Amendment AA9-ASA1-AB100

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.

AB100-ASA1-AA9,33,14 (13pu) Child abuse and neglect automated interface. The department of health and family services shall study the feasibility of developing an automated interface for information relating to substantiated reports of child abuse and neglect with a view toward designating the statewide child welfare information system maintained by that department as the database that will provide that information.".

AB100-ASA1-AA9,33,15 26. Page 1991, line 20: after that line insert:

AB100-ASA1-AA9,33,16 "(3pt)  Computer link for criminal background investigations.

AB100-ASA1-AA9,33,20 (a) The authorized FTE positions for the department of justice are increased by 1.0 PR positions, to be funded from the appropriation under section 20.455 (2) (gm) of the statutes, for the purpose of establishing and maintaining the computer linkup under section 165.825 of the statutes, as created by this act.

AB100-ASA1-AA9,34,2 (b) The authorized FTE positions for the department of justice are increased 6.0 PR project positions, to be funded from the appropriation under section 20.455 (2) (gm) of the statutes, for the period ending on July 1, 2000, for the purpose of conducting criminal history searches required under section 50.065 (2) (b) 1. of the statutes, as created by this act.

AB100-ASA1-AA9,34,21 (3pu) Computer link. The department of justice and the secretaries of health and family services and regulation and licensing shall, not later than 6 months after the effective date of this subsection, submit to the chairpersons of the joint committee on finance a plan for a computer linkup required under sections 165.825 and 440.03 (12m) of the statutes, as created by this act, to allow the department of health and family services to access the information required under section 50.065 (2) (b) of the statutes, as created by this act. The plan shall include a projected implementation date, which may not be later than 18 months after the submission of the plan. The plan may not require the department of justice to expend more than 30% of the difference between the revenues received under section 165.82 (1) of the statutes and $390,000 in any quarter of fiscal year 1998-99 or $200,000 in fiscal year 1998-99, whichever is less, to establish the computer linkup. If the joint committee on finance approves the plan, it may supplement the appropriation under section 20.435 (6) (a) of the statutes by not more than $420,000 in fiscal year 1998-99. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists. Of the moneys appropriated to the joint committee on finance under section 20.865 (4) (a) of the statutes in the 1997-99 fiscal biennium, $420,000 in fiscal year 1998-99 is allocated for the implementation of the computer linkup plan.

AB100-ASA1-AA9,35,2 (3pv) Study on uniform fees. The department of justice shall prepare a report on the feasibility of establishing uniform fees for criminal history searches under section 165.82 of the statutes. The department shall submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes no later than July 1, 1998.

AB100-ASA1-AA9,35,12 (3px) Study on determining convictions in other states. The department of justice with the department of health and family services shall conduct a study to determine whether efficient methods exist by which both departments may ascertain whether a person for whom a criminal history search must be conducted under this act has a relevant conviction in another state or has been reported in another state for misappropriation of property or abuse or neglect of a person who is considered a vulnerable person in that state. Not later than July 1, 1998, the department of health and family services, in conjunction with the department of justice, shall submit to the legislature in the manner provided under section 13.172 (2) of the statutes a report detailing the results of the study.".

AB100-ASA1-AA9,35,13 27. Page 1999, line 19: after that line insert:

AB100-ASA1-AA9,35,23 "(3pt)  Audit of abuse investigations. The legislative audit bureau is requested to perform a performance evaluation audit to compare the investigation processes of the department of health and family services under section 146.40 (4r) (b) of the statutes, as affected by this act and the department of regulation and licensing under section 440.03 (3q) of the statutes, as created by this act, and any private investigators with whom the department of health and family services has contracted under section 146.40 (4r) (er) of the statutes, as created by this act. The audit shall compare methods, timeliness and outcomes of the investigations. If the legislative audit bureau performs the audit, it shall file its report as described under section 13.94 (1) (b) of the statutes by June 30, 2000.".

AB100-ASA1-AA9,35,24 28. Page 2046, line 25: after "938.22 (7) (a)" insert "(by Section 5250)".

AB100-ASA1-AA9,36,1 29. Page 2065, line 12: after that line insert:

AB100-ASA1-AA9,36,9 "(9pt) Abuse registry and reporting. The treatment of sections 48.65 (1m), 48.651 (1) (intro.) (by Section 1653g), (2) and (2m), 49.498 (3) (b) 1., 55.043 (1) (a) (intro.), (4) (intro.), (e) and (f) and (5) and 146.40 (title), (1) (a), (4g) (a) 2. (intro.) and b., and 3. and (4r) (a), (b), (d) and (em) of the statutes, the amendment of section 48.66 (5) of the statutes, the repeal and recreation of sections 48.60 (1), 48.625 (1), 48.65 (1) and 48.68 (1) of the statutes and the creation of sections 48.685, 50.01 (1r), 50.065 and 146.40 (1) (ad), (ag) and (as) and (4r) (am) of the statutes take effect on the first day of the 12th month beginning after publication.

AB100-ASA1-AA9,36,12 (9ptt) Background investigations of current employes. The amendment of sections 48.685 (2) (ag) (intro.) and 50.065 (2) (ag) (intro.) of the statutes takes effect on the first day of the 24th month beginning after publication.".

AB100-ASA1-AA9,36,13 30. Page 2068, line 18: after that line insert:

AB100-ASA1-AA9,36,16 "(1pt) Abuse and neglect reports. The treatment of section 938.22 (7) (a) (by Section 5250b) of the statutes and the creation of section 165.825 of the statutes take effect on the first day of the 12th month beginning after publication.".

AB100-ASA1-AA9,36,17 31. Page 2071, line 16: after that line insert:

AB100-ASA1-AA9,36,19 "(6pt) Abuse and neglect reports. The treatment of section 120.13 (14) of the statutes takes effect on the first day of the 12th month beginning after publication.".

AB100-ASA1-AA9,36,20 32. Page 2072, line 5: after that line insert:

AB100-ASA1-AA9,36,23 "(1pt) Abuse and neglect reports. The creation of section 440.03 (3q) and (12m) of the statutes takes effect on the first day of the 12th month beginning after publication.".

AB100-ASA1-AA9,36,24 (End)