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