Thank you for taking the time to read this week's e-update. I always strive to include information you find interesting and informative as it relates to my work in Madison and the 60th Assembly District.
My most important goal remains serving you, my constituents. Helping you find solutions to difficult problems when it seems like the state is unresponsive is the single greatest reward for my staff and me. I take constituents' input seriously and continually work hard on your behalf.
I always have your thoughts and concerns in mind when deciding whether or not to support legislation. Furthermore, I appreciate when you take time out of your schedules to contact me.
Have a great week,
Public Communication
Typically, beginning April 15th, in even-numbered years, legislative offices are prohibited from using state funds to send more than 49 pieces of identical materials to their constituents. The COVID-19 legislative package provides an exemption to this rule and allows me to continue to provide information related to the public health emergency to you. That said, however, this week's survey question will be the last of 2020.
This week's survey
On March 24, Governor Evers issued his "Safer at Home" order. The governor encouraged Wisconsinites to continue to exercise to maintain both physical and mental health, as they limit all non-essential trips outside of the home. That same day, the Wisconsin Department of Natural Resources waived all fees for state parks and trails, as a way to ensure Wisconsinites had greater access to the out-of-doors.
On April 9, Governor Evers issued an executive order closing Wisconsin's state parks. It is important to note that the legislature was not consulted prior to the governor releasing the executive order. As someone who uses Wisconsin's state parks, I find his directive disturbing, as it is full of mixed messages. For weeks, Governor Evers has continually stressed the importance of remaining physically active during the "Safer at Home" order. Closing the parks is counterintuitive.
I will be reaching out to Wisconsin Legislative Council to inquire about the constitutionality of this decision and what recourse legislators have.
Please, take a minute to answer this week's survey question regarding the closure of state parks.
Thank you to everyone who responded to our last survey question regarding the reopening of golf courses. I very much appreciated your insight and feedback on this issue.
In total, 187 individuals answered this week's survey question, with 62 percent believing that Governor Evers should allow golf courses to reopen under the "Safer at Home" order. Conversely, just 29 percent of respondents believed that golf courses should remain closed.
What is more, 9 percent of respondents answered "other." Responses include:
"Yes, but single carts and walking carts only. Clubhouses should remain closed."
"Yes, I have heard of golf courses staying open with similar restrictions, including pulling the hole cups up so that you can just bounce the ball off the outside and don't have to touch the flag or reach into the hole."
"I think every business that wants to remain open, should be open."
"Leave them closed unless they will have guidelines for social distancing akin to those of state parks."
COVID-19 legislation
This week, the legislature passed, 97-2, a comprehensive, bipartisan COVID-19 relief package, Assembly Bill 1038. The bill provides much-needed relief to individuals and small businesses who are struggling as a result of this epidemic.
Assembly leaders of both parties have worked together on legislation that will afford the Evers administration with the needed flexibility to respond to COVID-19. The bill allows Wisconsin to capture millions in federal dollars on top of the $2 billion in coronavirus funding from the federal CARES Act. Furthermore, this legislation eliminates the one-week waiting period for unemployment benefits. I applaud the bipartisan effort that went into the creation of this legislation.
Representatives were given a choice to attend either in-person or virtually. Members who are attending in-person (I was one of those who did), as is customary for legislative sessions, are being asked to follow a set of guidelines to maintain proper social distancing.
The following are some of the most consequential provisions of the COVID-19 relief package:
Low-income energy assistance
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. Current law authorizes BCPL to manage and invest moneys belonging to the trust fund in good faith and with the care an ordinary prudent person in a like position would exercise under similar circumstances.
On Mary 11th, Governor Evers issued Emergency Order 11 in connection with the COVID-19 public health emergency. EO 11 suspended certain rules of the Public Service Commission to ensure that customers of public utilities do not experience a loss of service during the public health emergency. EO 11 also required that deferred payment agreements be made available not only to residential customers but also commercial, farm, and industrial customers of public utilities.
This bill allows households to apply for heating assistance under the low-income home energy assistance program any time before December 31, 2020, rather than between October 1 and May 15, as under current law. The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides Wisconsin with an estimated $8 million for the program to support costs associated with home energy bills and weatherization.
Returns during public health emergencies
The bipartisan COVID-19 omnibus prohibits a retail establishment from accepting the return of fresh or packaged food, cleaning supplies, personal care products, or paper products during the public health emergency declared on March 12th, by Executive Order 72, or within 30 days after the emergency ends.
That said, however, the bill allows a retailer to accept the return of food, personal care products, cleaning supplies, or paper products within seven days of purchase for any reason, or at any time if a product was contaminated due to improper production or packaging.
Child Care Development Block Grant
Under this bill, additional child care development block grant funds the state receives under the CARES Act would be credited to existing block grants for child welfare services. It is currently estimated that the state may receive an additional $51.3 million of federal funds for this program, under the CARES Act.
Elimination of the one-week waiting period for unemployment benefits
The bill eliminates the one-week waiting period for benefit years beginning March 12th of this year and before February 7, 2021. The change will not affect the maximum number of weeks of unemployment individuals are able to collect.
WEDC plan
This bill requires the Wisconsin Economic Development Corporation to submit a report to the legislature and the governor by June 30th, that includes a plan for providing support to the major industries in Wisconsin that have been adversely affected by the COVID-19 public health emergency, including tourism, manufacturing, agriculture, construction, retail, and services.
Federal Medicaid dollars
Assembly Bill1038 allows the state to capture more Medicaid dollars from the federal government. The bill allows DHS to suspend compliance with current premium and health risk assessment requirements for childless adults, delay implementation of the community engagement requirement for childless adults, and maintain continuous enrollment under the Medical Assistance program in compliance with federal law in order to satisfy criteria for an enhanced federal medical assistance percentage, or FMAP, under the Medical Assistance Program during the period to which the enhanced federal medical assistance percentage applies.
Based on Wisconsin's current expenditure levels within the Medical Assistance Program, Wisconsin's increase in federal Medicaid matching funds will be approximately $150 million per quarter, or approximately $300 million over the two quarters covering the final six months of the current fiscal year.
Out-of-state healthcare workers
The bill, as amended, allows certain healthcare professionals credentialed in another state or territory to temporarily practice in Wisconsin without a Wisconsin credential. Licenses may be granted to physicians, physician assistants, nurses, pharmacists, psychologists, dentists, and others.
Assembly Bill 1038 further requires that a healthcare provider who provides services authorized by a temporary credential granted under these provisions, must maintain malpractice insurance that satisfies the requirements of the profession for which the healthcare provider has been licensed or certified. This provision will allow more practitioners to provide care to Wisconsinites during the pandemic.
Prohibit insurance coverage discrimination based on COVID-19
Assembly Bill 1038 prohibits 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 doing the following:
1. Establishing rules, applicable to an individual or employer or another group, for eligibility for enrollment, continued eligibility to remain enrolled, or renewal of coverage.
2. Canceling coverage during the contract term.
3. Establishing rates for coverage.
4. Refusing to grant a grace period for the payment of premium, if a grace period for payment of premium would generally be granted under the plan.
Property taxes
Interest on late property taxes is normally charged for payments made after February 1. Under the bill, taxing entities may waive interest and penalties for payments that are received after the April 1 deadline. Interest and penalties will begin to accrue beginning October 1, for any property tax payments that are delinquent after October 1. Penalties and fees may only be waived, if the corresponding county board and taxing district pass resolutions authorizing it.
First responder protection
The bill provides that, for the purpose of worker's compensation, an injury caused to a first responder, during any public health emergency, is presumed to be caused by the individual's employment. The presumption requires a diagnosis or positive test for COVID-19, and can be rebutted by specific evidence that the injury was caused outside of employment.
Hours of instructional training for nurse aides
This proposal prohibits DHS from requiring an instructional program for nurse aids to exceed the federally required minimum total training hours or minium hours of supervised practical training.
Currently, nurse aides are required to complete a minimum of 120 training hours, including 32 hours of supervised practical training. Federal law currently requires nurse aides to complete 75 total training hours, including 16 hours of supervised practical training. This bill mirrors federal requirements.
The irony of this provision is palpable. Earlier this session, the Assembly passed legislation analogous to this provision, with bipartisan support, and it was vetoed by Governor Evers. Unfortunately, the veto override failed. Despite his veto, Governor Evers requested that this provision be included in the COVID-19 relief package. Thus, it was inserted per his request. Vetoing legislation and then requesting identical language be inserted in a later bill is hypocrisy at its finest.
SeniorCare coverage of vaccinations
The bill expands the SeniorCare prescription drug assistance program to include coverage of vaccinations that are recommended 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. Furthermore, the bill would require DHS to provide reimbursement under SeniorCare for the administration of vaccinations to healthcare providers, including pharmacies and pharmacists, provided that the enrollee has met the program's deductible requirement or is not required to pay a deductible.
Out-of-network coverage
During the public health emergency, the bill prohibits 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 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 provide because a participating provider is unavailable due to the public health emergency.
School testing requirements
Current law provides that educational institutions are required to test students with various standardized assessments in the fourth, eighth, ninth, tenth, and eleventh grades. Under the bill, requirements to administer these assessments are waived for the 2019-2020 school year.
Private school waiver for direct hours of public instruction requirements
The bill specifies that in the 2019-20 school year, the governing body or a private school could request DPI to waive any requirement related to providing hours of instruction, including the requirement for minimum hours of instruction for private schools participating in the Milwaukee, Racine, or statewide choice programs or in the special needs scholarship program.
Income and Franchise Tax Filing Extension
President Trump declared a national emergency in response to the coronavirus outbreak on March 13, 2020. Following this declaration, the United States Department of the Treasury and Internal Revenue Service announced that the deadline for filing federal income tax returns is extended from April 15 to July 15. The IRS expanded that guidance on April 9 to provide that the extension generally applies to all taxpayers with a tax filing due date falling between April 1 and before July 15.
Wisconsin will follow the federal government's action and extend state income and franchise filing deadlines to July 15.
Prescription drug extensions
Current law allows a pharmacist to extend a prescription drug order under certain circumstances in the event that the prescription cannot otherwise be filled, subject to certain criteria and limitations.
This bill creates an alternative authorization for a pharmacist to extend a prescription during the period covered by a public health emergency and for 30 days after the conclusion of that public health emergency.
Any input or feedback you might have, with regards to this legislation, would be appreciated. I look forward to your input.
Unemployment Insurance and other COVID-19 resources
Federal programs/benefits
As you know, the federal government has passed several COVID-19 response packages. As part of these developments, some Wisconsinites will be able to access additional unemployment benefits.
DWD expects to take applications for the Pandemic Unemployment Assistance program the week of April 21, 2020. PUA temporarily expands UI eligibility to those who are otherwise ineligible for state UI benefits, including those who are self-employed, freelancers, independent contractors, and part-time workers impacted by COVID-19. Workers will be eligible for retroactive benefits (as far back as February 2, 2020) and can receive benefits for up to 39 weeks. The PUA benefit amount is calculated as 1 percent of last year's total income earned, with weekly minimum and maximum benefit rates of $163 and $370, respectively.
The CARES Act also created the Federal Pandemic Unemployment Compensation program, which provides an additional $600 per week through July 31st to those who are eligible for UI or PUA benefits. Wisconsin hopes to take initial claims the week of April 21, 2020, and start making these payments the week of April 26, 2020.
For more information on these new programs and how and if one needs to apply in order to receive them, please click the following link.
Small Business Administration loans
One of the programs available to those impacted by the COVID-19 pandemic is the Small Business Paycheck Protection Program. This program provides small businesses with funds to pay up to 8 weeks of payroll costs. The program is now accepting applications. If you are a small business owner affected by the COVID-19 pandemic, I encourage you to work with your local lender to utilize the following resources:
Have you had trouble getting in contact with DWD regarding your unemployment insurance? If so, please contact my office, so we can help expedite the process. We have been assisting constituents for weeks, as the call volume and number of applications submitted, has been unprecedented.
The Department of Workforce Development notes that between March 15 and April 6, the total number of new applications submitted for unemployment benefits was 313,068 with weekly claims reaching 589,616. The total amount in unemployment insurance benefits distributed equaled $68,759,154.
By comparison, during the same period in 2019, the total number of new applications totaled 17,748, with weekly claims of 155,148. The total number of unemployment benefits distributed during this period last year was $39,597,111.
As mentioned, DWD has been receiving an unprecedented number of calls. The following is a breakdown:
Week of March 15--86,000 calls received, 68,000 calls answered.
Week of March 22--1.4 million calls received, 295,000 calls answered.
Week of March 29--2.8 million calls received, 497,000 calls answered.
Weekly of April 5--1.7 million calls received, 336,000 calls received.
Currently, those whose calls are being completed are experiencing a wait time of approximately one hour.
If you have any additional comments, questions, or concerns regarding this information, please contact my office.
Stay up to date
One of the best ways to date with what is happening in Madison is to sign up for the legislature's notification tracking system. This service affords you with the opportunity to track legislative activities in Madison. Upon creation of a free account, you can sign up to receive notification about specific bills of committees as well as legislative activity pertaining to a subject (i.e., health care, education, etc.).
If you have any comments regarding the subject of this E-Update, please feel free to contact me.
Rep. Rob Brooks State Capitol, Room 216 North P.O. Box 8952 Madison, WI 53708 Toll-Free (888) 534-0060 or (608) 267-2369 Rep.Rob.Brooks@legis.wi.gov| |
