FRI AM News: Lawmakers plan to reintroduce No Patient Left Alone Act; Mercyhealth paying $1M to settle allegations of religious discrimination

August 15, 2025

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— Republican lawmakers are circulating legislation from last session that would allow patients in Wisconsin health care facilities to receive visitors during public health emergencies, with various restrictions in place.

Sen. André Jacque, R-New Franken, and Rep. Chuck Wichgers, R-Muskego, recently sent out a cosponsorship memo for LRB 4368/1 and 0049/1, called the No Patient Left Alone Act. They say they’ll be reintroducing the legislation after it passed the Senate last session but wasn’t taken up by an Assembly committee.

The lawmakers say the COVID-19 pandemic “highlighted a heartbreaking and avoidable consequence” of emergency public health protocols, as thousands of patients and residents were “left to suffer alone.” They note family members and caregivers weren’t able to make visits to hospitals, long-term care facilities and hospices, even in critical situations.

“Despite the heroic efforts of health care workers, virtual visits often proved insufficient,” bill authors wrote. “The emotional, psychological, and even physical harm caused by prolonged isolation has been widely documented, especially among older adults and individuals with disabilities.”

The memo says the bill reflects the final, amended version of 2023 Senate Bill 257 that passed the state Senate on a voice vote early last year.

Under the legislation, assisted living facilities, nursing homes and hospitals would be required to allow “certain visits” for residents or patients during an outbreak or epidemic of a communicable disease. Facilities would need to allow at least one member of the clergy and an “essential visitor” during “compassionate care” situations, such as when the resident is grieving or approaching the end of life.

The bill lays out qualifying situations where hospitals would need to allow clergy members or essential visitors, such as if the attending health care provider judges the benefit of the visit “outweighs the potential negative impacts” on other patients, visitors and staff. That’s according to an analysis by the Legislative Reference Bureau included in the memo.

Along with defining an essential visitor, the bill also provides exceptions where the care facility could deny visitation. Those include: if the visitor won’t comply with health and safety policies; if it’s unknown if the visitor or patient could spread a contagious disease and adequate precautions aren’t available; and if the resident or patient declines the visit, among others.

Other provisions of the bill relate to potential federal visitation guidance overriding the bill’s requirements, a process for filing complaints against facilities that don’t comply, and more.

“While COVID-19 brought this issue to the forefront, this legislation is not about looking backward,” bill authors wrote in the memo. “It’s about ensuring Wisconsin is prepared for the future — with clear policies that preserve human dignity, empower families, and respect the vital role of caregivers and loved ones in the healing process.”

The cosponsorship deadline is Aug. 27 at 5 p.m.

See the legislation’s history and bill text here.

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— Mercyhealth will pay $1 million as part of an agreement to resolve allegations of religious discrimination related to employee COVID-19 vaccination exemptions, federal officials announced.

The U.S. Equal Employment Opportunity Commission this week issued a press release detailing the agreement with the Illinois health system, which also has facilities in Wisconsin. Along with the settlement payment, the company has also offered to rehire workers that it fired for not complying with its COVID-19 vaccination policy, according to the release.

After an investigation by the EEOC, the agency says it had “reasonable cause” to believe the health system discriminated against its employees based on their religion by denying religious accommodations for vaccine requirements and either firing the workers or deducting wages.

It also found the company had likely discriminated against workers across all facilities by denying them the opportunity to request such an accommodation, and firing them or withholding pay, the release shows.

In a statement included in the agency’s release, Mercyhealth Chief Nursing Officer Kara Sankey said the health system respects the religious beliefs and practices of its employees.

“During the COVID-19 pandemic, Mercyhealth had to confront and address extraordinary challenges in order to carry out its charitable health care mission, while doing its best to protect the health and safety of its patients and its employees and comply with federal rules requiring all hospital staff receive vaccinations,” Said Sankey, who’s also vice president of clinical operations for the health system.

See the release.

— Cranberry growers in the state are projecting a smaller harvest for this year with 5.3 million barrels, down from last year’s total of 6.01 million barrels.

Despite the decline, that projected total would still make Wisconsin the largest producer of cranberries in the world with 65% of total U.S. production. That’s according to new figures from the USDA’s National Agricultural Statistics Service, highlighted yesterday by the Wisconsin State Cranberry Growers Association.

The state has led the country in cranberry production totals for more than 30 years, the group notes. Wisconsin cranberries are grown on about 25,000 acres across 19 counties in the state’s northern and central regions, where the harvest usually starts in late September and runs through October.

Only 5% of the state’s crop is sold as fresh fruit, while the rest is frozen and later used for dried cranberries, juices, sauces and other products, according to the association.

Grant Holley, the group’s executive director, says growers are facing “unpredictable weather” and other challenges outside of their control. Still, she says the group is hearing growers are optimistic about having a good crop this year.

“Our industry not only fuels thousands of Wisconsin jobs — over 4,000 strong — but also drives nearly a billion dollars in economic impact, showing just how deeply rooted cranberries are in our state’s heritage and future,” she said in a statement.

While the group cautions that final harvest totals can shift with changing conditions, Wisconsin has a sizable lead on other top states for cranberry production based on the NASS projections. This year, Massachusetts is expected to produce 1.75 million barrels, followed by Oregon with 560,000 barrels and New Jersey with 520,000 barrels.

The overall national crop is expected to hit 8.13 million barrels.

See more in the release.

— The state unemployment rate ticked down to 3.1% in July, according to preliminary data released by the Department of Workforce Development.

Last month’s rate was 0.1 percentage points below June’s unemployment rate of 3.2% and 1.1 percentage points below the national rate of 4.2%, the DWD release shows.

Meanwhile, the state’s labor force participation rate dipped slightly to 65% last month, but remained above the national rate of 62.2% for July.

Wisconsin’s labor force total fell to 3,149,900 last month, marking a decline of 6,700 over the month and 27,000 over the year.

Scott Hodek, section chief of DWD’s Office of Economic Advisors, yesterday said the state’s labor market “has cooled a bit” along with the national economy, though state unemployment remains historically low.

Yesterday’s briefing comes after national jobs figures for May and June were revised downward at the start of August, showing much weaker national employment gains than expected in recent months. President Donald Trump then fired the commissioner of the Bureau of Labor Statistics, Erika McEntarfer, alleging she faked jobs numbers.

In contrast, Wisconsin’s monthly employment revision showed relatively little change for June’s figures compared with the preliminary data released last month. That’s because state and national jobs figures are based on separate data sets with different methodologies, an agency spokesperson said.

Watch the video of DWD’s briefing and see the release.

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