Amendment ASA1-AB203

AB203-ASA1,5,17 (bm) Whoever violates par. (b) may be required to forfeit not more than $500.

AB203-ASA1,5,24 (c) Notwithstanding s. 111.335, an adult day care center, adult family home, assisted living facility, community-based residential facility, home health agency, hospice, nursing home, hospital or treatment facility may refuse to employ a person who has been convicted of a crime that is determined by the adult day care center, adult family home, assisted living facility, community-based residential facility, home health agency, hospice, nursing home, hospital or treatment facility to be reasonably related to the circumstances of employment.

AB203-ASA1,6,9 (4) An adult day care center, adult family home, assisted living facility, community-based residential facility, home health agency, hospice, nursing home, hospital or treatment facility may not employ any individual who may have access to patients, residents or clients unless it has requested from the department any information regarding that person that is contained in the registry under s. 146.40 (4g). An adult day care center, adult family home, assisted living facility, community-based residential facility, home health agency, hospice, nursing home, hospital or treatment facility may refuse to employ any person who has a record of misappropriation of property, neglect or abuse of a patient, resident or client.

AB203-ASA1, s. 6 Section 6. 55.043 (1) (a) (intro.) of the statutes is amended to read:

AB203-ASA1,6,18 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, neglect or abuse, 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:

AB203-ASA1, s. 7 Section 7. 55.043 (4) (intro.) of the statutes is amended to read:

AB203-ASA1,6,23 55.043 (4) Offer of services. (intro.) If upon investigation the county protective services agency finds abuse, neglect or misappropriation of property, neglect or abuse, the county protective services agency may do one or more of the following:

AB203-ASA1, s. 8 Section 8. 55.043 (4) (e) of the statutes is amended to read:

AB203-ASA1,7,4 55.043 (4) (e) Refer the case to the department of regulation and licensing or the appropriate examining board if the abuse, neglect or misappropriation of property, neglect or abuse involves an individual who is required to be licensed, permitted, certified or registered under chs. 440 to 459.

AB203-ASA1, s. 9 Section 9. 55.043 (4) (f) of the statutes is amended to read:

AB203-ASA1,7,10 55.043 (4) (f) Bring a petition for a guardianship and protective service or protective placement if necessary to prevent abuse, neglect or misappropriation of property, 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.

AB203-ASA1, s. 10 Section 10. 55.043 (5) of the statutes is amended to read:

AB203-ASA1,7,17 55.043 (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, 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.

AB203-ASA1, s. 11 Section 11. 146.40 (4g) (a) 3. of the statutes is amended to read:

AB203-ASA1,7,21 146.40 (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, neglect or abuse by an individual listed under subd. 2.

AB203-ASA1, s. 12 Section 12. 146.40 (4r) (a) of the statutes is amended to read:

AB203-ASA1,8,3 146.40 (4r) (a) Any individual may report to the department that he or she believes that a nurse's assistant has neglected, or abused a nursing home resident or a hospital patient or misappropriated the resident's or patient's property of a nursing home resident or a hospital patient or that a home health aide has neglected, or abused a home health agency patient or misappropriated the patient's property of a home health agency patient.

AB203-ASA1, s. 13 Section 13. 146.40 (4r) (am) of the statutes is created to read:

AB203-ASA1,8,12 146.40 (4r) (am) An adult day care center, adult family home, assisted living facility, community-based residential facility, home health agency, hospice, nursing home, hospital or treatment facility shall report any misappropriation of property, neglect or abuse of a resident, patient or client by a nurse's assistant, home health aide or other person employed by or under contract with the adult day care center, adult family home, assisted living facility, community-based residential facility, home health agency, hospice, nursing home, hospital or treatment facility to the department.

AB203-ASA1, s. 14 Section 14. 146.40 (4r) (b) of the statutes is amended to read:

AB203-ASA1,9,3 146.40 (4r) (b) 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, neglect or abuse. The department shall in writing by certified mail notify the nurse's assistant or home health aide specified in the report that his or her name and the department's findings about him or her shall be listed in the registry under sub. (4g) (a) 2. and 3. unless he or she contests the listings in a hearing before the department. The written notification shall describe the investigation conducted by the department, enumerate the findings alleging neglect, abuse or misappropriation of property, neglect or abuse of a nursing home resident or hospital or home health agency patient and explain the consequence to the nurse's assistant or home health aide of waiving a hearing to contest the findings. The nurse's assistant or home health aide named 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.

AB203-ASA1, s. 15 Section 15. 813.123 (5) (a) 3. a. of the statutes is amended to read:

AB203-ASA1,9,9 813.123 (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, neglect or abuse is occurring or may recur.

AB203-ASA1, s. 16 Section 16. Nonstatutory provisions; department of justice.

AB203-ASA1,9,15 (1) Criminal history searches. The authorized FTE positions for the department of justice are increased by 2.0 PR positions on July 1, 1997, to be funded from the appropriation under section 20.455 (2) (gm) of the statutes, for the purpose of performing criminal history searches as required under section 50.065 (2) of the statutes, as created by this act.

AB203-ASA1, s. 17 Section 17. Appropriation changes; aging and long-term care board.

AB203-ASA1,9,23 (1) Long-term care ombudsman program. In the schedule under section 20.005 (3) of the statutes for the appropriation to the board on aging and long-term care under section 20.432 (1) (a) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $91,500 for each of fiscal years 1997-98 and 1998-99 to increase the authorized FTE positions for the board on aging and long-term care by 2.0 GPR positions beginning July 1, 1997, for performance of services under section 16.009 (2) (b) of the statutes.

AB203-ASA1, s. 18 Section 18. Effective dates. This act takes effect on the day after publication, except as follows:

AB203-ASA1,10,3 (1) Prior convictions of certain employes. The treatment of section 50.065 of the statutes takes effect on July 1, 1997, or on the day after publication, whichever is later.

AB203-ASA1,10,4 (End)