1 | 1 | | LRB-0441/1 |
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2 | 2 | | SWB:emw |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 787 |
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5 | 5 | | December 8, 2023 - Introduced by Representatives J. ANDERSON, C. ANDERSON, |
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6 | 6 | | CLANCY, DRAKE, EMERSON, JACOBSON, JOERS, MADISON, MOORE OMOKUNDE, |
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7 | 7 | | ORTIZ-VELEZ, PALMERI, SHANKLAND, SHELTON, SNODGRASS, STUBBS and SUBECK, |
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8 | 8 | | cosponsored by Senators L. JOHNSON and SMITH. Referred to Committee on |
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9 | 9 | | Health, Aging and Long-Term Care. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to create 146.901 of the statutes; relating to: limiting emergency care |
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12 | 12 | | hospital rates for uninsured patients. |
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13 | 13 | | Analysis by the Legislative Reference Bureau |
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14 | 14 | | This bill prohibits hospitals from charging uninsured patients whose family |
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15 | 15 | | income is less than 200 percent of the federal poverty line a rate for emergency |
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16 | 16 | | services that exceeds 115 percent of the allowable charges under the federal |
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17 | 17 | | Medicare program for those services. Under the bill, an “uninsured patient” is |
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18 | 18 | | defined as a hospital patient who is a resident of this state, is not covered under a |
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19 | 19 | | policy of health insurance, and is not a beneficiary under a public or private health |
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20 | 20 | | insurance, health benefit, or other health coverage program. |
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21 | 21 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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22 | 22 | | enact as follows: |
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23 | 23 | | SECTION 1. 146.901 of the statutes is created to read: |
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24 | 24 | | 146.901 Emergency service rates for the uninsured. (1) In this section: |
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25 | 25 | | (a) “Emergency services” means those services required to examine, treat, and |
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26 | 26 | | stabilize an emergency medical condition in accordance with 42 USC 1395dd. |
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32 | 32 | | 6 - 2 -2023 - 2024 Legislature LRB-0441/1 |
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33 | 33 | | SWB:emw |
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34 | 34 | | SECTION 1 ASSEMBLY BILL 787 |
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35 | 35 | | (b) “Family income” means the sum of a family's annual earnings and cash |
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36 | 36 | | benefits from all sources before taxes, less payments made for child support. |
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37 | 37 | | (c) “Hospital” has the meaning given in s. 50.33 (2). |
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38 | 38 | | (d) “Medicare” has the meaning given in s. 146.903 (1) (f). |
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39 | 39 | | (e) “Uninsured patient" means a patient of a hospital who meets all of the |
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40 | 40 | | following criteria: |
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41 | 41 | | 1. Is a resident of this state. |
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42 | 42 | | 2. Is not covered under a policy of health insurance. |
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43 | 43 | | 3. Is not a beneficiary under a public or private health insurance, health |
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44 | 44 | | benefit, or other health coverage program, including high deductible health |
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45 | 45 | | insurance plans, worker's compensation, accident liability insurance, or other |
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46 | 46 | | 3rd-party liability. |
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47 | 47 | | (2) A hospital may not, for emergency services, charge an uninsured patient |
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48 | 48 | | whose family income is less than 200 percent of the federal poverty line, as defined |
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49 | 49 | | under 42 USC 9902 (2), a rate that exceeds 115 percent of the allowable charges |
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50 | 50 | | under Medicare for those services. |
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51 | 51 | | SECTION 2.0Initial applicability. |
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52 | 52 | | (1) This act first applies to charges for emergency services, as defined in s. |
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53 | 53 | | 146.901 (1) (a), incurred on the effective date of this subsection. |
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54 | 54 | | (END) |
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