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2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 257
December 18, 2023 - Offered by Representative Wichgers.
AB257-ASA2,1,3 1An Act to amend 146.95 (2) (b) (intro.); and to create 50.083 and 50.373 of the
2statutes; relating to: visitation of a long-term care facility resident or hospital
3patient during a communicable disease outbreak.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB257-ASA2,1 4Section 1 . 50.083 of the statutes is created to read:
AB257-ASA2,1,6 550.083 Visitation by essential visitor or clergy during a communicable
6disease outbreak.
(1) Definitions. In this section:
AB257-ASA2,1,97 (a) “Assisted living facility" means a community-based residential facility, as
8defined in s. 50.01 (1g), a residential care apartment complex, as defined in s. 50.01
9(6d), or an adult family home, as defined in s. 50.01 (1) (b).
AB257-ASA2,1,1010 (b) “Essential visitor” means any of the following:
AB257-ASA2,2,3
11. An individual to visit and provide support to a resident in an assisted living
2facility or nursing home who is designated by the resident or the resident's guardian
3or agent under an activated power of attorney for health care.
AB257-ASA2,2,64 2. The guardian of an assisted living facility or nursing home resident or the
5agent under an activated power of attorney for health care for an assisted living
6facility or nursing home resident.
AB257-ASA2,2,77 (c) “Member of the clergy” has the meaning given in s. 765.002 (1).
AB257-ASA2,2,88 (d) “Nursing home" has the meaning given in s. 50.01 (3).
AB257-ASA2,2,13 9(2) Applicability. At any time an assisted living facility or a nursing home
10limits visitors due to an outbreak or epidemic of communicable disease in the
11community in which the assisted living facility or nursing home is located, the
12assisted living facility or nursing home shall conform its visitation policy to this
13section.
AB257-ASA2,2,20 14(3) Assisted living facility and nursing home visitation during a
15communicable disease outbreak.
(a) 1. Subject to pars. (b) and (c), each assisted
16living facility and nursing home shall allow at least one essential visitor, who agrees
17to comply with any public health policies and infection prevention and control
18protocols of the assisted living facility or nursing home, to enter the assisted living
19facility or nursing home to visit the resident in compassionate care situations,
20including any of the following:
AB257-ASA2,2,2321 a. The resident has recently been admitted to the assisted living facility or
22nursing home and is experiencing difficulty in adjusting to the change in
23environment and lack of family presence.
AB257-ASA2,2,2424 b. The resident is grieving the recent death of a friend or family member.
AB257-ASA2,2,2525 c. The resident is nearing end of life.
AB257-ASA2,3,4
1d. In the judgment of the attending health care professional, as defined in s.
2154.01 (1r), the benefits of the presence of the essential visitor outweighs the
3potential negative impacts that the essential visitor's presence might have on other
4patients, visitors, and staff in the assisted living facility or nursing home.
AB257-ASA2,3,75 2. Subject to par. (b), each assisted living facility and nursing home shall allow
6at least one member of the clergy to visit with a resident of the assisted living facility
7or nursing home.
AB257-ASA2,3,108 (b) An assisted living facility or a nursing home may deny visitation with a
9resident to any member of the clergy or essential visitor if any of the following
10applies:
AB257-ASA2,3,1411 1. The member of the clergy or essential visitor refuses to comply with any
12policies of the assisted living facility or nursing home that are in place to protect the
13health and safety of the member of the clergy or essential visitor, other visitors,
14residents, and staff in the assisted living facility or nursing home.
AB257-ASA2,3,1815 2. It is unknown if the member of the clergy or essential visitor is contagious
16with a communicable disease that poses a substantial risk to others and adequate
17precautions are not available to reasonably prevent the member of the clergy or
18essential visitor from infecting others at the assisted living facility or nursing home.
AB257-ASA2,3,2219 3. The resident is known or suspected to be contagious with a communicable
20disease that poses a substantial risk to others and adequate precautions are not
21available to reasonably prevent the member of the clergy or essential visitor from
22becoming infected by the resident.
AB257-ASA2,3,2423 4. The resident has expressed that the resident does not wish to visit with the
24member of the clergy or essential visitor.
AB257-ASA2,4,4
1(c) If the federal centers for disease control and prevention or the federal
2centers for medicare and medicaid services issues guidance that is more restrictive
3in allowing visitation than par. (a), an assisted living facility or nursing home may
4comply with that guidance instead of complying with par. (a).
AB257-ASA2,4,7 5(4) Complaints. An individual may file a complaint with the department
6against an assisted living facility or a nursing home for failure to comply with this
7section.
AB257-ASA2,4,11 8(5) Immunity. A health care professional, assisted living facility, nursing home,
9or employee, agent, or contractor of an assisted living facility or nursing home is
10immune from any civil or criminal liability for any act or omission while allowing
11visitation pursuant to sub. (3) (a).
AB257-ASA2,2 12Section 2 . 50.373 of the statutes is created to read:
AB257-ASA2,4,14 1350.373 Visitation by essential visitor or clergy during a communicable
14disease outbreak.
(1) Definitions. In this section:
AB257-ASA2,4,1515 (a) “Essential visitor” means any of the following:
AB257-ASA2,4,1816 1. An individual to visit and provide support to a patient in a hospital who is
17designated by the patient or the patient's guardian or agent under an activated
18power of attorney for health care.
AB257-ASA2,4,2019 2. The guardian of a patient in a hospital or the agent under an activated power
20of attorney for health care of a patient in a hospital.
AB257-ASA2,4,2121 (b) “Hospital” has the meaning given in s. 50.33 (2).
AB257-ASA2,4,2222 (c) “Member of the clergy” has the meaning given in s. 765.002 (1).
AB257-ASA2,4,25 23(2) Applicability. At any time a hospital limits visitors due to an outbreak or
24epidemic of communicable disease in the community in which the hospital is located,
25the hospital shall conform its visitation policy to this section.
AB257-ASA2,5,2
1(3) Hospital visitation during a communicable disease outbreak. (a) A
2hospital shall allow the following visitations, except as provided in pars. (b) and (c):
AB257-ASA2,5,43 1. At least one member of the clergy may visit a patient to pray with the patient
4or offer spiritual support for the patient in any of the following situations:
AB257-ASA2,5,55 a. The patient is nearing end of life.
AB257-ASA2,5,76 b. The patient is grieving the recent death of a friend or family member and has
7requested spiritual support.
AB257-ASA2,5,98 c. The patient is experiencing a life-threatening condition identified in the
9hospital's visitation policy and has requested spiritual support.
AB257-ASA2,5,1110 2. At least one essential visitor may visit a patient in any of the following
11situations:
AB257-ASA2,5,1212 a. The patient is nearing end of life.
AB257-ASA2,5,1313 b. The patient is grieving the recent death of a friend or family member.
AB257-ASA2,5,1714 c. In the judgment of the attending health care professional, as defined in s.
15154.01 (1r), the benefits of the presence of the essential visitor outweighs the
16potential negative impacts that the essential visitor's presence might have on other
17patients, visitors, and staff in the hospital.
AB257-ASA2,5,1918 (b) A hospital may deny visitation with a patient to a member of the clergy or
19an essential visitor if any of the following applies:
AB257-ASA2,5,2220 1. The member of the clergy or essential visitor refuses to comply with any
21policies of the hospital that are in place to protect the health and safety of the member
22of the clergy or essential visitor, other visitors, patients, and staff in the hospital.
AB257-ASA2,6,223 2. It is unknown if the member of the clergy or essential visitor is contagious
24with a communicable disease that poses a substantial risk to others and adequate

1precautions are not available to reasonably prevent the member of the clergy or
2essential visitor from infecting others at the hospital.
AB257-ASA2,6,63 3. The patient is known or suspected to be contagious with a communicable
4disease that poses a substantial risk to others and adequate precautions are not
5available to reasonably prevent the member of the clergy or essential visitor from
6becoming infected by the patient.
AB257-ASA2,6,87 4. The patient has expressed that the patient does not wish to visit with the
8member of the clergy or essential visitor.
AB257-ASA2,6,119 5. The hospital's policy requires the patient, or the patient's guardian or agent
10under an activated power of attorney for health care, to consent to the visitation and
11that consent has not been given.
AB257-ASA2,6,1312 6. The patient is in the custody of a law enforcement officer and the law
13enforcement officer refuses to allow access to the patient for the visitation.
AB257-ASA2,6,1714 (c) If the federal centers for disease control and prevention or the federal
15centers for medicare and medicaid services issues guidance that is more restrictive
16in allowing visitation than par. (a), a hospital may comply with that guidance instead
17of complying with par. (a).
AB257-ASA2,6,19 18(4) Complaints. An individual may file a complaint with the department
19against a hospital for failure to comply with this section.
AB257-ASA2,6,22 20(5) Immunity. A health care professional, hospital, or employee, agent, or
21contractor of a hospital is immune from any civil or criminal liability for any act or
22omission while allowing visitation pursuant to sub. (3) (a).
AB257-ASA2,3 23Section 3 . 146.95 (2) (b) (intro.) of the statutes is amended to read:
AB257-ASA2,7,3
1146.95 (2) (b) (intro.) Subject to s. 51.61 for a treatment facility, and except as
2provided in ss. 50.083 and 50.373,
an inpatient health care facility may deny
3visitation with a patient to any person if any of the following applies:
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