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)

Became Law

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

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Faster hospital transfers for incapacitated adults

The law lets a patient’s representative consent to admission from a hospital inpatient unit by signing a sworn declaration. The representative must send the declaration to the hospital, the receiving facility, the county adult-at-risk agency, all reasonably contactable family members, and the county register in probate. A guardianship or protective placement petition does not need to be filed before this admission. After consent, the representative may make health care decisions, enroll the person in Medical Assistance, and approve health-care spending. This power ends if a court appoints a guardian, the person goes to a non‑facility setting, a health care power of attorney is found, or the person regains capacity. Clinicians must complete department forms and, within 72 hours, file incapacity and later recovery statements with the probate register and send them to the adult‑at‑risk agency. Hospitals and nursing homes must follow federal advance directive and resident‑representative rules and report concerns about a representative acting against the resident’s best interests. This consent pathway is available only for three years after its effective date.

Patient representative powers and limits

If you consent to admission as the patient’s representative, you may make health care decisions, enroll the person in Medical Assistance, and approve health‑care spending like a guardian. If the person has an agent under a durable power of attorney who can approve spending, that agent takes priority and you cannot authorize those costs. If no guardian is appointed by day 60 (and the admission was not under the hospital‑to‑facility pathway), your authority is extended 30 days only to start discharge planning. You may request functional and financial screenings for Family Care. If the person enters on private pay, you may waive the financial and cost‑sharing screening unless the person is expected to qualify for Medical Assistance within six months. The law also defines who counts as a “patient’s representative.”

Clear rules to judge incapacity

The law defines “incapacitated” as not being able to understand or communicate health and post‑hospital care decisions. Two clinicians must decide incapacity—either two physicians or one physician and one advanced practice clinician. Both must examine the person, sign a statement, and cannot be relatives or have claims on the person’s estate. The signed statement must be kept in the facility record.

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

Related Bills

Back to State Legislation