Amendment SSA1-AB988

LRBs0703/2

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1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 988

May 1, 1996 - Offered by Committee on Health, Human Services and Aging.

AB988-SSA1,1,10 An Act to amend 49.498 (3) (b) 1., 55.043 (1) (a) (intro.), 55.043 (4) (intro.), 55.043 (4) (e), 55.043 (4) (f), 55.043 (5), 146.40 (4g) (a) 3., 146.40 (4r) (a), 146.40 (4r) (b) and 813.123 (5) (a) 3. a.; and to create 20.435 (6) (di), 46.90 (9m) and 146.40 (4s) of the statutes; relating to: requiring inquiries for registry information for certain persons employed or proposed to be hired by certain facilities or services, prohibiting hiring or employment of certain persons, requiring conduct of an elder abuse awareness campaign, authorizing positions for the board on aging and long-term care, clarifying requirements for reporting the misappropriation of property, abuse or neglect of certain patients or facility residents and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB988-SSA1, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB988-SSA1, s. 2 Section 2. 20.435 (6) (di) of the statutes is created to read:

AB988-SSA1,2,4 20.435 (6) (di) Elder abuse awareness campaign. The amounts in the schedule for the purpose of conducting a statewide elder abuse awareness campaign under s. 46.90 (9m).

AB988-SSA1, s. 3 Section 3. 46.90 (9m) of the statutes is created to read:

AB988-SSA1,2,11 46.90 (9m) Elder abuse awareness campaign. From the appropriation under s. 20.435 (6) (di), the department shall conduct a statewide elder abuse awareness campaign by use of mass media communication, including public service announcements, and by development, printing and distribution of informational brochures and posters, to increase the general public's awareness of the problem of elder abuse.

AB988-SSA1, s. 4 Section 4. 49.498 (3) (b) 1. of the statutes is amended to read:

AB988-SSA1,2,18 49.498 (3) (b) 1. Inform each resident, orally and in writing at the time of admission to the nursing facility, of the resident's legal rights during the stay at the nursing facility, including a description of the protection of personal funds under sub. (8) and a statement that a resident may file a complaint with the department under s. 146.40 (4r) (a) concerning neglect, abuse or misappropriation of a resident's property or neglect or abuse of a resident.

AB988-SSA1, s. 5 Section 5. 55.043 (1) (a) (intro.) of the statutes is amended to read:

AB988-SSA1,3,9 55.043 (1) (a) (intro.) If a county protective services agency has probable cause to believe that there is abuse, neglect or misappropriation of property, neglect or abuse, the county protective services agency may conduct an investigation in Milwaukee county to determine if the vulnerable adult in question is in need of protective services. The county protective services agency shall conduct the investigation in accordance with standards established by the department for conducting the investigations. The investigation shall include at least one of the following:

AB988-SSA1, s. 6 Section 6. 55.043 (4) (intro.) of the statutes is amended to read:

AB988-SSA1,3,14 55.043 (4) Offer of services. (intro.) If upon investigation the county protective services agency finds abuse, neglect or misappropriation of property, neglect or abuse, the county protective services agency may do one or more of the following:

AB988-SSA1, s. 7 Section 7. 55.043 (4) (e) of the statutes is amended to read:

AB988-SSA1,3,19 55.043 (4) (e) Refer the case to the department of regulation and licensing or the appropriate examining board if the abuse, neglect or misappropriation of property, neglect or abuse involves an individual who is required to be licensed, permitted, certified or registered under chs. 440 to 459.

AB988-SSA1, s. 8 Section 8. 55.043 (4) (f) of the statutes is amended to read:

AB988-SSA1,3,25 55.043 (4) (f) Bring a petition for a guardianship and protective service or protective placement if necessary to prevent abuse, neglect or misappropriation of property, neglect or abuse and if the vulnerable adult would otherwise be at risk of serious harm because of an inability to arrange for necessary food, clothing, shelter and services.

AB988-SSA1, s. 9 Section 9. 55.043 (5) of the statutes is amended to read:

AB988-SSA1,4,7 55.043 (5) Applicability. This section does not apply to patients or residents of state-operated or county-operated inpatient institutions or hospitals issued certificates of approval under s. 50.35 unless the alleged abuse, neglect or misappropriation of a patient's or resident's property or neglect or abuse of such a patient or resident is alleged to have been done by a person other than an employe of the inpatient institution or hospital.

AB988-SSA1, s. 10 Section 10. 146.40 (4g) (a) 3. of the statutes is amended to read:

AB988-SSA1,4,11 146.40 (4g) (a) 3. Findings of the department under sub. (4r) (b) or of the hearing officer under sub. (4r) (d) concerning the neglect, abuse or misappropriation of property, neglect or abuse by an individual listed under subd. 2.

AB988-SSA1, s. 11 Section 11. 146.40 (4r) (a) of the statutes is amended to read:

AB988-SSA1,4,18 146.40 (4r) (a) Any individual may report to the department that he or she believes that a nurse's assistant has neglected, or abused a nursing home resident or a hospital patient or misappropriated the resident's or patient's property of a nursing home resident or a hospital patient or that a home health aide has neglected, or abused a home health agency patient or misappropriated the patient's property of a home health agency patient.

AB988-SSA1, s. 12 Section 12. 146.40 (4r) (b) of the statutes is amended to read:

AB988-SSA1,5,9 146.40 (4r) (b) The department shall review and investigate any report received under par. (a) and, if the allegation is substantiated, make specific, documented findings concerning the neglect, abuse or misappropriation of property, neglect or abuse. The department shall in writing by certified mail notify the nurse's assistant or home health aide specified in the report that his or her name and the department's findings about him or her shall be listed in the registry under sub. (4g) (a) 2. and 3. unless he or she contests the listings in a hearing before the department. The written notification shall describe the investigation conducted by the department, enumerate the findings alleging neglect, abuse or misappropriation of property or neglect or abuse of a nursing home resident or hospital or home health agency patient and explain the consequence to the nurse's assistant or home health aide of waiving a hearing to contest the findings. The nurse's assistant or home health aide named in the report shall have 30 days after receipt of the notification to indicate to the department in writing whether he or she intends to contest the listing or to waive the hearing.

AB988-SSA1, s. 13 Section 13. 146.40 (4s) of the statutes is created to read:

AB988-SSA1,5,11 146.40 (4s) (a) In this subsection:

AB988-SSA1,5,14 1. "Adult day care center" means a facility that is operated by an adult day care provider that provides care and services to persons who are aged 60 or older for less than 24 hours a day.

AB988-SSA1,5,15 2. "Adult family home" has the meaning given in s. 50.01 (1).

AB988-SSA1,5,16 3. "Assisted living facility" has the meaning given in s. 50.01 (1d).

AB988-SSA1,5,18 4. "Community-based residential facility" has the meaning given in s. 50.01 (1g).

AB988-SSA1,5,19 5. "Hospice" has the meaning given in s. 50.90 (1).

AB988-SSA1,5,20 6. "Treatment facility" has the meaning given in s. 51.01 (19).

AB988-SSA1,6,3 (b) Beginning on the effective date of this paragraph .... [revisor inserts date], the owner, operator or administrator of an adult day care center, an adult family home, an assisted living facility, a community-based residential facility, a home health agency, a hospice, a nursing home or a treatment facility shall, for any individual who may have access to patients or residents of the facility or service whom the adult day care center, adult family home, assisted living facility, community-based residential facility, home health agency, hospice, nursing home or treatment facility proposes to hire, do all of the following:

AB988-SSA1,6,5 1. Request from the department any information regarding the individual that is contained in the registry under sub. (4g) (a) 2.

AB988-SSA1,6,7 2. Determine whether the registry indicates that the individual has a history of neglect or abuse of a patient or resident.

AB988-SSA1,6,12 (c) No adult day care center, adult family home, assisted living facility, community-based residential facility, home health agency, hospice, nursing home or treatment facility may hire an individual who may have access to patients or residents of the facility or service and who is listed on the registry under sub. (4g) (a) 2. as having neglected or abused a patient or resident.

AB988-SSA1,6,13 (d) Section 939.61 does not apply to this subsection.

AB988-SSA1, s. 14 Section 14. 813.123 (5) (a) 3. a. of the statutes is amended to read:

AB988-SSA1,6,19 813.123 (5) (a) 3. a. That the respondent has interfered with, or based upon prior conduct of the respondent may interfere with, an investigation of the vulnerable adult under s. 55.043 and that the interference complained of, if continued, would make it difficult to determine if abuse, neglect or misappropriation of property, neglect or abuse is occurring or may recur.

AB988-SSA1, s. 15 Section 15. Nonstatutory provisions; health and family services.

AB988-SSA1,6,21 (1)  Registry information for certain employes.

AB988-SSA1,6,22 (a)  In this subsection:

AB988-SSA1,6,24 1. "Adult day care center" has the meaning given in section 146.40 (4s) (a) 1. of the statutes, as created by this act.

AB988-SSA1,7,2 2.  "Adult family home" has the meaning given in section 50.01 (1) of the statutes.

AB988-SSA1,7,4 3.  "Assisted living facility" has the meaning given in section 50.01 (1d) of the statutes.