The bill prohibits insurers that offer health insurance, self-insured
governmental health plans, and pharmacy benefit managers from requiring, until
June 30, 2021, 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.
Liability insurance for physicians and nurse anesthetists
The bill specifies that, until the earlier of the conclusion of a national emergency
declared by the U.S. president in response to the 2019 novel coronavirus or June 30,
2021, 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 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 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 earlier of
the conclusion of a national emergency declared by the U.S. president in response to
the 2019 novel coronavirus or June 30, 2021.
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 critical workers
Under current law, certain people who receive a retirement or disability
annuity from the Wisconsin Retirement System and who are hired by an employer
that participates in the WRS must suspend that annuity and may not receive a WRS
annuity payment until the person is no longer in a WRS-covered position. This
suspension applies to a person who 1) has reached his or her normal retirement date;
2) is appointed to a position with a WRS-participating employer, or provides
employee services as a contractor to a WRS-participating employer; and 3) is
expected to work at least two-thirds of what is considered full-time employment by
the Department of Employee Trust Funds.
This bill creates an exception to this suspension if 1) the person is either hired
or provides employee services as a contractor in a critical position before the end of
the national emergency declared by the U.S. president in response to the 2019 novel
coronavirus or June 30, 2021, whichever is earlier; 2) at the time the person initially
retires from covered employment with a participating employer, the person does not
have an agreement with any participating employer to return to employment; and
3) the person elects to not become a participating employee at the time the person
is rehired or enters into a contract after retirement. In other words, the bill allows
a WRS annuitant who is either hired or provides employee services as a contractor
in a critical position before the earlier of the end of the national emergency declared
by the U.S. president in response to the 2019 novel coronavirus or June 30, 2021, to
return to work with an employer that participates in the WRS and continue to receive
his or her annuity.
safety and professional services
Optional licensure of third-party logistics providers
This bill creates an optional license for third-party logistics providers that are
located in the state or are located outside the state but provide third-party logistics
provider services in the state. A third-party logistics provider is defined under
current law as a person that contracts with a prescription drug manufacturer to
provide or coordinate warehousing, distribution, or other services on behalf of the
manufacturer but that does not take title to the manufacturer's prescription drug or
have general responsibility to direct the prescription drug's sale or disposition.
The bill requires an applicant for a third-party logistics provider license to
submit certain information prior to licensure, including proof of a recent facility
inspection, and a personal statement relating to a designated representative of the
facility. The license created by this bill will no longer apply if the federal Food and
Drug Administration establishes a licensing program for third-party logistics
providers under federal law and the Pharmacy Examining Board determines that
state licensure is not required for a resident third-party logistics provider to provide
third-party logistics services in another state.
The bill also directs the Pharmacy Examining Board to promulgate rules that
regulate third-party logistics providers and out-of-state third-party logistics
providers consistent with federal law. The authority of the Pharmacy Examining
Board to promulgate rules is restricted to only rules that are equivalent to
requirements under federal law, and only rules that do not mandate licensing under
state law.
This bill requires the Pharmacy Examining Board to issue interim licenses for
third-party logistics providers and out-of-state third-party logistics providers
between the date of enactment until permanent or emergency rules take effect,
whichever is sooner, if, in the opinion of the board, the applicant is currently in
compliance with federal law relating to third-party logistics providers. An interim
license to act as a third-party logistics provider or out-of-state third-party logistics
provider expires 90 days after the date that emergency rules take effect, or 90 days
after the date that permanent rules take effect, whichever is sooner. No fee is
required for an interim license to act as a third-party logistics provider or an
out-of-state third-party logistics provider.
Finally, the bill requires third-party logistics providers, whether or not
licensed under the bill, to cooperate with inspections of their facilities and delivery
vehicles.
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 the
Department of Safety and Professional Services 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.