LRB-5122/1
TJD:amn
2021 - 2022 LEGISLATURE
November 11, 2021 - Introduced by Senator Kooyenga, cosponsored by
Representative Loudenbeck. Referred to Committee on Health.
SB687,1,2
1An Act to amend 50.33 (2d) (d) and 50.36 (5m) of the statutes;
relating to:
2hospital services provided in a home setting.
Analysis by the Legislative Reference Bureau
2021 Wisconsin Act 10 specifies standards for certain services provided by
hospitals in a home setting. “Hospital-associated services” as defined in Act 10 are
health care services that are the same type of services as those provided by a hospital
in an inpatient or outpatient facility, that are of the type for which a federal Medicare
program payment could be claimed as a hospital service, and that are provided in a
home setting instead of a setting that is approved as a hospital by the Department
of Health Services. If the federal Centers of Medicare and Medicaid Services (CMS)
has approved a hospital to provide any hospital-associated service, DHS may apply
and enforce as the state standard for the service the CMS rule or standard on the
hospital. A hospital that complies with Act 10 is not required to be licensed as a home
health agency to provide hospital-associated services. The provisions of Act 10 apply
to hospital-associated services provided before January 1, 2022. This bill eliminates
the termination date of these provisions in Act 10 and thus continues the application
of Act 10's provision.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB687,2,33
50.33
(2d) (d) The service is provided in a home setting
before January 1, 2022.
SB687,2,116
50.36
(5m) If the federal centers for medicare and medicaid services has
7approved a hospital to provide any hospital-associated service, the department may
8apply to and enforce upon the hospital as the state standard for the
9hospital-associated service any rule or standard that is required by the centers for
10medicare and medicaid services for the service.
This subsection does not apply on
11or after January 1, 2022.
