Legislative Package on COVID-19

DEPARTMENT OF HEALTH SERVICES

• Temporary Suspension of Medical Assistance Provisions to Meet Conditions for Enhanced Federal Matching Percentage.
  • Authorize DHS to take certain actions to satisfy criteria for qualifying for enhanced federal medical assistance percentage (FMAP) available during an emergency period declared in response to the novel coronavirus pandemic, as established by the federal Family First Coronavirus Response Act (FFCRA).
  • Under this provision, the Department would be authorized to do the following on a temporary basis: (a) suspend monthly premiums for childless adults covered under the medical assistance (MA) program; (b) suspend the requirement that childless adults complete a health risk assessment questionnaire for childless adults, as a condition of MA eligibility; (c) delay the implementation of a community engagement requirement for childless adults until the date that is either: (1) 30 days after the day the federal government has approved the community engagement implementation plan; or (2) 30 days after the last day of the calendar quarter in which the last day of the declared federal public health emergency associated with the novel coronavirus pandemic occurs; and (d) maintain continuous enrollment of any MA beneficiary who is enrolled as of the date of passage of the FFCRA (March 18, 2020), or who subsequently enrolls in the program during the period of the federal public health emergency, until the end of the end of the final month during which the federal public health emergency is in effect.
• Legislative Oversight of Federal Waiver Requests Related to the COVID-19 Public Health Emergency
  • Exempt a Department of Health Services (DHS) request for a waiver, amendment to a waiver, or other federal approval from the current law provisions, enacted in 2017 Wisconsin Act 370, relating to legislative authorization for, and review of, such requests during the public health emergency declared by the Secretary of the federal Department of Health and Human Services on January 31, 2020, in response to the 2019 novel coronavirus. Provide that: (a) any approved state plan amendment that extends beyond the period of the federally-declared public health emergency must comply with the Act 370 provisions relating to legislative review of state plan amendments; and (b) all of the provisions in this item are temporary, and must comply with Act 370 provisions relating to legislative oversight, and, if applicable, review of state plan amendments.
• Hours of Instructional Programming for Nurse Aides
  • Prohibit the Department of Health Services from requiring an instructional program for nurse aides in Wisconsin to exceed the federally required minimum total training of 75 hours.
• Public Health Emergency Dashboard
  • Requires DHS to provide a public dashboard providing information from state acute care hospitals.
• Medical Assistance Incentive Payments to Encourage Participating in Health Information Exchange
  • Require the Department of Health Services to develop, under the MA program, a payment system based on performance to incentivize participation in health information data sharing.
• SeniorCare Coverage of Vaccinations
  • Expand the SeniorCare prescription drug assistance program to include coverage of vaccinations that are recommend for administration to adults by the Federal Centers for Disease Control and Prevention's advisory committee on immunization practices and approved for the administration to adults by the Wisconsin Department of Health Services.
• Renewal of Emergency Medical Services Credentials
  • Prohibit DHS from requiring an ambulance service provider, emergency medical services practitioner, or emergency medical responder that holds a license, training permit or certificate renewal requirements, such as continuing education, during the public health emergency and for the 60 days following the date that the state of emergency is terminated.

OFFICE OF THE COMMISSIONER OF INSURANCE

• No cost Sharing for COVID-19 Testing
  • Require any self-insured health plan offered by a local government or school district, any health insurance policy, and any state health plan that generally covers testing for infectious diseases to provide coverage of testing for COVID-19 without imposing any copayment or coinsurance on the individual covered under the policy or plan, for any such testing done prior to March 13, 2021.
• Prohibit Coverage Discrimination Based on COVID-19
  • Prohibit any insurer, pharmacy benefit manager, or self-insured health plan from using a current or past diagnosis, or suspected diagnosis, of COVID-19, as the basis for denying coverage or establishing rates.
• Prescription Drug Limits
  • Prohibit any health insurance policy from providing extended prescription drug prescriptions.
  • Specify that these restrictions do not apply to a prescription drug that is classified as a controlled substance by the Controlled Substances Board.
• Liability Insurance for Physicians and Nurse Anesthetists
  • Specify that any physician or nurse anesthetist for whom Wisconsin is not a principal place of practice but who is authorized to practice in Wisconsin on a temporary basis, may fulfill the state's practice liability insurance requirements.
• Liability for Providers of Health Services During COVID-19 Public Health Emergency
  • Specify that any health care professional, health care provider, or employee, agent, or contractor of a health care professional or of a 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, the COVID-19 outbreak under circumstances that satisfy specific conditions.
• Out-of-Network Charges and Payments During a Public Health Emergency
  • Provide that an individual in a health plan may not be required to pay more for a service, treatment, or supply that is not in the plan’s network.

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

• Health Care Provider Credential Renewals
  • Specify that a health care provider credential, as specifically defined in the bill, is not subject to renewal, or any other conditions for renewal, including continuing education, and remains valid during the period covered by the public health emergency declared and continuing for 60 days after the end of the period
• Temporary Credentials for Former Health Care Providers During the Public Health Emergency
  • Authorize the Department of Safety and Professional Services (DSPS) to grant temporary credentials to certain former health care providers during the state public health emergency declared in specific ways.
• Temporary Credentials for Health Care Providers from Other States
  • Authorize the Department of Safety and Professional Services (DSPS) to grant temporary credentials to certain former health care providers during the state public health emergency declared.
• Prescription Order Extensions During the Public Health Emergency
  • Expand the manner in which a pharmacist can extend a prescription order.