subchapter and for which reimbursement
5for administration is made to any provider, are covered and reimbursed when the
6vaccine or test is administered by a pharmacist acting under his or her scope of
7practice, including under s. 450.035. As necessary to comply with this subsection,
8the department shall certify pharmacists as providers of Medical Assistance services
9for the purposes of covering and reimbursing pharmacists for administering vaccines
10and tests described in this subsection.
AB1,7
11Section 7
. 50.083 of the statutes is created to read:
AB1,20,16
1250.083 Visitation by essential visitor. (1) In this section, “essential visitor”
13means an individual designated by a nursing home resident or assisted living facility
14resident to visit and provide support to the resident in the nursing home or assisted
15living facility or the resident's health care agent under a power of attorney for health
16care.
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17(2) Each nursing home and assisted living facility shall allow an essential
18visitor, who agrees to comply with any public health policies of the nursing home or
19assisted living facility, to enter the nursing home or assisted living facility to visit the
20resident in compassionate care situations, including any of the following:
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(a) The resident has recently been admitted to the nursing home or assisted
22living facility and is experiencing difficulty in adjusting to the change in
23environment and lack of family presence.
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(b) The resident is grieving the recent death of a friend or family member.
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1(c) The resident is experiencing weight loss or dehydration due to lack of
2support from family or caregivers when eating or drinking.
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(d) The resident is experiencing emotional distress or a decline in ability or
4willingness to communicate.
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5(3) If the federal centers for medicare and medicaid services issues guidance
6that is more restrictive in allowing visitation than sub. (2), a nursing home or
7assisted living facility may comply with that guidance instead of complying with sub.
8(2).
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9(4) This section applies at any time the nursing home or assisted living facility
10limits visitors to the nursing home or assisted living facility due to an outbreak or
11epidemic of communicable disease in the community in which the nursing home or
12assisted living facility is located.
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13Section 8
. 50.33 (2d) of the statutes is created to read:
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50.33
(2d) “Hospital-associated service” means a health care service that
15meets all of the following conditions:
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(a) The service is of the same type as those furnished by a hospital in an
17inpatient or outpatient facility.
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(b) The service is of a type for which a payment could be claimed as a hospital
19service under the federal Medicare program,
42 USC 1395 et seq.
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(c) The service is provided at a location other than in a facility approved by the
21department under s. 50.35.
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(d) The service is provided in a home setting.
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23Section 9
. 50.36 (5m) of the statutes is created to read:
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50.36
(5m) If the federal centers for medicare and medicaid services has
25approved a hospital to provide any hospital-associated service, the department may
1apply to and enforce upon the hospital as the state standard for the
2hospital-associated service any rule or standard that is required by the centers for
3medicare and medicaid services for the service.
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4Section 10
. 50.49 (6m) (d) of the statutes is created to read: