AB49,1,2
1An Act to create 48.374 of the statutes; relating to: a minor’s authority to
2consent to health care. Analysis by the Legislative Reference Bureau
This bill allows a minor who is an unaccompanied youth to consent to, contract for, and receive medically necessary care without a parent’s or guardian’s permission, authority, or consent under certain circumstances. The bill defines “unaccompanied youth” as the term is defined under federal law, which is a homeless youth not in the physical custody of a parent or guardian. The bill defines “medically necessary care” as a medical service that is required to prevent, identify, or treat a recipient’s illness, injury, or disability and that meets a set of standards specified in the bill.
Under the bill, in order to consent to health care, such a minor must be at least 14 years of age and must not be under the supervision of a county department of human services or social services, a licensed child welfare agency, the Department of Children and Families, or the Department of Corrections. Also under the bill, one of the following must confirm in writing that the minor is an unaccompanied youth: a local educational agency liaison for homeless children and youths designated under federal law, a school social worker or counselor, an employee who conducts intake at a shelter facility or transitional living program where the minor has been admitted as an unaccompanied youth under current law, or 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.
Under the bill, a professional who provides medically necessary care to a minor based on the minor’s consent given in conformity with the bill 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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB49,1
1Section 1. 48.374 of the statutes is created to read: AB49,2,2248.374 Minor consent for medical care. (1) In this section: AB49,2,53(a) “Medically necessary care” means a medical service that is required to 4prevent, identify, or treat a recipient’s illness, injury, or disability and that meets 5all of the following standards: AB49,2,761. The medical service is consistent with the recipient’s symptoms or with 7prevention, diagnosis, or treatment of the recipient’s illness, injury, or disability. AB49,2,1082. The medical service is provided in a manner that is consistent with 9standards of acceptable quality of care applicable to the type of medical service, the 10type of provider, and the setting in which the medical service is provided. AB49,2,12113. The medical service is appropriate with regard to generally accepted 12standards of medical practice. AB49,2,15134. The medical service is not medically contraindicated with regard to the 14recipient’s diagnosis, the recipient’s symptoms, or other medical services being 15provided to the recipient. AB49,2,17165. The medical service is of proven medical value or usefulness and is not 17experimental in nature. AB49,3,2
16. The medical service is not duplicative with respect to other medical services 2being provided to the recipient. AB49,3,437. The medical service is not provided solely for the convenience of the 4recipient, the recipient’s family, or a provider. AB49,3,858. With respect to prior authorization of a medical service and to other 6prospective coverage determinations made by the department, the medical service 7is cost-effective compared to an alternative medical service that is reasonably 8accessible to the recipient. AB49,3,1099. The medical service is the most appropriate supply or level of service that 10can safely and effectively be provided to the recipient. AB49,3,1111(b) “Unaccompanied youth” has the meaning given in 42 USC 11434a (6). AB49,3,1412(2) Except as provided under s. 48.375, a minor may consent to, contract for, 13and receive medically necessary care without a parent’s or guardian’s permission, 14authority, or consent if all of the following apply: AB49,3,1515(a) The minor is 14 years of age or older. AB49,3,1816(b) The minor is not under the supervision of a county department, a licensed 17child welfare agency, the department, or the department of corrections under this 18chapter or ch. 938 or under the jurisdiction of the court. AB49,3,2119(c) One of the following, who has obtained the minor’s consent to disclose the 20minor’s status as an unaccompanied youth, confirms in writing that the minor is an 21unaccompanied youth: AB49,3,23221. A local educational agency liaison for homeless children and youth 23designated under 42 USC 11432 (g) (1) (J) (ii). AB49,4,1
12. A school social worker or counselor. AB49,4,323. An employee who conducts intake at a shelter facility or transitional living 3program where the minor has been admitted under s. 48.9875. AB49,4,644. The director, or his or her designee, of a governmental or nonprofit entity 5that receives public or private funding to provide services to individuals who are 6homeless or to unaccompanied youth. AB49,4,775. An attorney representing the minor in any legal matter. AB49,4,128(3) (a) A physician or other qualified professional licensed to practice in this 9state who provides medically necessary care to a minor based on consent given by 10the minor in conformity with this section may not be held liable in a civil or criminal 11action for providing those services without having obtained permission from the 12minor’s parent or guardian. AB49,4,1513(b) This section does not relieve a physician or other qualified professional 14licensed in this state from liability for negligence in the diagnosis or treatment of a 15minor. AB49,4,1716(4) (a) Identification of a minor as an unaccompanied youth does not by itself 17establish that the minor has been abused or neglected. AB49,4,1918(b) This section does not supersede the mandatory reporting requirements 19under s. 48.981. AB49,4,2120(c) This section does not affect any rights a minor has to consent to treatment 21under ch. 51.
