Assembly Bill 598 proposes changes to the process by which a patient's representative can consent to the admission of an incapacitated individual to a nursing home or community-based residential facility. The bill allows such admissions without requiring a petition for guardianship or protective placement, provided specific conditions are met, including direct admission from a hospital inpatient unit and notification of the county's corporation counsel within 72 hours. The patient's representative must also sign a declaration affirming their authority to make health care decisions. Additionally, the bill expands the definition of who can determine incapacity to include advanced practice clinicians alongside physicians.

The bill modifies existing provisions regarding the authority of a patient's representative, removing time limitations on their ability to make health care decisions and enroll the incapacitated individual in the Medical Assistance program, as long as certain conditions are met. However, this authority will end if a guardian is appointed or if the individual is discharged to a non-facility setting. The bill also amends Section 50.06 (7) to replace "An individual who consents to an admission under this section" with "A patient’s representative," allowing them to request functional and financial screenings for family care benefits and to waive the financial screening requirement if the individual is expected to become eligible for medical assistance within six months. Furthermore, a new section, 50.06 (8), is introduced to formalize the process for patient representatives to consent to admissions under the specified conditions.

Statutes affected:
Bill Text: 50.06(2)(b), 50.06, 50.06(2)(c), 50.06(5)(a)(intro.), 50.06(5)(b), 50.06(6), 50.06(7)