Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB703 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 703
5	5	November 21, 2023 - Introduced by Senators JAMES, CABRAL-GUEVARA, WANGGAARD
6	6	and SPREITZER, cosponsored by Representatives SNYDER, ARMSTRONG, BROOKS,
7	7	DITTRICH, JACOBSON, MOSES, MURSAU, O'CONNOR, ORTIZ-VELEZ, SINICKI,
8	8	STEFFEN and GUNDRUM. Referred to Committee on Government Operations.
9	9	AN ACT to create 15.197 (22m) and 146.695 of the statutes; relating to:
10	10	establishing a Palliative Care Council.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill establishes within the Department of Health Services a Palliative
13	13	Care Council, which includes as members a statewide group of medical and clinical
14	14	professionals with expertise in the provision of palliative care services, as well as
15	15	patients or family members of patients who have experience receiving palliative care
16	16	services, to advise DHS about palliative care issues.
17	17	The bill requires the council to consult with and advise DHS regarding 1)
18	18	outcome evaluation of established palliative care programs; 2) the economic and
19	19	quality of life effectiveness of palliative care that is provided along with curative
20	20	treatment; 3) the mechanisms for and adequacy of reimbursement for palliative care
21	21	services; and 4) any other issues relating to palliative care arising through meetings
22	22	or discussions, as the council determines appropriate. The bill provides that the
23	23	council may not consult with or advise DHS on physician-assisted suicide,
24	24	euthanasia, medical aid in dying, or any other act that would condone, authorize,
25	25	approve, or permit any affirmative or deliberate act to end life other than the
26	26	withholding or withdrawing of health care under an advance directive or power of
27	27	attorney for health care so as to permit the natural process of dying. Under the bill,
28	28	DHS must, in consultation with the council, establish a statewide palliative care
29	29	consumer and professional information and education program to ensure that
30	30	comprehensive and accurate information and education about palliative care are
31	31	available to the public, health care providers, and health care facilities. The bill
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35	35	SENATE BILL 703
36	36	provides that DHS must make certain information and resources regarding
37	37	palliative care available on its website. Under the bill, the council must submit
38	38	reports to the appropriate standing committees of the legislature providing its
39	39	analysis on the issues of access to palliative care and the impact of palliative care on
40	40	health care delivery systems in this state and on families that have experience with
41	41	palliative care services.
42	42	For further information see the state fiscal estimate, which will be printed as
43	43	an appendix to this bill.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 15.197 (22m) of the statutes is created to read:
47	47	15.197 (22m) PALLIATIVE CARE COUNCIL. (a) In this subsection,
48	48	“community-based palliative care program” means a program in which care is
49	49	provided in a patient's home or place of residence.
50	50	(b) There is created in the department of health services a palliative care
51	51	council. The council shall consist of not more than 22 members appointed, except as
52	52	otherwise provided in this paragraph, by the secretary of health services to serve for
53	53	3-year terms, including all of the following:
54	54	1. Five physician members, 3 of whom are palliative care physicians and 2 of
55	55	whom are primary care physicians.
56	56	2. Four advanced practice nurse prescribers certified under s. 441.16 (2) and
57	57	certified in palliative care. Two shall have provided direct patient care in a
58	58	community-based palliative care program for at least 2 of the last 5 years. Two shall
59	59	have provided direct patient care in a hospital-based palliative care program for at
60	60	least 2 of the last 5 years.
61	61	3. Three health care professionals, including a nurse, a social worker, and a
62	62	spiritual care professional.
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84	84	4. Two patients or family members of patients who have experience receiving
85	85	palliative care services.
86	86	5. Two nonclinical health care leaders with experience operating
87	87	community-based palliative care programs.
88	88	6. One representative from a health care insurance company who has
89	89	experience making decisions about reimbursement for palliative care services.
90	90	7. One representative from the department of health services who works on
91	91	issues relating to aging and long-term care.
92	92	8. One representative to the assembly appointed by the speaker of the
93	93	assembly.
94	94	9. One representative to the assembly appointed by the minority leader of the
95	95	assembly.
96	96	10. One senator appointed by the president of the senate.
97	97	11. One senator appointed by the minority leader of the senate.
98	98	(c) A person appointed under par. (b) 1. to 7. may not serve more than 2
99	99	consecutive terms on the council.
100	100	(d) Any member of the council appointed under par. (b) 1. to 7. who meets the
101	101	required qualifications for more than one category of appointees may be appointed
102	102	to serve as a member fulfilling the requirements for a council member in some or all
103	103	of those categories, as determined by the secretary of health services.
104	104	(e) The council shall meet at least twice each year.
105	105	(f) When possible, the council shall seek and the secretary shall appoint
106	106	members who represent the various geographic areas of the state and ensure
107	107	statewide representation on the council. The council shall, as often as possible, hold
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133	133	SECTION 1 SENATE BILL 703
134	134	its meetings in different geographic areas of the state, both rural and urban, to better
135	135	learn about and aid in palliative care access and quality in all communities.
136	136	SECTION 2. 146.695 of the statutes is created to read:
137	137	146.695 Palliative care. (1) In this section, “council” means the palliative
138	138	care council.
139	139	(2) (a) The council shall consult with and advise the department on all of the
140	140	following:
141	141	1. Outcome evaluation of established palliative care programs.
142	142	2. The economic and quality of life effectiveness of palliative care that is
143	143	provided along with curative treatment.
144	144	3. The mechanisms for and adequacy of reimbursement for palliative care
145	145	services.
146	146	4. Any other issues relating to palliative care arising through meetings or
147	147	discussions, as the council determines appropriate.
148	148	(b) The council may not consult with or advise the department on
149	149	physician-assisted suicide, euthanasia, medical aid in dying, or any other act that
150	150	would condone, authorize, approve, or permit any affirmative or deliberate act to end
151	151	life other than the withholding or withdrawing of health care under an advance
152	152	directive or power of attorney for health care so as to permit the natural process of
153	153	dying.
154	154	(3) The department shall, in consultation with the council, subject to the
155	155	limitations in sub. (2) (b), establish a statewide palliative care consumer and
156	156	professional information and education program to ensure that comprehensive and
157	157	accurate information and education about palliative care are available to the public,
158	158	health care providers, and health care facilities.
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186	186	SECTION 2
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188	188	(4) The department shall make available electronically on its website
189	189	information and resources regarding palliative care, including all of the following
190	190	items:
191	191	(a) Links to external resources regarding palliative care.
192	192	(b) Continuing education opportunities for health care providers.
193	193	(c) Information about palliative care programs.
194	194	(d) Consumer educational materials regarding palliative care.
195	195	(5) One year after the first meeting of the council, then on the 3rd January 1
196	196	after the first meeting of the council, and thereafter biennially no later than January
197	197	1, the council shall submit a report to the appropriate standing committees of the
198	198	legislature under s. 13.172 (3) providing the council's analysis on the following
199	199	issues:
200	200	(a) Access to palliative care.
201	201	(b) The impact of palliative care on health care delivery systems in this state
202	202	and on families that have experience with palliative care services.
203	203	(6) Nothing in this section may be construed to create a cause of action or create
204	204	a standard of care, obligation, or duty that provides a basis for a cause of action.
205	205	(END)
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