Wisconsin Legislature's changes to COVID-19 bill not necessarily for the better

Wanted to follow up on the bill to deal with COVID-19 in Wisconsin that got through the State Legislature and was signed by Governor Evers. As mentioned earlier, there were a number of state tax provisions that were adjusted to match up with the coronavirus bills that went through Congress 3 weeks ago, and the finalized bill in Wisconsin signed off on every one of those changed. In addition, the new act avoided a $100 million+ tax increase that Wisconsin small businesses could have susceptible to under the Paycheck Protection Program.

But that doesn't mean there weren't a few things that Legislative GOPs were able to change in the bill as it worked its way through. The Legislative Fiscal Bureau has a rundown of the amendment that was included in the COVID-19 relief bill. And one of those changes led to this response to Jim Palmer, who heads the Wisconsin Professional Police Association.

A special THANKS FOR NOTHING to @WIAssemblyGOP and @SpeakerVos for approving a relief package today that effectively provides ZERO RELIEF to first responders and other critical workers risking their health during this pandemic.

— Jim Palmer (@JimPalmerWI) April 14, 2020

Let’s look at the part that angered Palmer.

Worker's Compensation -- Presumptive Liability For COVID-19 Injuries. In applying the bill's presumption that a first responder's COVID-19 injury is a result of a person's employment, specify the person must have been exposed to others with confirmed cases of COVID-19 in the course of employment.

Further, modify the definition of "first responder" to include those providing medical treatment of COVID-19. The amendment would replace language defining a first responder as providing, among other occupations, "medical or other emergency services." The amendment would not affect the bill's inclusion of firefighters or law enforcement personnel as first responders.

Is there any point to redefining this, other than to refuse benefits to other non-medical personnel that might be associated with “first responders”, or other calls that don't directly have to do with COVID-19? And the part about being “exposed to others with confirmed cases of COVID-19”? That’s a lot for someone to try to remember when he/she is treating individuals, and good luck tracing back to which person might have exposed them as the proof.

Let's note that police have been especially hard hit during the COVID-19 outbreak, with reports this week of 18 Milwaukee Police officers already being infected, with another 43 under quarantine, and the Kenosha County Sheriff's Department putting in forced overtime and emergency scheduling because so many of their cops are off the job due to coronavirus concerns.

Officers and others that have medical conditions that require treatment in the coming months could also have fewer protections under a couple of amended provisions.

Liability For Providers Of Health Services During The Covid-19 Public Health Emergency. The amendment would modify a provision of AB 1038 that provides civil immunity for health care providers in certain circumstance to specify that the immunity applies to actions or omissions related to any health services provided or not provided in good faith, rather than to actions or omissions that are taken in providing services to specifically address or in response to the COVID-19 outbreak.

Out-of-Network Charges and Payments During a Public Health Emergency Related to COVID-19. The amendment would modify a provision of AB 1038 that establishes restrictions on out-of-network charges for health services (when an in-network provider is unavailable) that are provided during the state public health emergency declared by the Governor on March 12, 2020, or during the public health emergency related to COVID-19 declared by the federal Secretary of the Department of Health and Human Services, to specify that the provision applies only during the state public health emergency declared by the Governor and during the 60 days following the date that the state public health emergency period terminates. References to the federal public health emergency would be deleted.

Both of these have sketchiness. The first one seems to indicate that health care providers can’t face lawsuits for messing up a procedure that isn’t related to COVID-19 as long as they say “Well, we meant well.” And the second one shortens the time frame that people would be less susceptible to “surprise medical bills” associated with COVID-19 treatment that is done outside of someone’s health insurance network.

Another amendment to the bill involves a report that the Wisconsin Economic Development Corporation is ordered to give in 2 ½ months that identifies how coronavirus and the related shutdowns harmed a number of industries, and how WEDC is going to help them. And it’s an interesting choice of industry.

The amendment would require the Wisconsin Economic Development Corporation (WEDC) to include "forest products" as one of the major industries in Wisconsin for which it must include a plan for providing support in response to the COVID-19 public health emergency. Under the bill, WEDC would be required to submit a plan to support certain major industries to the Governor and the chief clerk of each house of the Legislature no later than June 30, 2020.

If you think this sounds like something intentionally thrown in to appease certain Northwoods businesses, then brilliant minds think alike.

By the way, here’s the list of the other reported industries, which was part of the original bill.

Require the Wisconsin Economic Development Corporation to submit to the Governor and the chief clerk of each house of the Legislature, no later than June 30, 2020, a report that includes a plan for providing support to the major industries in this state that have been adversely affected by the COVID-19 public health emergency, including tourism, manufacturing, agriculture, construction, retail, and services.

The whole WEDC report just seems like a cheap attempt to allow GOPs to whine that Evers Administration isn’t doing…something. WisGOP won’t give any details on what they’d do to get us through this economic mess, mind you. But that’s how you roll when your politics is based on stirring up rubes through AM talk radio, I suppose.

There is still a lot more good than bad in this bill, which is why Governor Evers signed it within hours of the Legislature passing it on Thursday, and it’ll at least start to mitigate some of the damage from this pandemic (especially with retroactive unemployment pay via removal of the 1-week waiting period and getting COVID testing paid for by the feds). But it’s pathetic that GOPs found a reason to include interest-group junk while removing protections for Wisconsinites into a bill that should be for the benefit of all of us.