Signed by Governor Tony Evers

Vote Smart's Synopsis:

Vote to pass a bill that appropriates funds and establishes various provisions in response to the COVID-19 emergency.

Highlights:

• Establishes a civil liability exemption for individuals that manufacture, distribute, or sell emergency medical supplies in response to the public health emergency related to the COVID-19 declared by the president (Sec. 4).

• Defines “emergency medical supplies” to mean any medical equipment or supplies necessary to limit the spread of, or to provide treatment for, a disease associated with the public health emergency related to the COVID-19 pandemic, including (Sec. 4):

• Life support devices;

• Personal protective equipment (PPE);

• Cleaning supplies; and

• Any other items determined necessary by the secretary of health services.

• Specifies that charitable organizations that distribute free of charge emergency medical supplies from a manufacturer or distributor shall also be immune from civil liability for death or injury caused by the emergency medical supplies (Sec. 4).

• Requires the Wisconsin Economic Development Corporation to submit a report to the legislature by June 30, 2020 that includes a plan for providing support to major industries in the state that have been adversely affected by the COVID-19 public health emergency, including tourism, manufacturing, agriculture, construction, retail, and services (Sec. 5).

• Exempts the requirement that the Wisconsin Student Assessment System administer in public or private schools The Forward Exam, ACT ASPIRE, the ACT, and Dynamic Learning Maps for the 2019-2020 school year (Sec. 6).

• Authorizes public and private schools to waive the hours requirement for required instruction time for the 2019-2020 school year (Sec. 6).

• Requires that by November 1, 2020 each school board submit a report the Department of Public Institution (DPI) that contains information about the school districts operations during the public health emergency, including whether or not the virtual instruction was implemented in the district, the number of staff laid off, the number of lunches provided, and the amount of certain expenditure reductions (Sec. 6).

• Authorizes the secretary of administration to transfer employees from any executive branch agency to another executive branch agency during the public health emergency declared on March 12, 2020 (Sec. 7).

• Repeals the previous one week waiting period requirement to be eligible for unemployment benefits beginning March 12, 2020 and requires the Department of Workforce Development (DWD) to seek the maximum amount of federal reimbursement for benefits (Sec. 8).

• Requires the DWD to determine whether a claim for unemployment benefits was related to the public health emergency declared by the Governor and specifies that if determined that is related, to pay out the claim from the weeks after March 12, 2020 through December 31, 2020 (Sec. 8).

• Authorizes the secretary of the DWD to seek advances to the state’s unemployment reserve from the federal government so that they have a reserve cash balance of at least $1.2 billion by June 30, 2021 (Sec. 8).

• Authorizes a state employee to take annual leave during the public health emergency declared on March 12, 2020 even if they have not completed the first 6 month probationary period (Sec. 8).

• Authorizes a pharmacist to extend a prescription order under certain circumstances in the event that prescription cannot otherwise be filled, such as the public health emergency declared on March 12, 2020 and up to 30 days after the conclusion of the public health emergency (Sec. 9).

• Specifies that healthcare professionals, employees, agents, and contractors of those professionals or providers shall have immunity from civil liability for death, injury, or damages caused by actions or omissions taken providing services to address the COVID-19 novel coronavirus outbreak (Sec. 9).

• Prohibits a coroner or medical examiner from, for the duration of this public health emergency, viewing the corpse of a deceased individual who passed as a result of a positive COVID-19 test or subsequent complications before signing a cremation permit (Sec. 9).

• Prohibits a provider network plan, including a health maintenance organization or preferred provider plan from requiring an enrollee of the plan pay more for any service, treatment, or supply relating to treatment for COVID-19 (Sec. 11).

• Prohibits insurers that offer individual or group health benefit plans, pharmacy benefit managers, or self-insured governmental health plans from doing any of the following as a result of COVID-19 (Sec. 11):

• Establishing rules for eligibility for any individual, employer, or group;

• Cancelling coverage during a contract term;

• Setting rates for coverage; or

• Refusing to grant a grace period for payment of a premium. 

• Prohibits insurers that offer individual or group health benefit plans, pharmacy benefit managers from requiring prior authorization for early refills of prescription drugs or otherwise restricting the period of time in which a prescription drug may be refilled (Sec. 11).

• Requires every health insurance policy and every self-insured governmental health plan that generally covers testing for infectious disease to provide coverage for testing for COVID-19 without imposing any copayment or coinsurance before March 13, 2021 (Sec. 11).

• Amends the eligibility requirements for agricultural societies, boards, and associations to receive local fair aid provided by the Department of Agriculture, Trade, and Consumer Protection in order to remain eligible for aid if a local fair is not held during 2020 because of the public health emergency (Sec. 1).

• Exempts for the duration of the public health emergency declared on March 12, 2020, the campaign finance requirement that candidates do not use campaign funds to pay for the cost of materials or distribution of 50 or more pieces of identical material (Sec. 2).

• Authorizes the legislative committee to transfer up to $75 million from the sum of sufficient appropriations during the public health emergency declared on March 12, 2020 for a period of up to 90 days following its termination, to be used for expenditures related to the emergency (Sec. 2).

• Specifies that for the public health emergency declared on March 12, 2020 employees who are not expected to work at least one-third of what is considered full time employment shall not be excluded from being considered a participating employee if at least 15 days have elapsed from the employment termination (Sec. 11).

• Authorizes individuals hired during the public health emergency declared on March 12, 2020 to not suspend their retirement annuity or disability annuity for the duration of the state of emergency so long as their position is a critical position and they do not reach an agreement or contract to return to employment following the end of the emergency (Sec. 12).

• Prohibits any individual who sells food products, personal care products, cleaning products, or paper products at retail from accepting a return of a food item, personal care product, cleaning product, or paper products unless under the following circumstances (Sec. 32):

• The product is returned no more than 7 days after the purchase; and

• The product is adulterated or defective as a result or a production error or defect.

• Defines “first responder” as an employee of or volunteer for an employer that provides fire fighting, law enforcement, medical, or other emergency services, and who has regular, direct contact with, or is regularly in close proximity to patients, or other members of the public requiring emergency services, within the scope of the individuals work for the employer (Sec. 33).

• Specifies that for the purposes of benefits under this act, where an injury to a first responder is found to be caused by COVID-19 during the public health emergency declared on March 12, 2020 and 30 days after termination, the injury is presumed to be caused by the individuals employment (Sec. 33).

• Requires an injury under the above mentioned provision shall be accompanied by a specific diagnosis from a physician or a positive COVID-19 test (Sec. 33).

• Specifies that this act shall not require an employer from providing an employee’s personal records within 7 working days after an employee makes a request to inspect their personnel records, and an employer is not required to provide the inspection at a location reasonably near the employee’s place of employment (Sec. 35).

• Authorizes the state department to seek the maximum amount of federal reimbursement for benefits that are payable during the time period specified by this act, for the first week of the claimants benefit year as a result of the application (Sec. 38).

• Prohibits the department from requiring an instructional program that exceeds the federally required minimum total training hours of supervised practical training (Sec. 76).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that appropriates funds and establishes various provisions in response to the COVID-19 emergency.

Highlights:

• Establishes a civil liability exemption for individuals that manufacture, distribute, or sell emergency medical supplies in response to the public health emergency related to the COVID-19 declared by the president (Sec. 4).

• Defines “emergency medical supplies” to mean any medical equipment or supplies necessary to limit the spread of, or to provide treatment for, a disease associated with the public health emergency related to the COVID-19 pandemic, including (Sec. 4):

• Life support devices;

• Personal protective equipment (PPE);

• Cleaning supplies; and

• Any other items determined necessary by the secretary of health services.

• Specifies that charitable organizations that distribute free of charge emergency medical supplies from a manufacturer or distributor shall also be immune from civil liability for death or injury caused by the emergency medical supplies (Sec. 4).

• Requires the Wisconsin Economic Development Corporation to submit a report to the legislature by June 30, 2020 that includes a plan for providing support to major industries in the state that have been adversely affected by the COVID-19 public health emergency, including tourism, manufacturing, agriculture, construction, retail, and services (Sec. 5).

• Exempts the requirement that the Wisconsin Student Assessment System administer in public or private schools The Forward Exam, ACT ASPIRE, the ACT, and Dynamic Learning Maps for the 2019-2020 school year (Sec. 6).

• Authorizes public and private schools to waive the hours requirement for required instruction time for the 2019-2020 school year (Sec. 6).

• Requires that by November 1, 2020 each school board submit a report the Department of Public Institution (DPI) that contains information about the school districts operations during the public health emergency, including whether or not the virtual instruction was implemented in the district, the number of staff laid off, the number of lunches provided, and the amount of certain expenditure reductions (Sec. 6).

• Authorizes the secretary of administration to transfer employees from any executive branch agency to another executive branch agency during the public health emergency declared on March 12, 2020 (Sec. 7).

• Repeals the previous one week waiting period requirement to be eligible for unemployment benefits beginning March 12, 2020 and requires the Department of Workforce Development (DWD) to seek the maximum amount of federal reimbursement for benefits (Sec. 8).

• Requires the DWD to determine whether a claim for unemployment benefits was related to the public health emergency declared by the Governor and specifies that if determined that is related, to pay out the claim from the weeks after March 12, 2020 through December 31, 2020 (Sec. 8).

• Authorizes the secretary of the DWD to seek advances to the state’s unemployment reserve from the federal government so that they have a reserve cash balance of at least $1.2 billion by June 30, 2021 (Sec. 8).

• Authorizes a state employee to take annual leave during the public health emergency declared on March 12, 2020 even if they have not completed the first 6 month probationary period (Sec. 8).

• Authorizes a pharmacist to extend a prescription order under certain circumstances in the event that prescription cannot otherwise be filled, such as the public health emergency declared on March 12, 2020 and up to 30 days after the conclusion of the public health emergency (Sec. 9).

• Specifies that healthcare professionals, employees, agents, and contractors of those professionals or providers shall have immunity from civil liability for death, injury, or damages caused by actions or omissions taken providing services to address the COVID-19 novel coronavirus outbreak (Sec. 9).

• Prohibits a coroner or medical examiner from, for the duration of this public health emergency, viewing the corpse of a deceased individual who passed as a result of a positive COVID-19 test or subsequent complications before signing a cremation permit (Sec. 9).

• Prohibits a provider network plan, including a health maintenance organization or preferred provider plan from requiring an enrollee of the plan pay more for any service, treatment, or supply relating to treatment for COVID-19 (Sec. 11).

• Prohibits insurers that offer individual or group health benefit plans, pharmacy benefit managers, or self-insured governmental health plans from doing any of the following as a result of COVID-19 (Sec. 11):

• Establishing rules for eligibility for any individual, employer, or group;

• Cancelling coverage during a contract term;

• Setting rates for coverage; or

• Refusing to grant a grace period for payment of a premium. 

• Prohibits insurers that offer individual or group health benefit plans, pharmacy benefit managers from requiring prior authorization for early refills of prescription drugs or otherwise restricting the period of time in which a prescription drug may be refilled (Sec. 11).

• Requires every health insurance policy and every self-insured governmental health plan that generally covers testing for infectious disease to provide coverage for testing for COVID-19 without imposing any copayment or coinsurance before March 13, 2021 (Sec. 11).

• Amends the eligibility requirements for agricultural societies, boards, and associations to receive local fair aid provided by the Department of Agriculture, Trade, and Consumer Protection in order to remain eligible for aid if a local fair is not held during 2020 because of the public health emergency (Sec. 1).

• Exempts for the duration of the public health emergency declared on March 12, 2020, the campaign finance requirement that candidates do not use campaign funds to pay for the cost of materials or distribution of 50 or more pieces of identical material (Sec. 2).

• Authorizes the legislative committee to transfer up to $75 million from the sum of sufficient appropriations during the public health emergency declared on March 12, 2020 for a period of up to 90 days following its termination, to be used for expenditures related to the emergency (Sec. 2).

• Specifies that for the public health emergency declared on March 12, 2020 employees who are not expected to work at least one-third of what is considered full time employment shall not be excluded from being considered a participating employee if at least 15 days have elapsed from the employment termination (Sec. 11).

• Authorizes individuals hired during the public health emergency declared on March 12, 2020 to not suspend their retirement annuity or disability annuity for the duration of the state of emergency so long as their position is a critical position and they do not reach an agreement or contract to return to employment following the end of the emergency (Sec. 12).

• Prohibits any individual who sells food products, personal care products, cleaning products, or paper products at retail from accepting a return of a food item, personal care product, cleaning product, or paper products unless under the following circumstances (Sec. 32):

• The product is returned no more than 7 days after the purchase; and

• The product is adulterated or defective as a result or a production error or defect.

• Defines “first responder” as an employee of or volunteer for an employer that provides fire fighting, law enforcement, medical, or other emergency services, and who has regular, direct contact with, or is regularly in close proximity to patients, or other members of the public requiring emergency services, within the scope of the individuals work for the employer (Sec. 33).

• Specifies that for the purposes of benefits under this act, where an injury to a first responder is found to be caused by COVID-19 during the public health emergency declared on March 12, 2020 and 30 days after termination, the injury is presumed to be caused by the individuals employment (Sec. 33).

• Requires an injury under the above mentioned provision shall be accompanied by a specific diagnosis from a physician or a positive COVID-19 test (Sec. 33).

• Specifies that this act shall not require an employer from providing an employee’s personal records within 7 working days after an employee makes a request to inspect their personnel records, and an employer is not required to provide the inspection at a location reasonably near the employee’s place of employment (Sec. 35).

• Authorizes the state department to seek the maximum amount of federal reimbursement for benefits that are payable during the time period specified by this act, for the first week of the claimants benefit year as a result of the application (Sec. 38).

• Prohibits the department from requiring an instructional program that exceeds the federally required minimum total training hours of supervised practical training (Sec. 76).

Full Bill Text