AB133-ASA1-AA2,180,2017
49.47
(6) (a) 7. Beneficiaries eligible under sub. (4) (a) 2. or (am) 1., for services
18under s. 49.46 (2) (a) and (b) that are related to pregnancy, including postpartum
19services and family planning services
, as defined in s. 253.07 (1) (b), or related to
20other conditions which may complicate pregnancy.".
AB133-ASA1-AA2,181,6
149.47
(4) (cm) 3. An individual who is otherwise eligible under this subsection
2and who has set aside funds in an irrevocable burial trust under s. 445.125 (1) (a) 2.
3shall, as a condition of eligibility for medical assistance, specify the state as a
4secondary beneficiary of the trust with respect to all funds in the trust that exceed
5the burial costs but do not exceed the amount of medical assistance paid on behalf
6of the individual.".
AB133-ASA1-AA2,181,1313
49.857
(1) (d) 3. A license issued under s. 48.66 (1)
(a) or (b).".
AB133-ASA1-AA2,181,22
1749.96 Assistance grants exempt from levy. All grants of aid to families with
18dependent children, payments made under ss. 48.57 (3m)
or
, (3n)
or (3o), 49.148 (1)
19(b) 1. or (c) or (1m) or 49.149 to 49.159, payments made for social services, cash
20benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal
21Title XVI, are exempt from every tax, and from execution, garnishment, attachment
22and every other process and shall be inalienable.".
AB133-ASA1-AA2,182,4
1"(d) For performance of a financial screen, the person, if seeking admission or
2about to be admitted on a private pay basis, waives the requirement under s. 46.283
3(4) (g), unless the person will be eligible for medical assistance within 6 months after
4performance of the financial screen.".
AB133-ASA1-AA2,182,9
6"(d) For performance of a financial screen, the person, if seeking admission or
7about to be admitted on a private pay basis, waives the requirement under s. 46.283
8(4) (g), unless the person will be eligible for medical assistance within 6 months after
9performance of the financial screen.".
AB133-ASA1-AA2,182,14
11"(d) For performance of a financial screen, the person, if seeking admission or
12about to be admitted on a private pay basis, waives the requirement under s. 46.283
13(4) (g), unless the person will be eligible for medical assistance within 6 months after
14performance of the financial screen.".
AB133-ASA1-AA2,182,19
16"4. For performance of a financial screen, the person, if seeking admission or
17about to be admitted on a private pay basis, waives the requirement under s. 46.283
18(4) (g), unless the person will ybe eligible for medical assistance within 6 months
19after performance of the financial screen.".
AB133-ASA1-AA2,182,24
20520. Page 749, line 17: after "
(1)" insert "
. For performance of a financial
21screen, the individual who consents, if seeking admission for the individual or if the
22individual is about to be admitted on a private pay basis, may waive the requirement
23under s. 46.283 (4) (g), unless the person will be eligible for medical assistance within
246 months after performance of the financial screen".
AB133-ASA1-AA2,183,33
50.065
(1) (ag) 1. "Caregiver" means any of the following:
AB133-ASA1-AA2,183,54
a. A person who is, or is expected to be, an employe or contractor of an entity
5and who has, or is expected to have, direct, regular contact with clients of the entity.
AB133-ASA1-AA2,183,76
b. A person who has, or is seeking, a license, certification, registration, or
7certificate of approval issued or granted by the department to operate an entity.
AB133-ASA1-AA2,183,108
c. A person who is, or is expected to be, an employe of the board on aging and
9long-term care and who has, or is expected to have, regular, direct contact with
10clients.
AB133-ASA1-AA2,183,1311
2. "Caregiver" does not include a person who is certified as an emergency
12medical technician under s. 146.50 if the person is employed, or seeking employment,
13at the entity as an emergency medical technician.
AB133-ASA1-AA2,183,1715
50.065
(1) (bm) "Contractor" means, with respect to an entity, a person, or that
16person's agent, who provides services to the entity under an express or implied
17contract or subcontract, including a person who has staff privileges at the entity.
AB133-ASA1-AA2,183,2419
50.065
(1) (c) (intro.) "Entity" means a facility, organization or service that is
20licensed or certified by or registered with the department to provide direct care or
21treatment services to clients. "Entity" includes a hospital, a personal care worker
22agency
and, a supportive home care service agency
, a temporary employment agency
23that provides caregivers to another entity and the board on aging and long-term
24care. "Entity" does not include any of the following:
AB133-ASA1-AA2,184,42
50.065
(1) (cn) "Nonclient resident" means a person who resides, or is expected
3to reside, at an entity, who is not a client of the entity and who has, or is expected to
4have, direct, regular contact with clients of the entity.
AB133-ASA1-AA2,184,126
50.065
(1) (e) 1. "Serious crime" means a violation of s. 940.01, 940.02, 940.03,
7940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3),
8940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 and 948.03 (2) (a), or a violation of
9the law of any other state or United States jurisdiction that would be a violation of
10s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or
11(3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 and 948.03
12(2) (a) if committed in this state.
AB133-ASA1-AA2,184,1913
2. For the purposes of an entity that serves persons under the age of 18, "serious
14crime" includes a violation of s. 948.02 (2), 948.03 (2) (b) and (c), 948.05, 948.055,
15948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 or
16a violation of the law of any other state or United States jurisdiction that would be
17a violation of s. 948.02 (2), 948.03 (2) (b) and (c), 948.05, 948.055, 948.06, 948.07,
18948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 if committed in this
19state.
AB133-ASA1-AA2, s. 1521g
20Section 1521g. 50.065 (2) (a) (intro.) of the statutes is renumbered 50.065 (4m)
21(a) (intro.).
AB133-ASA1-AA2, s. 1521m
7Section 1521m. 50.065 (2) (ag) (intro.) of the statutes is renumbered 50.065
8(4m) (b) (intro.) and amended to read:
AB133-ASA1-AA2,185,149
50.065
(4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
10sub. (5), an entity may not hire or contract with a
person who will be under the
11entity's control, as defined by the department by rule, and who is expected to have
12access to its clients, caregiver or permit to reside at the entity a
person who is not a
13client and who is expected to have access to a client nonclient resident, if the entity
14knows or should have known any of the following:
AB133-ASA1-AA2,186,4
150.065
(2) (am) (intro.)
Subject to subd. 5. and par. (bd), the The department
2shall obtain all of the following with respect to a person specified under
par. (a)
3(intro.) sub. (1) (ag) 1. b. and a person
specified under par. (ag) (intro.) who is a
4nonclient resident or prospective nonclient resident of an entity:
AB133-ASA1-AA2,186,166
50.065
(2) (am) 5. Information maintained by the department under this
7section regarding any denial to the person of a license, certification, certificate of
8approval or registration or of a continuation of a license, certification, certificate of
9approval or registration to operate an entity for a reason specified in
par. sub. (4m) 10(a) 1. to 5. and regarding any denial to the person of employment at, a contract with
11or permission to reside at an entity for a reason specified in
par. (ag) sub. (4m) (b) 1.
12to 5. If the information obtained under this subdivision indicates that the person has
13been denied a license, certification, certificate of approval or registration,
14continuation of a license, certification, certificate of approval or registration, a
15contract, employment or permission to reside as described in this subdivision, the
16department need not obtain the information specified in subds. 1. to 4.
AB133-ASA1-AA2, s. 1521v
17Section 1521v. 50.065 (2) (b) 1. of the statutes is renumbered 50.065 (2) (b),
18and 50.065 (2) (b) (intro.) and 5., as renumbered, are amended to read:
AB133-ASA1-AA2,186,2219
50.065
(2) (b) (intro.)
Subject to subds. 1. e. and 2. and par. (bd), every Every 20entity shall obtain all of the following with respect to a
person specified under par.
21(ag) (intro.) who is an employe or contractor or a prospective employe or contractor 22caregiver of the entity:
AB133-ASA1-AA2,187,823
5. Information maintained by the department under this section regarding any
24denial to the person of a license, certification, certificate of approval or registration
25or of a continuation of a license, certification, certificate of approval or registration
1to operate an entity for a reason specified in
par. sub. (4m) (a) 1. to 5. and regarding
2any denial to the person of employment at, a contract with or permission to reside
3at an entity for a reason specified in
par. (ag)
sub. (4m) (b) 1. to 5. If the information
4obtained under this
subd. 1. e. subdivision indicates that the person has been denied
5a license, certification, certificate of approval or registration, continuation of a
6license, certification, certificate of approval or registration, a contract, employment
7or permission to reside as described in this
subd. 1. e. subdivision, the entity need
8not obtain the information specified in
subd. subds. 1.
a. to d. to 4.
AB133-ASA1-AA2,187,1411
50.065
(2) (bb) If information obtained under par. (am) or (b) indicates a charge
12of a crime or violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 or
13947.013 without a recorded disposition, the department or entity shall make every
14reasonable effort to determine the disposition of the charge.
AB133-ASA1-AA2,188,216
50.065
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department is not
17required to obtain the information specified in par. (am) 1. to 5., and an entity is not
18required to obtain the information specified in par. (b) 1.
a. to e. to 5., with respect
19to a person under 18 years of age whose background information form under sub. (6)
20(am) indicates that the person is not ineligible to be employed, contracted with or
21permitted to reside at an entity for a reason specified in
par. (ag) sub. (4m) (b) 1. to
225. and with respect to whom the department or entity otherwise has no reason to
23believe that the person is ineligible to be employed, contracted with or permitted to
24reside at an entity for any of those reasons. This paragraph does not preclude the
25department from obtaining, at its discretion, the information specified in par. (am)
11. to 5. with respect to a person described in this paragraph who is a nonclient
2resident or a prospective nonclient resident of an entity.
AB133-ASA1-AA2,188,164
50.065
(2) (bg) If an entity
takes an action specified in par. (ag) (intro.) with
5respect to an employe, prospective employe, contractor or prospective contractor 6hires or contracts with a caregiver for whom, within the last 4 years, the information
7required under par. (b) 1.
a. to
c.
3. and
e. 5. has already been obtained
, either by
8another entity
or by a temporary employment agency, the entity may obtain
the that
9information
required under par. (b) 1. a. to c. and e. from that other entity
or
10temporary employment agency, which shall provide the information, if possible, to
11the
requesting entity. If an entity cannot obtain the information required under par.
12(b) 1.
a. to
c. 3. and
e. 5. from another entity
or from a temporary employment agency 13or if an entity has reasonable grounds to believe that any information obtained from
14another entity
or from a temporary employment agency is no longer accurate, the
15entity shall obtain that information from the sources specified in par. (b) 1.
a. to
3. 16and
e. 5.
AB133-ASA1-AA2,188,2418
50.065
(2) (bm) If the person who is the subject of the search under par. (am)
19or (b)
1. is not a resident of this state, or if at any time within the 3 years preceding
20the date of the search that person has not been a resident of this state, the
21department or entity shall make a good faith effort to obtain from any state
or other
22United States jurisdiction in which the person is a resident or was a resident within
23the 3 years preceding the date of the search information that is equivalent to the
24information specified in par. (am) 1. or (b) 1.
a.
AB133-ASA1-AA2, s. 1521zc
1Section 1521zc. 50.065 (2) (c) of the statutes is renumbered 50.065 (4m) (c)
2and amended to read:
AB133-ASA1-AA2,189,153
50.065
(4m) (c) If the background information form completed by a person
4under sub. (6) (am) indicates that the person is not ineligible to be employed or
5contracted with for a reason specified in par.
(ag)
(b) 1. to 5., an entity may employ
6or contract with the person for not more than 60 days pending the receipt of the
7information sought under
par. sub. (2) (b)
1. If the background information form
8completed by a person under sub. (6) (am) indicates that the person is not ineligible
9to be permitted to reside at an entity for a reason specified in par.
(ag) (b) 1. to 5. and
10if an entity otherwise has no reason to believe that the person is ineligible to be
11permitted to reside at an entity for any of those reasons, the entity may permit the
12person to reside at the entity for not more than 60 days pending receipt of the
13information sought under
par. sub. (2) (am). An entity shall provide supervision for
14a person who is employed or contracted with or permitted to reside as permitted
15under this paragraph.
AB133-ASA1-AA2,189,2017
50.065
(2) (d) Every entity shall maintain, or shall contract with another
18person to maintain, the most recent background information obtained on a caregiver
19under par. (b). The information shall be made available for inspection by authorized
20persons, as defined by the department by rule.
AB133-ASA1-AA2,190,222
50.065
(3) (a) Every 4 years or at any time within that period that the
23department considers appropriate, the department shall request the information
24specified in sub. (2) (am) 1. to
4. 5. for all persons who are licensed to operate an entity
1and for all persons
specified in par. (ag) (intro.) who are nonclient residents of an
2entity.
AB133-ASA1-AA2,190,74
50.065
(3) (b) Every 4 years or at any other time within that period that an
5entity considers appropriate, the entity shall request the information specified in
6sub. (2) (b) 1.
a. to
d. 5. for all
persons specified in sub. (2) (ag) (intro.) who are
7employes or contractors caregivers of the entity.
AB133-ASA1-AA2,190,149
50.065
(3m) Notwithstanding subs. (2) (b)
1. and (3) (b), if the department
10obtains the information required under sub. (2) (am) or (3) (a) with respect to a person
11specified in sub. (2) (a) (intro.) who is a caregiver specified under sub. (1) (ag) 1. b. 12and that person is also an employe, contractor or nonclient resident of the entity, the
13entity is not required to obtain the information specified in sub. (2) (b)
1. or (3) (b)
14with respect to that person.
AB133-ASA1-AA2,190,1816
50.065
(4) An entity that violates sub. (2)
or, (3)
or (4m) (b) may be required to
17forfeit not more than $1,000 and may be subject to other sanctions specified by the
18department by rule.
AB133-ASA1-AA2, s. 1521zi
19Section 1521zi. 50.065 (4m) (b) (intro.) of the statutes, as affected by 1999
20Wisconsin Act .... (this act), is amended to read:
AB133-ASA1-AA2,190,2421
50.065
(4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
22sub. (5), an entity may not
hire employ or contract with a caregiver or permit to reside
23at the entity a nonclient resident, if the entity knows or should have known any of
24the following:
AB133-ASA1-AA2,191,16
150.065
(5) (intro.) The department may license, certify, issue a certificate of
2approval to or register to operate an entity a person who otherwise may not be
3licensed, certified, issued a certificate of approval or registered for a reason specified
4in sub.
(2) (4m) (a) 1. to 5. , and an entity may employ, contract with or permit to reside
5at the entity a person who otherwise may not be employed, contracted with or
6permitted to reside at the entity for a reason specified in sub.
(2) (ag) (4m) (b) 1. to
75., if the person demonstrates to the department
, or, in the case of an entity that is
8located within the boundaries of a federally recognized American Indian reservation,
9to the tribal governing body of that reservation, by clear and convincing evidence and
10in accordance with procedures established by the department by rule
, or by the tribal
11governing body, that he or she has been rehabilitated. No person who has been
12convicted of any of the following offenses may be permitted to demonstrate that he
13or she has been rehabilitated
until the later of at least 5 years after the date of the
14conviction or adjudication for that offense or at least 5 years after the date of the
15person's release from imprisonment, a secured juvenile facility or a commitment
16order for that offense:
AB133-ASA1-AA2,191,2119
50.065
(5d) (a) Any tribal governing body that chooses to conduct
20rehabilitation reviews under sub. (5) shall submit to the department a rehabilitation
21review plan that includes all of the following:
AB133-ASA1-AA2,191,2222
1. The criteria to be used to determine if a person has been rehabilitated.
AB133-ASA1-AA2,191,2423
2. The title of the person or body designated by the tribe to whom a request for
24review must be made.
