Amendment ASA2-AB203

LRBs0185/1

TAY:kaf:hmh

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 1997 ASSEMBLY BILL 203

May 28, 1997 - Offered by Representative Hahn.

AB203-ASA2,1,9 An Act to amend 49.498 (3) (b) 1., 55.043 (1) (a) (intro.), 55.043 (4) (intro.), 55.043 (4) (e), 55.043 (4) (f), 55.043 (5), 146.40 (4g) (a) 3., 146.40 (4r) (a), 146.40 (4r) (b) and 813.123 (5) (a) 3. a.; and to create 20.435 (6) (di), 46.90 (9m), 50.065 and 146.40 (4r) (am) of the statutes; relating to: requiring criminal history searches of certain persons hired or proposed to be hired by certain facilities or services, requiring conduct of an elder abuse awareness campaign, authorizing positions for the board on aging and long-term care, clarifying requirements for reporting the misappropriation of property, abuse or neglect of certain patients or facility residents, making appropriations and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB203-ASA2, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB203-ASA2, s. 2 Section 2. 20.435 (6) (di) of the statutes is created to read:

AB203-ASA2,2,4 20.435 (6) (di) Elder abuse awareness campaign. The amounts in the schedule for the purpose of conducting a statewide elder abuse awareness campaign under s. 46.90 (9m).

AB203-ASA2, s. 3 Section 3. 46.90 (9m) of the statutes is created to read:

AB203-ASA2,2,11 46.90 (9m) Elder abuse awareness campaign. From the appropriation under s. 20.435 (6) (di), the department shall conduct a statewide elder abuse awareness campaign by use of mass media communication, including public service announcements, and by development, printing and distribution of informational brochures and posters, to increase the general public's awareness of the problem of elder abuse.

AB203-ASA2, s. 4 Section 4. 49.498 (3) (b) 1. of the statutes is amended to read:

AB203-ASA2,2,18 49.498 (3) (b) 1. Inform each resident, orally and in writing at the time of admission to the nursing facility, of the resident's legal rights during the stay at the nursing facility, including a description of the protection of personal funds under sub. (8) and a statement that a resident may file a complaint with the department under s. 146.40 (4r) (a) concerning neglect, abuse or misappropriation of property, neglect or abuse of a resident.

AB203-ASA2, s. 5 Section 5. 50.065 of the statutes is created to read:

AB203-ASA2,3,3 50.065 Prior convictions, employes of certain facilities or services. (1) In this section:

AB203-ASA2,3,6 (a) "Adult day care center" means a facility that is operated by an adult day care provider that provides care and services to persons who are aged 60 or older for less than 24 hours a day.

AB203-ASA2,3,7 (b) "Hospice" has the meaning given in s. 50.90 (1).

AB203-ASA2,3,8 (c) "Hospital" has the meaning given in s. 50.33 (2).

AB203-ASA2,3,9 (d) "Treatment facility" has the meaning given in s. 51.01 (19).

AB203-ASA2,3,21 (2) (a) Any person who is engaged in the business of providing the services of an adult day care center, an adult family home, an assisted living facility, a community-based residential facility, a home health agency, a hospice, a nursing home, a hospital or a treatment facility shall request the department of justice to perform a criminal history search on any individual who may have access to patients, residents, or clients of the facility or service whom 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 proposes to hire. 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 may charge the applicant the actual cost of the criminal history search.

AB203-ASA2,4,2 (b) 1. Notwithstanding s. 111.335 (1), upon application for employment with 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, the applicant shall attest in writing to one of the following:

AB203-ASA2,4,4 a. A statement that the applicant has not been convicted of a crime in this state or in any other state.

AB203-ASA2,4,7 b. A statement that the applicant has been convicted of a crime in this state or in any other state. If the applicant attests to a statement under this subd. 1. b., the applicant shall further state in writing the nature of the convictions.

AB203-ASA2,4,10 2. A person who intentionally attests to a false statement under this paragraph, including the intentional omission of any conviction, may be fined not more than $500.

AB203-ASA2,4,18 (c) 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 employ a person pending the completion of a criminal history search under par. (a) unless the person has attested under par. (b) to having a criminal conviction that prohibits 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 from employing the person under sub. (3).

AB203-ASA2,5,4 (3) (a) No 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 intentionally employ an individual who may have access to patients or residents of the facility or service who has been convicted under s. 940.01 to 940.03, 940.05, 940.06, 940.19, 940.20, 940.21, 940.225 (1) to (3), 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 943.10 (2), 943.23 (1g) to (1r), 943.32 (2), 948.02 (1) and (2), 948.025, 948.03, 948.05, 948.055, 948.06, 948.07 or 948.30 or of solicitation under s. 939.30, conspiracy under s. 939.31 or attempt under s. 939.32, to commit any of these crimes and who has not been pardoned for the violation resulting in the conviction. Whoever violates this paragraph may be required to forfeit not more than $1,000.

AB203-ASA2,5,10 (b) 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 employ a person who has been convicted under s. 940.23, 941.30, 943.10 (1), 943.20, 943.30, 943.32 (1), 943.38 or 948.04, or of solicitation under s. 939.30, conspiracy under s. 939.31 or attempt under s. 939.32 to commit any of these crimes, only if all of the following apply:

AB203-ASA2,5,12 1. A period of at least 4 years has elapsed since the person's jail or prison sentence or probation or parole was discharged.

AB203-ASA2,5,16 2. The person has had no other convictions in the 4 years immediately preceding the date on which the person applies to 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.

AB203-ASA2,5,17 (bm) Whoever violates par. (b) may be required to forfeit not more than $500.

AB203-ASA2,5,24 (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-ASA2,6,10 (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 not employ any person who has a record of misappropriation of property, neglect or abuse of a patient, resident or client. A person who violates this subsection may be required to forfeit not more than $1,000.

AB203-ASA2, s. 6 Section 6. 55.043 (1) (a) (intro.) of the statutes is amended to read:

AB203-ASA2,6,19 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-ASA2, s. 7 Section 7. 55.043 (4) (intro.) of the statutes is amended to read:

AB203-ASA2,6,24 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-ASA2, s. 8 Section 8. 55.043 (4) (e) of the statutes is amended to read:

AB203-ASA2,7,4 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-ASA2, s. 9 Section 9. 55.043 (4) (f) of the statutes is amended to read:

AB203-ASA2,7,10 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-ASA2, s. 10 Section 10. 55.043 (5) of the statutes is amended to read:

AB203-ASA2,7,17 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-ASA2, s. 11 Section 11. 146.40 (4g) (a) 3. of the statutes is amended to read:

AB203-ASA2,7,21 146.40 (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-ASA2, s. 12 Section 12. 146.40 (4r) (a) of the statutes is amended to read:

AB203-ASA2,8,8 146.40 (4r) (a) Any individual may report to the department that he or she believes that a nurse's assistant person employed by or under contract with 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 has neglected, or abused a resident, patient or client of 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 or misappropriated the resident's, patient's or client'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-ASA2, s. 13 Section 13. 146.40 (4r) (am) of the statutes is created to read:

AB203-ASA2,8,18 146.40 (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. A person who violates this paragraph may be required to forfeit not more than $1,000.

AB203-ASA2, s. 14 Section 14. 146.40 (4r) (b) of the statutes is amended to read:

AB203-ASA2,9,11 146.40 (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 person 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 home health agency resident, patient or client of 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 and explain the consequence to the nurse's assistant or home health aide person of waiving a hearing to contest the findings. The nurse's assistant or home health aide person 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.