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SB1108: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6528/1
KMS:emw
2025 SENATE BILL 1108
March 12, 2026 - Introduced by Senators
Drake
,
Wirch
,
Roys
,
Ratcliff
and
Larson
, cosponsored by Representatives
Stubbs
,
Arney
,
Taylor
,
Emerson
,
Rivera-Wagner
,
Goodwin
,
Hong
,
Clancy
,
Madison
,
Sinicki
and
Palmeri
. Referred to Committee on Insurance, Housing, Rural Issues and Forestry.
SB1108,1,4
1
An Act
to create
49.45 (30t), 49.46 (2) (b) 12p. and 253.087 of the statutes;
2
relating to:
reimbursement for doula services under the Medical Assistance
3
program, doulas accompanying Medical Assistance recipients in hospitals and
4
birthing centers, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services to request any necessary waiver of federal law or amendment to the state Medical Assistance plan to allow MA reimbursement for doula services and, if any necessary waiver or amendment is approved, directs DHS to reimburse certified doulas for doula services provided to MA recipients. Under the bill, doula services consist of childbirth education and support services, including emotional and physical support provided during pregnancy, labor, birth, and the postpartum period.
In addition, the bill requires a hospital or birthing center to adopt, maintain, and publish on its website written policies and procedures to permit a patient who is an MA recipient to be accompanied on the hospital’s or birthing center’s premises before, during, and after childbirth by a doula of the patient’s choice who is a certified MA provider. Under the bill, a hospital or birthing center may not count the doula against any quota for the number of support persons or guests who may accompany the patient. The bill also provides that the doula may not access a patient if that access is inconsistent with generally accepted medical practices or standards; a hospital may not be held liable for any act or omission by the doula based solely upon the fact that the hospital allowed a patient to be accompanied by the doula; and the doula must provide, upon request of a hospital or birthing center, written acknowledgement that they are a certified MA provider.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1108,1
1
Section
1
.
49.45 (30t) of the statutes is created to read:
SB1108,2,2
2
49.45
(30t)
Doula services.
(a) In this subsection:
SB1108,2,4
3
1. “Certified doula” means an individual who has received certification from a
4
doula certifying organization recognized by the department.
SB1108,2,7
5
2. “Doula services” means childbirth education and support services,
6
including emotional and physical support, provided during pregnancy, labor, birth,
7
and the postpartum period.
SB1108,2,14
8
(b) The department shall request from the secretary of the federal
9
department of health and human services any required waiver of federal law
10
relating to Medical Assistance or required amendment to the state plan for Medical
11
Assistance to allow reimbursement for doula services provided by a certified doula.
12
If the waiver or state plan amendment is granted, the department shall reimburse
13
a certified doula under s. 49.46 (2) (b) 12p. for the allowable charges for doula
14
services provided to Medical Assistance recipients.
SB1108,2
15
Section
2
.
49.46 (2) (b) 12p. of the statutes is created to read:
SB1108,2,17
16
49.46
(2)
(b) 12p. Doula services provided by a certified doula, as specified
17
under s. 49.45 (30t).
SB1108,3
18
Section
3
.
253.087 of the statutes is created to read:
SB1108,3,1
1
253.087
Doulas in hospitals and birthing centers.
(1)
In this section:
SB1108,3,3
2
(a) “Birthing center” means a facility that is not part of a hospital and that
3
provides maternity care that does not require hospitalization.
SB1108,3,4
4
(b) “Hospital” has the meaning given in s. 50.33 (2).
SB1108,3,6
5
(c) “Medical Assistance–certified doula” means a doula who is certified by the
6
department under s. 49.45 (2) (a) 11. a.
SB1108,3,13
7
(2)
By no later than the first day of the 7th month beginning after the effective
8
date of this subsection .... [LRB inserts date], each hospital and each birthing center
9
shall adopt and maintain written policies and procedures to permit a patient who is
10
a Medical Assistance recipient to have a Medical Assistance–certified doula of the
11
patient’s choice accompany the patient within the hospital’s or birthing center’s
12
premises for the purposes of providing support before, during, and after labor and
13
childbirth.
SB1108,3,18
14
(3)
A hospital or birthing center may not count against the hospital’s or
15
birthing center’s quota for support persons or guests who may accompany patients
16
a Medical Assistance–certified doula who accompanies a patient who is a Medical
17
Assistance recipient within the hospital’s or birthing center’s premises for the
18
purposes of providing support before, during, and after labor and childbirth.
SB1108,3,22
19
(4)
A hospital or birthing center shall publish on its website a summary of the
20
hospital’s or birthing center’s policies and procedures under sub. (2) and contact
21
information to facilitate communications between the hospital or birthing center
22
and Medical Assistance–certified doulas and doula organizations.
SB1108,4,2
23
(5)
Notwithstanding sub. (2), a Medical Assistance–certified doula may not
1
have access to a patient who is a Medical Assistance recipient when that access is
2
inconsistent with generally accepted medical standards or practices.
SB1108,4,9
3
(6)
A hospital is not liable for any act or omission resulting from the provision
4
of services by a Medical Assistance–certified doula solely on the basis that the
5
hospital permitted a patient who is a Medical Assistance recipient to have the
6
Medical Assistance–certified doula of the patient’s choice accompany the patient
7
within the hospital’s or birthing center’s premises for the purposes of providing
8
support before, during, or after labor and childbirth. A hospital and a Medical
9
Assistance–certified doula shall be held liable for their own acts or omissions.
SB1108,4,12
10
(7)
At the request of a hospital or birthing center, a Medical
11
Assistance–certified doula shall provide written acknowledgement of their
12
certification by the department under s. 49.45 (2) (a) 11. a.
SB1108,4,13
13
(end)
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