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KMS:cdc&skw
2023 - 2024 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 257
October 2, 2023 - Offered by Senator Jacque.
SB257-SSA1,1,3 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:
SB257-SSA1,1 4Section 1. 50.083 of the statutes is created to read:
SB257-SSA1,1,6 550.083 Visitation by essential visitor or clergy during a communicable
6disease outbreak.
(1) Definitions. In this section:
SB257-SSA1,1,97 (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).
SB257-SSA1,1,1010 (b) “Essential visitor” means any of the following:
SB257-SSA1,2,3
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.
SB257-SSA1,2,64 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.
SB257-SSA1,2,77 (c) “Member of the clergy” has the meaning given in s. 765.002 (1).
SB257-SSA1,2,88 (d) “Nursing home" has the meaning given in s. 50.01 (3).
SB257-SSA1,2,13 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.
SB257-SSA1,2,19 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 of the assisted living facility or nursing
18home, to enter the assisted living facility or nursing home to visit the resident in
19compassionate care situations, including any of the following:
SB257-SSA1,2,2220 a. The resident has recently been admitted to the assisted living facility or
21nursing home and is experiencing difficulty in adjusting to the change in
22environment and lack of family presence.
SB257-SSA1,2,2323 b. The resident is grieving the recent death of a friend or family member.
SB257-SSA1,2,2524 c. The resident is experiencing weight loss or dehydration due to lack of support
25from family or caregivers when eating or drinking.
SB257-SSA1,3,2
1d. The resident is experiencing emotional distress or a decline in ability or
2willingness to communicate.
SB257-SSA1,3,53 2. Subject to par. (b), each assisted living facility and nursing home shall allow
4at least one member of the clergy to visit with a resident of the assisted living facility
5or nursing home.
SB257-SSA1,3,106 (b) An assisted living facility or a nursing home may deny visitation with a
7resident to any essential visitor or member of the clergy who refuses to comply with
8any policies of the assisted living facility or nursing home that are in place to protect
9the health and safety of the essential visitor or member of the clergy, other visitors,
10residents, and staff in the assisted living facility or nursing home.
SB257-SSA1,3,1311 (c) If the federal centers for medicare and medicaid services issues guidance
12that is more restrictive in allowing visitation than par. (a), an assisted living facility
13or nursing home may comply with that guidance instead of complying with par. (a).
SB257-SSA1,3,16 14(4) Complaints. An individual may file a complaint with the department
15against an assisted living facility or a nursing home for failure to comply with this
16section.
SB257-SSA1,2 17Section 2. 50.373 of the statutes is created to read:
SB257-SSA1,3,19 1850.373 Visitation by essential visitor or clergy during a communicable
19disease outbreak.
(1) Definitions. In this section:
SB257-SSA1,3,2020 (a) “Essential visitor” means any of the following:
SB257-SSA1,3,2321 1. An individual to visit and provide support to a patient in a hospital who is
22designated by the patient or the patient's guardian or agent under an activated
23power of attorney for health care.
SB257-SSA1,3,2524 2. The guardian of a patient in a hospital or the agent under an activated power
25of attorney for health care of a patient in a hospital.
SB257-SSA1,4,1
1(b) “Hospital” has the meaning given in s. 50.33 (2).
SB257-SSA1,4,22 (c) “Member of the clergy” has the meaning given in s. 765.002 (1).
SB257-SSA1,4,5 3(2) Applicability. At any time a hospital limits visitors due to an outbreak or
4epidemic of communicable disease in the community in which the hospital is located,
5the hospital shall conform its visitation policy to this section.
SB257-SSA1,4,7 6(3) Hospital visitation during a communicable disease outbreak. (a) A
7hospital shall allow the following visitations, except as provided in pars. (b) and (c):
SB257-SSA1,4,98 1. At least one member of the clergy may visit a patient to pray with the patient
9or offer spiritual support for the patient in any of the following situations:
SB257-SSA1,4,1010 a. The patient is nearing end of life.
SB257-SSA1,4,1211 b. The patient is grieving the recent death of a friend or family member and has
12requested spiritual support.
SB257-SSA1,4,1413 c. The patient is experiencing a life-threatening condition identified in the
14hospital's visitation policy and has requested spiritual support.
SB257-SSA1,4,1615 2. At least one essential visitor may visit a patient in any of the following
16situations:
SB257-SSA1,4,1717 a. The patient is nearing end of life.
SB257-SSA1,4,1818 b. The patient is grieving the recent death of a friend or family member.
SB257-SSA1,4,2219 c. In the judgement of the attending health care professional, as defined in s.
20154.01 (1r), the benefits of the presence of the essential visitor outweighs the
21potential negative impacts that the essential visitor's presence might have on other
22patients, visitors, and staff in the hospital.
SB257-SSA1,4,2423 (b) A hospital may deny visitation with a patient to a member of the clergy or
24an essential visitor if any of the following applies:
SB257-SSA1,5,3
11. The member of the clergy or essential visitor refuses to comply with any
2policies of the hospital that are in place to protect the health and safety of the member
3of the clergy or essential visitor, other visitors, patients, and staff in the hospital.
SB257-SSA1,5,74 2. It is unknown if the member of the clergy or essential visitor is contagious
5with a communicable disease that poses a substantial risk to others and adequate
6precautions are not available to reasonably prevent the member of the clergy or
7essential visitor from infecting others at the hospital.
SB257-SSA1,5,118 3. The patient is known or suspected to be contagious with a communicable
9disease that poses a substantial risk to others and adequate precautions are not
10available to reasonably prevent the member of the clergy or essential visitor from
11becoming infected by the patient.
SB257-SSA1,5,1312 4. The patient has expressed that the patient does not wish to visit with the
13member of the clergy or essential visitor.
SB257-SSA1,5,1614 5. The hospital's policy requires the patient, or the patient's guardian or agent
15under an activated power of attorney for health care, to consent to the visitation and
16that consent has not been given.
SB257-SSA1,5,1817 6. The patient is in the custody of a law enforcement officer and the law
18enforcement officer refuses to allow access to the patient for the visitation.
SB257-SSA1,5,2219 (c) If the federal centers for disease control and prevention or the federal
20centers for medicare and medicaid services issues guidance that is more restrictive
21in allowing visitation than par. (a), a hospital may comply with that guidance instead
22of complying with par. (a).
SB257-SSA1,5,24 23(4) Complaints. An individual may file a complaint with the department
24against a hospital for failure to comply with this section.
SB257-SSA1,3 25Section 3. 146.95 (2) (b) (intro.) of the statutes is amended to read:
SB257-SSA1,6,3
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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