LRB-0435/1
DAK:kaf:km
1997 - 1998 LEGISLATURE
January 27, 1998 - Introduced by Representatives Krusick, Baldwin, Black, Bock,
Boyle, Carpenter, Gunderson, F. Lasee, J. Lehman, Notestein, Plale, R.
Potter, Ryba, Urban
and R. Young, cosponsored by Senators Burke and
Breske. Referred to Committee on Health.
AB749,1,4 1An Act to renumber 49.498 (7) (a); to amend 49.498 (6) (a) and 49.498 (7) (b)
2(intro.); and to create 49.498 (7) (ag), 49.498 (7) (am) 6. and 49.498 (7) (am) 7.
3of the statutes; relating to: admission, denial of admission, provision of
4services, transfer and discharge for individuals by nursing facilities.
Analysis by the Legislative Reference Bureau
Under current law, nursing homes that are certified to provide care that is
reimbursed by medical assistance must meet numerous requirements and are
prohibited from taking certain actions with respect to admissions.
This bill requires medical assistance-certified nursing homes to establish and
maintain identical policies and practices for admission of all persons regardless of
source of payment. The bill prohibits these nursing homes from considering the
available source of payment when deciding to admit or expedite the admission of a
person who is or will be entitled to medical assistance. Further, the bill requires that
these nursing homes provide notice, in writing, to an applicant or to his or her
guardian or agent within 5 days of deciding to admit, deny or delay the admission
of the applicant. If the applicant is denied or his or her admission is delayed, the
notice must include a statement of the reason for the denial or delay. Lastly, the bill
clarifies that a nursing home must establish identical policies and practices
concerning transfer, discharge and provision of services for all persons regardless of
the source of their payment.

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:
AB749, s. 1 1Section 1. 49.498 (6) (a) of the statutes is amended to read:
AB749,2,52 49.498 (6) (a) A nursing facility shall establish and maintain identical policies
3and practices regarding transfer, discharge and the provision of services required
4under the approved state medicaid plan for all individuals regardless of source of
5payment.
AB749, s. 2 6Section 2. 49.498 (7) (a) of the statutes is renumbered 49.498(7)(am).
AB749, s. 3 7Section 3. 49.498 (7) (ag) of the statutes is created to read:
AB749,2,108 49.498 (7) (ag) A nursing facility shall establish and maintain identical policies
9and practices regarding admission for all individuals regardless of source of
10payment.
AB749, s. 4 11Section 4. 49.498 (7) (am) 6. of the statutes is created to read:
AB749,2,1412 49.498 (7) (am) 6. A nursing facility may not consider an applicant's available
13source of payment when making a decision to admit or expedite the admission of an
14individual who is or will be entitled to medical assistance for nursing facility services.
AB749, s. 5 15Section 5. 49.498 (7) (am) 7. of the statutes is created to read:
AB749,2,2016 49.498 (7) (am) 7. A nursing facility that decides to admit, deny or delay the
17admission of an applicant shall provide, in writing, notice of the decision to the
18applicant or his or her guardian or agent within 5 days of the decision. If the nursing
19facility has decided to deny or delay admission of the applicant, the notice shall
20include a statement of the reason for the denial or delay.
AB749, s. 6 21Section 6. 49.498 (7) (b) (intro.) of the statutes is amended to read:
AB749,3,2
149.498 (7) (b) (intro.) Paragraph (a) (am) may not be construed to do any of the
2following:
AB749,3,33 (End)
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