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LRB-4004/1
SWB:klm
2017 - 2018 LEGISLATURE
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.
AB1015,1,2 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:
AB1015,1 3Section 1. 146.901 of the statutes is created to read:
AB1015,1,4 4146.901 Emergency service rates for the uninsured. (1) In this section:
AB1015,1,65 (a) “Emergency services” means those services required to examine, treat, and
6stabilize an emergency medical condition in accordance with 42 USC 1395dd.
AB1015,2,2
1(b) “Family income” means the sum of a family's annual earnings and cash
2benefits from all sources before taxes, less payments made for child support.
AB1015,2,33 (c) “Hospital” has the meaning given in s. 50.33 (2).
AB1015,2,44 (d) “Medicare” has the meaning given in s. 146.903 (1) (f).
AB1015,2,65 (e) “Uninsured patient" means a patient of a hospital who meets all of the
6following criteria:
AB1015,2,77 1. Is a resident of this state.
AB1015,2,88 2. Is not covered under a policy of health insurance.
AB1015,2,129 3. Is not a beneficiary under a public or private health insurance, health
10benefit, or other health coverage program, including high deductible health
11insurance plans, worker's compensation, accident liability insurance, or other 3rd
12party liability.
AB1015,2,16 13(2) A hospital may not, for emergency services, charge an uninsured patient
14whose family income is less than 200 percent of the federal poverty line, as defined
15under 42 USC 9902 (2), a rate that exceeds 115 percent of the allowable charges
16under the federal Medicare program for those services.
AB1015,2 17Section 2. Initial applicability.
AB1015,2,1918 (1) This act first applies to charges for emergency services, as defined in section
19146.901 (a), as created by this act, incurred on the effective date of this subsection.
AB1015,2,2020 (End)
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