Assembly Bill 598 proposes significant changes to the admission process for incapacitated individuals into nursing homes or community-based residential facilities. The bill allows a patient's representative to consent to such admissions without the need for 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 acknowledging 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 further modifies the authority of a patient's representative to make health care decisions and enroll the incapacitated individual in the Medical Assistance program without the previous time limitations. It establishes that this authority ceases if a guardian is appointed, the individual is discharged to a non-facility setting, or if a health care power of attorney is established. The bill also removes the requirement for individual consent to admission and allows the patient's representative to request functional and financial screenings for family care benefits. If the admission is on a private pay basis, the representative can waive the financial screening requirement unless the individual is expected to qualify for medical assistance within six months. Overall, Assembly Bill 598 aims to streamline the admission process while ensuring proper oversight and documentation.

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)