DATCP and DOJ have different approaches to delivering consumer protection services. DATCP emphasizes providing information to assist consumers in resolving their complaints independently. If, however, disputes involve alleged illegal activities, DATCP emphasizes administrative actions such as mediation and warnings to businesses, an approach that has meant fewer complaints are resolved through court action. DOJ emphasizes strong enforcement action to halt illegal practices and recover financial losses on behalf of consumers. DOJ is concerned DATCP is not aggressively investigating and referring for court action telemarketing and other scams perpetrated by out-of-state businesses against Wisconsin consumers. In FY 1996-97, less than 5 percent of the investigations initiated by DATCP were in business areas for which DOJ had exclusive responsibilities before consolidation. Instead, more than 68 percent of DATCP's investigations were in six business activities, such as home repair, that have always been DATCP's responsibility. Each agency believes its own approach is most effective, but both need to do more to measure the effectiveness of their programs.
We attempted to measure the level of consumer satisfaction with state consumer protection programs by surveying 1,000 randomly selected consumers who filed complaints between October 1995 and September 1996. We found no significant difference in the level of satisfaction between those individuals filing complaints with DATCP and those filing with DOJ.
We appreciate the courtesy and cooperation extended to us by officials of both agencies. Responses from DATCP and DOJ are Appendix IV and Appendix V, respectively.
Sincerely,
Dale Cattanach
State Auditor
State of Wisconsin
Legislative Audit Bureau
December 4, 1997
The Honorable, The Legislature:
We have completed an evaluation of the Department of Health and Family Services' handling of complaints of abuse, neglect, or theft by certified nurse aides, as requested by the Joint Legislative Audit Committee. These aides provide routine care to nursing home residents and recipients of other health care services. Since 1992, the Department has had responsibility for investigating complaints of nurse aide misconduct to determine whether evidence shows "willful and wanton" misconduct, which the Department has found in 439 cases. Notation of such misconduct on a registry prevents the individual's future employment as a nurse aide by any nursing home in the state that receives federal reimbursement. Nurse aides are allowed to continue employment until cases are resolved.
The federal government requires the "timely review and swift investigation" of such complaints, and Wisconsin Administrative Code directs completion within 60 days of filing. However, of the 1,918 complaints investigated, the Department has resolved only 4.2 percent within 60 days; average disposition exceeded 11 months. By January 1997, the backlog of cases pending had reached 477.
The delay has resulted from inadequate management of the program, including understaffing and reliance on temporary staff as investigators, a lack of written investigative procedures for staff, limited staff training, inadequate supervision, and a time-consuming internal review process. The Department assigned additional staff in 1997 and could eliminate the case backlog by March 1998. However, the need for management improvements will become more important because the Department has been given, by
1997 Wisconsin Act 27, the 1997-99 biennial budget, responsibility for resolution of complaints of misconduct by more types of health care employes in a larger number of facilities and services.
We appreciate the courtesy and cooperation extended to us by the Department of Health and Family Services and by the health care providers we visited. The Department's response is the Appendix.
Sincerely,
Dale Cattanach
State Auditor
Milwaukee Public Schools
Office of Governmental Relations
December 10, 1997
The Honorable, The Senate:
Enclosed you will find a copy of the report entitled "State-Funded High/Scope All-Day Five-Year-Old Kindergarten Program and State-Funded High/Scope First Grade Program." This report summarizes the projects and data collected for the 1996-1997 school year.
This report was prepared in response to Sections
119.71,
119.73, and
119.75 of the current state statutes.
Sincerely,
douglas haselow
Chief Lobbyist
Office of Governmental relations.
__________________
State of Wisconsin
Office of the Governor
December 2, 1997
The Honorable, The Senate:
This is to inform you that I am withdrawing the nomination of Stella Young for appointment to the Examining Board of Social Workers, Marriage and Family Therapists and Professional Counselors.
Ms. Young notified my office that she has resigned from this position.
Thank you for your attention to this matter.
Sincerely,
Tommy G. Thompson
Governor
__________________
Relating to notice of receipt of an application to incidentally take an endangered or threatened species.
Submitted by Department of Natural Resources.
Report received from Agency, December 5, 1997.
S371
Referred to committee on
Agriculture and Environmental Resources, December 10, 1997.
Relating to parking.
Submitted by Department of Administration.
Report received from Agency, December 9, 1997.
Referred to committee on Economic Development, Housing and Government Operations, December 10, 1997.
Relating to multiple trip mobile home permits.
Submitted by Department of Transportation.
Report received from Agency, December 9, 1997.
Referred to committee on Labor, Transportation and Financial Institutions, December 10, 1997.
Relating to waters classified as outstanding resource waters.
Submitted by Department of Natural Resources.
Report received from Agency, December 5, 1997.
Referred to committee on Agriculture and Environmental Resources, December 10, 1997.
Relating to commercial clamming on the Wisconsin-Iowa boundary waters.
Submitted by Department of Natural Resources.
Report received from Agency, December 5, 1997.
Referred to committee on Agriculture and Environmental Resources, December 10, 1997.
Relating to relicensing Lake Michigan commercial fishers.
Submitted by Department of Natural Resources.
Report received from Agency, December 5, 1997.
Referred to committee on Agriculture and Environmental Resources, December 10, 1997.
__________________
The committee on Agriculture and Environmental Resources reports and recommends:
Relating to the wastewater fee program.
No action taken.
Relating to commercial feed.
No action taken.
Relating to solid and hazardous waste management.
No action taken.
Alice Clausing
Chairperson
__________________
Corrections In:
1997 Senate JOINT RESOLUTION 37
Prepared by the Legislative Reference Bureau
(December 4, 1997)
