The Senate Committee on Health has passed two bills through committee that relate to long-term care recently.

Both bills still have several steps to go before they are signed into law, with an expectation that the legislative floor session could end in March or April of 2024. While the bills have cleared committee, they would still need a floor vote in the Senate, followed by committee consideration in the Assembly and then an Assembly floor vote. If either bill passes both chambers of the legislature, they would then go to the Governor’s desk for his consideration to sign them into law.

Senate Bill 257: Establishing an Essential Visitor policy during outbreaks of communicable diseases when facilities must limit visitation

On Thursday, December 7, the Committee signed off unanimously on a bill that would create an Essential Visitor program for health care settings during outbreaks of communicable diseases, including for nursing homes, CBRFs, RCACs, and AFHs, as well as hospitals and other health care centers.

Senate Bill 257 would require facilities to allow on-site visitation to individuals designated as Essential Visitors by residents/patients.

WHCA/WiCAL worked closely with the bill author to make the policy as workable for providers as possible. Favorable provisions included in the latest version of the bill include:

• Importantly, the bill would allow providers to adhere to CMS or CDC visitation guidance if it were more strict than the Essential Visitor policy contained within SB 257.
• The essential visitor(s) must agree to comply with any public health and infection prevention/control protocols of the facility.
• The facility may deny visitation:
  • If the visitor refuses to comply with facility policies;
  • If it is unknown if the visitor is contagious with a communicable disease that poses a substantial risk to others and adequate precautions are not available to prevent spreading the infection;
  • If the resident the visitor is set to visit is known or suspected to be contagious with the communicable disease; or
  • If the resident does not want the visit.

The bill also includes immunity for facilities or individuals while acting in accordance with the Essential Visitor policy.

Given the bill author’s willingness to adopt changes to address all of WHCA/WiCAL’s major concerns, WHCA/WiCAL does not actively oppose the bill.

Senate Bill 155, extending involuntary discharge notice requirements in certain circumstances from 30 days to 60 days.

On Thursday, November 30, the Senate Health Committee approved SB 155 via paper ballot, 5-1. Sen. Mary Felzkowski (R-Tomahawk) was the sole No vote.

SB 155 would require nursing homes and CBRFs to provide a 60-day involuntary discharge notice to any residents who must be discharged due to the facility’s operational decision to no longer accept a certain payor source. For example, if a facility cannot negotiate reasonable rates with one or more Family Care MCOs, the facility may conclude that it can no longer sustainably accept Family Care residents and must discharge current Family Care participants.

WHCA/WiCAL opposes the bill and offered alternatives to the bill to try to help address the bill author’s concerns without creating new financial burdens on providers. WHCA/WiCAL educated committee members and the bill author on the challenges the bill would create, as well as the comprehensive and extensive relocation planning process in these circumstances, which would include notification and meetings with residents and family members well in advance of the actual discharge notice.

WHCA/WiCAL thanks Sen. Felzkowski for her opposition to the bill, as well as the Wisconsin Assisted Living Association, which also worked with WHCA/WiCAL to actively oppose the bill.

Please direct any questions you have on either or both of these bills to Jim Stoa, WHCA/WiCAL VP of Government Relations and Regulatory Affairs.