The bill specifies that, until the conclusion of a national emergency declared by
the U.S. president in response to the 2019 novel coronavirus or until June 30, 2021,
whichever is earlier, a physician or nurse anesthetist for whom Wisconsin is not a
principal place of practice but who is temporarily authorized to practice in Wisconsin
may fulfill financial responsibility requirements by filing with the commissioner of
insurance a certificate of insurance for a policy of health care liability insurance
issued by an insurer authorized in a certain jurisdiction specified in the bill.
Additionally, under those same circumstances, the physician or nurse anesthetist
may elect to be covered by Wisconsin's health care liability laws. These liability
insurance provisions were enacted in
2019 Wisconsin Act 185 but expired with the
expiration of the state of emergency related to public health declared on March 12,
2020, by the governor.
Out-of-network costs related to health coverage
The bill prohibits, until the conclusion of a national emergency declared by the
U.S. president in response to the 2019 novel coronavirus or until June 30, 2021,
whichever is earlier, a defined network plan, including a health maintenance
organization, or preferred provider plan from requiring an enrollee of the plan to pay
more for a service, treatment, or supply provided by an out-of-network provider
than if the service, treatment, or supply is provided by an in-network provider. This
prohibition applies to any service, treatment, or supply that is related to the
diagnosis of or treatment for COVID-19 and that is provided by an out-of-network
provider because a participating provider is unavailable due to the emergency. For
a service, treatment, or supply provided under those circumstances, the bill requires
the plan to reimburse the out-of-network provider at 225 percent of the federal
Medicare program rate. Also, under those circumstances, any health care provider
or facility that provides a service, treatment, or supply to an enrollee of a plan but
is not a participating provider of that plan shall accept as payment in full any
payment by a plan that is at least 225 percent of the federal Medicare program rate
and may not charge the enrollee an amount that exceeds the amount that the
provider or facility is reimbursed by the plan. Similar prohibitions and requirements
to these were created in
2019 Wisconsin Act 185, but those prohibitions and
requirements applied only during the state of emergency related to public health
declared on March 12, 2020, by the governor and for 60 days following the
termination of that state of emergency.
Coverage of COVID-19 testing and vaccination without cost sharing
Current law, as created in
2019 Wisconsin Act 185, requires health insurance
policies and self-insured governmental health plans to cover, until March 13, 2021,
testing for COVID-19 without imposing any copayment or coinsurance. A health
insurance policy is referred to in the bill as a disability insurance policy. The bill
extends the Act 185 coverage requirement for testing and adds a requirement to
cover vaccines against SARS-CoV-2, which causes COVID-19, until the conclusion
of a national emergency declared by the U.S. president in response to the 2019 novel
coronavirus or until June 30, 2021, whichever is earlier.
Coverage limits on certain prescription drugs
The bill prohibits insurers that offer health insurance, self-insured
governmental health plans, and pharmacy benefit managers from requiring, until
the conclusion of a national emergency declared by the U.S. president in response to
the 2019 novel coronavirus or until June 30, 2021, whichever is earlier, prior
authorization for early refills of a prescription drug or otherwise restricting the
period in which a prescription drug may be refilled and from imposing a limit on the
quantity of prescription drugs that may be obtained if the quantity is no more than
a 90-day supply. These prohibitions do not apply if the prescription drug is a
controlled substance. The bill reinstates the prohibitions that were enacted in
2019
Wisconsin Act 185 but that expired with the termination of the state of emergency
related to public health declared on March 12, 2020, by the governor.
legislature
Transfer of moneys from sum sufficient appropriations
JCF may currently transfer moneys between sum certain and continuing
appropriations if JCF finds that unnecessary duplication of functions can be
eliminated, more efficient and effective methods for performing programs will result,
or legislative intent will be more effectively carried out because of the transfer.
The bill authorizes JCF to transfer moneys from sum sufficient appropriations
until the conclusion of a national emergency declared by the U.S. president in
response to the 2019 novel coronavirus or until June 30, 2021, whichever is earlier.
The total amount that may be transferred from all sum sufficient appropriations may
not exceed $100,000,000.
Public utilities
Loans to assist municipal utilities in maintaining liquidity
Under current law, the Board of Commissioners of Public Lands manages the
common school fund, the normal school fund, the university fund, and the
agricultural college fund (trust funds). Current law authorizes BCPL to manage and
invest moneys belonging to the trust funds in good faith and with the care an
ordinary prudent person in a like position would exercise under similar
circumstances.
This bill authorizes BCPL to loan moneys belonging to the trust funds to cities,
villages, and towns to ensure that a municipal utility under the control of the city,
village, or town is able to maintain liquidity. A municipal utility is a public utility
that is a city, village, or town, or that is wholly owned or operated by a city, village,
or town. Each trust fund loan BCPL awards to a city, village, or town under the bill
is secured in the same manner as other trust fund loans BCPL awards to cities,
villages, and towns under current law. BCPL may not award a loan under the bill
after April 15, 2021.
retirement and group insurance
WRS annuities for certain annuitants returning to work during national
emergency
The bill allows an annuitant who is hired during the period of a national
emergency declared by the U.S. president in response to the 2019 novel coronavirus
and ending when the national emergency is no longer in effect or 60 days after the
effective date of the bill, whichever is earlier, by a public employer as an employee
or to provide employee services to elect to not suspend his or her annuity for the
duration of the declared national emergency or until 60 days after the effective date
of the bill, whichever is earlier, if the position for which the annuitant is hired is a
critical position. Under current law, if a Wisconsin Retirement System annuitant,
or a disability annuitant who has attained his or her normal retirement date, is
appointed to a position with a WRS-participating employer, or provides employee
services to a WRS-participating employer in which he or she is expected to work at
least two-thirds of what is considered full-time employment by the Department of
Employee Trust Funds, the annuity must be suspended and no annuity payment is
payable until after the participant again terminates covered employment.
Also under current law, a WRS participant who has applied to receive a
retirement annuity must wait at least 75 days between terminating covered
employment with a WRS employer and returning to covered employment again as
a participating employee. The bill reduces that period to 15 days for individuals who
are hired to a critical position during the period of a national emergency declared by
the U.S. president in response to the 2019 novel coronavirus and ending when the
national emergency is no longer in effect or 60 days after the effective date of the bill,
whichever is earlier.
safety and professional services
Occupancy permit when dwelling occupied before inspection
The bill specifies that a dwelling that is occupied before undergoing all
inspections for compliance with the uniform dwelling code may be granted an
occupancy permit if the dwelling later passes a uniform dwelling code final
inspection. Also, if an occupancy permit for a dwelling is granted after it is occupied,
any missed inspection of the dwelling may not be listed as a finding on the occupancy
permit.
Current rules promulgated by the Department of Safety and Professional
Services generally allow a dwelling to be occupied without a uniform dwelling code
final inspection if the inspection is not completed by DSPS or a municipality within
five business days of an applicant's notification.
Practice by health care providers from other states
The bill authorizes, in certain situations, health care providers licensed in
another state or territory to provide services for which they are licensed or certified.
Under the bill, a person who satisfies certain requirements and holds a valid,
unexpired credential in another state or territory as any of the following may provide
services in this state: 1) a physician, physician assistant, or perfusionist; 2) a nurse;
3) a dentist; 4) a pharmacist; 5) a psychologist; 6) a social worker, marriage and
family therapist, professional counselor, or clinical substance abuse counselor; 7) a
chiropractor; 8) a physical therapist; 9) a podiatrist; 10) a dietitian; 11) an athletic
trainer; 12) an occupational therapist; 13) an optometrist; 14) an acupuncturist; 15)
a speech-language pathologist or audiologist; or 16) a massage or bodywork
therapist. Generally, these practitioners may practice in this state and DSPS must
grant them a temporary credential if they apply for a temporary credential within
30 days of beginning to practice for a health care employer.
The bill also specifies that a health care provider granted a temporary
credential under the bill may provide services through telehealth to a patient located
in this state.
Current law generally prohibits a person from engaging in certain health
care-related practices without holding a required credential.
Authorizing first- and second-year pharmacy students to administer
vaccines
Current law authorizes pharmacy students who have completed two years of
pharmacy school to administer vaccines under the supervision of a pharmacist. The
bill authorizes pharmacy students in their first or second year of pharmacy school
to administer vaccines under the supervision of a pharmacist. A first- or
second-year pharmacy student must complete 12 hours of training in vaccine
storage, protocols, administration technique, emergency procedures, and record
keeping to administer vaccines under the bill.