Wisconsin AB 736: Relating to: establishing a Palliative Care Council. (FE)

Bill Text

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2023 - 2024  LEGISLATURE
2023 ASSEMBLY BILL 736
December 6, 2023 - Introduced by Representatives SNYDER, ARMSTRONG, BROOKS,
DITTRICH,   JACOBSON,   MOSES,   MURSAU,   O'CONNOR,   ORTIZ-VELEZ,   SINICKI,
STEFFEN  and  GUNDRUM,  cosponsored  by  Senators  JAMES,  CABRAL-GUEVARA,
WANGGAARD  and  SPREITZER.  Referred  to  Committee  on  Health,  Aging  and
Long-Term Care.
AN  ACT  to  create  15.197  (22m)  and  146.695  of  the  statutes;  relating  to:
establishing a Palliative Care Council.
Analysis by the Legislative Reference Bureau
This  bill  establishes  within  the  Department  of  Health  Services  a  Palliative
Care Council, which includes as members a statewide group of medical and clinical
professionals with expertise in the provision of palliative care services, as well as
patients or family members of patients who have experience receiving palliative care
services, to advise DHS about palliative care issues.
The  bill  requires  the  council  to  consult  with  and  advise  DHS  regarding  1)
outcome  evaluation  of  established  palliative  care  programs;  2)  the  economic  and
quality of life effectiveness of palliative care that is provided along with curative
treatment; 3) the mechanisms for and adequacy of reimbursement for palliative care
services; and 4) any other issues relating to palliative care arising through meetings
or  discussions,  as  the  council  determines  appropriate.    The  bill  provides  that  the
council  may  not  consult  with  or  advise  DHS  on  physician-assisted  suicide,
euthanasia, medical aid in dying, or any other act that would condone, authorize,
approve,  or  permit  any  affirmative  or  deliberate  act  to  end  life  other  than  the
withholding or withdrawing of health care under an advance directive or power of
attorney for health care so as to permit the natural process of dying.  Under the bill,
DHS must, in consultation with the council, establish a statewide palliative care
consumer  and  professional  information  and  education  program  to  ensure  that
comprehensive  and  accurate  information  and  education  about  palliative  care  are
available to the public, health care providers, and health care facilities.  The bill
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provides  that  DHS  must  make  certain  information  and  resources  regarding
palliative  care  available  on  its  website.    Under  the  bill,  the  council  must  submit
reports  to  the  appropriate  standing  committees  of  the  legislature  providing  its
analysis on the issues of access to palliative care and the impact of palliative care on
health care delivery systems in this state and on families that have experience with
palliative care services.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1.  15.197 (22m) of the statutes is created to read:
15.197   (22m)      PALLIATIVE   CARE   COUNCIL.      (a)      In   this   subsection,
“community-based  palliative  care  program”  means  a  program  in  which  care  is
provided in a patient's home or place of residence.
(b)    There  is  created  in  the  department  of  health  services  a  palliative  care
council.  The council shall consist of not more than 22 members appointed, except as
otherwise provided in this paragraph, by the secretary of health services to serve for
3-year terms, including all of the following:
1.  Five physician members, 3 of whom are palliative care physicians and 2 of
whom are primary care physicians.
2.  Four advanced practice nurse prescribers certified under s. 441.16 (2) and
certified  in  palliative  care.    Two  shall  have  provided  direct  patient  care  in  a
community-based palliative care program for at least 2 of the last 5 years.  Two shall
have provided direct patient care in a hospital-based palliative care program for at
least 2 of the last 5 years.
3.  Three health care professionals, including a nurse, a social worker, and a
spiritual care professional.
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4.  Two patients or family members of patients who have experience receiving
palliative care services.
5.      Two   nonclinical   health   care   leaders   with   experience   operating
community-based palliative care programs.
6.    One  representative  from  a  health  care  insurance  company  who  has
experience making decisions about reimbursement for palliative care services.
7.  One representative from the department of health services who works on
issues relating to aging and long-term care.
8.    One  representative  to  the  assembly  appointed  by  the  speaker  of  the
assembly.
9.  One representative to the assembly appointed by the minority leader of the
assembly.
10.