COVID-19 Wisconsin Act 1038 Summary
CORRECTIONAL SYSTEM
Department of Corrections Death of an inmate
Under law, when a person dies while under the legal custody of the Department of Corrections, an autopsy on the deceased individual must be performed. During the public health emergency relating to COVID-19, if a person diagnosed with COVID-19 dies, the coroner or medical examiner may perform limited examination of the deceased individual instead of a full autopsy.
Liability Exemption for Medical Supplies
To make distribution of medical supplies move faster, the bill creates a civil liability exemption for the sale of emergency medical supplies to respond to the pandemic. Emergency medical supplies are defined as equipment or supplies necessary to limit the spread of, or provide treatment for the COVID-19 pandemic. These include life support devices, personal protective equipment, cleaning supplies, and any other items determined to be necessary by the secretary of health services.
Education
Under current law schools are required to annually administer state examinations for students in the third, fourth, eighth, ninth, tenth, and eleventh grades. The bill suspends the requirement that these exams be conducted this year.
The bill also prohibits school boards and independent charter schools from considering pupil performance on statewide assessments in evaluating teachers and principals in the 2019-20 school year.
The bill further prohibits the Department of Public Instruction from publishing a school and school district accountability report in the 2020-21 school year.
The bill also requires that schools report on their online instruction and other operations undertaken during the statewide emergency by November 1, 2020. It must include whether virtual instruction was implemented in the school district, the number of staff who were laid off, the number of lunches provided, and the amount of certain expenditure reductions. The report must also include any challenges or barriers the school board faced in implementing virtual instruction and the school board's recommendations for best practices related to providing virtual instruction when schools are closed.
EMERGENCY MANAGEMENT
The bill authorizes the secretary of the Department of Administration to transfer employees from any executive branch agency to another executive branch agency during the public health emergency. Under the bill, the agency to which an employee is transferred shall pay all salary and fringe benefit costs of that employee.
The bill allows a state entity to waive any requirement that an individual appear in person during the public health emergency if the circumstances assist in the state's response to the state of emergency or if the requirement may increase the public health risk.
Unemployment insurance waiting period
Currently, a person filing for unemployment insurance must wait one week after becoming eligible to receive benefits. The bill suspends the application of the one-week waiting period for benefit years that began after March 12, 2020 until February 7, 2021.
Unemployment insurance; work-share programs
Current law allows an employer to create a work-share program. Under a work-share program, the working hours of all of the full-time employees in the program are reduced equally to avoid a layoff of some of the employees. A claimant for UI benefits who is included in a work-share program may receive UI benefits during their time in a work-share program in an amount calculated based on their reduced hours.
This bill suspends and replaces several aspects of work-share plans, including the percentage of employees involved and limitations on the type of work work-share plans cover to allow more employers to participate in the plan between now and December 31, 2020.
Worker's Compensation
The bill says that for the purposes of worker's compensation, an injury caused to a first responder, during the public health emergency declared by the governor on March 12, 2020 and until 30 days after the termination of the order, is presumed to be caused by the individual's employment. The presumption requires a diagnosis or positive test for COVID-19, unless specific evidence shows the injury occurred outside of work.
Employee Records During Public Health Emergency
The requirements that an employer provide an employee's personnel record;
Within seven working days after receiving the request
That the inspection be at a location near the employee's place of employment
That the inspection be during normal working hours are suspended during the public health emergency.
Suspension of certain time limits and in-person meetings for grievance process during public health emergency
Under the bill, a state employee does not waive his or her right to appeal an adverse employment decision if the employee does not timely file the complaint or appeal during the public health emergency. Under current law, an employee waives such right if the employee does not timely file. Under the bill, an appointing authority is not required to hold an in-person meeting with a state employee who has filed an employment grievance during the public health emergency.
Use of annual leave during public health emergency
Allows a state employee may take annual leave during the public health emergency, even if the employee has not completed the first six months of the employee's probationary period. If the employee terminates employment before earning any leave the employee used, the employer may deduct the amount of unearned leave from the employee's final pay.
Limited term employees during public health emergency
The bill allows the Division of Personnel Management to adjust the number of hours a state employee in a limited term appointment may work during the public health emergency by executive order.
HEALTH AND HUMAN SERVICES
Enhanced federal medical assistance percentage (FMAP)
Makes changes to current law to allow the state greater access FMAP funds from federal government during the emergency.
Prescription order extensions
Creates an alternative authorization for a pharmacist to extend a prescription during the period covered by a public health emergency.
Hours of instructional program for nurse aides
Suspends state requirements for minimum total training hours that exceed federal requirements.
Collection and reporting of public health emergency data
This bill requires the entity that is under contract under current law to collect, analyze, and disseminate the health care information of hospitals and ambulatory surgery centers to prepare and publish a public health emergency dashboard during the state of emergency.
Legislative oversight during COVID-19 public health emergency
Suspends legislative oversight for DHS certain requests during a federally declared emergency related to COVID 19.
Coverage of vaccinations under SeniorCare
Requires the Department of Health Services to include coverage of vaccinations through the SeniorCare program that are recommended by the CDC. DHS is required to provide payments to health care providers that administer the vaccinations and submit claims for payment. DHS can provide payment for a vaccination only after deducting the amount of any payment for the vaccination available from other sources.
Immunity from civil liability for health care providers during COVID-19 emergency
This bill provides immunity from civil liability for healthcare professionals and providers and employees, agents, or contractors of those professionals or providers for death, injury, or damages caused by actions or omissions taken in providing services to address or in response to a 2019 novel coronavirus outbreak during an emergency.
Renewals of credentials for emergency medical services providers
The bill prohibits DHS from requiring an ambulance service provider, emergency medical services practitioner, or emergency medical responder that holds a credential to renew the credential or to meet renewal requirements during the public health emergency.
Child Care and Development Fund block grant funding
Under the bill, federal Child Care and Development Fund block grant funds received by the state under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 are subject to passive review by the Joint Committee on Finance. Passive review means that the recommendations of DHS take effect unless a member of the committee raises an objection.
HOUSING
Deadline for applying for heating assistance
Eliminates the time period during which a person may apply for heating assistance under the low-income energy assistance program.
INSURANCE
Payments for services by out-of-network providers
During the public health emergency the bill prohibits a defined network 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 a provider that is participating in the plan's network. This prohibition applies to any service, treatment, or supply that is related to diagnosis or treatment for COVID-19 and any service, treatment, or supply that is provided by a provider that is not a participating provider because a participating provider is unavailable due to the public health emergency.
Prohibiting coverage discrimination based on COVID-19 diagnosis
The bill prohibits insurers that offer an individual or group health benefit plan, pharmacy benefit managers, or self-insured governmental health plans from changing the rules of a plan, cancelling coverage, setting rates for coverage or refusing to grant a grace period based on a current or past diagnosis or suspected diagnosis of COVID-19.
Prohibiting certain prescription drugs coverage limits
The bill prohibits insurers that offer health insurance, self-insured governmental health plans, and pharmacy benefit managers from requiring prior authorization for early refills of a prescription drug, or otherwise restricting the period of time 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.
Coverage of COVID-19 testing without cost sharing
The bill requires every health insurance policy and every self-insured governmental health plan that generally covers testing for infectious disease to provide coverage of testing for COVID-19 without imposing any copayment or coinsurance before March 13, 2021.
LEGISLATURE
Transfer of moneys
The bill expands the Joint Committee on Finance ability to transfer funds between different state appropriations for the duration of the emergency, up to $75 million.
LOCAL GOVERNMENT
The bill allows for extension of meeting requirements for local board of review meetings and annual town meetings.
OCCUPATIONAL REGULATION
Health care provider credential renewals
This bill exempts certain health care provider credentials issued by credentialing boards in the Department of Safety and Professional Services from having to be renewed during the period covered by the public health emergency.
Temporary credentials for former health care providers
This bill authorizes former health care providers to obtain a temporary credential granted by DSPS and provide health care services for which they have been previously licensed or certified. This applies to:
Physician, physician assistant, or Perfusionist
Registered nurse, licensed practical nurse, or nurse-midwife
Dentist
Pharmacist
Psychologist
Social worker
Marriage and family therapist
Professional counselor
Clinical substance abuse counselor
Practitioner holding a credential to practice a profession identified by DHS.
A temporary credential granted under the bill expires 90 days after the conclusion of the public health emergency.
Temporary credentials for health care providers from other states
This bill authorizes health care providers licensed in another state or territory to obtain a temporary credential granted by DSPS and provide health care services. This applies to:
Physician, physician assistant, or perfusionist
Registered nurse, licensed practical nurse, or nurse-midwife
Dentist
Pharmacist
Psychologist
Social worker
Marriage and family therapist
Professional counselor
Clinical substance abuse counselor
Practitioner holding a credential to practice a profession identified by DHS
A temporary credential granted under the bill expires 90 days after the conclusion of the public health emergency.
PUBLIC UTILITIES
Loans to municipal utilities for the purpose of maintaining liquidity
The bill authorizes the Board of Commissioners of Public Land to loan money belonging to ensure that municipal utilities are able to function during the COVID-19 public health emergency.
RETIREMENT AND GROUP INSURANCE
WRS annuities for certain annuitants returning to work during public health emergency
This bill allows an annuitant who is hired during the public health emergency, 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 public health emergency if the position for which the annuitant is hired is a critical position.
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. This bill reduces that period to 15 days for individuals who are hired to a critical position during the public health emergency.
Employees returning from a leave of absence
Under the bill, for the purposes of group health insurance offered by the group insurance board, an employee who returns from a leave of absence and who has not resumed active duty for at least 30 consecutive calendar days on March 12, 2020, is deemed to have ended or interrupted the leave of absence on that date.
STATE GOVERNMENT
Suspension of deadlines and training requirements
This bill authorizes state agencies, authorities, local governments, the legislature, and the courts to suspend, during the public health emergency deadlines and training requirements that they administer or enforce. The bill excludes deadlines relating to the filing or payment of taxes and deadlines relating to an election.
TAXATION
Authority to waive interest and penalties for general fund and transportation fund taxes
Allows the secretary of revenue to waive, for any person who fails to pay state or transportation taxes and fees by their due date, the interest and penalties that accrue during the period covered by the COVID-19 public health emergency.
Interest on late property tax payments
Under this bill, for property taxes payable in 2020, after making a general or case-by-case finding of hardship, a municipality may provide that an installment payment due after April 1, 2020, that is received after its due date will not accrue interest or penalties if the total amount due is received on or before October 1, 2020. Interest and penalties will accrue from October 1, 2020, for any property taxes payable in 2020 that are delinquent after October 1, 2020.