LRB-5022/2
DAK:skg:jlb
1995 - 1996 LEGISLATURE
March 6, 1996 - Introduced by Representatives Silbaugh, Krusick, Freese,
Goetsch, Ainsworth, Powers, Ladwig, Carpenter, Owens, Meyer, Albers,
Green, Hahn, Skindrud, Johnsrud, Olsen, Otte, Gunderson, Seratti,
Kreibich, Urban
and Hasenohrl, cosponsored by Senators Buettner,
Clausing
and Grobschmidt. Referred to Committee on Aging and Long-Term
Care.
AB988,1,9 1An Act to amend 49.498 (3) (b) 1., 55.043 (1) (a) (intro.), 55.043 (4) (intro.), 55.043
2(4) (e), 55.043 (4) (f), 55.043 (5), 146.40 (4g) (a) 3., 146.40 (4r) (a), 146.40 (4r) (b)
3and 813.123 (5) (a) 3. a.; and to create 20.435 (6) (di), 46.90 (9m), 50.065 and
4165.815 of the statutes; relating to: requiring criminal history searches of
5certain persons hired or proposed to be hired by certain facilities or services,
6requiring conduct of an elder abuse awareness campaign, authorizing positions
7for the board on aging and long-term care, clarifying requirements for
8reporting the misappropriation of property, abuse or neglect of certain patients
9or facility residents, making appropriations and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, intentional abuse or intentional neglect and reckless abuse
or reckless neglect of a patient or resident of an adult day care center, adult family
home, community-based residential facility, foster home, group home, home health
agency, hospital, inpatient health care facility and certain other facilities or
programs is punishable as a felony, if performed under circumstances that are likely
to cause great bodily harm. If the abuse or neglect is performed under circumstances
not causing or likely to cause great bodily harm, the abuse or neglect is punishable
as a misdemeanor. Currently, the department of justice (DOJ) performs criminal
history searches and imposes fees for the searches that are for purposes unrelated
to criminal justice.
This bill requires that any person who is engaged in the business of providing
the services of an adult day care center, adult family home, assisted living facility,

community-based residential facility, home health agency, hospice, nursing home or
treatment facility request DOJ to perform a criminal history search on any
individual who may have access to patients or residents of the facility or service
whom the facility or agency proposes to hire and requires that DOJ conduct the
search. The bill prohibits such a facility or agency from intentionally hiring such an
individual who has been convicted of intentional or reckless abuse and who has not
been pardoned.
Under 1995 Wisconsin Act 27 (the biennial budget act), funding was eliminated
for the department of health and social services (DHSS) to conduct a statewide elder
abuse awareness campaign. Under the campaign, DHSS was to use mass media
communication and develop, print and distribute brochures and posters to increase
the general public's awareness of the problem of elder abuse. Also under the biennial
budget act, DHSS was renamed the department of health and family services
(DHFS). This bill creates an appropriation of general purpose revenues and requires
that DHFS conduct the elder abuse campaign.
This bill authorizes 2.0 additional full-time equivalent positions for the board
on aging and long-term care, for treatment complaint investigations and service as
mediators or advocates for the aged or disabled under the long-term care
ombudsman program, and appropriates general purpose revenues for the positions.
Finally, this bill makes a change in the current law regarding the kind of abuse
or neglect allegedly engaged in by a nurse's assistant that must be reported in the
DHSS registry, in order to conform state law to federal law. Under current state law,
an individual need only report to DHSS that he or she believes a nurse's assistant
has neglected, abused or misappropriated the property of a resident or patient. The
standard required under federal law includes not only the misappropriation of
property, but also patient abuse or neglect. This bill incorporates this federal
standard into state law.
For further information see the state and local 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:
AB988, s. 1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB988, s. 2 1Section 2. 20.435 (6) (di) of the statutes is created to read:
AB988,3,42 20.435 (6) (di) Elder abuse awareness campaign. The amounts in the schedule
3for the purpose of conducting a statewide elder abuse awareness campaign under s.
446.90 (9m).
AB988, s. 3 5Section 3. 46.90 (9m) of the statutes is created to read:
AB988,3,116 46.90 (9m) Elder abuse awareness campaign. From the appropriation under
7s. 20.435 (6) (di), the department shall conduct a statewide elder abuse awareness
8campaign by use of mass media communication, including public service
9announcements, and by development, printing and distribution of informational
10brochures and posters, to increase the general public's awareness of the problem of
11elder abuse.
AB988, s. 4 12Section 4. 49.498 (3) (b) 1. of the statutes is amended to read:
AB988,3,1813 49.498 (3) (b) 1. Inform each resident, orally and in writing at the time of
14admission to the nursing facility, of the resident's legal rights during the stay at the
15nursing facility, including a description of the protection of personal funds under sub.
16(8) and a statement that a resident may file a complaint with the department under
17s. 146.40 (4r) (a) concerning neglect, abuse or misappropriation of property, neglect
18or abuse
of a resident.
AB988, s. 5
1Section 5. 50.065 of the statutes is created to read:
AB988,4,3 250.065 Prior convictions, employes of certain facilities or services. (1)
3In this section:
AB988,4,64 (a) "Adult day care center" means a facility that is operated by an adult day care
5provider that provides care and services to persons who are aged 60 or older for less
6than 24 hours a day.
AB988,4,77 (b) "Treatment facility" has the meaning given in s. 51.01 (19).
AB988,4,15 8(2) Any person who is engaged in the business of providing the services of an
9adult day care center, an adult family home, an assisted living facility, a
10community-based residential facility, a home health agency, a hospice, a nursing
11home or a treatment facility shall request the department of justice to perform a
12criminal history search on any individual who may have access to patients or
13residents of the facility or service whom the adult day care center, adult family home,
14assisted living facility, community-based residential facility, home health agency,
15hospice, nursing home or treatment facility proposes to hire.
AB988,4,22 16(3) No adult day care center, adult family home, assisted living facility,
17community-based residential facility, home health agency, hospice, nursing home or
18treatment facility may intentionally hire an individual who may have access to
19patients or residents of the facility or service who has been convicted of intentional
20abuse or intentional neglect under s. 940.295 (3) (a) 1. or reckless abuse or reckless
21neglect under s. 940.295 (3) (a) 2. and who has not been pardoned for the violation
22resulting in the conviction.
AB988,4,23 23(4) Whoever violates sub. (3) may be required to forfeit not more than $1,000.
AB988, s. 6 24Section 6. 55.043 (1) (a) (intro.) of the statutes is amended to read:
AB988,5,8
155.043 (1) (a) (intro.) If a county protective services agency has probable cause
2to believe that there is abuse, neglect or misappropriation of property, neglect or
3abuse
, the county protective services agency may conduct an investigation in
4Milwaukee county to determine if the vulnerable adult in question is in need of
5protective services. The county protective services agency shall conduct the
6investigation in accordance with standards established by the department for
7conducting the investigations. The investigation shall include at least one of the
8following:
AB988, s. 7 9Section 7. 55.043 (4) (intro.) of the statutes is amended to read:
AB988,5,1310 55.043 (4) Offer of services. (intro.) If upon investigation the county
11protective services agency finds abuse, neglect or misappropriation of property,
12neglect or abuse
, the county protective services agency may do one or more of the
13following:
AB988, s. 8 14Section 8. 55.043 (4) (e) of the statutes is amended to read:
AB988,5,1815 55.043 (4) (e) Refer the case to the department of regulation and licensing or
16the appropriate examining board if the abuse, neglect or misappropriation of
17property, neglect or abuse involves an individual who is required to be licensed,
18permitted, certified or registered under chs. 440 to 459.
AB988, s. 9 19Section 9. 55.043 (4) (f) of the statutes is amended to read:
AB988,5,2420 55.043 (4) (f) Bring a petition for a guardianship and protective service or
21protective placement if necessary to prevent abuse, neglect or misappropriation of
22property, neglect or abuse and if the vulnerable adult would otherwise be at risk of
23serious harm because of an inability to arrange for necessary food, clothing, shelter
24and services.
AB988, s. 10 25Section 10. 55.043 (5) of the statutes is amended to read:
AB988,6,6
155.043 (5) Applicability. This section does not apply to patients or residents
2of state-operated or county-operated inpatient institutions or hospitals issued
3certificates of approval under s. 50.35 unless the alleged abuse, neglect or
4misappropriation of property, neglect or abuse of such a patient or resident is alleged
5to have been done by a person other than an employe of the inpatient institution or
6hospital.
AB988, s. 11 7Section 11. 146.40 (4g) (a) 3. of the statutes is amended to read:
AB988,6,108 146.40 (4g) (a) 3. Findings of the department under sub. (4r) (b) or of the
9hearing officer under sub. (4r) (d) concerning the neglect, abuse or misappropriation
10of property, neglect or abuse by an individual listed under subd. 2.
AB988, s. 12 11Section 12. 146.40 (4r) (a) of the statutes is amended to read:
AB988,6,1712 146.40 (4r) (a) Any individual may report to the department that he or she
13believes that a nurse's assistant has neglected, or abused a nursing home resident
14or a hospital patient
or misappropriated the resident's or patient's property of a
15nursing home resident or a hospital patient
or that a home health aide has neglected,
16or abused a home health agency patient or misappropriated the patient's property
17of a home health agency patient.
AB988, s. 13 18Section 13. 146.40 (4r) (b) of the statutes is amended to read:
AB988,7,819 146.40 (4r) (b) The department shall review and investigate any report
20received under par. (a) and, if the allegation is substantiated, make specific,
21documented findings concerning the neglect, abuse or misappropriation of property,
22neglect or abuse
. The department shall in writing by certified mail notify the nurse's
23assistant or home health aide specified in the report that his or her name and the
24department's findings about him or her shall be listed in the registry under sub. (4g)
25(a) 2. and 3. unless he or she contests the listings in a hearing before the department.

1The written notification shall describe the investigation conducted by the
2department, enumerate the findings alleging neglect, abuse or misappropriation of
3property, neglect or abuse of a nursing home resident or hospital or home health
4agency patient and explain the consequence to the nurse's assistant or home health
5aide of waiving a hearing to contest the findings. The nurse's assistant or home
6health aide named in the report shall have 30 days after receipt of the notification
7to indicate to the department in writing whether he or she intends to contest the
8listing or to waive the hearing.
AB988, s. 14 9Section 14. 165.815 of the statutes is created to read:
AB988,7,13 10165.815 Criminal history searches. (1) The department of justice shall
11conduct a criminal history search on any individual for whom such a request is made
12under s. 50.065 (2) and shall convey any information gathered from the criminal
13history search to the requester.
AB988,7,15 14(2) The requester of a criminal history search that is conducted under sub. (1)
15shall pay a fee as provided under s. 165.82.
AB988, s. 15 16Section 15. 813.123 (5) (a) 3. a. of the statutes is amended to read:
AB988,7,2117 813.123 (5) (a) 3. a. That the respondent has interfered with, or based upon
18prior conduct of the respondent may interfere with, an investigation of the
19vulnerable adult under s. 55.043 and that the interference complained of, if
20continued, would make it difficult to determine if abuse, neglect or misappropriation
21of property, neglect or abuse is occurring or may recur.
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