SB1027,,2929a. To the best knowledge of the patient’s representative, a family member in a higher priority class under sub. (3) does not exist or no family member in a higher priority class is willing to make health care decisions on the incapacitated individual’s behalf under this subsection. SB1027,,3030b. To the best knowledge of the patient’s representative, the incapacitated individual does not have a health care agent, as defined in s. 155.01 (4), or guardian of the person, as defined in s. 54.01 (12). SB1027,,3131c. The incapacitated individual’s family members who have received notice as provided under subd. 2. SB1027,,32324. The facility to which the incapacitated individual is admitted under this subsection notifies a representative of the board on aging and long-term care of the admission no later than 72 hours after the admission. SB1027,,3333(b) A hospital discharging an incapacitated patient to a facility under this subsection shall be in compliance with 42 CFR 482.13 (b) (3) or 42 CFR 485.608 (a) regarding the implementation of the patient’s rights to formulate advance directives. A nursing home admitting the incapacitated individual shall be in compliance with the requirements under 42 CFR 483.10 (b) (3) to (6) that a resident be afforded the right to designate a representative, including the requirement that if the nursing home has reason to believe that a resident representative is making decisions or taking actions that are not in the best interests of the resident then the nursing home shall report such concerns as required by state law. SB1027,,3434(c) Nothing in this subsection may be construed to preclude the administration of health care treatment in accordance with accepted standards of medical practice and as otherwise provided by law. SB1027,,3535(d) The discharging hospital and the accepting facility shall include a copy of the written acknowledgment under par. (a) 1. and a copy of the written statement under par. (a) 3. in the incapacitated individual’s health care record. SB1027,,3636(e) Any interested party may petition the court to review whether the patient’s representative is acting in accordance with the known wishes or in the best interest of the incapacitated individual and is exercising the degree of care, diligence, and good faith when acting on behalf of the incapacitated individual that an ordinarily prudent person exercises in his or her own affairs. The court may issue orders that the court determines necessary to protect the incapacitated individual, including any of the following: SB1027,,37371. Directing the patient’s representative to act in the best interest of the incapacitated individual. SB1027,,38382. Requiring the patient’s representative to report to the court periodically on the incapacitated individual’s status. The court may require that the report include a financial accounting of expenditures made under sub. (5) (am) within 72 hours of the court’s order. SB1027,,39393. Directing the patient’s representative not to make certain decisions or authorize certain expenditures under sub. (5) (am). SB1027,1140Section 11. Nonstatutory provisions. SB1027,,4141(1) Allocation of nursing home beds. SB1027,,4242(a) Definitions. In this subsection, “department” means the department of health services. SB1027,,4343(b) Applicability. Beginning on July 1, 2024, the department shall allocate 250 nursing home beds as provided under this subsection. SB1027,,4444(c) Applications. The department shall request applications for nursing home beds allocated under this subsection. An applicant for nursing home beds allocated under this subsection shall submit an application to the department on a form provided by the department. The application shall include a plan for the applicant to satisfy all of the following criteria within 18 months of department approval: SB1027,,45451. Become licensed under subch. I of ch. 50 for the nursing home beds that the applicant requested in the application. SB1027,,46462. Become certified as a provider under the medical assistance program under subch. IV of ch. 49. SB1027,,47473. Hire sufficient health care personnel and expend sufficient resources to provide 24-hour nursing services. SB1027,,4848(d) Approval. SB1027,,49491. Within 30 days of receipt of an application under this subsection, the department shall review the application and, if it contains reasonable plans to satisfy the criteria under par. (c) within 18 months of approval, approve the application. The department shall review and approve applications in the order that the applications are received. If the department approves an application under this paragraph, the department shall award the applicant the number of nursing home beds requested in the application, subject to subd. 2. SB1027,,50502. If there is not a sufficient number of beds remaining under this subsection to award an applicant the number of nursing home beds requested in the application, the department shall contact the applicant and determine whether the applicant will accept some or all of the remaining beds under this subsection instead of the beds requested in the application. If the applicant is willing to accept some or all of the remaining beds under this subsection instead of the beds requested in the application, the department shall award those beds. If the applicant is not willing to accept some or all of the remaining beds under this subsection, the department shall discard the application. SB1027,,51513. The department shall continue to request applications for nursing home beds and approve applications as provided under this paragraph until the department awards all nursing home beds allocated under this subsection. SB1027,,5252(e) Conditions of approval. As a condition of being awarded nursing home beds under this subsection, an applicant shall agree to do all of the following: SB1027,,53531. Prioritize admissions of patients with complex needs and conditions, such as patients with mental health and behavioral needs, serious wound care needs, bariatrics, substance use disorder, nonambulatory disability, intravenous therapy needs, or dialysis needs. SB1027,,54542. Prioritize admissions of patients who have been unable to find appropriate placement at another facility. SB1027,,5555(f) Compliance. Each person awarded nursing home beds under this subsection shall biennially or upon request from the department report to the department whether the person has satisfied the criteria under par. (c) and the conditions under par. (e), including all of the following information: SB1027,,56561. The number of patients served utilizing the nursing home beds awarded under this subsection. SB1027,,57572. The complex conditions that were served utilizing the nursing home beds awarded under this subsection.