AB1038-SSA1,46 3Section 46 . 40.26 (5m) of the statutes is created to read:
AB1038-SSA1,22,94 40.26 (5m) When the governor declares a state of emergency related to a public
5health emergency under s. 323.10, sub. (5) does not apply during the state of
6emergency if at least 15 days have elapsed between the termination of employment
7with a participating employer and becoming a participating employee if the position
8for which the participant is hired is a critical position, as determined by the secretary
9of health services under s. 323.19 (3).
AB1038-SSA1,47 10Section 47 . 40.26 (6) of the statutes is created to read:
AB1038-SSA1,22,1511 40.26 (6) When the governor declares a state of emergency under s. 323.10, a
12participant who is hired during the emergency may elect to not suspend his or her
13retirement annuity or disability annuity under sub. (1m) for the duration of the state
14of emergency related to a public health emergency if all of the following conditions
15are met:
AB1038-SSA1,22,1916 (a) At the time the participant terminates his or her employment with a
17participating employer, the participant does not have an agreement with any
18participating employer to return to employment or enter into a contract to provide
19employee services for the employer.
AB1038-SSA1,22,2120 (b) The position for which the participant has been hired is a critical position,
21as determined under s. 323.19 (3).
AB1038-SSA1,48 22Section 48. 40.51 (8) of the statutes is amended to read:
AB1038-SSA1,23,223 40.51 (8) Every health care coverage plan offered by the state under sub. (6)
24shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.729, 632.746
25(1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853,

1632.855, 632.867, 632.87 (3) to (6), 632.871, 632.885, 632.89, 632.895 (5m) and (8) to
2(17), and 632.896.
AB1038-SSA1,49 3Section 49. 40.51 (8m) of the statutes is amended to read:
AB1038-SSA1,23,74 40.51 (8m) Every health care coverage plan offered by the group insurance
5board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10),
6632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867,
7632.871, 632.885, 632.89, and 632.895 (11) to (17).
AB1038-SSA1,50 8Section 50. 46.968 of the statutes is created to read:
AB1038-SSA1,23,10 946.968 Reimbursements for COVID-19 services. (1) Definitions. In this
10section:
AB1038-SSA1,23,1111 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038-SSA1,23,1212 (b) “Health care provider” has the meaning given in s. 146.81 (1).
AB1038-SSA1,23,22 13(2) Reimbursements. The department shall establish and implement a
14program, including the process and criteria, to reimburse a health care provider for
15testing or treating any individual for COVID-19 during an outbreak of COVID-19
16or for vaccinating, if a vaccine is available, an individual against COVID-19 when
17the health care provider has incurred the cost because the individual does not have
18insurance or health coverage or the testing, treatment, or vaccination is not paid for
19by a publicly administered health program such as Medicare or the Medical
20Assistance program or another party. The department may not pay a reimbursement
21to a health care provider under the program established under this subsection unless
22all of the following have been satisfied:
AB1038-SSA1,23,2523 (a) A determination has been made whether the individual for whom the health
24care provider seeks reimbursement for testing, treatment, or vaccination is eligible
25for the Medical Assistance program under subch. IV of ch. 49.
AB1038-SSA1,24,4
1(b) All other sources of reimbursement for the testing, treatment, or
2vaccination, including any reimbursement of the health care provider from a public
3health and social services emergency fund administered by the federal government,
4have been exhausted.
AB1038-SSA1,51 5Section 51 . 48.026 of the statutes is created to read:
AB1038-SSA1,24,8 648.026 Public health emergency. During a public health emergency
7declared by the governor under s. 323.10, including any extension, all of the following
8apply:
AB1038-SSA1,24,11 9(1) Notwithstanding ss. 48.217 (2), 48.357 (2) (c), and 48.437 (2), in emergency
10situations, a child may be placed in a licensed public or private shelter care facility
11as a transitional placement for not more than 40 days.
AB1038-SSA1,24,13 12(2) The department may waive the preadoption training requirement under s.
1348.84 (2g) (a).
AB1038-SSA1,24,16 14(3) Notwithstanding s. 48.62 (1) or rules promulgated by the department under
15that section, a licensed foster care may receive more than 4 children if the
16department determines it is necessary.
AB1038-SSA1,24,19 17(4) Notwithstanding ss. 48.02 (7), 48.625 (1), and 938.02 (7), the maximum
18number of children that a person with a license to operate a group home may receive
19is 10 if the department determines it is necessary.
AB1038-SSA1,24,23 20(5) Notwithstanding s. 48.66 (5), the department may waive the requirement
21under that section to submit an application for continuance of a license 30 days before
22its expiration date and to submit payment of the applicable fees referred to in ss.
2348.68 (1), 48.685 (8), and 48.686 (2) (ag).
AB1038-SSA1,25,3
1(6) Notwithstanding s. 48.75 (1d), a foster home license issued under that
2subsection that expires during a public health emergency may be extended beyond
32 years from the date of issuance.
AB1038-SSA1,25,5 4(7) Notwithstanding s. 48.75 (1g) (a), a public licensing agency may license a
5foster home in another county.
AB1038-SSA1,25,9 6(8) Notwithstanding ss. 48.06 (2) (a) and 48.981 (3) (cr), upon request and on
7behalf of the county department in a county with a population of less than 750,000,
8the department may provide intake services required by s. 48.067 and any duty of
9the county under s. 48.981.
AB1038-SSA1,52 10Section 52 . 49.175 (1) (x) of the statutes is created to read:
AB1038-SSA1,25,1311 49.175 (1) (x) Public health emergency programs. For the public health
12emergency programs under s. 49.259 (2) (a) and (3), $100,000,000 in the 2019-21
13fiscal biennium.