The State Legislature passed, and the Governor has signed, the state's COVID-19 response package, which includes liability immunity provisions. A late amendment broadens the measure and ensures there is no ambiguity about protections applying to COVID and non-COVID patients alike.  

The legislation also includes provisions that will help the state draw down additional federal dollars for Medicaid as well as a provision related to out of network billing.  

Below is the liability immunity language as adopted.

SECTION 98. 895.4801 of the statutes is created to read:

895.4801 Immunity for health care providers during COVID-19 emergency.

(1) DEFINITIONS. In this section:

(a) “Health care professional” means an individual licensed, registered, or certified by the medical examining board under subch. II of ch. 448 or the board of nursing under ch. 441.

(b) “Health care provider” has the meaning given in s. 146.38 (1) (b) and includes an adult family home, as defined in s. 50.01 (1).

(2) IMMUNITY. Subject to sub. (3), any health care professional, health care provider, or employee, agent, or contractor of a health care professional or 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 that satisfy all of the following:

(a) The action or omission is committed while the professional, provider, employee, agent, or contractor is providing services during the state of emergency declared under s. 323.10 on March 12, 2020, by executive order 72, or the 60 days following the date that the state of emergency terminates.

(b) The actions or omissions relate to health services provided or not provided in good faith or are substantially consistent with any of the following:

1. Any direction, guidance, recommendation, or other statement made by a federal, state, or local official to address or in response to the emergency or disaster declared as described under par. (a). 
2. Any guidance published by the department of health services, the federal department of health and human services, or any divisions or agencies of the federal department of health and human services relied upon in good faith.

(c) The actions or omissions do not involve reckless or wanton conduct or intentional misconduct.

(3) APPLICABILITY. This section does not apply if s. 257.03, 257.04, 323.41, or 323.44 applies. 

Brad Burmeister, MD, an emergency physician and President-Elect of Wisconsin ACEP, continues his COVID-19 discussion with Fox 11-Green Bay "Good Day Wisconsin" morning show.  View interview here. 

The Emergency Medicine Foundation is awarding funding of up to $100,000 in new research grants on emergency medicine areas related to COVID-19. 

Topics may include, but are not limited to, the following:

• Personal Protective Equipment (PPE), including Design, Cleaning, Re-use
• Ventilator Scarcity
• Telemedicine
• Laboratory Testing
• Rapid Screening, Triage and Testing
• Clinical Diagnosis
• Epidemiology of Disease
• Therapeutics
• Diagnostic Radiology, including Point of Care Ultrasound
• Emergency Medicine Workforce, including Safety
• Emergency Physician Wellness
• Special Populations, such as High Risk, Homeless, Non-English Speaking, Transplantation Patients

Proposals are due June 5, 2020.  Learn more and read the RFP.

Governor Evers announced that the state is seeking volunteers to support Wisconsin's healthcare system during the COVID-19 pandemic. Active and retired healthcare professionals and those who wish to help in non-clinical support positions are encouraged to sign up to volunteer through the Wisconsin Emergency Assistance Volunteer Registry (WEAVR). 

The number of patients in Wisconsin who need to be treated for COVID-19 is expected to surge in the coming weeks. Building a network of available volunteers now will greatly reduce the hardships on hospitals and clinics that would not normally have the capacity to care for the increase in patients. 

Both active and retired healthcare professionals can volunteer for critical clinical roles by entering their information into the WEAVR, a secure, password-protected, web-based volunteer registration system for healthcare and behavioral health professionals. Individuals who are not licensed professionals are also encouraged to sign up to volunteer for non-clinical support positions.

Volunteers will be assigned to locations across Wisconsin to support ongoing efforts related to the COVID-19 national emergency. Those who are willing to travel should note that when they sign up. All volunteers should also be aware that they will be required to complete a background check.

The full copy of the Governor’s press release is available online (link).

The American College of Emergency Physicians has launched the Field Guide to COVID-19 Care in the ED to assist emergency physicians on the front lines in the current crisis. The guide is a compilation of current knowledge on the evaluation and treatment of COVID-19.

It is a living document; ACEP will continue to update it as new information, guidance, and best practices evolve. Some sections are listed as "Coming" - that is because ACEP is working with NIH to develop the national guidelines for COVID-19. 

Brad Burmeister, MD, an emergency physician and President-Elect of Wisconsin ACEP, discussed COVID-19 during three segments on the April 7th Fox 11-Green Bay "Good Day Wisconsin" morning show.  View interview here. 

 

As the COVID-19 crisis continues, there are wide-ranging resources available for physicians and health care professionals. However, identifying which resources would benefit your health care practice is difficult.

The Wisconsin Medical Society (WisMed), gener8tor and WisMed Assure hosted a free webinar about the government resources available to independent physicians and health care practices, as it relates to the stimulus package. Topics covered include:

• Which federal grant/loan programs is my business eligible for?
• SBA Disaster Loan (e.g. Economic Injury Disaster Loan or EIDL)
• CARES Act and the Paycheck Protection Program (PPP)

View webinar, and visit the COVID-19 resource pages for  other important updates and information on the Wisconsin Medical Society's website.

The Wisconsin Chapter of the American College of Emergency Physicians (WACEP), whose member physicians are on the frontlines in the battle against the COVID-19 pandemic, strongly urge all Wisconsinites to stay home and avoid gatherings of any type.  

WACEP favors postponement of the April 7th Spring Election in Wisconsin. In lieu of such action, voters who have already received an absentee ballot are strongly encouraged to vote absentee and have their ballot postmarked by the deadline of April 7th, election day, and received by April 13th at 4:00 pm.

To stop the spread of COVID-19 and flatten the curve, Wisconsin must adhere to current emergency orders, recommended social distancing and make all efforts to stay at home when possible.  In our state, the worst days of this crisis are still ahead of us but will be more manageable if we all act responsibly.   

Governor Evers announced that Wisconsin has been granted a major disaster declaration for the entire state of Wisconsin, as a result of the COVID-19 pandemic. The declaration provides access to Public Assistance programs for all 72 Wisconsin counties and the state’s federally recognized tribes.

Gov. Evers earlier this week requested that the federal government provide the following programs to support the state’s response: Public Assistance, Direct Assistance, Hazard Mitigation (statewide), and certain Individual Assistance programs; Crisis Counseling, Community Disaster Loans and the Disaster Supplemental Nutrition Program.

The Federal Emergency Management Agency (FEMA) notified the state today that it is granting the request for Public Assistance to help provide reimbursement for emergency protective measures taken by state and local governments in their response to the COVID-19 outbreak. The declaration also authorizes direct Federal Assistance which means when the State and local governments lack the capability to perform or to contract for eligible emergency work and/or debris removal, the State may request that the work be accomplished by a federal agency. The governor’s additional requests for assistance remain under review.

The major disaster declaration covers assistance to public entities, and will cover eligible projects submitted by counties, cities, townships, tribes, and certain private, not-for-profit organizations. Local governments in the declared counties are now eligible for federal assistance and should contact county emergency management directors for further information. Under the program, FEMA provides 75 percent of eligible costs, while the remaining 25 percent is the responsibility of state and local agencies.

The Governor’s full press release is available online (link).

The Department of Health Services announced the creation of the Resilient Wisconsin Initiative (website) on Friday, which provides Wisconsinites with resources to cope with stress and mental health challenges from COVID-19.

DHS recommends that Wisconsinites do the following:

• Get the three goods. That’s good-for-you foods, a good night’s sleep, and a good amount of exercise every day.
• Stay connected to your support system. Reach out to family and friends, colleagues, and community groups in whatever way you can—calls, texts, video chats, and more.
• Spend time away from focusing on COVID-19. Don’t let the pandemic take over what you read, watch, or talk about. And don’t be afraid to ask friends and family to talk about something else.
• Reduce anxiety by reducing your risk. Stay safer at home. Wash your hands for at least 20 seconds. Cover your nose and mouth when you cough or sneeze. Stay at least 6 feet apart while running essential errands at the store, pharmacy, or gas station. Knowing you’re doing everything you can to stay healthy can help you worry less.
• Check in with yourself. Everyone’s reaction to stress is different. Difficulty concentrating or sleeping, irritability, fatigue, and even stomachaches can be normal. But if you find you are overwhelmed or having thoughts of self-harm or suicide, reach out for help right away. Text HOPELINE to 741741 or call the National Suicide Prevention Lifeline at 1-800-273-8255.