Wisconsin 2025 Regular Session Status: To Executive Bipartisan · 17 R · 13 D cosponsors

AB 598 — Relating to: consent to admissions to certain health care facilities by patient representatives without requiring a petition for guardianship or protective placement. (FE)

Last action — Published 3-21-2026

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced October 29, 2025. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 90% · high confidence
  • To Executive

    Current position in the legislative process.

  • 35 sponsors

    1 primary, 34 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (17 R · 13 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

An Act to renumber and amend 50.06 (1) and 50.06 (4); to amend 50.06 (2) (b), 50.06 (2) (c), 50.06 (5) (a) (intro.), 50.06 (5) (b), 50.06 (6), 50.06 (7), 50.08 (1) (b) and 154.225 (1) (c); to create 50.06 (1) (a), 50.06 (1) (b), 50.06 (1) (d), 50.06 (4) (b), 50.06 (4) (c), 50.06 (5) (am), 50.06 (5) (ar), 50.06 (8), 54.36 (1m), 54.50 (3) (cm), 59.42 (4) and 146.82 (2) (a) 7m. of the statutes;

Bill Text

What changed in the latest version

501 added · 525 removed

Plain-language change summary

The amendments to Assembly Bill 598 allow a patient’s representative to consent to the admission of an incapacitated person to a nursing home or similar facility without needing to go through a lengthy legal process for guardianship. Additionally, these representatives can make healthcare decisions and manage medical expenses without the usual time limitations, making it easier for families to help their loved ones. This change is significant because it streamlines the process for families dealing with incapacitated individuals, removing bureaucratic hurdles and allowing for more timely care. Furthermore, it clarifies definitions related to incapacitation and introduces terms relevant to the healthcare context.

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- 2026 LEGISLATURE LRBs0544/1 SWB:skw/emw/cjs ASSEMBLY SUBSTITUTE AMENDMENT 3, TO ASSEMBLY BILL 598 February 19, 2026 - Offered by RepresentatNYDER.
- 2026 LEGISLATURE LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 October 29, 2025 - Introduced by RepresentativeNYDER, SUBECK , ITTRICH, D ONOVAN, DOYLE, GOODWIN , UNDRUM , HURD , OHNSON , NODL , REIBICH, K URTZ, M CCARVILLE, M ELOTIK, MURSAU , NOVAK , O'CONNOR , PALMERI, PENTERMAN , P IWOWARCZYK , PRADO , RIVERA-WAGNER, R ODRIGUEZ, R OE, SHEEHAN , SINICK, TROUD , TUBBS, SWEARINGEN and W ITTKE, cosponsored by Senators W IMBERGER , CABRAL-GUEVARA , FEYEN, JAMES and Q UINN.
Referred to Committee on Health, Aging and Long-Term Care.
to create 50.06 (1) (a), 50.06 (1) (b), 50.06 (1) (d), 50.06 (4) (b), 50.06 (4) (c), 50.06 (5) (am), 50.06 (5) (ar), 50.06 (8), 54.36 (1m), 54.50 (3) (cm), 146.82 (2) (a) 7m., 146.904, 814.66 (1) (p) and 851.72 (1m) of the statutes;
to create 50.06 (1) (a), 50.06 (1) (b), 50.06 (1) (d), 50.06 (4) (b), 50.06 (4) (c), 50.06 (5) (am), 50.06 (5) (ar), 50.06 (8), 54.36 (1m), 54.50 (3) (cm), 59.42 (4) and 146.82 (2) (a) 7m.
of the statutes;
consent to admissions to certain health care facilities by patient representatives without requiring a petition for guardianship or protective placement and hospital price transparency.
consent to admissions to certain health care facilities by patient representatives without requiring a petition for guardianship or protective placement.
Analysis by the Legislative Reference Bureau This bill allows a patient’s representative to consent to an admission of an incapacitated individual from a hospital to a nursing home or community-based residential facility without a petition for guardianship or protective placement and allows a patient’s representative to make health care decisions, enroll the patient in the Medical Assistance program, and authorize expenditures related to health care on behalf of an incapacitated individual without certain time limitations that are imposed under current law if certain conditions are met.
Under current law, an individual who is either related to an incapacitated - 2026 Legislature - 2 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 individual as provided under current law or is an adult close friend of an incapacitated individual may consent to admission, directly from a hospital to a nursing home or community-based residential facility, of the incapacitated individual who does not have a valid power of attorney for health care and who has not been adjudicated incompetent in this state if certain conditions apply, including that the individual for whom admission is sought is not diagnosed as developmentally disabled or as having a mental illness at the time of the proposed admission, that the incapacitated individual does not verbally object to or otherwise actively protest the admission, and that petitions for guardianship for the individual and for protective placement of the individual are filed prior to the proposed admission.
A determination that an individual is incapacitated must be made by two physicians or one physician and one psychologist who personally examine the individual.
An individual who consents to admission of an incapacitated individual may make health care decisions to the same extent as a guardian of the person and authorize expenditures related to health care to the same extent as a guardian of the estate until 60 days after the admission to the facility, discharge of the incapacitated individual from the facility, or appointment of a guardian for the incapacitated individual, whichever occurs first.
The bill allows a patient’s representative to consent to an admission of an incapacitated individual from a hospital to a nursing home or community-based residential facility as provided under current law without petitions for guardianship or protective placement of the incapacitated individual being filed if 1) the incapacitated individual is admitted directly from a hospital inpatient unit, 2) the facility to which the incapacitated individual is admitted notifies the corporation counsel for the county in which the incapacitated patient resides of the admission within 72 hours of admission, and 3) the patient’s representative signs, subject to penalty of false swearing, a declaration that contains certain information including a written acknowledgment that the patient’s representative may make decisions or authorize expenditures as provided under the bill and promptly provides the signed declaration to all of the incapacitated individual’s family members that can be reasonably contacted, the discharging hospital and the accepting facility, the corporation counsel for the county in which the incapacitated individual resides, and the adult-at-risk agency for the county in which the incapacitated individual resides.
Further, the bill allows a patient’s representative to make health care decisions, enroll the incapacitated individual in the Medical Assistance program, and authorize expenditures related to health care without the time limitations that apply to other direct admissions under current law if the patient’s representative satisfies the conditions for admission provided under the bill.
The authority of a patient’s representative to make health care decisions and authorize expenditures related to health care under the bill ends if a court appoints a guardian to make such decisions, the incapacitated individual is discharged to a setting that is not a facility, a health care power of attorney that was not identified - 2026 Legislature - 3 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 at the time that the patient’s representative was established is identified, or the individual is determined to no longer be incapacitated.
The bill provides that a determination that an individual is incapacitated for the purposes of admitting the individual directly from a hospital to a facility may be made by two physicians or by one physician and one advanced practice clinician, which is defined to mean either a psychologist, a registered nurse who is currently certified as a nurse practitioner, or a physician assistant who a physician responsible for overseeing the physician assistant’s practice affirms is competent to conduct evaluations of the capacity of patients to manage health care decisions.
Any physician or advanced practice clinician who determines that an individual is incapacitated for the purposes of admitting the individual directly from a hospital to a facility must, if the individual is admitted to a facility as provided under the bill, prepare a written statement on a form prescribed by the DHS stating that the physician or advanced practice clinician personally examined the incapacitated individual, the date and location that the physician or advanced practice clinician determined the individual is incapacitated, the medical conditions of the individual, if any, that led the physician or advanced practice clinician to conclude that the individual is incapacitated, the physician’s or advanced practice clinician’s office address and contact information, and any other information identified by DHS.
A copy of the written statement must be included in the incapacitated individual’s patient health care records and must be sent, within 72 hours of the incapacitated individual’s admission to a facility, to the corporation counsel for the county in which the incapacitated individual resides and the adult-at-risk agency for the county in which the incapacitated individual resides.
The bill provides that any physician or psychologist who examines an individual who is a proposed ward pursuant to a petition for guardianship must request and review any written statements prepared for the proposed ward and received by an adult-at-risk agency as provided under the bill.
The bill provides that a petitioner for temporary guardianship of a proposed ward admitted to a facility under the alternative procedure set forth in the bill must, as soon as practicable after filing the petition, request a copy of any written statement held by the corporation counsel for the county in which the proposed ward resided prior to admission to the facility.
The corporation counsel must provide a copy of any written statement relating to the proposed ward upon the request of a petitioner who has filed a petition in a court of competent jurisdiction for a temporary guardianship of the proposed ward.
The petitioner must submit to the court either a copy, under seal, of any written statement received for in camera inspection by the court or a statement that the petitioner requested any relevant written statement but no such document was located.
Under the bill, the court must inspect, in camera, any submitted written statement, and unless the court determines that a written statement in which a physician or advanced practice clinician determined the proposed ward is no longer incapacitated has been submitted to the court and indicates that the proposed ward’s circumstances have changed from those described in the written statement submitted to the court in which a physician or advanced practice clinician determined the individual is - 2026 Legislature - 4 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 S ECTION 1 incapacitated, the submitted written statement containing the determination that the individual is incapacitated constitutes a prima facie showing, for purposes of temporary guardianship proceedings, that the proposed ward’s particular situation requires immediate appointment of a temporary guardian of the person or estate, notwithstanding that the document may be uncorroborated hearsay.
The submitted written statement is self authenticating and does not require foundational or other testimony for its admissibility.
However, the prima facie evidence may be rebutted by presenting information that affirmatively indicates a lack of trustworthiness in the document or information that the proposed ward’s circumstances have changed.
The privilege between health care providers and patients does not apply to these written statements.
The bill provides that no patient’s representative may consent to admission for an incapacitated individual in the manner established in the bill after three years following the effective date of the bill.
Finally, the bill provides that an individual who consents to admission of an incapacitated individual as set forth under current law may enroll the incapacitated individual in the Medical Assistance program in addition to the authority provided under current law to make health care decisions to the same extent as a guardian of the person and authorize expenditures related to health care to the same extent as a guardian of the estate.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
S ECTION 1.
SECTION 1.
- 2026 Legislature - 2 - LRBs0544/1 SWB:skw/emw/cjs SECTION 1 50.06 (1) (intro.) In this section, “incapacitated”:
50.06 (1) (intro.) In this section, “incapacitated”:
S ECTION 2.
SECTION 2.
S ECTION 3.
SECTION 3.
50.06 (1) (b) “Advanced practice clinician” has the meaning given in s.
- 2026 Legislature - 5 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 SECTION 3 50.06 (1) (b) “Advanced practice clinician” has the meaning given in s.
- 2026 Legislature - 3 - LRBs0544/1 SWB:skw/emw/cjs SECTION 7 S ECTION 7.
S ECTION 7.
Neither of the individuals who make a finding that an individual is incapacitated may be a relative, as defined in s.
Neither of the individuals who make a finding that an individual is incapacitated may be a - 2026 Legislature - 6 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 SECTION 7 relative, as defined in s.
A copy of the written - 2026 Legislature - 4 - LRBs0544/1 SWB:skw/emw/cjs SECTION 8 statement shall be included in the incapacitated individual’s patient health care records and shall, within 72 hours following admission of the incapacitated individual to a facility under sub.
A copy of the written statement shall be included in the incapacitated individual’s patient health care records and shall, within 72 hours following admission of the incapacitated individual to a facility under sub.
(8), be filed with the register in probate for the county in which the incapacitated individual resides and sent to the adult-at-risk agency for the county in which the incapacitated individual resides.
(8), be sent to the corporation counsel for the county in which the incapacitated individual resides and the adult-at-risk agency for the county in which the incapacitated individual resides.
An adult-at- risk agency receiving a written statement is under no obligation to take any action with respect to the statement.
(8), prepare a written statement that they personally examined the individual, the date and location that the physician or advanced practice clinician determined the individual is no longer incapacitated for purposes of sub.
(8), - 2026 Legislature - 7 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 SECTION 9 prepare a written statement that they personally examined the individual, the date and location that the physician or advanced practice clinician determined the individual is no longer incapacitated for purposes of sub.
A copy of the written statement shall be included in the individual’s patient health care records and shall, within 72 hours of a determination made under this paragraph, be filed with the register in probate for the county in which the individual resides and sent to the adult-at-risk agency for the county in which the individual resides.
A copy of the written statement shall be included in the individual’s patient health care records and shall, within 72 hours of a determination made under this paragraph, be sent to the corporation counsel for the county in which the individual resides and the adult-at-risk agency for the county in which the individual resides.
An adult-at-risk agency receiving a written statement is under no obligation to take any action with respect to the statement.
S ECTION 10.
- 2026 Legislature - 5 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 10 S ECTION 10.
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(ar) and (b), a patient’s representative may, for the incapacitated individual, make health care decisions to the same extent as a guardian of the person may, enroll the incapacitated individual in the Medical Assistance program under subch.
(ar) and (b), a patient’s representative may, for the incapacitated individual, make health care decisions to the same extent as a guardian of the person may, enroll the incapacitated - 2026 Legislature - 8 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 S ECTION 11 individual in the Medical Assistance program under subch.
- 2026 Legislature - 6 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 11 3.
3.
50.06 (6) If Unless the incapacitated individual was admitted to a facility under sub.
- 2026 Legislature - 9 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 S ECTION 14 50.06 (6) If Unless the incapacitated individual was admitted to a facility under sub.
50.06 (7) An individual who consents to an admission under this section A patient’s representative may request a functional screening and a financial and - 2026 Legislature - 7 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 15 cost-sharing screening to determine eligibility for the family care benefit under s.
50.06 (7) An individual who consents to an admission under this section A patient’s representative may request a functional screening and a financial and cost-sharing screening to determine eligibility for the family care benefit under s.
2.
- 2026 Legislature - 10 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 SECTION 16 2.
The patient’s representative signs a declaration under oath and promptly submits the signed declaration to the discharging hospital and the accepting facility, to the adult-at-risk agency for the county in which the incapacitated individual resides, to all of the incapacitated individual’s family members that can be reasonably contacted following admission of the incapacitated individual to a facility under this subsection, and to the register in probate for the county in which the incapacitated individual resides for filing.
The patient’s representative signs a declaration under oath and promptly submits the signed declaration to the discharging hospital and the accepting facility, to the corporation counsel for the county in which the incapacitated individual resides, to the adult-at-risk agency for the county in which the incapacitated individual resides, and to all of the incapacitated individual’s family members that can be reasonably contacted following admission of the incapacitated individual to a facility under this subsection.
An adult-at-risk agency receiving a declaration is under no obligation to take any action with respect to the declaration.
The department shall prescribe a form declaration for use by a patient’s representative under this subdivision.
The department shall prescribe a form declaration for use by a patient’s - 2026 Legislature - 8 - LRBs0544/1 SWB:skw/emw/cjs SECTION 16 representative under this subdivision.
(5) (am), the patient’s representative agrees to exercise the degree of care, diligence, and good faith that an ordinarily prudent person exercises in his or her own affairs.
(5) (am), the patient’s representative agrees to exercise the - 2026 Legislature - 11 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 SECTION 16 degree of care, diligence, and good faith that an ordinarily prudent person exercises in his or her own affairs.
(3) does not - 2026 Legislature - 9 - LRBs0544/1 SWB:skw/emw/cjs SECTION 16 exist or no family member in a higher priority class is willing to make health care decisions on the incapacitated individual’s behalf under sub.
(3) does not exist or no family member in a higher priority class is willing to make health care decisions on the incapacitated individual’s behalf under sub.
3.
The facility to which the incapacitated individual is admitted under this subsection notifies the corporation counsel for the county in which the incapacitated individual resides of the admission no later than 72 hours after the admission.
(c) Nothing in this subsection or sub.
- 2026 Legislature - 12 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 S ECTION 16 (c) Nothing in this subsection or sub.
(e) 1.
(e) Any person, including the adult-at-risk agency for the county in which the incapacitated individual resides or the corporation counsel for the county in which the incapacitated individual resides, may petition the court to review whether the patient’s representative is acting in accordance with the known wishes or in the best interest of the incapacitated individual and is exercising the degree of care, diligence, and good faith when acting on behalf of the incapacitated individual that an ordinarily prudent person exercises in his or her own affairs.
Any person, including the adult-at-risk agency for the county in which the incapacitated individual resides or the corporation counsel for the county in which the incapacitated individual resides, may petition the court to review whether the patient’s representative is acting in accordance with the known wishes - 2026 Legislature - 10 - LRBs0544/1 SWB:skw/emw/cjs SECTION 16 or in the best interest of the incapacitated individual and is exercising the degree of care, diligence, and good faith when acting on behalf of the incapacitated individual that an ordinarily prudent person exercises in his or her own affairs.
The court may issue orders that the court determines necessary to protect the incapacitated individual, including any of the following:
1.
Directing the patient’s representative to act in the best interest of the incapacitated individual.
Notice of a petition under this paragraph shall be in writing.
Requiring the patient’s representative to report to the court periodically on the incapacitated individual’s status.
A copy of the petition and any related motion or other documents filed with the court shall be attached to the notice.
Unless otherwise provided, notice may be delivered in person, by certified mail with return receipt requested, or by facsimile transmission.
Notice is considered to be given by proof of personal delivery or by proof that the notice was mailed to the last-known address of the recipient or was sent by facsimile transmission to the last-known facsimile transmission number of the recipient.
Failure of the petitioner to provide notice to all interested persons shall deprive the court of jurisdiction unless receipt of notice is waived by the interested person or by the court under subd.
3.
b.
3.
Upon the filing of a petition under this paragraph, the court shall, except as provided in subd.
4., order the petitioner to serve notice on the incapacitated individual and to deliver notice to interested persons of the time and place of the hearing as follows:
a.
On the incapacitated individual by personal service at least 10 days before the time set for hearing.
The process server shall inform the incapacitated individual of the complete contents of the notice and petition, motion, or other required document;
certify on the notice that the process server served and informed the incapacitated individual;
and return the certificate and notice to the court.
b.
Personally or by mail at least 10 days before the time set for hearing to the - 2026 Legislature - 11 - LRBs0544/1 SWB:skw/emw/cjs SECTION 16 incapacitated individual’s counsel, if any;
the incapacitated individual’s guardian ad litem, if any;
any presumptive adult heirs, as specified in s.
851.09, of the incapacitated individual;
any other interested persons, unless specifically waived by the court;
any public or private agency, charity, or foundation from which the incapacitated individual is receiving aid or assistance;
and any other person that the court requires.
4.
The court may, in response to a petition filed under subd.
1., after a hearing, issue any order that the court determines necessary to protect the incapacitated individual, including an order that does any of the following:
a.
Directs the patient’s representative to act in the best interest of the incapacitated individual.
b.
Requires the patient’s representative to report to the court periodically on the incapacitated individual’s status.
c.
3.
Directs the patient’s representative not to make certain decisions or authorize certain expenditures under sub.
Directing the patient’s representative not to make certain decisions or authorize certain expenditures under sub.
5.
- 2026 Legislature - 13 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 S ECTION 16 (f) If an incapacitated individual is admitted to a facility pursuant to this subsection, any person, including the adult-at-risk agency for the county in which the incapacitated individual resides, the corporation counsel for the county in which the incapacitated individual resides, or any facility staff, may request that the incapacitated individual be reevaluated under sub.
The court may appoint a guardian ad litem for purposes of proceedings under this paragraph.
A guardian ad litem appointed under this subdivision shall be an attorney admitted to practice in this state and in compliance with the standards required for a guardian ad litem under ch.
54 set forth under SCR chapter 36.
No one who is an interested person in a proceeding, appears as counsel in a proceeding on behalf of any party, or is a relative or representative of an interested person may be appointed guardian ad litem in that proceeding or in any - 2026 Legislature - 12 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 16 other proceeding that involves the same incapacitated individual.
The guardian ad litem shall be an advocate for the best interests of the incapacitated individual.
The guardian ad litem shall function independently, in the same manner as an attorney for a party to the action, and shall consider, but is not bound by, the wishes of the incapacitated individual or the positions of others as to the best interests of the incapacitated individual.
The guardian ad litem has none of the rights or duties of a guardian.
The guardian ad litem shall perform all acts that are reasonably necessary to promote the incapacitated individual’s best interests.
6.
Except as otherwise provided under subd.
7., in any proceeding under this paragraph, the court may require the patient’s representative to pay personally any costs of the proceeding, including costs of service and attorney fees.
7.
If the court appoints a guardian ad litem under subd.
5., unless the court otherwise directs, the court may order reasonable compensation to be paid to the guardian ad litem from the incapacitated individual’s income or assets, if sufficient, or, if insufficient, by the county of venue, except that if court finds that the patient’s representative is not acting in accordance with the standards described under subd.
1., the court shall order the patient’s representative to pay the compensation of the guardian ad litem.
If a petition to the court under this paragraph is dismissed or the court otherwise finds that the patient’s representative is acting in accordance with the standards described under subd.
1., the court shall order the petitioner to pay the compensation of the guardian ad litem.
If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to a private attorney under s.
977.08 (4m).
The guardian ad - 2026 Legislature - 13 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 16 litem shall receive compensation for performing all acts that are reasonably necessary to promote the incapacitated individual’s best interests.
(f) If an incapacitated individual is admitted to a facility pursuant to this subsection, any person, including the adult-at-risk agency for the county in which the incapacitated individual resides, the corporation counsel for the county in which the incapacitated individual resides, or any facility staff, may request that the incapacitated individual be reevaluated under sub.
Complying, in the absence of actual knowledge of a limitation or revocation - 2026 Legislature - 14 - LRBs0544/1 SWB:skw/emw/cjs SECTION 16 of decision-making authority under par.
Complying, in the absence of actual knowledge of a limitation or revocation of decision-making authority under par.
(e), unless the health care facility or health care provider has actual knowledge of the order.
- 2026 Legislature - 14 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 S ECTION 16 (e), unless the health care facility or health care provider has actual knowledge of the order.
(h) Annually, upon request by the department, each register in probate shall submit to the department the number of declarations received under this - 2026 Legislature - 15 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 16 subsection.
(h) Annually, upon request by the department, each corporation counsel shall submit to the department the number of patients admitted into a facility under this subsection.
S ECTION 17.
- 2026 Legislature - 15 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 S ECTION 17 S ECTION 17.
50.06 (4) (b) or (c) and received by a register in probate under s.
50.06 (4) (b) or (c) and received by a corporation counsel under s.
851.72 (1m) and may request and review any declaration signed by a patient representative of the proposed ward pursuant to s.
59.42 (4) (b) 1.
and may request and review any declaration signed by a patient representative of the proposed ward pursuant to s.
and received by a register in probate under s.
and received by a corporation counsel under s.
851.72 (1m).
59.42 (4) (b) 1.
(c), request from the register in probate for the county in which the proposed ward resided prior to admission to a facility under s.
(c), request from the corporation counsel for the county in which the proposed ward resided prior to admission to a facility under s.
50.06 (8) a copy of any written statement filed with the register in probate under s.
50.06 (8) a copy of any written statement sent to the corporation counsel under s.
A copy, to be kept confidential from all parties, of any written statement - 2026 Legislature - 16 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 19 filed with the relevant register in probate under s.
A copy, under seal, of any written statement sent to the relevant corporation counsel under s.
A statement to the court that the petitioner requested any written statement filed with the relevant register in probate under s.
A statement to the court that the petitioner requested any written - 2026 Legislature - 16 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 S ECTION 19 statement sent to the relevant corporation counsel under s.
The register in probate for the county in which the proposed ward resided prior to admission to a facility under s.
The corporation counsel for the county in which the proposed ward resided prior to admission to a facility under s.
851.72 (1m), provide to the petitioner, upon request by the petitioner for temporary guardianship after the petition has been filed, a copy of any written statement filed with the register in probate under s.
59.42 (4), provide to the petitioner, upon request by the petitioner for temporary guardianship after the petition has been filed, a copy of any written statement sent to the corporation counsel under s.
1., the written statement filed with the register in probate under s.
1., the written statement sent to the corporation counsel under s.
If, after in camera review, the court determines that any written statement submitted under subd.
1.
need not be excluded and may be used as prima facie evidence in the proceedings under this section, the court shall order the petitioner to serve copies of any such written - 2026 Legislature - 17 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 19 statement to the proposed ward, the proposed ward’s counsel, if any, the guardian ad litem for the proposed ward, and the petitioner’s attorney, if any.
The written statements shall continue to be treated as confidential.
S ECTION 20.
- 2026 Legislature - 17 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 S ECTION 20 S ECTION 20.
146.82 (2) (a) 7m.
59.42 (4) of the statutes is created to read:
of the statutes is created to read:
59.42 (4) MAINTENANCE OF CERTAIN RECORDS .
146.82 (2) (a) 7m.
(a) In this subsection, “incapacitated individual” means an individual who was admitted to a facility pursuant to s.
To a register in probate for purposes of s.
50.06 (8).
50.06 (4) (b) or (c).
(b) 1.
S ECTION 21.
Each corporation counsel shall accept receipt of any written statement submitted under s.
146.904 of the statutes is created to read:
146.904 Hospital price transparency.
(1) In this section, “federal hospital price transparency regulations” means the federal regulations set forth in 45 CFR part 180.
(2) If the federal hospital price transparency regulations are repealed in their entirety, and no substantively similar federal regulations are created to replace the repealed regulations, then all of the following apply:
(a) The department shall promulgate and enforce, through administrative rule, the version of the federal hospital price transparency regulations as they existed upon their full repeal as the state hospital price transparency rule.
(b) In promulgating and enforcing a rule under par.
(a), the department shall not substantively deviate from the version of the federal hospital price transparency - 2026 Legislature - 18 - LRBs0544/1 SWB:skw/emw/cjs SECTION 21 regulations as they existed upon their full repeal.
The department shall monitor each hospital’s compliance with a rule promulgated and enforced under par.
(a) using any of the following methods:
1.
Evaluating complaints made to the department regarding noncompliance.
2.
Reviewing any analysis prepared regarding noncompliance.
3.
Auditing the websites of hospitals for noncompliance.
(c) The department shall create and maintain on its website a publicly available list of any hospital that has been found to have been in violation of any rule promulgated under par.
(a), including the dates that the hospital was not in compliance, that has been issued a penalty relating to a violation of a rule promulgated under par.
(a), or that has been sent, as the communication relates to a rule promulgated under par.
(a), a warning notice, request for a corrective action plan, or any other written communication from the department.
(3) Notwithstanding sub.
(2), if 45 CFR 180.60 is repealed in its entirety, and no substantively similar federal regulation is created to replace the repealed regulation, then all of the following apply:
(a) The department shall promulgate and enforce, through administrative rule, the version of 45 CFR 180.60 as it existed upon its full repeal as the state rule.
(b) In promulgating and enforcing a rule under par.
(a), the department shall not substantively deviate from the version of 45 CFR 180.60 as it existed upon its full repeal.
The department shall monitor each hospital’s compliance with a rule promulgated and enforced under par.
(a) using any of the following methods:
1.
Evaluating complaints made to the department regarding noncompliance.
2.
Reviewing any analysis prepared regarding noncompliance.
- 2026 Legislature - 19 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 21 3.
Auditing the websites of hospitals for noncompliance.
(c) The department shall create and maintain on its website a publicly available list of any hospital that has been found to have been in violation of any rule promulgated under par.
(a), including the dates that the hospital was not in compliance, that has been issued a penalty relating to a violation of a rule promulgated under par.
(a), or that has been sent, as the communication relates to a rule promulgated under par.
(a), a warning notice, request for a corrective action plan, or any other written communication from the department.
(4) Annually, the department shall review federal enforcement of the federal hospital price transparency regulations.
If the department determines that the federal agency responsible for enforcing the federal hospital price transparency regulations is not enforcing the federal hospital price transparency regulations, the department shall prepare a report of its findings to be distributed to the legislature in the manner provided in s.
13.172 (2).”.
S ECTION 22.
154.225 (1) (c) of the statutes is amended to read:
154.225 (1) (c) “Incapacitated” has the meaning given in s.
50.06 (1) (c).
S ECTION 23.
814.66 (1) (p) of the statutes is created to read:
814.66 (1) (p) For receiving a written statement or signed declaration for safekeeping, as provided under s.
851.72 (1m), $8.
S ECTION 24.
851.72 (1m) of the statutes is created to read:
851.72 (1m) (a) 1.
Accept receipt for filing and safekeeping of any written statement submitted under s.
For purposes of this subsection, “incapacitated individual” means an - 2026 Legislature - 20 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 24 individual who was admitted to a facility pursuant to s.
50.06 (8).
The register in probate shall treat documents submitted for safekeeping under this subsection as confidential, except as otherwise provided in this subsection.
Provide a copy of any written statement submitted under s.
Each corporation counsel shall provide a copy of any written statement submitted under s.
Provide, upon request, a copy of any written statement under s.
Each corporation counsel shall provide copies of written statements or signed declarations submitted under s.
50.06 (4) (b) or (c) or signed declaration submitted under s.
50.06 (4) (c) or (8) (a) 2.
50.06 (8) (a) 2.
50.06 (3) (a) to (f) or to any other person under the order of a court for good cause shown.
50.06 (3) (a) to (f).
Provide, upon request, a copy of any written statement submitted under s.
Each corporation counsel shall provide copies of any written statements submitted under s.
50.06 (4) (b) or (c) or signed declaration submitted under s.
50.06 (4) (b) and (c) or signed declarations submitted under s.
5.
(c) Each corporation counsel shall maintain each record received under this subsection and may only purge such records after the death of the incapacitated individual that is the subject of the records.
Provide, upon request, a copy of any written statement related to an incapacitated individual submitted under s.
S ECTION 21.
50.06 (4) (b) or (c) or any signed declaration related to an incapacitated individual submitted under s.
146.82 (2) (a) 7m.
50.06 (8) (a) 2.
of the statutes is created to read:
to any court or corporation counsel requesting a copy.
- 2026 Legislature - 18 - LRB-4934/1 JPC&SWB:emw/amn/cjs ASSEMBLY BILL 598 S ECTION 21 146.82 (2) (a) 7m.
(b) Maintain each record received under this subsection and purge such a record only after the death of the incapacitated individual who is the subject of the record and in accordance with protocols, as established by the department of health services, for verifying the death of an individual and destruction of written - 2026 Legislature - 21 - LRBs0544/1 SWB:skw/emw/cjs S ECTION 24 statements submitted under s.
To a corporation counsel for purposes of s.
50.06 (4) (b) and (c) and signed declarations submitted under s.
50.06 (4) (b) or (c).
50.06 (8) (a) 2.
SECTION 22.
SECTION 25.
154.225 (1) (c) of the statutes is amended to read:
Effective dates.
154.225 (1) (c) “Incapacitated” has the meaning given in s.
This act takes effect on the first day of the 3rd month beginning after publication, except as follows:
50.06 (1) (c).
(1) The treatment of s.
146.904 takes effect on the day after publication.
View plain text versions (2)

Action History

  1. Published 3-21-2026

  2. Report approved by the Governor on 3-20-2026. 2025 Wisconsin Act 115

  3. Representative J. Jacobson added as a coauthor

  4. Representative Emerson added as a coauthor

  5. Presented to the Governor on 3-19-2026

  6. Report correctly enrolled on 3-18-2026

  7. LRB correction (Assembly Substitute Amendment 3)

  8. Received from Senate concurred in

  9. Ordered immediately messaged

  10. Senator Smith added as a cosponsor

  11. Read a third time and concurred in, Ayes 28, Noes 5

  12. Rules suspended to give bill its third reading

  13. Ordered to a third reading

  14. Read a second time

  15. Representative Kitchens added as a coauthor

  16. Placed on calendar 3-17-2026 pursuant to Senate Rule 18(1)

  17. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  18. Representative Brown added as a coauthor

  19. Available for scheduling

  20. Read first time and referred to committee on Senate Organization

  21. Received from Assembly

  22. Ordered immediately messaged

  23. Read a third time and passed, Ayes 77, Noes 18

  24. Rules suspended

  25. Ordered to a third reading

  26. Assembly Substitute Amendment 3 adopted

  27. Assembly Substitute Amendment 3 offered by Representative Snyder

  28. Read a second time

  29. Assembly Substitute Amendment 2 offered by Representative Neubauer

  30. Made a special order of business at 1:22 PM on 2-18-2026 pursuant to Assembly Resolution 13

  31. Assembly Substitute Amendment 1 offered by Representative Snyder

  32. Representative Sheehan withdrawn as a coauthor

  33. Withdrawn from committee on Rules and referred to calendar of 2-17-2026

  34. Referred to committee on Rules

  35. Report passage as amended recommended by Committee on Health, Aging and Long-Term Care, Ayes 12, Noes 3

  36. Report Assembly Amendment 2 adoption recommended by Committee on Health, Aging and Long-Term Care, Ayes 14, Noes 1

  37. Report Assembly Amendment 1 adoption recommended by Committee on Health, Aging and Long-Term Care, Ayes 14, Noes 1

  38. Executive action taken

  39. Representative Stroud withdrawn as a coauthor

  40. Assembly Amendment 2 offered by Representative Snyder

  41. Representative Johnson withdrawn as a coauthor

  42. Assembly Amendment 1 offered by Representative Snyder

  43. Representative Prado withdrawn as a coauthor

  44. Fiscal estimate received

  45. Representative Roe withdrawn as a coauthor

  46. Representative Palmeri withdrawn as a coauthor

  47. Representative Moses added as a coauthor

  48. Public hearing held

  49. Read first time and referred to Committee on Health, Aging and Long-Term Care

  50. Introduced by Representatives Snyder, Subeck, Dittrich, Donovan, Doyle, Goodwin, Gundrum, Hurd, Johnson, Knodl, Kreibich, Kurtz, McCarville, Melotik, Mursau, Novak, O'Connor, Palmeri, Penterman, Piwowarczyk, Prado, Rivera-Wagner, Rodriguez, Roe, Sheehan, Sinicki, Stroud, Stubbs, Swearingen and Wittke; cosponsored by Senators Wimberger, Cabral-Guevara, Feyen, James and Quinn

Sponsors

Sponsorship breakdown

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1 sponsors · 34 co-sponsors · 97 not signed on · 20 voted No

Sponsors (1)

Co-sponsors (34)

Not signed on (97)

97 members have not signed on to this bill.

Show all 97 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 28 Yea · 5 Nay
Party YeaNayPresentNot Voting
Republican 16200
Democrat 9300
Unaffiliated 3000
Total 28500
% of votes cast 85%15%0%0%
How each member voted (33)
Member Party Vote
JOHNSON — Yea
DASSLER-ALFHEI — Yea
HABUSH SINYKIN — Yea
Carpenter, Tim Democrat Nay
Drake, Dora Democrat Yea
Hesselbein, Dianne Democrat Yea
Keyeski, Sarah Democrat Yea
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Yea
Ratcliff, Melissa Democrat Yea
Roys, Kelda Democrat Yea
Smith, Jeff Democrat Yea
Spreitzer, Mark Democrat Yea
Wall, Jamie Democrat Yea
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Nay
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Nay
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Read a third time and passed

Passed 77 Yea · 18 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 53000
Democrat 231703
Unaffiliated 1101
Total 771804
% of votes cast 78%18%0%4%
How each member voted (99)
Member Party Vote
JOHNSON — Not Voting
MOORE OMOKUNDE — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Arney, Margaret Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Yea
Brown, Brienne Democrat Yea
Clancy, Ryan Democrat Nay
Cruz, Angelina Democrat Yea
DeSanto, Karen Democrat Yea
DeSmidt, Ben Democrat Nay
Doyle, Steve Democrat Yea
Emerson, Jodi Democrat Yea
Fitzgerald, Joan Democrat Yea
Goodwin, Russell Democrat Yea
Haywood, Kalan Democrat Yea
Hong, Francesca Democrat Nay
Hysell, Andrew Democrat Nay
Jacobson, Jenna Democrat Yea
Joers, Alex Democrat Nay
Kirsch, Karen Democrat Yea
Madison, Darrin Democrat Nay
Mayadev, Renuka Democrat Nay
McCarville, Maureen Democrat Yea
McGuire, Tip Democrat Yea
Miresse, Vincent Democrat Nay
Neubauer, Greta Democrat Yea
Ortiz-Velez, Sylvia Democrat Yea
Palmeri, Lori Democrat Yea
Phelps, Christian Democrat Nay
Prado, Priscilla Democrat Not Voting
Rivera-Wagner, Amaad Democrat Yea
Roe, Ann Democrat Nay
Sheehan, Joe Democrat Not Voting
Sinicki, Christine Democrat Yea
Snodgrass, Lee Democrat Nay
Spaude, Ryan Democrat Yea
Stroud, Angela Democrat Nay
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Yea
Taylor, Sequanna Democrat Yea
Tenorio, Angelito Democrat Nay
Udell, Randy Democrat Yea
Vining, Robyn Democrat Not Voting
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brill, Lindee Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Franklin, Benjamin Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Jacobson, Brent Republican Yea
Kaufert, Dean Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Kreibich, Rob Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Piwowarczyk, Jim Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tucker, Duke Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 598 do?
An Act to renumber and amend 50.06 (1) and 50.06 (4); to amend 50.06 (2) (b), 50.06 (2) (c), 50.06 (5) (a) (intro.), 50.06 (5) (b), 50.06 (6), 50.06 (7), 50.08 (1) (b) and 154.225 (1) (c); to create 50.06 (1) (a), 50.06 (1) (b), 50.06 (1) (d), 50.06 (4) (b), 50.06 (4) (c), 50.06 (5) (am), 50.06 (5) (ar), 50.06 (8), 54.36 (1m), 54.50 (3) (cm), 59.42 (4) and 146.82 (2) (a) 7m. of the statutes;
Who sponsors AB 598?
AB 598 is sponsored by Wimberger, Cabral-Guevara, Feyen, James, Quinn, Snyder, Patrick (Republican), Subeck, Lisa (Democrat), Dittrich, Barbara (Republican), Donovan, Bob (Republican), Doyle, Steve (Democrat), Goodwin, Russell (Democrat), Gundrum, Rick (Republican), Hurd, Karen (Republican), Johnson, Tara (Democrat), Knodl, Daniel (Republican), Kreibich, Rob (Republican), Kurtz, Tony (Republican), McCarville, Maureen (Democrat), Melotik, Paul (Republican), Mursau, Jeffrey (Republican), Novak, Todd (Republican), O'Connor, Jerry (Republican), Palmeri, Lori (Democrat), Penterman, William (Republican), Piwowarczyk, Jim (Republican), Prado, Priscilla (Democrat), Rivera-Wagner, Amaad (Democrat), Rodriguez, Jessie (Republican), Roe, Ann (Democrat), Sheehan, Joe (Democrat), Sinicki, Christine (Democrat), Stroud, Angela (Democrat), Stubbs, Shelia (Democrat), Swearingen, Rob (Republican), and Wittke, Robert (Republican).
What is the current status of AB 598?
This bill has been sent to the executive. Introduced October 29, 2025. It awaits signature.
Where can I track AB 598?
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