AB49: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB49,1 Section 1. 48.374 of the statutes is created to read:

AB49,2,2 48.374 Minor consent for medical care. (1) In this section:

AB49,2,5 (a) “Medically necessary care” means a medical service that is required to prevent, identify, or treat a recipient’s illness, injury, or disability and that meets all of the following standards:

AB49,2,7 1. The medical service is consistent with the recipient’s symptoms or with prevention, diagnosis, or treatment of the recipient’s illness, injury, or disability.

AB49,2,10 2. The medical service is provided in a manner that is consistent with standards of acceptable quality of care applicable to the type of medical service, the type of provider, and the setting in which the medical service is provided.

AB49,2,12 3. The medical service is appropriate with regard to generally accepted standards of medical practice.

AB49,2,15 4. The medical service is not medically contraindicated with regard to the recipient’s diagnosis, the recipient’s symptoms, or other medical services being provided to the recipient.

AB49,2,17 5. The medical service is of proven medical value or usefulness and is not experimental in nature.

AB49,3,2 6. The medical service is not duplicative with respect to other medical services being provided to the recipient.

AB49,3,4 7. The medical service is not provided solely for the convenience of the recipient, the recipient’s family, or a provider.

AB49,3,8 8. With respect to prior authorization of a medical service and to other prospective coverage determinations made by the department, the medical service is cost-effective compared to an alternative medical service that is reasonably accessible to the recipient.

AB49,3,10 9. The medical service is the most appropriate supply or level of service that can safely and effectively be provided to the recipient.

AB49,3,11 (b) “Unaccompanied youth” has the meaning given in 42 USC 11434a (6).

AB49,3,14 (2) Except as provided under s. 48.375, a minor may consent to, contract for, and receive medically necessary care without a parent’s or guardian’s permission, authority, or consent if all of the following apply:

AB49,3,15 (a) The minor is 14 years of age or older.

AB49,3,18 (b) The minor is not under the supervision of a county department, a licensed child welfare agency, the department, or the department of corrections under this chapter or ch. 938 or under the jurisdiction of the court.

AB49,3,21 (c) One of the following, who has obtained the minor’s consent to disclose the minor’s status as an unaccompanied youth, confirms in writing that the minor is an unaccompanied youth:

AB49,3,23 1. A local educational agency liaison for homeless children and youth designated under 42 USC 11432 (g) (1) (J) (ii).

AB49,4,1 2. A school social worker or counselor.

AB49,4,3 3. An employee who conducts intake at a shelter facility or transitional living program where the minor has been admitted under s. 48.9875.

AB49,4,6 4. The director, or his or her designee, of a governmental or nonprofit entity that receives public or private funding to provide services to individuals who are homeless or to unaccompanied youth.

AB49,4,7 5. An attorney representing the minor in any legal matter.

AB49,4,12 (3) (a) A physician or other qualified professional licensed to practice in this state who provides medically necessary care to a minor based on consent given by the minor in conformity with this section may not be held liable in a civil or criminal action for providing those services without having obtained permission from the minor’s parent or guardian.

AB49,4,15 (b) This section does not relieve a physician or other qualified professional licensed in this state from liability for negligence in the diagnosis or treatment of a minor.

AB49,4,17 (4) (a) Identification of a minor as an unaccompanied youth does not by itself establish that the minor has been abused or neglected.

AB49,4,19 (b) This section does not supersede the mandatory reporting requirements under s. 48.981.

AB49,4,21 (c) This section does not affect any rights a minor has to consent to treatment under ch. 51.

AB49,4,22 (end)