2017 Special Session
2017 - 2018 LEGISLATURE
Limit hospital charges for emergency care for uninsured patients
Preliminary Draft - Not Ready For Introduction
March 12, 2018 - Introduced by Representatives Anderson, C. Taylor, Berceau,
Zamarripa, Sargent, Subeck, Brostoff and Pope, cosponsored by Senators
Johnson, Vinehout and Risser. Referred to Committee on Insurance.
1An Act to create
146.901 of the statutes; relating to: limiting emergency care
2hospital rates for uninsured patients.
Analysis by the Legislative Reference Bureau
This bill prohibits hospitals from charging uninsured patients whose family
income is less than 200 percent of the federal poverty line a rate for emergency
services that exceeds 115 percent of the allowable charges under the federal
Medicare program for those services. Under the bill, an uninsured patient is defined
as a hospital patient who is a resident of this state, is not covered under a policy of
health insurance, and is not a beneficiary under a public or private health insurance,
health benefit, or other health coverage program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
146.901 of the statutes is created to read:
4146.901 Emergency service rates for the uninsured. (1)
In this section:
(a) “Emergency services” means those services required to examine, treat, and 2
stabilize an emergency medical condition in accordance with 42 USC 1395dd
(b) “Family income” means the sum of a family's annual earnings and cash 4
benefits from all sources before taxes, less payments made for child support.
(c) “Hospital” has the meaning given in s. 50.33 (2).
(d) “Medicare” has the meaning given in s. 146.903 (1) (f).
(e) “Uninsured patient" means a patient of a hospital who meets all of the 8
1. Is a resident of this state.
2. Is not covered under a policy of health insurance.
3. Is not a beneficiary under a public or private health insurance, health 12
benefit, or other health coverage program, including high deductible health 13
insurance plans, worker's compensation, accident liability insurance, or other 3rd 14
A hospital may not, for emergency services, charge an uninsured patient 16
whose family income is less than 200 percent of the federal poverty line, as defined 17
under 42 USC 9902
(2), a rate that exceeds 115 percent of the allowable charges 18
under the federal Medicare program for those services.
(1) This act first applies to charges for emergency services, as defined in section 21
146.901 (a), as created by this act, incurred on the effective date of this subsection.