SB932,54,12 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.

SB932,54,16 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.

SB932,89 Section 89 . 609.205 of the statutes is created to read:

SB932,54,19 609.205 Public health emergency for COVID-19. (1) In this section, “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

SB932,54,24 (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:

SB932,55,8 (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.

SB932,55,13 (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.

SB932,55,20 (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:

SB932,55,24 (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.

SB932,56,3 (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.

SB932,56,5 (4) The commissioner may promulgate any rules necessary to implement this section.

SB932,90 Section 90 . 609.83 of the statutes is amended to read:

SB932,56,9 609.83 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).

SB932,91 Section 91 . 609.846 of the statutes is created to read:

SB932,56,13 609.846 Discrimination based on COVID-19 prohibited. Limited service health organizations, preferred provider plans, and defined network plans are subject to s. 632.729.

SB932,92 Section 92 . 609.885 of the statutes is created to read:

SB932,56,17 609.885 Coverage of COVID-19 testing. Defined network plans, preferred provider plans, and limited service health organizations are subject to s. 632.895 (14g).

SB932,93 Section 93 . 625.12 (2) of the statutes is amended to read:

SB932,57,2 625.12 (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).

SB932,94 Section 94 . 628.34 (3) (a) of the statutes is amended to read:

SB932,57,10 628.34 (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.

SB932,95 Section 95 . 632.729 of the statutes is created to read:

SB932,57,13 632.729 Prohibiting discrimination based on COVID-19. (1) Definitions. In this section:

SB932,57,14 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

SB932,57,15 (b) “Health benefit plan” has the meaning given in s. 632.745 (11).

SB932,57,16 (c) “Pharmacy benefit manager” has the meaning given in s. 632.865 (1) (c).

SB932,57,17 (d) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).

SB932,57,22 (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.

SB932,58,3 (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.