Amendment AA9-ASA1-AB100

AB100-ASA1-AA9,20,8 d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.

AB100-ASA1-AA9,20,12 2. Subdivision 1. does not apply with respect to a person with whom the entity contracts or whom the entity employs to provide infrequent or sporadic services, including maintenance services and other services that are not directly related to the care of a client.

AB100-ASA1-AA9,20,18 3. Subdivision 1. does not apply with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the entity for any of those reasons.

AB100-ASA1-AA9,21,2 (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person for whom, within the last 4 years, the information required under par. (b) 1. a. to c. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. from another entity or from a temporary employment agency, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c.

AB100-ASA1-AA9,21,8 (bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department or entity shall make a good faith effort to obtain from any state in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a.

AB100-ASA1-AA9,21,15 (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (b) 1. An entity shall provide supervision for a person who is employed or contracted with or permitted to reside as permitted under this paragraph.

AB100-ASA1-AA9,21,18 (3) (a) Every 4 years or at any time within that period that the department considers appropriate, the department shall request the information specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity.

AB100-ASA1-AA9,21,21 (b) Every 4 years or at any other time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.).

AB100-ASA1-AA9,22,2 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department obtains the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or resident of the entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.

AB100-ASA1-AA9,22,4 (4) An entity that violates sub. (2) or (3) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB100-ASA1-AA9,22,13 (5) The department may license to operate an entity a person who otherwise may not be licensed for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

AB100-ASA1-AA9,22,14 (a) First-degree intentional homicide under s. 940.01.

AB100-ASA1-AA9,22,15 (b) First degree sexual assault under s. 940.225 (1).

AB100-ASA1-AA9,22,16 (c) First degree sexual assault of a child under s. 948.02 (1).

AB100-ASA1-AA9,22,19 (d) Second degree sexual assault of a child under s. 948.02 (2) if the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.

AB100-ASA1-AA9,22,24 (e) Repeated acts of sexual assault of the same child under s. 948.025 if the child had not attained the age of 13, or if the child had attained the age of 13 and had not attained the age of 16 and the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.

AB100-ASA1-AA9,23,5 (5c) Any person who is permitted but fails under sub. (5) to demonstrate to the department that he or she has been rehabilitated may appeal to the secretary of health and family services or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this subsection has a right to a contested case hearing under ch. 227.

AB100-ASA1-AA9,23,13 (5g) Beginning on the first January 1 after the effective date of this subsection .... [revisor inserts date], and annually thereafter, the department shall submit a report to the legislature under s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate to the department that they have been rehabilitated under sub. (5), the number of persons who successfully demonstrated that they have been rehabilitated under sub. (5) and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated.

AB100-ASA1-AA9,23,20 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, and an entity may refuse to employ, contract with or permit to reside at the entity a person specified in sub. (2) (ag) (intro.), if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is, in the estimation of the department or entity, substantially related to the care of a client.

AB100-ASA1-AA9,23,23 (6) (a) The department shall require any person who applies for issuance or continuation of a license to operate an entity to complete a background information form that is provided by the department.

AB100-ASA1-AA9,24,3 (am) Every 4 years an entity shall require all of the following persons to complete a background information form that is provided to the entity by the department:

AB100-ASA1-AA9,24,6 1. A person who is an employe, prospective employe, contractor or prospective contractor of the entity, who will be under the entity's control and who has, or is expected to have, access to its clients, other than a person specified in sub. (2) (b) 2.

AB100-ASA1-AA9,24,9 2. A person who is a resident or prospective resident at the entity and who is not a client or prospective client of the entity, if the person has, or is expected to have, access to any client of the entity.

AB100-ASA1-AA9,24,15 (b) For persons specified under par. (a) who are regulated, licensed or certified by, or registered with, the department, for person specified in par. (am) 2., and for other persons specified by the department by rule, the entity shall send the background information form to the department. For all other persons specified in par. (a) and for persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department.

AB100-ASA1-AA9,24,18 (c) A person who provides false information on a background information form required under this subsection may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB100-ASA1-AA9,24,19 (7) The department shall do all of the following:

AB100-ASA1-AA9,25,3 (a) Establish by rule a definition of "serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client and shall include classes of crimes or acts involving abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The definition may also include other crimes or acts that do not involve abuse or neglect of a client but that are substantially related to the care of a client for which no person who committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.

AB100-ASA1-AA9,25,10 (b) Establish by rule a list of crimes or acts that are not included in the definition established under par. (a), that are substantially related to the care of clients and the commission of which warrants a less stringent measure than a bar on employment, residence or similar type of association with an entity. The rule shall be consistent with federal law and regulations and shall include a description of the measures to be taken for the crimes or acts that the department lists under this paragraph.

AB100-ASA1-AA9,25,14 (c) Conduct throughout the state periodic training sessions that cover criminal background investigations; reporting and investigating misappropriation of property or abuse or neglect of a client; and any other material that will better enable entities to comply with the requirements of this section.

AB100-ASA1-AA9,25,16 (d) Provide a background information form that requires the person completing the form to include his or her date of birth on the form.

AB100-ASA1-AA9,25,21 (8) The department may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information if to do so would be inconsistent with federal law.

AB100-ASA1-AA9, s. 2059f Section 2059f. 50.065 (2) (ag) (intro.) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA9,26,4 50.065 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire employ or contract with a person who will be under the entity's control, as defined by the department by rule, and who has, or is expected to have, access to its clients, or permit to reside at the entity a person who is not a client and who has, or is expected to have, access to a client, if the entity knows or should have known any of the following:".

AB100-ASA1-AA9,26,5 17. Page 892, line 5: after that line insert:

AB100-ASA1-AA9,26,7 " Section 2157gv. 55.043 (1) (a) (intro.), (4) (intro.), (e) and (f) and (5) of the statutes are amended to read:

AB100-ASA1-AA9,26,15 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 or neglect or abuse of a vulnerable adult, 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:

AB100-ASA1-AA9,26,19 (4) Offer of services. (intro.) If upon investigation the county protective services agency finds abuse, neglect or misappropriation of property or neglect or abuse of a vulnerable adult, the county protective services agency may do one or more of the following:

AB100-ASA1-AA9,26,24 (e) Refer the case to the department of regulation and licensing or the appropriate examining board if the abuse, neglect or misappropriation of property or neglect or abuse involves an individual who is required to be licensed, permitted, certified or registered hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 459.

AB100-ASA1-AA9,27,5 (f) Bring a petition for a guardianship and protective service or protective placement if necessary to prevent abuse, neglect or misappropriation of property or 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.

AB100-ASA1-AA9,27,11 (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 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.".

AB100-ASA1-AA9,27,12 18. Page 1307, line 2: after that line insert:

AB100-ASA1-AA9,27,13 " Section 2860g. 120.13 (14) of the statutes is amended to read:

AB100-ASA1-AA9,28,5 120.13 (14) Day care programs. Establish and provide or contract for the provision of day care programs for children. The school board may receive federal or state funds for this purpose. The school board may charge a fee for all or part of the cost of the service for participation in a day care program established under this subsection. Costs associated with a day care program under this subsection may not be included in shared costs under s. 121.07 (6). Day care programs established under this subsection shall meet the standards for licensed day care centers established by the department of health and family services. If a school board proposes to contract for or renew a contract for the provision of a day care program under this subsection or if on July 1, 1996, a school board is a party to a contract for the provision of a day care program under this subsection, the school board shall refer the contractor or proposed contractor to the department of health and family services for the background investigations criminal history and child abuse record search required under s. 48.65 (1m) 48.685. Each school board shall provide the department of health and family services with information about each person who is denied a contract for a reason specified in s. 48.685 (2) (a) 1. to 5.".

AB100-ASA1-AA9,28,6 19. Page 1350, line 8: after that line insert:

AB100-ASA1-AA9,28,7 " Section 2986u. 146.40 (title) of the statutes is amended to read:

AB100-ASA1-AA9,28,9 146.40 (title) Instructional programs for nurse's assistants and home health and hospice aides; reporting client abuse.

AB100-ASA1-AA9, s. 2986ub Section 2986ub. 146.40 (1) (a) of the statutes is renumbered 146.40 (1) (am).

AB100-ASA1-AA9, s. 2986uc Section 2986uc. 146.40 (1) (ad) of the statutes is created to read:

AB100-ASA1-AA9,28,12 146.40 (1) (ad) "Client" means a person who receives services from an entity.

AB100-ASA1-AA9, s. 2986ud Section 2986ud. 146.40 (1) (ag) of the statutes is created to read:

AB100-ASA1-AA9,28,14 146.40 (1) (ag) "Credential" has the meaning given in s. 440.01 (2) (a).

AB100-ASA1-AA9, s. 2986ue Section 2986ue. 146.40 (1) (as) of the statutes is created to read:

AB100-ASA1-AA9,28,16 146.40 (1) (as) "Entity" has the meaning given in s. 50.065 (1) (c).

AB100-ASA1-AA9, s. 2986uf Section 2986uf. 146.40 (4g) (a) 2. (intro.) of the statutes is amended to read:

AB100-ASA1-AA9,28,20 146.40 (4g) (a) 2. (intro.) A listing of all individuals about whom the department is notified under sub. (4r) (a) or (am), for whom the department makes findings under sub. (4r) (b) and to whom any of the following applies:

AB100-ASA1-AA9, s. 2986ug Section 2986ug. 146.40 (4g) (a) 2. b. of the statutes is amended to read:

AB100-ASA1-AA9,28,23 146.40 (4g) (a) 2. b. A hearing officer finds reasonable cause to believe that the individual performed an action alleged under sub. (4r) (a) or (am).

AB100-ASA1-AA9, s. 2986uh Section 2986uh. 146.40 (4g) (a) 3. of the statutes is amended to read:

AB100-ASA1-AA9,29,3 146.40 (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 or the neglect or abuse of a client by an individual listed under subd. 2.

AB100-ASA1-AA9, s. 2986uj Section 2986uj. 146.40 (4r) (a) of the statutes is amended to read:

AB100-ASA1-AA9,29,9 146.40 (4r) (a) Any individual may report to the department that he or she believes that a nurse's assistant any person employed by or under contract with an entity has neglected, or abused a client or misappropriated the client's property of a nursing home resident or a hospital patient or that a home health aide has neglected, abused or misappropriated the property of a home health agency patient.

AB100-ASA1-AA9, s. 2986uk Section 2986uk. 146.40 (4r) (am) of the statutes is created to read:

AB100-ASA1-AA9,29,14 146.40 (4r) (am) 1. Except as provided in subd. 2., an entity shall report to the department any allegation of misappropriation of property or of neglect or abuse of a client by any person employed by or under contract with the entity if the person is under the control of the entity.

AB100-ASA1-AA9,29,19 2. An entity shall report to the department of regulation and licensing any allegation of misappropriation of property or of neglect or abuse of a client by any person employed by or under contract with the entity if that person holds a credential that is related to the person's employment at, or contract with, the entity if the person is under the control of the entity.

AB100-ASA1-AA9,29,22 3. An entity that intentionally fails to report an allegation of misappropriation of property or of neglect or abuse of a client may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB100-ASA1-AA9, s. 2986uL Section 2986uL. 146.40 (4r) (b) of the statutes is amended to read:

AB100-ASA1-AA9,30,15 146.40 (4r) (b) The Except as provided in pars. (em) and (er), the department shall review and investigate any report received under par. (a) or (am) and, if the allegation is substantiated, make specific, documented findings concerning the neglect, abuse or misappropriation of property or the neglect or abuse. The department shall in writing by certified mail notify the nurse's assistant or home health aide person specified in the report that his or her the person's name and the department's findings about him or her the person shall be listed in the registry under sub. (4g) (a) 2. and 3. unless he or she the person contests the listings in a hearing before the department division of hearings and appeals created under s. 15.103 (1). 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 home health agency patient client and explain the consequence to the nurse's assistant or home health aide person specified in the report of waiving a hearing to contest the findings. The nurse's assistant or home health aide named person specified 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.

AB100-ASA1-AA9, s. 2986um Section 2986um. 146.40 (4r) (d) of the statutes is amended to read:

AB100-ASA1-AA9,31,7 146.40 (4r) (d) If the nurse's assistant or home health aide person specified in the report received under par. (b) (a) or (am) timely notifies the department division of hearings and appeals created under s. 15.103 (1) that he or she contests the listings in the registry under par. (b), the department division of hearings and appeals shall hold a hearing under the requirements of ch. 227. If after presentation of evidence a hearing officer finds that there is no reasonable cause to believe that the nurse's assistant or home health aide person specified in the report received under par. (a) or (am) performed an action alleged under par. (a) or (am), the hearing officer shall dismiss the proceeding. If after presentation of evidence a hearing officer finds that there is reasonable cause to believe that the nurse's assistant or home health aide person specified in the report received under par. (a) or (am) performed an action alleged under par. (a) or (am), the hearing officer shall so find and shall cause the name of the nurse's assistant or home health aide person specified in the report received under par. (a) or (am) to be entered under sub. (4g) (a) 2. and the hearing officer's findings about the nurse's assistant or home health aide person specified in the report received under par. (a) or (am) to be entered under sub. (4g) (a) 3.

AB100-ASA1-AA9, s. 2986un Section 2986un. 146.40 (4r) (em) and (er) of the statutes are created to read:

AB100-ASA1-AA9,31,13 146.40 (4r) (em) If the department of health and family services receives a report under par. (a) or (am) and determines that a person who is the subject of the report holds a credential that is related to the person's employment at, or contract with, the entity, the department of health and family services shall refer the report to the department of regulation and licensing.

AB100-ASA1-AA9,31,15 (er) The department may contract with private field investigators to conduct investigations of reports received by the department under par. (a) or (am).".

AB100-ASA1-AA9,31,16 20. Page 1374, line 10: after that line insert:

AB100-ASA1-AA9,31,17 " Section 3100m. 165.825 of the statutes is created to read:

AB100-ASA1-AA9,31,21 165.825 Information link; department of health and family services. The department of justice shall cooperate with the departments of regulation and licensing and health and family services in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.".

AB100-ASA1-AA9,31,22 21. Page 1675, line 2: after that line insert:

AB100-ASA1-AA9,31,23 " Section 4196u. 440.03 (3q) of the statutes is created to read:

AB100-ASA1-AA9,32,3 440.03 (3q) Notwithstanding sub. (3m), the department of regulation and licensing shall investigate any report that it receives under s. 146.40 (4r) (am) 2. or (em).".

AB100-ASA1-AA9,32,4 22. Page 1675, line 21: after that line insert:

AB100-ASA1-AA9,32,5 " Section 4198n. 440.03 (12m) of the statutes is created to read:

AB100-ASA1-AA9,32,10 440.03 (12m) The department of regulation and licensing shall cooperate with the departments of justice and health and family services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of regulation and licensing, including whether that credential has been restricted in any way.".

AB100-ASA1-AA9,32,11 23. Page 1882, line 9: after that line insert:

AB100-ASA1-AA9,32,12 " Section 5174g. 813.123 (5) (a) 3. a. of the statutes is amended to read:

AB100-ASA1-AA9,32,17 813.123 (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 or abuse or neglect is occurring or may recur.".

AB100-ASA1-AA9,32,18 24. Page 1898, line 11: after that line insert:

AB100-ASA1-AA9,32,20 " Section 5250b. 938.22 (7) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA9,33,3 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67, meet the requirements specified in s. 48.685 and pay the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).".

AB100-ASA1-AA9,33,4 25. Page 1982, line 17: after that line insert:

AB100-ASA1-AA9,33,9 "(13pt)  Abuse and neglect investigations. The authorized FTE positions for the department of health and family services are increased by 4.15 FED positions on the effective date of this paragraph, to be funded from the appropriation under section 20.435 (6) (n) of the statutes, for the purpose of conducting investigations under section 146.40 (4r) (b) of the statutes, as affected by this act.