2005 Wisconsin Act 388

• To the DHFS, under s. 51.03 (2); or to the DHFS, a sheriff, police department, or district attorney for certain statutory death investigations

• To an employee of a county department that is providing services to the elder adult-at-risk or adult-at-risk who is the victim named in the record, or to the alleged perpetrator of abuse, to determine whether the victim should be transferred to a less restrictive or more appropriate treatment modality or facility.

• To a court, tribal court, or administrative agency for a proceeding relating to the licensure or regulation of an individual or entity regulated or licensed by the department, that was an alleged perpetrator of abuse, financial exploitation, or neglect, and the board on aging and long term care.

• To the DHFS, for management, audit, program monitoring, evaluation, billing, or collection purposes.

• To the attorney or guardian ad litem for the elder adult-at-risk or adult-at-risk who is the victim named in the record, to assist in preparing for certain court proceedings pertaining to the victim.

• To a coroner, medical examiner, pathologist, or other physician investigating the cause of death of an elder adult-at-risk or adult-at-risk that is unexplained or unusual or is associated with unexplained or suspicious circumstances.

• To staff members of the state-designated protection and advocacy agency, for the purposes of protecting and advocating for the rights of persons with developmental disabilities and mental illness.

• To an agency, including a probation or parole agency, that is legally responsible for the supervision of an alleged perpetrator of abuse, neglect, or exploitation of an elder adult-at-risk or adult-at-risk.

• To a grand jury, if it determines that access to specified records is necessary for the conduct of its official business.

• To a judge, tribal court, or administrative agency conducting proceedings under s. 968.26.

• Pursuant to a lawful order of a court of record.

388,1 Section 1. 20.435 (7) (dh) of the statutes is amended to read:

20.435 (7) (dh) Programs for senior citizens; elder abuse services; benefit specialist program. The amounts in the schedule for the programs for senior citizens, including but not limited to the purpose of distributing funds under s. 46.80 (2m) (b) to supplement any federal foster grandparent project funds received under 42 USC 5011 (a) and the purposes of ss. 46.80 (5) and 46.85; for direct services for elder persons and other individuals adults at risk under s. 46.90 (5m); and for the benefit specialist program for older persons under s. 46.81. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of health and family services may transfer funds between fiscal years under this paragraph. All funds allocated under ss. 46.80 (2m) (b) and (5), 46.81 (2) and 46.85 but not encumbered by December 31 of each year lapse to the general fund on the next January 1, unless transferred to the next calendar year by the joint committee on finance, but the department may carry forward funds allocated under s. 46.90 (5m) that are not encumbered by June 30 of each year for allocation under s. 46.90 (5m) in the following state fiscal year. For the purposes of this paragraph, funds are encumbered by December 31 if allocated for services received or for goods ordered by December 31.

388,2 Section 2. 46.21 (2m) (c) of the statutes is amended to read:

46.21 (2m) (c) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3) (c), any a subunit of the a county department of human services or tribal agency acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or tribal agency, with a resource center, a care management organization, or a family care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with any a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

388,3 Section 3. 46.215 (1m) of the statutes is amended to read:

46.215 (1m) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any a subunit of the a county department of social services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or tribal agency, with a resource center, a care management organization, or a family care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with any a person providing services to the client under a purchase of services contract with the county department of social services or tribal agency or with a resource center, a care management organization , or a family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of social services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this subsection shall document that a request for information was received and what information was provided.

388,4 Section 4. 46.22 (1) (dm) of the statutes is amended to read:

46.22 (1) (dm) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any a subunit of the a county department of social services or tribal agency acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or tribal agency, with a resource center, a care management organization, or a family care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with any a person providing services to the client under a purchase of services contract with the county department of social services or tribal agency or with a resource center, a care management organization, or a family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of social services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

388,5 Section 5. 46.23 (3) (e) of the statutes is amended to read:

46.23 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any a subunit of a county department of human services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or tribal agency, with a resource center, a care management organization, or a family care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with any a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

388,6 Section 6. 46.283 (4) (h) of the statutes is amended to read:

46.283 (4) (h) Provide access to services under s. 46.90 and ch. 55 to a person who is eligible for the services, through cooperation with the county elder-adult-at-risk agency or the adult-at-risk agency or agencies that provide provides the services.

388,7 Section 7. 46.286 (1) (intro.) of the statutes is amended to read:

46.286 (1) Eligibility. (intro.) A person is eligible for, but not necessarily entitled to, the family care benefit if the person is at least 18 years of age; has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or infirmities of aging degenerative brain disorder, as defined in s. 55.01 (3) (1v); and meets all of the following criteria:

388,8 Section 8. 46.286 (3) (a) (intro.) of the statutes is amended to read:

46.286 (3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if he or she is at least 18 years of age, has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or infirmities of aging degenerative brain disorder, as defined in s. 55.01 (3) (1v), is financially eligible, fulfills any applicable cost-sharing requirements and meets any of the following criteria:

388,9 Section 9. 46.286 (3) (a) 3. of the statutes is amended to read:

46.286 (3) (a) 3. Is functionally eligible at the intermediate level and is determined by an elder-adult-at-risk agency under s. 46.90 (2) or specified in s. 55.01 (1t) an adult-at-risk agency designated under s. 55.02 to be in need of protective services under s. 55.05 or protective placement under s. 55.06.

388,10 Section 10. 46.90 (1) (a) of the statutes is repealed and recreated to read:

46.90 (1) (a) "Abuse" means any of the following:

1. Physical abuse.

2. Emotional abuse.

3. Sexual abuse.

4. Treatment without consent.

5. Unreasonable confinement or restraint.

388,11 Section 11. 46.90 (1) (aj) of the statutes is created to read:

46.90 (1) (aj) "Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.

388,12 Section 12. 46.90 (1) (an) of the statutes is created to read:

46.90 (1) (an) "Caregiver" means a person who has assumed responsibility for all or a portion of an individual's care voluntarily, by contract, or by agreement, including a person acting or claiming to act as a legal guardian.

388,13 Section 13. 46.90 (1) (b) of the statutes is repealed.

388,14 Section 14. 46.90 (1) (br) of the statutes is created to read:

46.90 (1) (br) "Elder adult at risk" means any person age 60 or older who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.

388,15 Section 15. 46.90 (1) (bt) of the statutes is created to read:

46.90 (1) (bt) "Elder-adult-at-risk agency" means the agency designated by the county board of supervisors under sub. (2) to receive, respond to, and investigate reports of abuse, neglect, self-neglect, and financial exploitation under sub. (4).

388,16 Section 16. 46.90 (1) (c) of the statutes is repealed.

388,17 Section 17. 46.90 (1) (cm) of the statutes is created to read:

46.90 (1) (cm) "Emotional abuse" means language or behavior that serves no legitimate purpose and is intended to be intimidating, humiliating, threatening, frightening, or otherwise harassing, and that does or reasonably could intimidate, humiliate, threaten, frighten, or otherwise harass the individual to whom the conduct or language is directed.

388,18 Section 18. 46.90 (1) (d) of the statutes is repealed.

388,19 Section 19. 46.90 (1) (e) of the statutes is repealed.

388,20 Section 20. 46.90 (1) (ed) of the statutes is created to read:

46.90 (1) (ed) "Financial exploitation" means any of the following:

1. Obtaining an individual's money or property by deceiving or enticing the individual, or by forcing, compelling, or coercing the individual to give, sell at less than fair market value, or in other ways convey money or property against his or her will without his or her informed consent.

2. Theft, as prohibited in s. 943.20.

3. The substantial failure or neglect of a fiscal agent to fulfill his or her responsibilities.

4. Unauthorized use of an individual's personal identifying information or documents, as prohibited in s. 943.201.

5. Unauthorized use of an entity's identifying information or documents, as prohibited in s. 943.203.

6. Forgery, as prohibited in s. 943.38.

7. Financial transaction card crimes, as prohibited in s. 943.41.

388,21 Section 21. 46.90 (1) (eg) of the statutes is created to read:

46.90 (1) (eg) "Fiscal agent" includes any of the following:

1. A guardian of the estate appointed under s. 880.03.

2. A conservator appointed under s. 880.31.

3. An agent under a financial power of attorney under s. 243.07.

4. A representative payee under 20 CFR 416.635.

5. A conservatorship under the U.S. department of veterans affairs.

388,22 Section 22. 46.90 (1) (er) of the statutes is created to read:

46.90 (1) (er) "Investigative agency" means a law enforcement or a city, town, village, county, or state governmental agency or unit with functions relating to protecting health, welfare, safety, or property, including an agency concerned with animal protection, public health, building code enforcement, consumer protection, or insurance or financial institution regulation.

388,23 Section 23. 46.90 (1) (f) of the statutes is repealed and recreated to read:

46.90 (1) (f) "Neglect" means the failure of a caregiver, as evidenced by an act, omission, or course of conduct, to endeavor to secure or maintain adequate care, services, or supervision for an individual, including food, clothing, shelter, or physical or mental health care, and creating significant risk or danger to the individual's physical or mental health. "Neglect" does not include a decision that is made to not seek medical care for an individual, if that decision is consistent with the individual's previously executed declaration or do-not-resuscitate order under ch. 154, a power of attorney for health care under ch. 155, or as otherwise authorized by law.

388,24 Section 24. 46.90 (1) (fg) of the statutes is created to read:

46.90 (1) (fg) "Physical abuse" means the intentional or reckless infliction of bodily harm.

388,25 Section 25. 46.90 (1) (g) of the statutes is amended to read:

46.90 (1) (g) "Self-neglect" means a significant danger to an elder person's individual's physical or mental health because the elder person individual is responsible for his or her own care but is unable fails to provide obtain adequate care, including food, shelter, clothing, or medical or dental care.

388,26 Section 26. 46.90 (1) (gd) of the statutes is created to read:

46.90 (1) (gd) "Sexual abuse" means a violation of s. 940.225 (1), (2), (3), or (3m).

388,27 Section 27. 46.90 (1) (gf) of the statutes is created to read:

46.90 (1) (gf) "State governmental agency" has the meaning given for "agency" in s. 16.417 (1) (a).

388,28 Section 28. 46.90 (1) (gr) of the statutes is created to read:

46.90 (1) (gr) "State official" means any law enforcement officer employed by the state or an employee of one of the following:

1. The department of health and family services.

2. The department of justice.

3. The department of regulation and licensing.

4. The board on aging and long-term care.

5. A state governmental agency other than those specified in subds. 1. to 4. with functions relating to protecting health and safety.

388,29 Section 29. 46.90 (1) (h) of the statutes is created to read:

46.90 (1) (h) "Treatment without consent" means the administration of medication to an individual who has not provided informed consent, or the performance of psychosurgery, electroconvulsive therapy, or experimental research on an individual who has not provided informed consent, with the knowledge that no lawful authority exists for the administration or performance.

388,30 Section 30. 46.90 (1) (i) of the statutes is created to read:

46.90 (1) (i) "Unreasonable confinement or restraint" includes the intentional and unreasonable confinement of an individual in a locked room, involuntary separation of an individual from his or her living area, use on an individual of physical restraining devices, or the provision of unnecessary or excessive medication to an individual, but does not include the use of these methods or devices in entities regulated by the department if the methods or devices are employed in conformance with state and federal standards governing confinement and restraint.