On December 22, 2023, the State Supreme Court issued a ruling that Wisconsin’s state legislative district maps are unconstitutional and the maps for each such district must be redrawn before the 2024 elections.  State Supreme Court justices voted 4-3 in favor of this ruling.  The decision focused on specific state legislative districts that include non-contiguous portions of land, which the court found violated the state constitution.

Specifically, the court ruled that the legislature must redraw the boundaries for each state Assembly and state Senate district in advance of the August 2024 primary election.  If the legislature and Governor Evers are not able to agree on legislation creating new district boundaries, the court noted that it will decide on the new boundaries.  As a practical matter, the state Elections Commission has stated that new district boundaries will need to be finalized by March 15, 2024. 

After the December 22 decision, Legislative Republicans asked the State Supreme Court to reconsider its decision. The State Supreme Court rejected that request.  Subsequently, the State Supreme Court requested that parties to the lawsuit submit new suggested district maps.  Seven such maps were submitted to the court on January 13.  At this point, two consultants hired by the court will review all these proposed new maps and submit their recommendations to the court by February 1.  At that point, the court will select the new state legislative maps, unless the Governor signs a bill creating new maps. 

In an unexpected twist, the GOP-controlled Senate and Assembly passed legislation the week of Jan. 22 to create new maps, giving little notice to legislative Democrats of Evers. Republican leadership said the new maps were very close to maps previously proposed by Evers with some small changes to ensure political fairness. Democrats blasted the maps and Evers indicated he would veto the legislation.

Assuming the State Supreme Court ultimately selects the new maps, it is possible that this case will be appealed to the U.S. Supreme Court.  

On January 8, state Assembly Republicans unveiled their draft bill permitting registered patients to access medical cannabis. 

Under the legislation, all prescribers who have a bona-fide relationship with a patient would be able to certify if a patient has a qualifying condition (prescribers are not mandated to make certifications if they choose not to for whatever reason). Qualifying conditions include cancer, HIV or AIDS, seizures and epilepsy, post-traumatic stress disorder, Alzheimer’s disease, glaucoma, severe chronic pain (narrowly defined in the legislation), severe chronic nausea, severe muscle spasms, multiple sclerosis, amyotrophic lateral sclerosis, chronic motor or vocal tic disorder, Tourette syndrome, inflammatory bowel disease, and any terminal illness with a probable life expectancy of less than one year.

After receiving a certification, the patient would register with the newly created Office of Medical Cannabis Regulation (OMCR) within the Department of Health Services (DHS). The OMCR would issue patients and caregivers (up to 3 chosen by each patient) “registry identification cards”. These cards would allow the patient or caregiver to go to one of the five state government-operated medical cannabis dispensaries where a licensed pharmacist will consult on dosage and dispense medical cannabis to a patient or caregiver.  The bill allows medical cannabis concentrates, oils, tinctures, edibles, pills, topical forms, gels, creams, vapors, patches, liquids, or forms administered by a nebulizer. The bill does not allow smokeable cannabis. All forms of cannabis would need to be dispensed in child/tamper proof containers. 

As of the writing of this newsletter, this bill has not yet been introduced.  However, it is likely that the full Assembly – and possibly the full Senate – will vote on this bill before the end of the 2023-2024 legislative session.

In mid-January, the state Department of Health Services (DHS) announced their recommendation that young children living in Wisconsin should have their blood tested for lead.  Specifically, DHS recommends that all children between the ages 1 and 2 should receive this test.  Also, DHS recommends that any child between the ages of 3 and 5 who has not been tested, should be tested.  Further, any child under the age of 6 who lives in the City of Milwaukee may need to be tested, according to the City of Milwaukee Health Department guidelines.  For further information, please go to the DHS website. 

In December 2023, the state Department of Health Services (DHS) announced that it would extend its free telehealth service to ensure rapid access to COVID-19 antiviral drugs through April 10, 2024.  With this service in place, any Wisconsinite 18 years of age or older who tests positive for COVID-19 is able to receive a telehealth consultation with a health care professional seven days a week during the hours of 8:00AM – 8:00PM.  If the patient is eligible for treatment, the patient will receive a prescription for a COVID-19 antiviral drug that may be filled at a pharmacy.  If the patient does not have access to a pharmacy, the prescription drug will be shipped overnight to the patient.  For more information, go to the DHS website. 

In recent weeks, the state Department of Health Services (DHS) released a Forward Health Update entitled “Home Health Care Services Electronic Visit Verification Soft Launch Announcement.”  

Starting on January 1, 2024, DHS will require home health agencies to use an electronic visit verification (EVV) system if they are providing home health services covered by Medicaid.  This is being implemented to ensure that the State of Wisconsin receives its full allocation of Medicaid funding from the federal government. 

If you have any questions about EVV implementation, please contact DHS EVV Customer Care at 1-833-931-2035 or VDXC.ContactEVV@wisconsin.gov from Monday through Friday, 7:00AM – 6:00PM (Central Time). 

On Wednesday, December 6, WiAHC Board Chair Jayne Thill and her Compassus colleague and fellow WiAHC member Brenda Lefeber met with state Senator Rachael Cabral-Guevara (R-Appleton). Cabral-Guevara, who currently serves as chair of the Senate Health Committee, is also a nurse practitioner and worked in home health care early in her career. 

During the meeting, the group discussed the value of home health care and the regulatory and policy challenges the home health industry faces. Their conversation also touched on the challenges with prior authorization for home health care. Sen. Cabral Guevara not only expressed an interest in our issues, offered her help on prior authorization obstacles.

On November 30, Senator Melissa Agard (D-Madison) announced her candidacy for the position of Dane County Executive.  As such, she immediately stepped down as Senate Democratic Leader. Very soon thereafter, Senate Democrats elected Senator Dianne Hesselbein – who represents a Senate district in the western Madison suburbs – to be the new Senate Democratic Leader.  Senator Hesselbein assumed that position immediately after being elected.

Once Senator Hesselbein was elected as Senate Democratic Leader, she resigned from most of her committee positions – including her role as the top Democrat on the Senate Health Committee.  Soon thereafter, she announced committee changes for Senate Democrats.  Of interest to WiAHC, Senator LaTonya Johnson of Milwaukee is the new top Democrat on the Senate Health Committee and Senator Tim Carpenter of Milwaukee is a new member of the Senate Committee on Mental Health, Substance Abuse Prevention, Children and Families.  It’s notable that Senator LaTonya Johnson is also the top Democrat on the Senate Committee on Mental Health, Substance Abuse Prevention, Children and Families. 

In early December, the state Department of Health Services announced that it updated its webpage addressing post-COVID-19 pandemic Medicaid renewal data to include an interactive dashboard.  Specifically, this dashboard includes enrollment data for BadgerCare Plus, Medicaid and other programs that are funded by the state government.  DHS will update this page on the third Thursday of each month – by 2:00pm.

In mid-November, the state Department of Health Services announced that tobacco and vape product use among underage individuals increased by 1.7% from 2022 to 2023.  Specifically, it increased from 11.9% in 2022 to 13.6% in 2023.  This research is based on an “underage” definition of individuals younger than 21.  Per a federal law enacted in 2019, the minimum age to purchase tobacco and vape products was increased from 18 to 21.  However, despite efforts in the Legislature, Wisconsin has not updated state law to increase the minimum age from 18 to 21.  There are seven other states that also have not updated their respective state laws in a similar manner.