“At any given time, hundreds of patients across Wisconsin are unnecessarily waiting in a hospital, many in emergency departments, due to the inability to transfer patients who no longer need our care out of the hospital,” said Emplify Health CEO Scott Rathgaber, MD.
“This means patients are not getting the appropriate post-acute care they need, while other patients are forced to wait for necessary acute care.”
The state legislature could immediately help address hospital capacity concerns by passing Assembly Bill 598 through the Senate, making it easier for incapacitated patients to receive appropriate post-acute care. Many families, including spouses, do not realize that without a pre-established medical power of attorney they are unable to assist their incapacitated loved ones when they need to be transferred from an acute-care hospital to a post-acute care rehab facility.
Assembly Bill 598, often referred to as “next of kin” legislation, would allow for family members, including spouses, to have limited authority to make necessary patient care decisions without waiting weeks or months, and spending thousands of dollars, for a court to determine guardianship.
“Very few pieces of legislation have an immediate impact on access to care in a Wisconsin hospital. Passing Assembly Bill 598 is one of those opportunities,” said Wisconsin Hospital Association President/CEO Kyle O’Brien. “WHA has been proud to work with both Republicans and Democrats in the state legislature, in addition to Governor Evers, to find bipartisan agreement on this legislation — but we still need the Senate to act.”
In the next two weeks, the Wisconsin State Senate is set to have its final floor period before the legislature adjourns. The Assembly passed Assembly Bill 598 with overwhelming bipartisan support in mid-February and Gov. Evers has committed to sign the legislation into law, if passed.
In 2025, Emplify Health had approximately 500 days patients stayed beyond what was medically necessary. The passage of next of kin legislation would greatly reduce that number by providing a better path to post-acute care.
“We ask state senators to ensure this ‘next of kin’ legislation passes the state legislature to relieve hospital capacity concerns in our communities and across the state,” Rathgaber said.
To learn more about this critical legislation, please visit WHA’s website at: https://www.wha.org/advocacy/key-issues/n/next-of-kin-legislation
