SB932,60,3 (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:

SB932,60,8 (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.

SB932,60,11 (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:

SB932,60,14 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).

SB932,60,17 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.

SB932,60,19 (c) The actions or omissions do not involve reckless or wanton conduct or intentional misconduct.

SB932,60,21 (3) Applicability. This section does not apply if s. 257.03, 257.04, 323.41, or 323.44 applies.

SB932,99 Section 99 . 895.51 (title) of the statutes is amended to read:

SB932,60,24 895.51 (title) Civil liability exemption: food or emergency household products; emergency medical supplies; donation, sale, or distribution.

SB932,100 Section 100 . 895.51 (1) (bd) of the statutes is created to read:

SB932,61,2 895.51 (1) (bd) “Cost of production” means the cost of inputs, wages, operating the manufacturing facility, and transporting the product.

SB932,101 Section 101 . 895.51 (1) (bg) of the statutes is created to read:

SB932,61,9 895.51 (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.

SB932,102 Section 102 . 895.51 (1) (dp) of the statutes is created to read:

SB932,61,16 895.51 (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.

SB932,103 Section 103 . 895.51 (2r) of the statutes is created to read:

SB932,61,24 895.51 (2r) Any person engaged in the manufacturing, distribution, or sale of emergency medical supplies, who donates or sells, at a price not to exceed the cost of production, emergency medical supplies to a charitable organization or governmental unit to respond to the public health emergency related to the 2019 novel coronavirus pandemic is immune from civil liability for the death of or injury to an individual caused by the emergency medical supplies donated or sold by the person.

SB932,104 Section 104 . 895.51 (3r) of the statutes is created to read:

SB932,62,4 895.51 (3r) Any charitable organization that distributes free of charge emergency medical supplies received under sub. (2r) is immune from civil liability for the death of or injury to an individual caused by the emergency medical supplies distributed by the charitable organization.

SB932,105 Section 105 . Nonstatutory provisions.

SB932,62,11 (1) Enhanced federal medical assistance percentage. If the federal government provides an enhanced federal medical assistance percentage during an emergency period declared in response to the novel coronavirus pandemic, the department of health services may do any of the following during the period to which the enhanced federal medical assistance percentage applies in order to satisfy criteria to qualify for the enhanced federal medical assistance percentage:

SB932,62,13 (a) Suspend the requirement to comply with the premium requirements under s. 49.45 (23b) (b) 2. and (c).

SB932,62,15 (b) Suspend the requirement to comply with the health risk assessment requirement under s. 49.45 (23b) (b) 3.

SB932,62,21 (c) Delay implementation of the community engagement requirement under s. 49.45 (23b) (b) 1. until the date that is 30 days after either the day the federal government has approved the community engagement implementation plan or the last day of the calendar quarter in which the last day of the emergency period under 42 USC 1320b-5 (g) (1) that is declared due to the novel coronavirus pandemic occurs, whichever is later.

SB932,62,25 (d) Notwithstanding any requirement under subch. IV of ch. 49 to disenroll an individual to the contrary, maintain continuous enrollment in compliance with section 6008 (b) (3) of the federal Families First Coronavirus Response Act, P.L. 116-127.

SB932,63,5 (2) Liability insurance for physicians and nurse anesthetists. During the public health emergency declared on March 12, 2020, by executive order 72, all of the following apply to a physician or nurse anesthetist for whom this state is not a principal place of practice but who is authorized to practice in this state on a temporary basis:

SB932,63,9 (a) The physician or nurse anesthetist may fulfill the requirements of s. 655.23 (3) (a) by filing with the commissioner of insurance a certificate of insurance for a policy of health care liability insurance issued by an insurer that is authorized in a jurisdiction accredited by the National Association of Insurance Commissioners.

SB932,63,11 (b) The physician or nurse anesthetist may elect, in the manner designated by the commissioner of insurance by rule under s. 655.004, to be subject to ch. 655.

SB932,63,12 (3) Virtual instruction; reports and guidance.