AB100-engrossed, s. 2059d 6Section 2059d. 50.065 of the statutes is created to read:
AB100-engrossed,957,8 750.065 Criminal history and patient abuse record search. (1) In this
8section:
AB100-engrossed,957,99 (b) "Client" means a person who receives services from an entity.
AB100-engrossed,957,1310 (c) "Entity" means a facility, organization or service that is regulated, licensed
11or certified by or registered with the department. "Entity" includes a personal care
12worker agency and a supportive home care service agency. "Entity" does not include
13any of the following:
AB100-engrossed,957,1414 1. Licensed or certified child care under ch. 48.
AB100-engrossed,957,1515 2. Kinship care under s. 48.57 (3m).
AB100-engrossed,957,1816 3. A person certified as a medical assistance provider, as defined in s. 49.43 (10),
17who is not otherwise regulated, licensed or certified by or registered with the
18department.
AB100-engrossed,957,1919 4. An entity, as defined in s. 48.685 (1) (b).
AB100-engrossed,957,2220 5. Foster homes and treatment foster homes under s. 48.62 that are licensed
21by the department, a county department under s. 46.215, 46.22 or 46.23 or a child
22welfare agency.
AB100-engrossed,957,2423 (d) "Personal care worker agency" has the meaning specified by the department
24by rule.
AB100-engrossed,958,2
1(e) "Serious crime" has the meaning specified by the department by rule under
2sub. (7) (a).
AB100-engrossed,958,43 (f) "Supportive home care service agency" has the meaning specified by the
4department by rule.
AB100-engrossed,958,8 5(2) (a) Notwithstanding s. 111.335, and except as provided in sub. (5), the
6department may not license a person to operate an entity or continue the license of
7a person to operate an entity if the department knows or should have known any of
8the following:
AB100-engrossed,958,99 1. That the person has been convicted of a serious crime.
AB100-engrossed,958,1010 2. That the person has pending against him or her a charge for a serious crime.
AB100-engrossed,958,1311 3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has
12made a finding that the person has abused or neglected any client or
13misappropriated the property of any client.
AB100-engrossed,958,1514 4. That a determination has been made under s. 48.981 (3) (c) 4. that the person
15has abused or neglected a child.
AB100-engrossed,958,1816 5. That, in the case of a position for which the person must be credentialed by
17the department of regulation and licensing, the person's credential is not current or
18is limited so as to restrict the person from providing adequate care to a client.
AB100-engrossed,958,2319 (ag) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity
20may not hire or contract with a person who will be under the entity's control, as
21defined by the department by rule, and who is expected to have access to its clients,
22or permit to reside at the entity a person who is not a client and who is expected to
23have access to a client, if the entity knows or should have known any of the following:
AB100-engrossed,958,2424 1. That the person has been convicted of a serious crime.
AB100-engrossed,958,2525 2. That the person has pending against him or her a charge for a serious crime.
AB100-engrossed,959,3
13. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has
2made a finding that the person has abused or neglected any client or
3misappropriated the property of any client.
AB100-engrossed,959,54 4. That a determination has been made under s. 48.981 (3) (c) 4. that the person
5has abused or neglected a child.
AB100-engrossed,959,86 5. That, in the case of a position for which the person must be credentialed by
7the department of regulation and licensing, the person's credential is not current or
8is limited so as to restrict the person from providing adequate care to a client.
AB100-engrossed,959,109 (am) The department shall obtain all of the following with respect to a person
10specified under par. (a) (intro.):
AB100-engrossed,959,1211 1. A criminal history search from the records maintained by the department
12of justice.
AB100-engrossed,959,1413 2. Information that is contained in the registry under s. 146.40 (4g) regarding
14any findings against the person.
AB100-engrossed,959,1615 3. Information maintained by the department of regulation and licensing
16regarding the status of the person's credentials, if applicable.
AB100-engrossed,959,1817 4. Information maintained by the department regarding any substantiated
18reports of child abuse or neglect against the person.
AB100-engrossed,959,2019 (b) 1. Subject to subds. 2. and 3., every entity shall obtain all of the following
20with respect to a person specified under par. (ag) (intro.):
AB100-engrossed,959,2221 a. A criminal history search from the records maintained by the department
22of justice.
AB100-engrossed,959,2423 b. Information that is contained in the registry under s. 146.40 (4g) regarding
24any findings against the person.
AB100-engrossed,960,2
1c. Information maintained by the department of regulation and licensing
2regarding the status of the person's credentials, if applicable.
AB100-engrossed,960,43 d. Information maintained by the department regarding any substantiated
4reports of child abuse or neglect against the person.
AB100-engrossed,960,85 2. Subdivision 1. does not apply with respect to a person with whom the entity
6contracts or whom the entity employs to provide infrequent or sporadic services,
7including maintenance services and other services that are not directly related to the
8care of a client.
AB100-engrossed,960,149 3. Subdivision 1. does not apply with respect to a person under 18 years of age
10whose background information form under sub. (6) (am) indicates that the person is
11not ineligible to be employed, contracted with or permitted to reside at the entity for
12a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise
13has no reason to believe that the person is ineligible to be employed, contracted with
14or permitted to reside at the entity for any of those reasons.
AB100-engrossed,960,2315 (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a
16person for whom, within the last 4 years, the information required under par. (b) 1.
17a. to c. has already been obtained, either by another entity or by a temporary
18employment agency, the entity may obtain the information required under par. (b)
191. a. to c. from that other entity or temporary employment agency, which shall
20provide the information, if possible, to the entity. If an entity cannot obtain the
21information required under par. (b) 1. a. to c. from another entity or from a temporary
22employment agency, the entity shall obtain that information from the sources
23specified in par. (b) 1. a. to c.
AB100-engrossed,961,424 (bm) If the person who is the subject of the search under par. (am) or (b) 1. is
25not a resident of this state, or if at any time within the 3 years preceding the date of

1the search that person has not been a resident of this state, the department or entity
2shall make a good faith effort to obtain from any state in which the person is a
3resident or was a resident within the 3 years preceding the date of the search
4information that is equivalent to the information specified in par. (am) 1. or (b) 1. a.
AB100-engrossed,961,115 (c) If the background information form completed by a person under sub. (6)
6(am) indicates that the person is not ineligible to be employed, contracted with or
7permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity
8may employ or contract with the person or permit the person to reside at the entity
9for not more than 60 days pending the receipt of the information sought under par.
10(b) 1. An entity shall provide supervision for a person who is employed or contracted
11with or permitted to reside as permitted under this paragraph.
AB100-engrossed,961,14 12(3) (a) Every 4 years or at any time within that period that the department
13considers appropriate, the department shall request the information specified in
14sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity.
AB100-engrossed,961,1715 (b) Every 4 years or at any other time within that period that an entity
16considers appropriate, the entity shall request the information specified in sub. (2)
17(b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.).
AB100-engrossed,961,22 18(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department obtains the
19information required under sub. (2) (am) or (3) (a) with respect to a person specified
20in sub. (2) (a) (intro.) and that person is also an employe, contractor or resident of the
21entity, the entity is not required to obtain the information specified in sub. (2) (b) 1.
22or (3) (b) with respect to that person.
AB100-engrossed,961,24 23(4) An entity that violates sub. (2) or (3) may be required to forfeit not more than
24$1,000 and may be subject to other sanctions specified by the department by rule.
AB100-engrossed,962,9
1(5) The department may license to operate an entity a person who otherwise
2may not be licensed for a reason specified in sub. (2) (a) 1. to 5., and an entity may
3employ, contract with or permit to reside at the entity a person who otherwise may
4not be employed, contracted with or permitted to reside at the entity for a reason
5specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department by clear
6and convincing evidence and in accordance with procedures established by the
7department by rule that he or she has been rehabilitated. No person who has been
8convicted of any of the following offenses may be permitted to demonstrate that he
9or she has been rehabilitated:
AB100-engrossed,962,1010 (a) First-degree intentional homicide under s. 940.01.
AB100-engrossed,962,1111 (b) First degree sexual assault under s. 940.225 (1).
AB100-engrossed,962,1212 (c) First degree sexual assault of a child under s. 948.02 (1).
AB100-engrossed,962,1513 (d) Second degree sexual assault of a child under s. 948.02 (2) if the person was,
14at the time of the sexual contact or sexual intercourse, more than 4 years older than
15the child with whom the person had the sexual contact or sexual intercourse.
AB100-engrossed,962,2016 (e) Repeated acts of sexual assault of the same child under s. 948.025 if the child
17had not attained the age of 13, or if the child had attained the age of 13 and had not
18attained the age of 16 and the person was, at the time of the sexual contact or sexual
19intercourse, more than 4 years older than the child with whom the person had the
20sexual contact or sexual intercourse.
AB100-engrossed,962,25 21(5c) Any person who is permitted but fails under sub. (5) to demonstrate to the
22department that he or she has been rehabilitated may appeal to the secretary of
23health and family services or his or her designee. Any person who is adversely
24affected by a decision of the secretary or his or her designee under this subsection has
25a right to a contested case hearing under ch. 227.
AB100-engrossed,963,8
1(5g) Beginning on the first January 1 after the effective date of this subsection
2.... [revisor inserts date], and annually thereafter, the department shall submit a
3report to the legislature under s. 13.172 (2) that specifies the number of persons in
4the previous year who have requested to demonstrate to the department that they
5have been rehabilitated under sub. (5), the number of persons who successfully
6demonstrated that they have been rehabilitated under sub. (5) and the reasons for
7the success or failure of a person who has attempted to demonstrate that he or she
8has been rehabilitated.
AB100-engrossed,963,15 9(5m) Notwithstanding s. 111.335, the department may refuse to license a
10person to operate an entity, and an entity may refuse to employ, contract with or
11permit to reside at the entity a person specified in sub. (2) (ag) (intro.), if the person
12has been convicted of an offense that the department has not defined as a "serious
13crime" by rule promulgated under sub. (7) (a), or specified in the list established by
14rule under sub. (7) (b), but that is, in the estimation of the department or entity,
15substantially related to the care of a client.
AB100-engrossed,963,18 16(6) (a) The department shall require any person who applies for issuance or
17continuation of a license to operate an entity to complete a background information
18form that is provided by the department.
AB100-engrossed,963,2119 (am) Every 4 years an entity shall require all of the following persons to
20complete a background information form that is provided to the entity by the
21department:
AB100-engrossed,963,2422 1. A person who is an employe, prospective employe, contractor or prospective
23contractor of the entity, who will be under the entity's control and who has, or is
24expected to have, access to its clients, other than a person specified in sub. (2) (b) 2.
AB100-engrossed,964,3
12. A person who is a resident or prospective resident at the entity and who is
2not a client or prospective client of the entity, if the person has, or is expected to have,
3access to any client of the entity.
AB100-engrossed,964,94 (b) For persons specified under par. (a) who are regulated, licensed or certified
5by, or registered with, the department, for person specified in par. (am) 2., and for
6other persons specified by the department by rule, the entity shall send the
7background information form to the department. For all other persons specified in
8par. (a) and for persons specified under par. (am) 1., the entity shall maintain the
9background information form on file for inspection by the department.
AB100-engrossed,964,1210 (c) A person who provides false information on a background information form
11required under this subsection may be required to forfeit not more than $1,000 and
12may be subject to other sanctions specified by the department by rule.
AB100-engrossed,964,13 13(7) The department shall do all of the following:
AB100-engrossed,964,2214 (a) Establish by rule a definition of "serious crime" for the purpose of this
15section. The definition shall include only crimes or acts that are substantially related
16to the care of a client and shall include classes of crimes or acts involving abuse or
17neglect of a client for which no person who has committed any of those crimes or acts
18may be permitted to demonstrate under sub. (5) that he or she has been
19rehabilitated. The definition may also include other crimes or acts that do not
20involve abuse or neglect of a client but that are substantially related to the care of
21a client for which no person who committed any of those crimes or acts may be
22permitted to demonstrate under sub. (5) that he or she has been rehabilitated.
AB100-engrossed,965,423 (b) Establish by rule a list of crimes or acts that are not included in the
24definition established under par. (a), that are substantially related to the care of
25clients and the commission of which warrants a less stringent measure than a bar

1on employment, residence or similar type of association with an entity. The rule shall
2be consistent with federal law and regulations and shall include a description of the
3measures to be taken for the crimes or acts that the department lists under this
4paragraph.
AB100-engrossed,965,85 (c) Conduct throughout the state periodic training sessions that cover criminal
6background investigations; reporting and investigating misappropriation of
7property or abuse or neglect of a client; and any other material that will better enable
8entities to comply with the requirements of this section.
AB100-engrossed,965,109 (d) Provide a background information form that requires the person completing
10the form to include his or her date of birth on the form.
AB100-engrossed,965,15 11(8) The department may charge a fee for obtaining the information required
12under sub. (2) (am) or (3) (a). The fee may not exceed the reasonable cost of obtaining
13the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40
14(1) (d), for obtaining or maintaining the information if to do so would be inconsistent
15with federal law.
AB100-engrossed, s. 2059f 16Section 2059f. 50.065 (2) (ag) (intro.) of the statutes, as created by 1997
17Wisconsin Act .... (this act), is amended to read:
AB100-engrossed,965,2318 50.065 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in
19sub. (5), an entity may not hire employ or contract with a person who will be under
20the entity's control, as defined by the department by rule, and who has, or is expected
21to have, access to its clients, or permit to reside at the entity a person who is not a
22client and who has, or is expected to have, access to a client, if the entity knows or
23should have known any of the following:
AB100-engrossed, s. 2061 24Section 2061. 50.09 (6) (d) of the statutes is amended to read:
AB100-engrossed,966,7
150.09 (6) (d) The facility shall attach a statement, which summarizes
2complaints or allegations of violations of rights established under this section, to an
3application for a new license or a renewal of its license. Such
the report required
4under s. 50.03 (4) (c) 1. or 2. The
statement shall contain the date of the complaint
5or allegation, the name of the persons involved, the disposition of the matter and the
6date of disposition. The department shall consider such the statement in reviewing
7the application report.
AB100-engrossed, s. 2062 8Section 2062. 50.13 of the statutes is amended to read:
AB100-engrossed,966,15 950.13 Fees permitted for a workshop or seminar. If the department
10develops and provides a workshop or seminar relating to the provision of service by
11facilities, adult family homes or residential care apartment complexes under this
12subchapter, the department may establish a fee for each workshop or seminar and
13impose the fee on registrants for the workshop or seminar. A fee so established and
14imposed shall be in an amount sufficient to reimburse the department for the costs
15directly associated with developing and providing the workshop or seminar.
AB100-engrossed, s. 2062m 16Section 2062m. 50.135 (2) (c) of the statutes is amended to read:
AB100-engrossed,966,1917 50.135 (2) (c) The fees collected under par. (a) shall be credited to the
18appropriation appropriations under s. 20.435 (1) (gm) and (6) (jm) as specified in
19those appropriations
for licensing, review and certifying activities.
AB100-engrossed, s. 2064 20Section 2064. 50.355 of the statutes is created to read:
AB100-engrossed,967,3 2150.355 Reporting. Every 12 months, on a schedule determined by the
22department, an approved hospital shall submit an annual report in the form and
23containing the information that the department requires, including payment of the
24fee required under s. 50.135 (2) (a). If a complete annual report is not timely filed,
25the department shall issue a warning to the holder of the certificate for approval.

1The department may revoke approval for failure to timely and completely report
2within 60 days after the report date established under the schedule determined by
3the department.
AB100-engrossed, s. 2065 4Section 2065. 50.49 (2) (b) of the statutes is amended to read:
AB100-engrossed,967,75 50.49 (2) (b) The department shall, by rule, set a license fee to be paid by home
6health agencies. The fee for license renewal shall be based on the annual net income,
7as determined by the department, of a home health agency.
AB100-engrossed, s. 2066 8Section 2066. 50.49 (6) (title) of the statutes is amended to read:
AB100-engrossed,967,109 50.49 (6) (title) Issuance of license; inspection and investigation; annual
10renewal; nontransferable report; nontransferability; content.
AB100-engrossed, s. 2067 11Section 2067. 50.49 (6) (a) of the statutes is amended to read:
AB100-engrossed,967,1712 50.49 (6) (a) The department shall issue a home health agency license if the
13applicant is fit and qualified, and if the home health agencies meet home health
14agency meets
the requirements established by this section. The department, or its
15designated representatives, shall make such inspections and investigations as are
16necessary to determine the conditions existing in each case and file written reports.
17Each licensee shall annually file a report with the department.
AB100-engrossed, s. 2068 18Section 2068. 50.49 (6) (b) of the statutes is amended to read:
AB100-engrossed,967,2219 50.49 (6) (b) A home health agency license, unless sooner is valid until
20suspended or revoked, shall be renewable at least biennially upon filing by the
21licensee, payment of the license fee and approval by the department of an annual
22report and application for renewal on forms provided by the department
.
AB100-engrossed, s. 2069 23Section 2069. 50.49 (6) (c) of the statutes is amended to read:
AB100-engrossed,968,324 50.49 (6) (c) Each license shall be issued only for the home health agency named
25in the application and shall not be is not transferable or assignable. If application

1for renewal is not so filed, such license is automatically canceled as of the date of its
2expiration.
Any license granted shall state such additional information and special
3limitations as the department, by rule, prescribes.
AB100-engrossed, s. 2070 4Section 2070. 50.49 (6) (d) of the statutes is created to read:
AB100-engrossed,968,115 50.49 (6) (d) Every 12 months, on a schedule determined by the department,
6a licensed home health agency shall submit an annual report in the form and
7containing the information that the department requires, including payment of the
8fee required under sub. (2) (b). If a complete annual report is not timely filed, the
9department shall issue a warning to the licensee. The department may revoke the
10license for failure to timely and completely report within 60 days after the report date
11established under the schedule determined by the department.
AB100-engrossed, s. 2072 12Section 2072. 50.495 of the statutes is created to read:
AB100-engrossed,968,19 1350.495 Fees permitted for a workshop or seminar. If the department
14develops and provides a workshop or seminar relating to the provision of services by
15hospitals and home health agencies under this subchapter, the department may
16establish a fee for each workshop or seminar and impose the fee on registrants for
17the workshop or seminar. A fee so established and imposed shall be in an amount
18sufficient to reimburse the department for the costs directly associated with
19developing and providing the workshop or seminar.
AB100-engrossed, s. 2073 20Section 2073. 50.51 (2) (b) of the statutes is amended to read:
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