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LRBa1355/1
JPC&SWB:cdc&skw
2023 - 2024 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 1027
February 26, 2024 - Offered by Senator Cabral-Guevara.
SB1027-SA1,1,11 At the locations indicated, amend the bill as follows:
SB1027-SA1,1,2 21. Page 5, line 4: delete “par. (b)" and substitute “pars. (ar) and (b)".
SB1027-SA1,1,4 32. Page 5, line 6: after “may" insert “, including enrolling the incapacitated
4individual in the medical assistance program under subch. IV of ch. 49,".
SB1027-SA1,1,6 53. Page 5, line 10: delete lines 10 and 11 and substitute “decisions or authorize
6expenditures under this paragraph ends if any of the following occur:
SB1027-SA1,1,87 1. A court appoints a guardian to make such decisions for the incapacitated
8individual.
SB1027-SA1,1,99 2. The incapacitated individual is discharged to a setting that is not a facility.
SB1027-SA1,1,1110 3. A health care power of attorney that was not identified at the time that the
11patient's representative was established is identified.”.
SB1027-SA1,1,12 124. Page 5, line 11: after that line insert:
SB1027-SA1,1,13 13 Section 6m. 50.06 (5) (ar) of the statutes is created to read:
SB1027-SA1,2,3
150.06 (5) (ar) No patient's representative may consent to admission for an
2incapacitated individual in the manner provided in sub. (8) after the date that is 3
3years after the effective date of this paragraph .... [LRB insert date].”.
SB1027-SA1,2,4 45. Page 6, line 15: delete lines 15 to 18 and substitute:
SB1027-SA1,2,6 5“1g. The incapacitated individual is admitted directly from a hospital inpatient
6unit.
SB1027-SA1,2,87 1r. The patient's representative acknowledges in writing to a discharging
8hospital and accepting facility that he or she agrees to all of the following:
SB1027-SA1,2,109 a. The patient's representative does not have an activated power of attorney
10for health care and has not been adjudicated incompetent in this state.
SB1027-SA1,2,1311 b. The patient's representative agrees to make health care decisions regarding
12the admission to and care and treatment at the accepting facility on the
13incapacitated individual's behalf under this subsection.
SB1027-SA1,2,1614 c. The patient's representative agrees to authorize expenditures related to
15health care received at the accepting facility on the incapacitated individual's behalf
16under this subsection.
SB1027-SA1,2,1917 d. When acting on behalf of the incapacitated individual under this subsection,
18the patient's representative agrees to exercise the degree of care, diligence, and good
19faith that an ordinarily prudent person exercises in his or her own affairs.
SB1027-SA1,2,2120 e. The patient's representative understands his or her role and responsibilities
21as the patient's representative under this subsection.”.
SB1027-SA1,2,23 226. Page 6, line 19: after “notifies" insert “, in writing, the incapacitated
23individual and".
SB1027-SA1,2,24 247. Page 8, line 15: after that line insert:
SB1027-SA1,3,6
1“(fm) If an incapacitated individual is admitted to a facility pursuant to this
2subsection, the incapacitated individual, the patient's representative, or any facility
3staff may request that the incapacitated individual be reevaluated under s. 50.06 (4).
4The authority of a patient's representative to make health care decisions or authorize
5expenditures under this subsection ends if the individual is determined to no longer
6be incapacitated.
SB1027-SA1,3,77 (g) 1. In this paragraph:
SB1027-SA1,3,88 a. “Health care facility” has the meaning given in s. 155.01 (6).
SB1027-SA1,3,99 b. “Health care provider” has the meaning given in s. 155.01 (7).
SB1027-SA1,3,1110 2. No health care facility or health care provider may be charged with a crime,
11held civilly liable, or found guilty of unprofessional conduct for any of the following:
SB1027-SA1,3,1312 a. Certifying incapacity under s. 50.06 (4) if the certification is made in good
13faith based on a thorough examination of the individual.
SB1027-SA1,3,1814 b. Failing to comply with a decision of a patient's representative except that
15failure of a health care professional, as defined in s. 154.01 (3), to comply constitutes
16unprofessional conduct if the health care professional refuses or fails to make a good
17faith attempt to transfer the incapacitated patient to another health care
18professional who will comply.
SB1027-SA1,3,2119 c. Complying, in the absence of actual knowledge of a limitation or revocation
20of decision-making authority under par. (e), with the decisions of a patient's
21representative that is made in compliance with this subsection.
SB1027-SA1,3,2422 d. Acting contrary to or failing to act pursuant to any orders issued under par.
23(e), unless the health care facility or health care provider has actual knowledge of the
24order.
SB1027-SA1,4,4
1e. Failing to obtain a health care decision for a patient from a patient's
2representative if the health care facility or health care provider has made a
3reasonable attempt to contact the patient's representative and obtain the health care
4decision but has been unable to do so.
SB1027-SA1,4,85 3. In the absence of actual notice to the contrary, a health care facility or health
6care provider may presume that a patient's representative is authorized to make
7decisions on behalf of the incapacitated patient if the patient's representative has
8provided the written statement required under par. (a) 3.
SB1027-SA1,4,169 4. No patient's representative may be charged with a crime or held civilly liable
10for making a decision in good faith that is in compliance with this subsection, except
11where the patient's representative has acted in bad faith or has used the
12incapacitated patient's funds for the benefit of a person other than the incapacitated
13patient. No patient's representative who is not the spouse of the incapacitated
14patient may be held personally liable for any goods or services purchased or
15contracted for pursuant to the patient's representative's authority under this
16subsection.”.
SB1027-SA1,4,17 178. Page 8, line 15: after that line insert:
SB1027-SA1,4,20 18“(f) By April 1, 2025, and annually thereafter, the board on aging and long-term
19care shall report to the joint committee on finance on the number of patients
20admitted into a facility under this subsection.”.
SB1027-SA1,4,22 219. Page 8, line 18: delete the material beginning with “(a) Definitions." and
22ending with “program." on page 11, line 15, and substitute:
SB1027-SA1,5,8 23(a) No later than January 1, 2025, the department of health services shall
24submit a plan to the joint committee on finance to make available licensed nursing

1home beds under subch. II of ch. 150 to ensure an adequate number of beds are
2available to serve patients with complex needs and conditions statewide, including
3patients with mental health and behavioral needs, serious wound care needs,
4bariatrics, substance use disorder, nonambulatory disability, intravenous therapy
5needs, or dialysis needs. To assess demand for additional licensed nursing home beds
6in the state, the department of health services shall consult with hospitals and
7nursing homes. The maximum number of licensed nursing home beds statewide may
8be increased by 250 beds.”.
SB1027-SA1,5,9 910. Page 14, line 5: delete lines 5 and 6.
SB1027-SA1,5,10 1011. Page 14, line 12: after that line insert:
SB1027-SA1,5,14 11“(f) Upon completion of the evaluation required under par. (e) 2., the
12independent organization contracted by the department to complete the evaluation
13shall provide the evaluation to the department. The department shall promptly
14submit the evaluation to the joint committee on finance.
SB1027-SA1,5,2115 (g) No later than April 1, 2025, the department shall submit to the chief clerk
16of each house of the legislature, for distribution to the appropriate standing
17committees of the legislature in the manner required under s. 13.172 (3), a report on
18the performance of the program under this subsection, including the total number
19of patients served, the complex conditions addressed, the number of patients served
20and the number of patient days for each complex condition, and any cost savings
21associated with the program.”.
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