Updated March 13, 2024: This bill will NOT move forward this session!
Wisconsin’s Senate did not schedule a vote on the problematic Patient’s Representative bill (SB 1027/AB 1088), and it’s session is now adjourned. With this adjournment, this bill, in it’s current form, will not become law this session.
We have no doubt that calls from concerned constituents helped inform and guide Senators as they decided which bills to advance and which to set aside. Your voice matters and is needed to educate our legislators on the consequences of their proposals. Keep up the good work!
People with disabilities and the elderly have the absolute right to be free from abuse, neglect and exploitation, no matter where they live or receive services and yet, there is a new bill called the Patient’s Representative bill (SB 1027/AB 1088), that does not safeguard against the financial abuse of vulnerable patients.
This bill has no built-in safeguards against financially abusive Patient Representatives.
SB 1027 lets hospitals pick a decision-maker (called a Patient’s Representative) if a patient becomes unable to make medical decisions so they can discharge them quickly and empty hospital beds.
The Patient’s Representative can put patients in rehabilitation and nursing home facilities and is given the same authority over the person’s money, where they live, and their medical care as a guardian, without any court oversight.
Anyone over age 18 who the hospital decides is unable to make their own health care decisions and does not have a health care Power or Attorney could end up with Patient’s Representative making decisions about their lives.
Even with a health POA, a patient is still vulnerable to abuse by a Patient Representative.
For example, many people with I/DD have health care POAs in place, however if something happens to the person designated as a POA or Guardian or the hospital does not discover the person has a POA or guardian, a Patient Representative could be chosen to make medical decisions until the person is discharged to a non-regulated facility, use the patient’s money to pay for health care expenses, and would have the same authority as a Guardian of the Estate or Person without court oversight or accounting requirements.
This means there is no required inventory or accounting of spending, or ability for the patient to contest decisions or have recourse.
The motivation behind this bill, is of course rooted in money. Hospitals want to discharge patients faster, kind of like a restaurant trying to turn over their tables faster to increase profits. The problem is, patients are not restaurant customers.
The WI Senate will decide whether to schedule (for a vote by the full Senate) SB 1027/AB 1088 in the next two days.
Tell Senator Baldwin and Senator Johnson that you don’t support the Patient’s Representative bill (SB 1027/AB 1088).
Action steps you can take today!
- Call your state Senator
- Look up my legislator or call the Legislative hotline 1-800-362-9472)
- Ask that SB1027/AB 1088 not be given a floor vote.
- When you call or e-mail, say your name, where you live (make sure they know you are a constituent!), and your connection to disability.
- Contact the Governor’s Office
- 608-266-1212 or https://wi.accessgov.com/public/Forms/Page/governor/voice-an-opinion
- Ask for veto if SB1027/AB 1088 passes full Senate
When you call or e-mail, say your name, where you live and your connection to disability.
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