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.

AB1038,60,11 (b) The actions or omissions occur during the person's good faith response to the emergency described under par. (a) or are substantially consistent with any of the following:

AB1038,60,14 1. Any direction, guidance, recommendation, or other statement made by a federal, state, or local official to address or in response to the emergency or disaster declared as described under par. (a).

AB1038,60,17 2. Any guidance published by the department of health services, the federal department of health and human services, or any divisions or agencies of the federal department of health and human services relied upon in good faith.

AB1038,60,19 (c) The actions or omissions do not involve reckless or wanton conduct or intentional misconduct.

AB1038,60,21 (3) Applicability. This section does not apply if s. 257.03, 257.04, 323.41, or 323.44 applies.

AB1038,99 Section 99 . 895.51 (title) of the statutes is amended to read:

AB1038,60,24 895.51 (title) Civil liability exemption: food or emergency household products; emergency medical supplies; donation, sale, or distribution.

AB1038,100 Section 100 . 895.51 (1) (bd) of the statutes is created to read:

AB1038,61,2 895.51 (1) (bd) “Cost of production” means the cost of inputs, wages, operating the manufacturing facility, and transporting the product.

AB1038,101 Section 101 . 895.51 (1) (bg) of the statutes is created to read:

AB1038,61,9 895.51 (1) (bg) “Emergency medical supplies" means any medical equipment or supplies necessary to limit the spread of, or provide treatment for, a disease associated with the public health emergency related to the 2019 novel coronavirus pandemic, including life support devices, personal protective equipment, cleaning supplies, and any other items determined to be necessary by the secretary of health services.

AB1038,102 Section 102 . 895.51 (1) (dp) of the statutes is created to read:

AB1038,61,16 895.51 (1) (dp) “Public health emergency related to the 2019 novel coronavirus pandemic” means the period covered by the public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services on January 31, 2020, in response to the 2019 novel coronavirus or the national emergency declared by the U.S. president under 50 USC 1621 on March 13, 2020, in response to the 2019 novel coronavirus.