AB133-ASA1-CA1,256,2422
49.775
(4) (b) If the custodial parent receives a payment under s. 48.57 (3m)
23for the care and maintenance of a child, no payment may be made under this section
24with respect to that child.".
AB133-ASA1-CA1,257,33
49.857
(1) (d) 3. A license issued under s. 48.66 (1)
(a) or (b).".
AB133-ASA1-CA1,257,86
49.857
(1) (d) 12. A license or certificate of registration issued under s. 138.09,
7138.12, 217.06, 218.01, 218.02, 218.04, 218.05
or, 224.72
, 224.93 or subch. III of ch.
8551.".
AB133-ASA1-CA1,257,17
1249.96 Assistance grants exempt from levy. All grants of aid to families with
13dependent children, payments made under ss. 48.57 (3m)
or
, (3n)
or (3o), 49.148 (1)
14(b) 1. or (c) or (1m) or 49.149 to 49.159, payments made for social services, cash
15benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal
16Title XVI, are exempt from every tax, and from execution, garnishment, attachment
17and every other process and shall be inalienable.".
AB133-ASA1-CA1,257,21
19"(a) For a person who has received a screen for functional eligibility under s.
2046.286 (1) (a) within the previous 6 months, the referral under this subsection need
21not include performance of an additional functional screen under s. 46.283 (4) (g).".
AB133-ASA1-CA1,258,3
23"(d) For a person who seeks admission or is about to be admitted on a private
24pay basis and who waives the requirement for a financial screen under s. 46.283 (4)
1(g), the referral under this subsection may not include performance of a financial
2screen under s. 46.283 (4) (g), unless the person is expected to become eligible for
3medical assistance within 6 months.".
AB133-ASA1-CA1,258,7
5"(a) For a person who has received a screen for functional eligibility under s.
646.286 (1) (a) within the previous 6 months, the referral under this subsection need
7not include performance of an additional functional screen under s. 46.283 (4) (g).".
AB133-ASA1-CA1,258,13
9"(d) For a person who seeks admission or is about to be admitted on a private
10pay basis and who waives the requirement for a financial screen under s. 46.283 (4)
11(g), the referral under this subsection may not include performance of a financial
12screen under s. 46.283 (4) (g), unless the person is expected to become eligible for
13medical assistance within 6 months.".
AB133-ASA1-CA1,258,17
15"(a) For a person who has received a screen for functional eligibility under s.
1646.286 (1) (a) within the previous 6 months, the referral under this subsection need
17not include performance of an additional functional screen under s. 46.283 (4) (g).".
AB133-ASA1-CA1,258,23
19"(d) For a person who seeks admission or is about to be admitted on a private
20pay basis and who waives the requirement for a financial screen under s. 46.283 (4)
21(g), the referral under this subsection may not include performance of a financial
22screen under s. 46.283 (4) (g), unless the person is expected to become eligible for
23medical assistance within 6 months.".
AB133-ASA1-CA1,259,3
1"1. For a person who has received a screen for functional eligibility under s.
246.286 (1) (a) within the previous 6 months, the referral under this paragraph need
3not include performance of an additional functional screen under s. 46.283 (4) (g).".
AB133-ASA1-CA1,259,9
5"4. For a person who seeks admission or is about to be admitted on a private
6pay basis and who waives the requirement for a financial screen under s. 46.283 (4)
7(g), the referral under this subsection may not include performance of a financial
8screen under s. 46.283 (4) (g), unless the person expected to become eligible for
9medical assistance within 6 months.".
AB133-ASA1-CA1,259,15
10811. Page 749, line 17: after "
(1)" insert "
. If admission is sought on behalf
11of the incapacitated individual or if the incapacitated individual is about to be
12admitted on a private pay basis, the individual who consents to the admission may
13waive the requirement for a financial screen under s. 46.283 (4) (g), unless the
14incapacitated individual is expected to become eligible for medical assistance within
156 months".
AB133-ASA1-CA1,259,1918
50.065
(1) (c) 2. Kinship care
under s. 48.57 (3m) or long-term kinship care
19under s. 48.57
(3m), (3n)
or (3o).".
AB133-ASA1-CA1,259,2222
50.065
(1) (ag) 1. "Caregiver" means any of the following:
AB133-ASA1-CA1,260,223
a. A person who is, or is expected to be, an employe or contractor of an entity,
24who is or is expected to be under the control of an entity, as defined by the department
1by rule, and who has, or is expected to have, regular, direct contact with clients of the
2entity.
AB133-ASA1-CA1,260,43
b. A person who has, or is seeking, a license, certification, registration, or
4certificate of approval issued or granted by the department to operate an entity.
AB133-ASA1-CA1,260,75
c. A person who is, or is expected to be, an employe of the board on aging and
6long-term care and who has, or is expected to have, regular, direct contact with
7clients.
AB133-ASA1-CA1,260,108
2. "Caregiver" does not include a person who is certified as an emergency
9medical technician under s. 146.50 if the person is employed, or seeking employment,
10as an emergency medical technician.
AB133-ASA1-CA1,260,1412
50.065
(1) (bm) "Contractor" means, with respect to an entity, a person, or that
13person's agent, who provides services to the entity under an express or implied
14contract or subcontract, including a person who has staff privileges at the entity.
AB133-ASA1-CA1,260,1816
50.065
(1) (br) "Direct contact" means face-to-face physical proximity to a
17client that affords the opportunity to commit abuse or neglect of a client or to
18misappropriate the property of a client.
AB133-ASA1-CA1,260,2520
50.065
(1) (c) (intro.) "Entity" means a facility, organization or service that is
21licensed or certified by or registered with the department to provide direct care or
22treatment services to clients. "Entity" includes a hospital, a personal care worker
23agency
and, a supportive home care service agency
, a temporary employment agency
24that provides caregivers to another entity and the board on aging and long-term
25care. "Entity" does not include any of the following:
AB133-ASA1-CA1,261,42
50.065
(1) (cn) "Nonclient resident" means a person who resides, or is expected
3to reside, at an entity, who is not a client of the entity and who has, or is expected to
4have, regular, direct contact with clients of the entity.
AB133-ASA1-CA1,261,86
50.065
(1) (dm) "Reservation" means land in this state within the boundaries
7of a reservation of a tribe or within the bureau of Indian affairs service area for the
8Ho-Chunk Nation.
AB133-ASA1-CA1,261,1610
50.065
(1) (e) 1. "Serious crime" means a violation of s. 940.01, 940.02, 940.03,
11940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3),
12940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 or 948.03 (2) (a), or a violation of the
13law of any other state or United States jurisdiction that would be a violation of s.
14940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3),
15940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 or 948.03 (2)
16(a) if committed in this state.
AB133-ASA1-CA1,261,2317
2. For the purposes of an entity that serves persons under the age of 18, "serious
18crime" includes a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055,
19948.06, 948.07, 948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 or
20a violation of the law of any other state or United States jurisdiction that would be
21a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055, 948.06, 948.07,
22948.08, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) or 948.30 if committed in this
23state.
AB133-ASA1-CA1,262,2
150.065
(1) (g) "Tribe" means a federally recognized American Indian tribe or
2band in this state.
AB133-ASA1-CA1, s. 1521g
3Section 1521g. 50.065 (2) (a) (intro.) of the statutes is renumbered 50.065 (4m)
4(a) (intro.).
AB133-ASA1-CA1, s. 1521m
14Section 1521m. 50.065 (2) (ag) (intro.) of the statutes is renumbered 50.065
15(4m) (b) (intro.) and amended to read:
AB133-ASA1-CA1,262,2116
50.065
(4m) (b) (intro.) Notwithstanding s. 111.335, and except as provided in
17sub. (5), an entity may not hire or contract with a
person who will be under the
18entity's control, as defined by the department by rule, and who is expected to have
19access to its clients, caregiver or permit to reside at the entity a
person who is not a
20client and who is expected to have access to a client nonclient resident, if the entity
21knows or should have known any of the following:
AB133-ASA1-CA1,263,118
50.065
(2) (am) (intro.)
Subject to subd. 5. and par. (bd), the The department
9shall obtain all of the following with respect to a person specified under
par. (a)
10(intro.) sub. (1) (ag) 1. b. and a person
specified under par. (ag) (intro.) who is a
11nonclient resident or prospective nonclient resident of an entity:
AB133-ASA1-CA1,263,2313
50.065
(2) (am) 5. Information maintained by the department under this
14section regarding any denial to the person of a license, certification, certificate of
15approval or registration or of a continuation of a license, certification, certificate of
16approval or registration to operate an entity for a reason specified in
par. sub. (4m) 17(a) 1. to 5. and regarding any denial to the person of employment at, a contract with
18or permission to reside at an entity for a reason specified in
par. (ag) sub. (4m) (b) 1.
19to 5. If the information obtained under this subdivision indicates that the person has
20been denied a license, certification, certificate of approval or registration,
21continuation of a license, certification, certificate of approval or registration, a
22contract, employment or permission to reside as described in this subdivision, the
23department need not obtain the information specified in subds. 1. to 4.
AB133-ASA1-CA1, s. 1521v
24Section 1521v. 50.065 (2) (b) 1. of the statutes is renumbered 50.065 (2) (b),
25and 50.065 (2) (b) (intro.) and 5., as renumbered, are amended to read:
AB133-ASA1-CA1,264,4
150.065
(2) (b) (intro.)
Subject to subds. 1. e. and 2. and par. (bd), every Every 2entity shall obtain all of the following with respect to a
person specified under par.
3(ag) (intro.) who is an employe or contractor or a prospective employe or contractor 4caregiver of the entity:
AB133-ASA1-CA1,264,155
5. Information maintained by the department under this section regarding any
6denial to the person of a license, certification, certificate of approval or registration
7or of a continuation of a license, certification, certificate of approval or registration
8to operate an entity for a reason specified in
par.
sub. (4m) (a) 1. to 5. and regarding
9any denial to the person of employment at, a contract with or permission to reside
10at an entity for a reason specified in
par. (ag)
sub. (4m) (b) 1. to 5. If the information
11obtained under this
subd. 1. e. subdivision indicates that the person has been denied
12a license, certification, certificate of approval or registration, continuation of a
13license, certification, certificate of approval or registration, a contract, employment
14or permission to reside as described in this
subd. 1. e. subdivision, the entity need
15not obtain the information specified in
subd. subds. 1.
a. to d. to 4.
AB133-ASA1-CA1,265,718
50.065
(2) (bb) If information obtained under par. (am) or (b) indicates a charge
19of a serious crime, but does not completely and clearly indicate the final disposition
20of the charge, the department or entity shall make every reasonable effort to contact
21the clerk of courts to determine the final disposition of the charge. If a background
22information form under sub. (6) (a) or (am) indicates a charge or a conviction of a
23serious crime, but information obtained under par. (am) or (b) does not indicate such
24a charge or conviction, the department or entity shall make every reasonable effort
25to contact the clerk of courts to obtain a copy of the criminal complaint and the final
1disposition of the complaint. If information obtained under par. (am) or (b), a
2background information form under sub. (6) (a) or (am) or any other information
3indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08,
4947.01 or 947.013 obtained not more than 5 years before the date on which that
5information was obtained, the department or entity shall make every reasonable
6effort to contact the clerk of courts to obtain a copy of the criminal complaint and
7judgment of conviction relating to that violation.
AB133-ASA1-CA1,265,209
50.065
(2) (bd) Notwithstanding pars. (am) and (b) 1., the department is not
10required to obtain the information specified in par. (am) 1. to 5., and an entity is not
11required to obtain the information specified in par. (b) 1.
a. to e. to 5., with respect
12to a person under 18 years of age whose background information form under sub. (6)
13(am) indicates that the person is not ineligible to be employed, contracted with or
14permitted to reside at an entity for a reason specified in
par. (ag) sub. (4m) (b) 1. to
155. and with respect to whom the department or entity otherwise has no reason to
16believe that the person is ineligible to be employed, contracted with or permitted to
17reside at an entity for any of those reasons. This paragraph does not preclude the
18department from obtaining, at its discretion, the information specified in par. (am)
191. to 5. with respect to a person described in this paragraph who is a nonclient
20resident or a prospective nonclient resident of an entity.
AB133-ASA1-CA1,266,922
50.065
(2) (bg) If an entity
takes an action specified in par. (ag) (intro.) with
23respect to an employe, prospective employe, contractor or prospective contractor 24hires or contracts with a caregiver for whom, within the last 4 years, the information
25required under par. (b) 1.
a. to
c.
3. and
e. 5. has already been obtained
, either by
1another entity
or by a temporary employment agency, the entity may obtain
the that
2information
required under par. (b) 1. a. to c. and e. from that other entity
or
3temporary employment agency, which shall provide the information, if possible, to
4the
requesting entity. If an entity cannot obtain the information required under par.
5(b) 1.
a. to
c. 3. and
e. 5. from another entity
or from a temporary employment agency 6or if an entity has reasonable grounds to believe that any information obtained from
7another entity
or from a temporary employment agency is no longer accurate, the
8entity shall obtain that information from the sources specified in par. (b) 1.
a. to
3. 9and
e. 5.
AB133-ASA1-CA1,266,2411
50.065
(2) (bm) If the person who is the subject of the search under par. (am)
12or (b)
1. is not a resident of this state, or if at any time within the 3 years preceding
13the date of the search that person has not been a resident of this state,
or if the
14department or entity determines that the person's employment, licensing or state
15court records provide a reasonable basis for further investigation, the department or
16entity shall make a good faith effort to obtain from any state
or other United States
17jurisdiction in which the person is a resident or was a resident within the 3 years
18preceding the date of the search information that is equivalent to the information
19specified in par. (am) 1. or (b) 1.
a. The department or entity may require the person
20to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
21fingerprints. The department of justice may provide for the submission of the
22fingerprint cards to the federal bureau of investigation for the purposes of verifying
23the identity of the person fingerprinted and obtaining records of his or her criminal
24arrests and convictions.
AB133-ASA1-CA1, s. 1521zc
1Section 1521zc. 50.065 (2) (c) of the statutes is renumbered 50.065 (4m) (c)
2and amended to read:
AB133-ASA1-CA1,267,153
50.065
(4m) (c) If the background information form completed by a person
4under sub. (6) (am) indicates that the person is not ineligible to be employed or
5contracted with for a reason specified in par.
(ag)
(b) 1. to 5., an entity may employ
6or contract with the person for not more than 60 days pending the receipt of the
7information sought under
par. sub. (2) (b)
1. If the background information form
8completed by a person under sub. (6) (am) indicates that the person is not ineligible
9to be permitted to reside at an entity for a reason specified in par.
(ag) (b) 1. to 5. and
10if an entity otherwise has no reason to believe that the person is ineligible to be
11permitted to reside at an entity for any of those reasons, the entity may permit the
12person to reside at the entity for not more than 60 days pending receipt of the
13information sought under
par. sub. (2) (am). An entity shall provide supervision for
14a person who is employed or contracted with or permitted to reside as permitted
15under this paragraph.
AB133-ASA1-CA1,267,2017
50.065
(2) (d) Every entity shall maintain, or shall contract with another
18person to maintain, the most recent background information obtained on a caregiver
19under par. (b). The information shall be made available for inspection by authorized
20persons, as defined by the department by rule.
AB133-ASA1-CA1,268,222
50.065
(3) (a) Every 4 years or at any time within that period that the
23department considers appropriate, the department shall request the information
24specified in sub. (2) (am) 1. to
4. 5. for all persons who are licensed to operate an entity
1and for all persons
specified in par. (ag) (intro.) who are nonclient residents of an
2entity.
AB133-ASA1-CA1,268,74
50.065
(3) (b) Every 4 years or at any other time within that period that an
5entity considers appropriate, the entity shall request the information specified in
6sub. (2) (b) 1.
a. to
d. 5. for all
persons specified in sub. (2) (ag) (intro.) who are
7employes or contractors caregivers of the entity.