State Assembly Passes COVID-19 Relief Bill with Uncertain Future

The Wisconsin State Assembly voted 56-34 on Thursday afternoon to pass Assembly Speaker Vos's COVID-19 relief bill, Assembly Bill 1.

An amendment was adopted to the bill prior to the vote. It added language to the bill allowing individuals to serve as short-term substitute teachers without a license as long as they submit an application to DPI and pass a background check. In addition, it allows schools to close for in-person instruction for up to 14 days before requiring school board approval. The original version of the bill would not have allowed schools to close for in-person instruction without first receiving approval from the school board.

The bill faces an uncertain future after Senate Republican leaders came out against it early on Thursday. Governor Evers has also indicated that he may veto it if it reaches his desk.

Education 

BCPL Loans:  Temporarily authorizes the Board of Commissioners of Public Lands (BCPL) to loan money 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. This authority would expire on April 15, 2021. 

Rehiring WRS Retirees: Allows a WRS retiree to return to work at a critical position during the COVID-19 national emergency without suspending their annuity. It also reduces the break in service requirement from 75-days to 15-days.  This would apply for either the duration of the national emergency or for 60 days following the enactment of this bill, whichever is earlier.  

School Board Approval for Virtual Instruction: Prohibits schools from closing a school building or grade level to in-person instruction for more than 14 days. School boards could extend the closure by a two-thirds majority vote. Each extension could be for no more than 14 days. These provisions would not apply after June 30, 2022. 

Short-term Substitute Teacher License:Allows an individual to teach as a short-term substitute without a license or permit if: they have submitted an application for a license to DPI but have not heard back yet and DPI completes a background check on the individual and finds that they are not ineligible for a license. The bill requires DPI to conduct a background check on applicants as soon as possible. These provisions would apply until June 30,2022.

Reports on Virtual Instruction: Requires school boards to submit reports to the Department of Public Instruction on virtual learning 30 days after the end of each semester in the 2020-21 and 2021-22 school years.  One of the items required to be included in the report is a description of  “any challenges or barriers the school board faced related to implementing virtual instruction during the semester.” DPI is then required to compile the information received by schools boards and submit a report to the Legislature. 

General COVID-19 Response 

Transfer of State Funds:  Allows the Joint Finance Committee to transfer up to $100 million between state appropriations accounts until June 30, 2021. 

Legislative Approval of Federal Funds: Requires the Governor to submit a 14-day passive review request to the Joint Finance Committee before spending any federal COVID-19 funds. 

Coverage of COVID-19 Testing and Vaccination Without Co-Pay: Prohibits health plans from charging co-pays for COVID-19 testing and vaccination through June 30, 2021. 

Local Health Orders:  Limits a local health officer’s ability to enforce an order related to COVID-19 that closes or restricts capacity of businesses to a maximum of 2 business days. The local governing body could approve extensions of the order with a two-thirds majority vote for up to 14 days at a time.  

Prohibiting Mandatory Vaccination of COVID-19: Prohibits the Department of Health Services and local health officers from requiring individuals to receive a COVID-19 vaccine.

Allowing Dentists to Provide Flu Shots and COVID-19 Vaccines: Allows dentists who complete 12 hours of training to administer COVID-19 and flu vaccines without a prescription order.  

Nursing Home and Assisted Living Visitors:  Allows a nursing home or assisted living facility resident, their guardian or health care agent to designate essential visitors who would be allowed to visit the resident in compassionate care situations so long as they agree to follow public health guidelines. 

Prescription Order Extensions: Allows pharmacists to extend a prescription for up to a 30 day supply without contacting the prescribing physician through June 30, 2021. 

Other Prescription Drug Measures: Prohibits health plans or pharmacy benefit managers from requiring prior authorization for early prescription drug refills 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. 

Surprise Billing: Implements COVID-19-related surprise billing provisions through June 30,2021. Caps patient cost-sharing at in-network rates for out-of-network services that are either related to COVID-19 treatment or provided by an out-of-network provider because an in-network provider is unavailable due to the COVID-19 pandemic. 

Allowing Out-of-State Health Care Providers to Practice in Wisconsin: Allows out-of-state health care providers to practice in Wisconsin or provide telehealth services to patients in Wisconsin with a temporary credential from the Department of Safety and Professional Services.

Employers

Civil Immunity: Exempts businesses, associations, governmental entities,  schools and nonprofits from civil liability related to the death or injury of any individual or damages caused by an act or omission resulting in or relating to exposure of COVID-19. 

Prohibiting Employers from Requiring COVID Vaccinations:  Prohibits an employer from requiring an individual to receive a COVID-19 vaccine or to show evidence of having received a vaccine.