Wisconsin Hospitals Urge State Senate to Pass 'Next of Kin' Bill

Legislation would allow family members to make limited patient care decisions without court-ordered guardianship

Published on Mar. 9, 2026

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Local hospitals in Wisconsin are calling on the state Senate to pass Assembly Bill 598, known as the 'next of kin' legislation, before the legislative session ends. The bill would allow family members, including spouses, to make limited patient care decisions for incapacitated loved ones without first obtaining court-ordered guardianship. This is seen as a way to help address hospital capacity concerns tied to delays in transferring patients to post-acute care facilities.

Why it matters

Under current law, families without a pre-established medical power of attorney cannot authorize the transfer of an incapacitated patient from an acute-care hospital to a post-acute care rehabilitation facility. This has contributed to emergency department backlogs across the state, as hundreds of patients are waiting unnecessarily in hospitals due to the inability to transfer them to appropriate post-acute care.

The details

Assembly Bill 598 passed the Wisconsin Assembly with bipartisan support in mid-February. Governor Evers has committed to signing the legislation if it reaches his desk. The State Senate is scheduled to hold its final floor period of the session within the next two weeks. According to the Wisconsin Hospital Association, delays in transferring patients to post-acute care facilities are among the most significant contributors to emergency department backlogs across the state.

  • Assembly Bill 598 passed the Wisconsin Assembly in mid-February 2026.
  • The Wisconsin State Senate is scheduled to hold its final floor period of the session within the next two weeks.

The players

Bob Erickson

President and CEO of HSHS Wisconsin Market

Kyle O'Brien

President and CEO of the Wisconsin Hospital Association

Tony Evers

Governor of Wisconsin

Wisconsin State Senate

The upper chamber of the Wisconsin legislature

Wisconsin Assembly

The lower chamber of the Wisconsin legislature

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What they’re saying

“At our HSHS hospitals in Wisconsin, we are not unique to capacity concerns due to the acute needs of the communities we serve. In fact, hundreds of patients across Wisconsin are unnecessarily waiting in a hospital — many in emergency departments — due to the inability to transfer patients out of the hospital when they no longer need our care. It's a challenge for both those patients needing post-acute care and also for patients who are forced to wait for their own necessary acute care.”

— Bob Erickson, President and CEO of HSHS Wisconsin Market (WBAY)

“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. 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.”

— Kyle O'Brien, President and CEO of the Wisconsin Hospital Association (WBAY)

What’s next

The Wisconsin State Senate is scheduled to hold its final floor period of the session within the next two weeks, during which they will decide whether to pass Assembly Bill 598.

The takeaway

This legislation has the potential to significantly improve hospital capacity and patient care in Wisconsin by allowing families to more easily transfer incapacitated loved ones to appropriate post-acute care facilities. The bipartisan support for the bill highlights the urgency of the issue, and the final decision now rests with the state Senate.