AB539, s. 49 18Section 49. 46.90 (5) (b) (intro.) and 1. to 5. of the statutes are amended to read:
AB539,22,2119 46.90 (5) (b) (intro.) The scope of the elder-adult-at-risk agency's response or
20another investigative agency's
investigation is at the discretion of the investigating
21agency and
may include one or more of the following:
AB539,22,2222 1. A visit to the elder person's residence of the elder adult at risk.
AB539,22,2423 2. Observation of the elder person adult at risk, with or without consent of his
24or her guardian or agent under an activated power of attorney for health care, if any
.
AB539,23,4
13. An interview with the elder person. To the extent practicable, this interview
2shall be private
adult at risk, in private to the extent practicable, and with or without
3the consent of his or her guardian or agent under an activated power of attorney for
4health care, if any
.
AB539,23,75 4. An interview with the guardian or agent under an activated power of
6attorney for health care, if any, and with
any person who takes care caregiver of the
7elder person adult at risk.
AB539,23,98 5. A review of the treatment and patient health care records of the elder adult
9at risk
.
AB539, s. 50 10Section 50. 46.90 (5) (b) 6. of the statutes is created to read:
AB539,23,1511 46.90 (5) (b) 6. A review of any financial records of the elder adult at risk that
12are maintained by a financial institution, as defined in s. 705.01 (3); by an entity, as
13defined in s. 50.065; by any caregiver of the elder adult at risk; or by a member of the
14immediate family of the elder adult at risk or caregiver. The records shall be released
15without informed consent in either of the following circumstances:
AB539,23,2016 a. To an elder-adult-at-risk agency or other investigative agency under this
17section. The financial record holder may release financial record information by
18initiating contact with the elder-adult-at-risk agency or other investigative agency
19without first receiving a request for release of the information from the
20elder-adult-at-risk agency or other investigative agency.
AB539,23,2121 b. Under a lawful order of a court of record.
AB539, s. 51 22Section 51. 46.90 (5) (br) of the statutes is created to read:
AB539,23,2523 46.90 (5) (br) The elder-adult-at-risk agency or other investigative agency
24may transport the elder adult at risk for performance of a medical examination by
25a physician if any of the following applies:
AB539,24,2
11. The elder adult at risk or his or her guardian or agent under an activated
2power of attorney for health care, if any, consents to the examination.
AB539,24,43 2. The elder adult at risk is incapable of consenting to the examination and one
4of the following applies:
AB539,24,65 a. The elder adult at risk has no guardian or agent under an activated power
6of attorney for health care.
AB539,24,97 b. The elder adult at risk has a guardian or an agent under an activated power
8of attorney for health care, but that guardian or agent is the person suspected of
9abusing, neglecting, or financially exploiting the elder adult at risk.
AB539,24,1010 c. The examination is authorized by order of a court.
AB539, s. 52 11Section 52. 46.90 (5) (c) of the statutes is amended to read:
AB539,24,1812 46.90 (5) (c) If an investigator so requests, The elder-adult-at-risk agency may
13request
a sheriff or police officer shall to accompany the elder-adult-at-risk agency
14investigator or worker during visits to the elder person's residence and shall provide
15of the elder adult at risk or request other assistance as needed. If the request is made,
16a sheriff or police officer shall accompany the elder-adult-at-risk agency
17investigator or worker to the residence of the elder adult at risk and shall provide
18other assistance as requested or necessary.
AB539, s. 53 19Section 53. 46.90 (5) (d) 1. of the statutes is renumbered 46.90 (5) (d) and
20amended to read:
AB539,24,2521 46.90 (5) (d) If any a person except the elder person in question interferes with
22the response or investigation under this subsection or interferes with the delivery of
23protective services under ch. 55 to the elder adult at risk
, the elder-adult-at-risk
24agency
investigator or worker may apply for an order under ch. 813 s. 813.123
25prohibiting the interference.
AB539, s. 54
1Section 54. 46.90 (5) (d) 2. of the statutes is repealed.
AB539, s. 55 2Section 55. 46.90 (5) (f) of the statutes is amended to read:
AB539,25,93 46.90 (5) (f) If the investigator elder-adult-at-risk agency worker or
4investigator or other agency investigator
has reason to believe that substantial
5physical harm, irreparable injury, or death may occur to an elder person adult at risk,
6the worker or investigator shall immediately notify the protective services agency
7designated under s. 55.02
request immediate assistance in either initiating a
8protective services action under ch. 55 or contact law enforcement or another public
9agency, as appropriate
.
AB539, s. 56 10Section 56. 46.90 (5) (g) of the statutes is repealed.
AB539, s. 57 11Section 57. 46.90 (5) (h) of the statutes is created to read:
AB539,25,1612 46.90 (5) (h) No person may be held civilly or criminally liable or be found guilty
13of unprofessional conduct for responding to a report or for participating in or
14conducting an investigation under this subsection, including the taking of
15photographs or the conducting of a medical examination, if the response or
16investigation was performed in good faith and within the scope of his or her authority.
AB539, s. 58 17Section 58. 46.90 (5m) (title) and (a) of the statutes are amended to read:
AB539,26,618 46.90 (5m) (title) Provision Offer of services and referral of cases. (a) After
19the investigation is completed
Upon responding to a report, the county
20elder-adult-at-risk agency or the investigating investigative agency shall
21determine if whether the elder person adult at risk or any other individual involved
22in the alleged abuse, material abuse financial exploitation, neglect, or self-neglect
23is in need of services under this chapter or ch. 47, 49, 51 or, 55 or 880. From the
24appropriation under s. 20.435 (7) (dh), the department shall allocate to selected
25counties not less than $25,000 in each fiscal year, and within the limits of these funds

1and of available state and federal funds and of county funds appropriated to match
2the state and federal funds, the county elder-adult-at-risk agency shall provide the
3necessary direct services to the elder person adult at risk or other individual or
4arrange for the provision of the direct services with other agencies or individuals.
5Those direct services provided shall be rendered under the least restrictive
6conditions necessary to achieve their objective.
AB539, s. 59 7Section 59. 46.90 (5m) (b) of the statutes is amended to read:
AB539,26,128 46.90 (5m) (b) If the county agency designated under sub. (2)
9elder-adult-at-risk agency is not the aging unit, the county elder-adult-at-risk
10agency in each county shall consult with and accept advice from the aging unit with
11respect to the distribution of the funds for direct services that are allocated under par.
12(a).
AB539, s. 60 13Section 60. 46.90 (5m) (br) of the statutes is created to read:
AB539,26,1714 46.90 (5m) (br) If, after responding to a report, the elder-adult-at-risk agency
15has reason to believe that the elder adult at risk has been the subject of abuse,
16financial exploitation, neglect, or self-neglect, the elder-adult-at-risk agency may
17do any of the following:
AB539,26,1918 1. Request immediate assistance in initiating a protective services action under
19ch. 55 or contact an investigative agency, as appropriate.
AB539,26,2320 2. Take appropriate emergency action, including emergency protective
21placement under s. 55.06, if the elder-adult-at-risk agency determines that the
22emergency action is in the best interests of the elder adult at risk and the emergency
23action is the least restrictive appropriate intervention.
AB539,27,3
13. Refer the case to law enforcement officials, as specified in sub. (3) (a), for
2further investigation or to the district attorney, if the elder-adult-at-risk agency has
3reason to believe that a crime has been committed.
AB539,27,74 4. Refer the case to the licensing, permitting, registration, or certification
5authorities of the department or to other regulatory bodies if the residence, facility,
6or program for the elder adult at risk is or should be licensed, permitted, registered,
7or certified or is otherwise regulated.
AB539,27,108 5. Refer the case to the department of regulation and licensing if the financial
9exploitation, neglect, self-neglect, or abuse involves an individual who is required
10to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.
AB539,27,1511 6. Bring a petition for a guardianship and protective services or protective
12placement under ch. 55 or a review of an existing guardianship if necessary to
13prevent financial exploitation, neglect, self-neglect, or abuse and if the elder adult
14at risk would otherwise be at risk of serious harm because of an inability to arrange
15for necessary food, clothing, shelter, or services.
AB539, s. 61 16Section 61. 46.90 (5m) (c) of the statutes is amended to read:
AB539,27,2017 46.90 (5m) (c) An elder person adult at risk may refuse to accept services unless
18a guardian authorizes the services. The county elder-adult-at-risk agency or other
19provider agency shall notify the elder person adult at risk of this right to refuse before
20providing services.
AB539, s. 62 21Section 62. 46.90 (6) (a) of the statutes is renumbered 46.90 (6) (am) and
22amended to read:
AB539,28,823 46.90 (6) (am) The county elder-adult-at-risk agency or other investigating
24agency
shall prepare a departmental report on each investigation it conducts unless
25the agency finds, at the conclusion of the investigation, that the report of alleged

1abuse, material abuse, neglect or self-neglect is without foundation
form of its
2response under sub. (5) to a report of suspected abuse, financial exploitation, neglect,
3or self-neglect
. If an agency other than the county agency conducts the
4investigation, it
the elder-adult-at-risk agency refers the report to an investigative
5agency, the investigative agency
shall submit a copy of the investigation report to the
6county agency
advise the elder-adult-at-risk agency in writing of its response to the
7report. The elder-adult-at-risk agency shall maintain records of suspected abuse,
8financial exploitation, neglect, or self-neglect
.
AB539, s. 63 9Section 63. 46.90 (6) (ac) of the statutes is created to read:
AB539,28,1010 46.90 (6) (ac) In this subsection:
AB539,28,1311 1. "Departmental report form" includes documentation of an
12elder-adult-at-risk agency's response to or investigation of a report made under
13sub. (5) and is the information required to be submitted to the department.
AB539,28,1514 2. "Record" includes any document relating to the response, investigation,
15assessment, and disposition of a report made under this section.
AB539, s. 64 16Section 64. 46.90 (6) (b) (intro.) of the statutes is amended to read:
AB539,28,2117 46.90 (6) (b) (intro.) Reports of suspected abuse, material abuse, neglect or
18self-neglect and investigation reports under this section
Departmental report forms
19are confidential and may not be released by the county elder-adult-at-risk agency
20or other investigating investigative agency, except under the following
21circumstances they may be released:
AB539, s. 65 22Section 65. 46.90 (6) (b) 1. of the statutes is amended to read:
AB539,29,423 46.90 (6) (b) 1. To the elder person and adult at risk, any person named in a
24departmental report form who is suspected of abusing or, neglecting, or financially
25exploiting
an elder person adult at risk, and the suspect's attorney. These persons

1may inspect the departmental report on the investigation form, except that
2information identifying the person who initially reported the suspected abuse,
3material abuse financial exploitation, neglect, or self-neglect, or any other person
4whose safety might be endangered through disclosure,
may not be released.
AB539, s. 66 5Section 66. 46.90 (6) (b) 2. of the statutes is amended to read:
AB539,29,86 46.90 (6) (b) 2. To the protective services agency notified or other entity from
7which assistance is requested
under sub. (5) (f). Information obtained under this
8subdivision shall remain confidential.
AB539, s. 67 9Section 67. 46.90 (6) (b) 3. of the statutes is amended to read:
AB539,29,1410 46.90 (6) (b) 3. To an individual, organization, or agency designated by the
11department or as required by law for the purposes of management audits or program
12monitoring and evaluation. Information obtained under this subdivision shall
13remain confidential and shall may not be used in any way that discloses the names
14of or other identifying information about the individuals involved.
AB539, s. 68 15Section 68. 46.90 (6) (b) 4. of the statutes is amended to read:
AB539,29,2516 46.90 (6) (b) 4. For purposes of research, if the research project has been
17approved by the department or the county elder-adult-at-risk agency and the
18researcher has provided assurances that the information will be used only for the
19purposes for which it was provided to the researcher, the information will not be
20released to a person not connected with the study under consideration, and the final
21product of the research will not reveal information that may serve to identify the
22individuals involved. Such The information shall remain confidential. In approving
23research projects the use of information under this subdivision, the department shall
24impose any additional safeguards needed to prevent unwarranted disclosure of
25information.
AB539, s. 69
1Section 69. 46.90 (6) (b) 5. of the statutes is amended to read:
AB539,30,22 46.90 (6) (b) 5. Pursuant to Under a lawful order of a court of record.
AB539, s. 70 3Section 70. 46.90 (6) (b) 6. of the statutes is amended to read:
AB539,30,94 46.90 (6) (b) 6. To any agency or individual that provides direct services under
5sub. (5m), including an attending physician for purposes of diagnosis and treatment,
6and within the department to coordinate treatment for mental illness,
7developmental disabilities, alcoholism, or drug abuse of individuals committed to or
8under the supervision of the department
. Information obtained under this
9subdivision shall remain confidential.
AB539, s. 71 10Section 71. 46.90 (6) (b) 7. of the statutes is amended to read:
AB539,30,1711 46.90 (6) (b) 7. To the guardian of the elder person adult at risk or the guardian
12of any person named in a report who is suspected of abusing or, neglecting, or
13financially exploiting
an elder person adult at risk. These persons may inspect the
14departmental report on the investigation form, except that information identifying
15the person who initially reported the suspected abuse, material abuse financial
16exploitation
, neglect, or self-neglect, or any other person whose safety might be
17endangered through disclosure,
may not be released.
AB539, s. 72 18Section 72. 46.90 (6) (b) 9. and 10. of the statutes are created to read:
AB539,30,2219 46.90 (6) (b) 9. To a federal agency, state governmental agency, agency of any
20other state, or local governmental unit in this state or any other state that has a need
21for a departmental report form in order to carry out its responsibility to protect elder
22adults at risk from abuse, financial exploitation, neglect, or self-neglect.
AB539,30,2523 10. To the reporter who made a report in his or her professional capacity,
24regarding action to be taken to protect or provide services to the alleged victim of
25abuse, financial exploitation, neglect, or self-neglect.
AB539, s. 73
1Section 73. 46.90 (6) (bd) of the statutes is created to read:
AB539,31,52 46.90 (6) (bd) If a person requesting a departmental report form is not one of
3the persons or entities specified in par. (b), the elder-adult-at-risk agency may
4release information indicating only whether or not a report was received and
5whether or not statutory responsibility was fulfilled.
AB539, s. 74 6Section 74. 46.90 (6) (br) of the statutes is created to read:
AB539,31,97 46.90 (6) (br) Notwithstanding par. (b) 1. to 10., an elder-adult-at-risk agency
8or an investigative agency may not release departmental report forms under this
9section if any of the following applies:
AB539,31,1510 1. The elder-adult-at-risk agency determines that the release would be
11contrary to the best interests of the elder adult at risk who is the subject of the
12departmental report form or of another person residing with the subject of the
13departmental report form, or the release is likely to cause mental, emotional, or
14physical harm to the subject of the departmental report form or to any other
15individual.
AB539,31,1816 2. The district attorney determines that disclosure of the information would
17jeopardize any ongoing or future criminal investigation or prosecution or would
18jeopardize a defendant's right to a fair trial.
AB539,31,2119 3. The elder-adult-at-risk agency determines that disclosure would
20jeopardize ongoing or future civil investigations or proceedings or would jeopardize
21the fairness of such a legal proceeding.
AB539, s. 75 22Section 75. 46.90 (6) (bt) of the statutes is created to read:
AB539,32,223 46.90 (6) (bt) Subject to pars. (b), (bd), (br), (bv), and (bw), records under this
24subsection are confidential and may not be released by the elder-adult-at-risk

1agency or other investigative agency, except under the following circumstances, upon
2request:
AB539,32,33 1. To the elder adult at risk who is the alleged victim named in the record.
AB539,32,74 2. To the legal guardian, conservator, or other legal representative of the elder
5adult at risk who is the alleged victim named in the record, if the legal guardian,
6conservator, or other legal representative of the alleged victim is not the alleged
7perpetrator of the abuse, financial exploitation, or neglect.
AB539,32,108 3. To law enforcement officials and agencies in accordance with the policy
9developed under sub. (3) (a) or with investigations conducted under sub. (5), or a
10district attorney, for purposes of investigation or prosecution.
AB539,32,1311 4. To the department, under s. 51.03 (2), or for death investigations under s.
1250.04 (2t) or 50.035 (5); or to a sheriff, police department, or district attorney for
13death investigations under s. 51.64 (2) (a).
AB539,32,1814 5. To an employee of a county department under s. 51.42 or 51.437 that is
15providing services either to the elder adult at risk who is the alleged victim named
16in the record or to the alleged perpetrator of abuse, to determine whether the alleged
17victim should be transferred to a less restrictive or more appropriate treatment
18modality or facility.
AB539,32,2219 6. To a court, tribal court, or state governmental agency for a proceeding
20relating to the licensure or regulation of an individual or entity regulated or licensed
21by the state governmental agency, that was an alleged perpetrator of abuse, financial
22exploitation, or neglect.
AB539,32,2423 7. To the department, for management, audit, program monitoring,
24evaluation, billing, or collection purposes.
AB539,33,3
18. To the attorney or guardian ad litem for the elder adult at risk who is the
2alleged victim named in the record, to assist in preparing for any proceeding under
3ch. 48, 51, 55, 880, 971, or 975 pertaining to the alleged victim.
AB539,33,64 9. To a coroner, medical examiner, pathologist, or other physician investigating
5the cause of death of an elder adult at risk that is unexplained or unusual or is
6associated with unexplained or suspicious circumstances.
AB539,33,87 10. To staff members of the protection and advocacy agency designated under
8s. 51.62 and the board on aging and long-term care under s. 16.009.
AB539,33,119 11. To an agency, including a probation or parole agency, that is legally
10responsible for the supervision of an alleged perpetrator of abuse, neglect, or
11financial exploitation of an elder adult at risk.
AB539,33,1312 12. To a grand jury, if it determines that access to specified records is necessary
13for the conduct of its official business.
AB539,33,1414 13. Under a lawful order of a court of record.
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