LRB-3307/1
PJK:wlj:pg
2005 - 2006 LEGISLATURE
October 31, 2005 - Introduced by Representatives Wasserman, Benedict,
Hundertmark, Hines, Albers, Hahn, Mursau, Vos, Cullen, Fields, Grigsby,
Lehman, Molepske, Parisi, Pocan, Pope-Roberts, Seidel, Staskunas, Turner
and Vruwink, cosponsored by Senators Darling, Erpenbach, Brown, Risser
and Wirch. Referred to Committee on Aging and Long-Term Care.
AB791,1,3
1An Act to create 49.45 (54) of the statutes;
relating to: execution of a
2declaration to physicians, also known as a living will, by a Medical Assistance
3recipient.
Analysis by the Legislative Reference Bureau
Under current law, the Medical Assistance (MA) program, which is
administered by the Department of Health and Family Services (DHFS), county
departments of social services or human services, and tribal governing bodies,
provides health care services to eligible low-income persons. Health care services
under MA are paid for primarily with federal funds and state general purpose
revenue funds.
Current law also sets forth a form, which DHFS prepares, and execution,
revocation, and filing procedures for a declaration to physicians, also known as a
living will. A person who executes a declaration to physicians authorizes the
withholding or withdrawal of life-sustaining procedures or of feeding tubes when the
person is in a terminal condition or in a persistent vegetative state.
This bill requires DHFS, county, and tribal governing body employees who
administer MA to discuss the execution of a declaration to physicians with persons
who are eligible for or receiving MA and who are admitted or protectively placed in
long-term care facilities and with persons who reside in long-term care facilities and
who become eligible for MA. An employee must also assist a person who desires to
execute a declaration to physicians with the execution and filing. Long-term care
facilities are defined in the bill as adult homes, residential care apartment
complexes, community-based residential care facilities, nursing homes, and
hospices.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB791, s. 1
1Section
1. 49.45 (54) of the statutes is created to read:
AB791,2,32
49.45
(54) Declaration to physicians. (a) In this subsection, "long-term care
3facility" means any of the following:
AB791,2,44
1. An adult home, as defined in s. 50.01 (1).
AB791,2,55
2. A residential care apartment complex, as defined in s. 50.01 (1d).
AB791,2,66
3. A community-based residential care facility, as defined in s. 50.01 (1g).
AB791,2,77
4. A nursing home, as defined in s. 50.01 (3).
AB791,2,88
5. A hospice, as defined in s. 50.90 (1).
AB791,2,119
(b) A department, county, or tribal governing body employee who administers
10the Medical Assistance program shall discuss the execution and filing of a
11declaration to physicians under subch. II of ch. 154 with all of the following:
AB791,2,1412
1. A person who is eligible for or receiving medical assistance and who, on or
13after the effective date of this subdivision .... [revisor inserts date], is admitted to or
14protectively placed in a long-term care facility.
AB791,2,1715
2. A person who resides in a long-term care facility and who, on or after the
16effective date of this subdivision .... [revisor inserts date], becomes eligible for
17medical assistance.
AB791,3,3
1(c) The employee shall encourage the person to execute a declaration to
2physicians under s. 154.03 (2) and shall assist the person, if he or she so desires, with
3the execution and filing of the document.
