WisconsinAB5982025-2026 Wisconsin Legislature (Biennial Session)HouseWALLET

An Act to renumber and amend 50.06 (1) and 50.06 (4); to amend 50.06 (2) (b), 50.06 (2) (c), 50.06 (5) (a) (intro.), 50.06 (5) (b), 50.06 (6), 50.06 (7), 50.08 (1) (b) and 154.225 (1) (c); to create 50.06 (1) (a), 50.06 (1) (b), 50.06 (1) (d), 50.06 (4) (b), 50.06 (4) (c), 50.06 (5) (am), 50.06 (5) (ar), 50.06 (8), 54.36 (1m), 54.50 (3) (cm), 59.42 (4) and 146.82 (2) (a) 7m. of the statutes; Relating to: consent to admissions to certain health care facilities by patient representatives without requiring a petition for guardianship or protective placement. (FE)

Sponsored By: Barbara Dittrich (Republican), Bob Donovan (Republican), Steve Doyle (Democratic), Russell Goodwin (Democratic), Rick Gundrum (Republican), Karen Hurd (Republican), Tara Johnson (Democratic), Daniel Knodl (Republican), Rob Kreibich (Republican), Tony Kurtz (Republican), Maureen McCarville (Democratic), Paul Melotik (Republican), Jeffrey Mursau (Republican), Todd Novak (Republican), Jerry O'Connor (Republican), Lori Palmeri (Democratic), William Penterman (Republican), Jim Piwowarczyk (Republican), Priscilla Prado (Democratic), Amaad Rivera-Wagner (Democratic), Jessie Rodriguez (Republican), Ann Roe (Democratic), Joe Sheehan (Democratic), Christine Sinicki (Democratic), Patrick Snyder (Republican), Angela Stroud (Democratic), Shelia Stubbs (Democratic), Lisa Subeck (Democratic), Rob Swearingen (Republican), Robert Wittke (Republican)

Signed by Governor

Community-based residential facilityGuardian and wardHospitals and health care facilitiesMedical assistanceNursing homes and adult careReports

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 1 benefits, 0 costs, 7 mixed.

Hospital price disclosures gain state backup

Wisconsin must adopt and enforce federal hospital price-disclosure rules if they are repealed without substantively similar replacements. This also applies if the federal rule for shoppable-service prices alone is repealed; state rules cannot substantively differ from the repealed rules. The health department must check complaints, review noncompliance analyses, and audit hospital websites. It must maintain a public list showing hospital violations, dates, penalties, warnings, and corrective-action communications. The department must review federal enforcement yearly and report to lawmakers when it finds the federal agency is not enforcing the rules.

Guardianship cases must use existing care records

Physicians and psychologists preparing guardianship reports must request and review qualifying incapacity statements held by probate. They can also review representatives’ declarations. In temporary guardianship cases involving this admission route, petitioners must promptly request statements and submit them for private court review, or report none found. Unless a later statement shows changed circumstances, an incapacity statement counts as initial proof that immediate temporary guardianship is needed. These statements are confidential, need no separate proof of authenticity, and can be challenged on grounds allowed by law.

Care records stay confidential with filing fees

Health records can be shared with probate officials for this law’s incapacity-statement process. Probate officials must keep the statements and signed declarations confidential until the person dies, then remove them under state protocols. Qualifying temporary-guardianship petitioners, specified relatives, examining clinicians, courts, county legal counsel, and court-authorized people can request copies. Relatives must meet the law’s relationship requirements unless a court allows disclosure for good cause. The person submitting a qualifying statement or declaration pays $8 per document for safekeeping.

Care representatives gain legal and bill protections

Representatives receive criminal and civil liability protection for good-faith decisions that follow this law. Protection excludes bad faith and spending for someone else’s benefit. A representative who is not the patient’s spouse is not personally liable for authorized goods or services. Facilities and providers also receive legal protections for specified capacity findings, compliance, and reasonable unsuccessful efforts to obtain decisions. Health professionals commit unprofessional conduct if they fail to make a good-faith transfer effort when needed for compliance.

Care representatives gain limited payment powers

Representatives using this admission route can make health decisions, enroll the person in Wisconsin Medicaid, and approve care spending. They can request Family Care screenings and waive financial screening for private-pay admission, unless Medicaid eligibility is expected within six months. They cannot approve spending when an authorized durable-power-of-attorney agent can do so. Authority ends when a guardian is appointed, the person leaves facility care, an unknown health-care power of attorney is found, or capacity returns. If the person remains in the facility after 60 days without a guardian, authority gets one 30-day extension for discharge planning.

Courts can check care representatives’ spending

After a petition and hearing, courts can direct representatives to protect the person’s interests and restrict decisions or spending. Courts can require status reports and spending accounts within 72 hours of an order. Courts can appoint an independent attorney, called a guardian ad litem, to protect the person’s interests. Petitioners can be charged proceeding costs, while the person’s available income or assets can pay that attorney’s reasonable fees. Counties can also bear attorney fees, with allocation and payment limits set by law.

Families gain a time-limited care admission option

A patient’s representative can approve facility admission without first filing guardianship or protective-placement petitions. This route is only for incapacitated people moving directly from a hospital inpatient unit. It excludes people diagnosed with developmental disabilities or the mental illness defined by this law. Representatives cannot approve new admissions after the date three years after the provision takes effect. The supplied text does not give the calendar cutoff date.

Patients get clearer incapacity checks

This admission route requires personal exams and a signed incapacity statement from two physicians, or one physician and one advanced practice clinician. Age, eccentricity, and physical disability do not establish incapacity, alone or together. Examiners cannot be relatives or have claims on the person’s estate. Clinicians must place the statement in health records and send copies to probate and the county adult-at-risk agency within 72 hours after admission. A later finding that capacity has returned requires a new statement filed and sent within 72 hours.

Sponsors & Cosponsors

Sponsors

  • Barbara Dittrich

    Republican • House

  • Bob Donovan

    Republican • House

  • Steve Doyle

    Democratic • House

  • Russell Goodwin

    Democratic • House

  • Rick Gundrum

    Republican • House

  • Karen Hurd

    Republican • House

  • Tara Johnson

    Democratic • House

  • Daniel Knodl

    Republican • House

  • Rob Kreibich

    Republican • House

  • Tony Kurtz

    Republican • House

  • Maureen McCarville

    Democratic • House

  • Paul Melotik

    Republican • House

  • Jeffrey Mursau

    Republican • House

  • Todd Novak

    Republican • House

  • Jerry O'Connor

    Republican • House

  • Lori Palmeri

    Democratic • House

  • William Penterman

    Republican • House

  • Jim Piwowarczyk

    Republican • House

  • Priscilla Prado

    Democratic • House

  • Amaad Rivera-Wagner

    Democratic • House

  • Jessie Rodriguez

    Republican • House

  • Ann Roe

    Democratic • House

  • Joe Sheehan

    Democratic • House

  • Christine Sinicki

    Democratic • House

  • Patrick Snyder

    Republican • House

  • Angela Stroud

    Democratic • House

  • Shelia Stubbs

    Democratic • House

  • Lisa Subeck

    Democratic • House

  • Rob Swearingen

    Republican • House

  • Robert Wittke

    Republican • House

Cosponsors

  • Brienne Brown

    Democratic • House

  • Rachael Cabral-Guevara

    Republican • Senate

  • Jodi Emerson

    Democratic • House

  • Dan Feyen

    Republican • Senate

  • Jenna Jacobson

    Democratic • House

  • Jesse James

    Republican • Senate

  • Joel Kitchens

    Republican • House

  • Clint Moses

    Republican • House

  • Romaine Quinn

    Republican • Senate

  • Jeff Smith

    Democratic • Senate

  • Eric Wimberger

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 105 • No: 23

Senate vote • 3/17/2026

Read a third time and concurred in, Ayes 28, Noes 5

Yes: 28 • No: 5

House vote • 2/19/2026

Read a third time and passed, Ayes 77, Noes 18

Yes: 77 • No: 18

Actions Timeline

  1. Published 3-21-2026

    3/20/2026House
  2. Report approved by the Governor on 3-20-2026. 2025 Wisconsin Act 115

    3/20/2026House
  3. Representative J. Jacobson added as a coauthor

    3/20/2026House
  4. Representative Emerson added as a coauthor

    3/19/2026House
  5. Presented to the Governor on 3-19-2026

    3/19/2026House
  6. Report correctly enrolled on 3-18-2026

    3/18/2026House
  7. LRB correction (Assembly Substitute Amendment 3)

    3/18/2026House
  8. Received from Senate concurred in

    3/18/2026House
  9. Ordered immediately messaged

    3/17/2026Senate
  10. Senator Smith added as a cosponsor

    3/17/2026Senate
  11. Read a third time and concurred in, Ayes 28, Noes 5

    3/17/2026Senate
  12. Rules suspended to give bill its third reading

    3/17/2026Senate
  13. Ordered to a third reading

    3/17/2026Senate
  14. Read a second time

    3/17/2026Senate
  15. Representative Kitchens added as a coauthor

    3/16/2026Senate
  16. Placed on calendar 3-17-2026 pursuant to Senate Rule 18(1)

    3/16/2026Senate
  17. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

    3/16/2026Senate
  18. Representative Brown added as a coauthor

    3/6/2026Senate
  19. Available for scheduling

    2/25/2026Senate
  20. Read first time and referred to committee on Senate Organization

    2/25/2026Senate
  21. Received from Assembly

    2/23/2026Senate
  22. Ordered immediately messaged

    2/19/2026House
  23. Read a third time and passed, Ayes 77, Noes 18

    2/19/2026House
  24. Rules suspended

    2/19/2026House
  25. Ordered to a third reading

    2/19/2026House

Bill Text

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