AB823, s. 8
4Section
8. 48.685 (5d) (d) of the statutes is created to read:
AB823,6,145
48.685
(5d) (d) A tribe may request the department to grant the tribe the
6authority to conduct rehabilitation reviews under sub. (5) with respect to an entity
7located outside the boundaries of the tribe's reservation that is owned or operated by
8the tribe or a tribal corporation. The department shall evaluate the tribe's request,
9considering factors such as the proximity of the off-reservation tribal entity to the
10reservation and the population to be served by the off-reservation tribal entity, and,
11if the department determines that the conduct of rehabilitation reviews by the tribe
12with respect to the off-reservation tribal entity is rationally related to the protection
13of clients, the department may authorize the tribe to conduct rehabilitation reviews
14with respect to the off-reservation tribal entity.
AB823,6,2317
48.685
(6) (b) 1. For caregivers who are licensed by the department, for persons
18under 18 years of age, but not under 12 years of age, who are caregivers of a day care
19center that is licensed under s. 48.65 or established or contracted for under s. 120.13
20(4) (14) or of a day care provider that is certified under s. 48.651, for persons who are
21nonclient residents of an entity that is licensed by the department, and for other
22persons specified by the department by rule, the entity shall send the background
23information form to the department.
AB823, s. 10
24Section
10. 48.685 (7) (bm) of the statutes is created to read:
AB823,7,4
148.685
(7) (bm) Establish by rule criteria for the department to use in
2determining whether a tribe whose plan is approved under sub. (5d) (b) may be
3authorized to conduct rehabilitation reviews under sub. (5) for some, but not all,
4entities within the boundaries of the tribe's reservation.
AB823,7,97
50.065
(1) (cn) "Nonclient resident" means a person
10 years of age or older who
8resides, or is expected to reside, at an entity, who is not a client of the entity and who
9has, or is expected to have, regular, direct contact with clients of the entity.
AB823,7,2412
50.065
(5) The department may license, certify, issue a certificate of approval
13to or register to operate an entity a person who otherwise may not be licensed,
14certified, issued a certificate of approval or registered for a reason specified in sub.
15(4m) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the
16entity a person who otherwise may not be employed, contracted with or permitted
17to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person
18demonstrates to the department, or, in the case of
an entity located outside the
19boundaries of a reservation that is owned or operated by a tribe or tribal corporation
20and that is subject to rehabilitation reviews by the tribe under sub. (5d) (d) or an
21entity
that is located within the boundaries of a reservation, to the person or body
22designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and
23in accordance with procedures established by the department by rule, or by the tribe,
24that he or she has been rehabilitated.
AB823, s. 13
25Section
13. 50.065 (5d) (c) of the statutes is created to read:
AB823,8,5
150.065
(5d) (c) A tribe may request the department to grant the tribe the
2authority to conduct rehabilitation reviews under sub. (5) with respect to some, but
3not all, entities within the boundaries of the tribe's reservation. The department
4shall grant that authority if the criteria established by rule under sub. (7) (bm) are
5satisfied.
AB823, s. 14
6Section
14. 50.065 (5d) (d) of the statutes is created to read:
AB823,8,167
50.065
(5d) (d) A tribe may request the department to grant the tribe the
8authority to conduct rehabilitation reviews under sub. (5) with respect to an entity
9located outside the boundaries of the tribe's reservation that is owned or operated by
10the tribe or a tribal corporation. The department shall evaluate the tribe's request,
11considering factors such as proximity of the off-reservation tribal entity to the
12reservation and the population to be served by the off-reservation tribal entity, and,
13if the department determines that the conduct of rehabilitation reviews by the tribe
14with respect to the off-reservation tribal entity is rationally related to the protection
15of clients, the department may authorize the tribe to conduct rehabilitation reviews
16with respect to the off-reservation tribal entity.
AB823, s. 15
17Section
15. 50.065 (7) (bm) of the statutes is created to read:
AB823,8,2118
50.065
(7) (bm) Establish by rule criteria for the department to use in
19determining whether a tribe whose plan is approved under sub. (5d) (b) may be
20authorized to conduct rehabilitation reviews under sub. (5) for some, but not all,
21entities within the boundaries of the tribe's reservation.
AB823, s. 16
22Section
16. 146.40 (1) (cn) of the statutes is created to read:
AB823,8,2323
146.40
(1) (cn) "Nonclient resident" has the meaning given in s. 50.065 (1) (cn).
AB823, s. 17
24Section
17. 146.40 (4g) (a) 4. of the statutes is amended to read:
AB823,9,4
1146.40
(4g) (a) 4. A brief statement, if any, of an individual
about whom the
2department
is notified lists on the registry under
sub. (4) subd. 2. and who disputes
3the department's findings under sub. (4r) (b) or the hearing officer's findings under
4sub. (4r) (d).
AB823, s. 18
5Section
18. 146.40 (4r) (a) of the statutes is amended to read:
AB823,9,96
146.40
(4r) (a) Any individual may report to the department that he or she
7believes that any person
who is employed by or under contract with an entity
or who
8is a nonclient resident at an entity has neglected or abused a client or
9misappropriated the client's property.
AB823, s. 19
10Section
19. 146.40 (4r) (am) 1. of the statutes is amended to read:
AB823,9,1511
146.40
(4r) (am) 1. Except as provided in subd. 2., an entity shall report to the
12department any allegation of misappropriation of the property of a client or of neglect
13or abuse of a client by any person
who is employed by or under contract with the
14entity
or who is a nonclient resident at the entity if the person is under the control
15of the entity.
AB823, s. 20
16Section
20. 146.40 (4r) (c) of the statutes is amended to read:
AB823,9,2317
146.40
(4r) (c) If
the nurse's assistant or home health aide under par. (b) a
18person whom the department proposes under par. (b) to list on the registry notifies
19the department that he or she waives a hearing to contest the listings in the registry
20under par. (b), or fails to notify the department within 30 days after receipt of
a the 21notice
under specified in par. (b), the department shall enter the name of the
22individual under sub. (4g) (a) 2. and the department's findings about the individual
23under sub. (4g) (a) 3.
AB823, s. 21
24Section
21. 146.40 (4r) (d) of the statutes is amended to read:
AB823,10,15
1146.40
(4r) (d) If
the a person
specified in the report received under par. (a) or
2(am) whom the department proposes under par. (b) to list on the registry timely
3notifies the division of hearings and appeals created under s. 15.103 (1) that he or
4she contests the listings in the registry
under par. (b), the division of hearings and
5appeals shall hold a hearing under the requirements of ch. 227. If after presentation
6of evidence a hearing officer finds that there is no reasonable cause to believe that
7the person
specified in the report received under par. (a) or (am) performed an action
8alleged under par. (a) or (am), the hearing officer shall dismiss the proceeding. If
9after presentation of evidence a hearing officer finds that there is reasonable cause
10to believe that the person
specified in the report received under par. (a) or (am) 11performed an action alleged under par. (a) or (am), the hearing officer shall so find
12and shall cause the name of the person
specified in the report received under par. (a)
13or (am) to be entered under sub. (4g) (a) 2. and the hearing officer's findings about
14the person
specified in the report received under par. (a) or (am) to be entered under
15sub. (4g) (a) 3.
AB823, s. 22
16Section
22. 146.40 (4r) (e) of the statutes is amended to read:
AB823,10,2117
146.40
(4r) (e)
The nurse's assistant or home health aide A person whom the
18department lists on the registry under sub. (4g) may provide the department with
19a brief statement disputing the department's findings under par. (b) or the hearing
20officer's findings under par. (d) and, if so provided, the department shall enter the
21statement under sub. (4g) (a) 4.