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.