WI AB598

Patient's representatives may consent to admission of an incapacitated individual from a hospital to a nursing home or community-based residential facility without filing guardianship or protective placement petitions, provided they sign a declaration under oath and notify the county corporation counsel within 72 hours

Patient's representatives gain expanded authority to make health care decisions, enroll the individual in Medical Assistance, and authorize health care expenditures without the current 60-day time limitation that applies to other direct admissions

Incapacity determinations may now be made by two physicians or one physician plus one "advanced practice clinician" (nurse practitioner, physician assistant, or psychologist), and must be documented on DHS-prescribed forms sent to corporation counsel and adult-at-risk agencies within 72 hours

Written incapacity statements become self-authenticating prima facie evidence in temporary guardianship proceedings, allowing courts to find immediate need for a guardian without requiring foundational testimony

The alternative admission process expires 3 years after the bill's effective date, and DHS must submit annual reports to the legislature on the number of patients admitted under this procedure starting April 1, 2027