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.
AB539, s. 1 1Section 1. 20.435 (7) (dh) of the statutes is amended to read:
AB539,9,22 20.435 (7) (dh) Programs for senior citizens; elder abuse services; benefit
3specialist program.
The amounts in the schedule for the programs for senior citizens,
4including but not limited to the purpose of distributing funds under s. 46.80 (2m) (b)
5to supplement any federal foster grandparent project funds received under 42 USC
65011
(a) and the purposes of ss. 46.80 (5) and 46.85; for direct services for elder
7persons and other individuals adults at risk under s. 46.90 (5m); and for the benefit
8specialist program for older persons under s. 46.81. Notwithstanding ss. 20.001 (3)
9(a) and 20.002 (1), the department of health and family services may transfer funds
10between fiscal years under this paragraph. All funds allocated under ss. 46.80 (2m)
11(b) and (5), 46.81 (2) and 46.85 but not encumbered by December 31 of each year lapse
12to the general fund on the next January 1, unless transferred to the next calendar
13year by the joint committee on finance, but the department may carry forward funds
14allocated under s. 46.90 (5m) that are not encumbered by June 30 of each year for
15allocation under s. 46.90 (5m) in the following state fiscal year. For the purposes of

1this paragraph, funds are encumbered by December 31 if allocated for services
2received or for goods ordered by December 31.
AB539, s. 2 3Section 2. 46.21 (2m) (c) of the statutes is amended to read:
AB539,9,204 46.21 (2m) (c) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
5(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and
6253.07 (3) (c), any a subunit of the a county department of human services or tribal
7agency
acting under this subsection may exchange confidential information about a
8client, without the informed consent of the client, with any other subunit of the same
9county department of human services or tribal agency, with a resource center, a care
10management organization, or a family care district, with an elder-adult-at-risk
11agency, an adult-at-risk agency, or any agency to which referral for investigation is
12made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g.,
or with any a person providing
13services to the client under a purchase of services contract with the county
14department of human services or tribal agency or with a resource center, a care
15management organization, or a family care district, if necessary to enable an
16employee or service provider to perform his or her duties, or to enable the county
17department of human services or tribal agency to coordinate the delivery of services
18to the client. An agency that releases information under this paragraph shall
19document that a request for information was received and what information was
20provided.
AB539, s. 3 21Section 3. 46.215 (1m) of the statutes is amended to read:
AB539,9,2522 46.215 (1m) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
23(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
24(3) (c) and 938.78 (2) (a), any a subunit of the a county department of social services
25or tribal agency acting under this section may exchange confidential information

1about a client, without the informed consent of the client, with any other subunit of
2the same county department of social services or tribal agency, with a resource
3center, a care management organization, or a family care district, with an
4elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
5for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g.,
or with any
6a person providing services to the client under a purchase of services contract with
7the county department of social services or tribal agency or with a resource center,
8a care management organization, or a family care district, if necessary to enable an
9employee or service provider to perform his or her duties, or to enable the county
10department of social services or tribal agency to coordinate the delivery of services
11to the client. An agency that releases information under this subsection shall
12document that a request for information was received and what information was
13provided.
AB539, s. 4 14Section 4. 46.22 (1) (dm) of the statutes is amended to read:
AB539,11,615 46.22 (1) (dm) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
16(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
17(3) (c) and 938.78 (2) (a), any a subunit of the a county department of social services
18or tribal agency acting under this subsection may exchange confidential information
19about a client, without the informed consent of the client, with any other subunit of
20the same county department of social services or tribal agency, with a resource
21center, a care management organization, or a family care district, with an
22elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
23for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g.
, or with any
24a person providing services to the client under a purchase of services contract with
25the county department of social services or tribal agency or with a resource center,

1a care management organization, or a family care district, if necessary to enable an
2employee or service provider to perform his or her duties, or to enable the county
3department of social services or tribal agency to coordinate the delivery of services
4to the client. An agency that releases information under this paragraph shall
5document that a request for information was received and what information was
6provided.
AB539, s. 5 7Section 5. 46.23 (3) (e) of the statutes is amended to read:
AB539,11,248 46.23 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
9(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
10(3) (c) and 938.78 (2) (a), any a subunit of a county department of human services or
11tribal agency
acting under this section may exchange confidential information about
12a client, without the informed consent of the client, with any other subunit of the
13same county department of human services or tribal agency, with a resource center,
14a care management organization, or a family care district, with an
15elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
16for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g.,
or with any
17a person providing services to the client under a purchase of services contract with
18the county department of human services or tribal agency or with a resource center,
19a care management organization, or a family care district, if necessary to enable an
20employee or service provider to perform his or her duties, or to enable the county
21department of human services or tribal agency to coordinate the delivery of services
22to the client. An agency that releases information under this paragraph shall
23document that a request for information was received and what information was
24provided.
AB539, s. 6 25Section 6. 46.283 (4) (h) of the statutes is amended to read:
AB539,12,4
146.283 (4) (h) Provide access to services under s. 46.90 and ch. 55 to a person
2who is eligible for the services, through cooperation with the county
3elder-adult-at-risk agency or the adult-at-risk agency or agencies that provide
4provides the services.
AB539, s. 7 5Section 7. 46.286 (1) (intro.) of the statutes is amended to read:
AB539,12,106 46.286 (1) Eligibility. (intro.) A person is eligible for, but not necessarily
7entitled to, the family care benefit if the person is at least 18 years of age; has a
8physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as
9defined in s. 51.01 (5) (a), or infirmities of aging degenerative brain disorder, as
10defined in s. 55.01 (3) (1v); and meets all of the following criteria:
AB539, s. 8 11Section 8. 46.286 (3) (a) (intro.) of the statutes is amended to read:
AB539,12,1812 46.286 (3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may
13receive the family care benefit through enrollment in a care management
14organization if he or she is at least 18 years of age, has a physical disability, as defined
15in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or
16infirmities of aging degenerative brain disorder, as defined in s. 55.01 (3) (1v), is
17financially eligible, fulfills any applicable cost-sharing requirements and meets any
18of the following criteria:
AB539, s. 9 19Section 9. 46.286 (3) (a) 3. of the statutes is amended to read:
AB539,12,2320 46.286 (3) (a) 3. Is functionally eligible at the intermediate level and is
21determined by an elder-adult-at-risk agency under s. 46.90 (2) or specified in s.
2255.01 (1t)
an adult-at-risk agency designated under s. 55.02 to be in need of
23protective services under s. 55.05 or protective placement under s. 55.06.
AB539, s. 10 24Section 10. 46.90 (1) (a) of the statutes is repealed and recreated to read:
AB539,12,2525 46.90 (1) (a) "Abuse" means any of the following:
AB539,13,1
11. Physical abuse.
AB539,13,22 2. Emotional abuse.
AB539,13,33 3. Sexual abuse.
AB539,13,44 4. Treatment without consent.
AB539,13,55 5. Unreasonable confinement or restraint.
AB539, s. 11 6Section 11. 46.90 (1) (aj) of the statutes is created to read:
AB539,13,87 46.90 (1) (aj) "Bodily harm" means physical pain or injury, illness, or any
8impairment of physical condition.
AB539, s. 12 9Section 12. 46.90 (1) (an) of the statutes is created to read:
AB539,13,1210 46.90 (1) (an) "Caregiver" means a person who has assumed responsibility for
11all or a portion of an individual's care voluntarily, by contract, or by agreement,
12including a person acting or claiming to act as a legal guardian.
AB539, s. 13 13Section 13. 46.90 (1) (b) of the statutes is repealed.
AB539, s. 14 14Section 14. 46.90 (1) (br) of the statutes is created to read:
AB539,13,1715 46.90 (1) (br) "Elder adult at risk" means any person age 60 or older who has
16experienced, is currently experiencing, or is at risk of experiencing abuse, neglect,
17self-neglect, or financial exploitation.
AB539, s. 15 18Section 15. 46.90 (1) (bt) of the statutes is created to read:
AB539,13,2119 46.90 (1) (bt) "Elder-adult-at-risk agency" means the agency designated by
20the county board of supervisors under sub. (2) to receive, respond to, and investigate
21reports of abuse, neglect, self-neglect, and financial exploitation under sub. (4).
AB539, s. 16 22Section 16. 46.90 (1) (c) of the statutes is repealed.
AB539, s. 17 23Section 17. 46.90 (1) (cm) of the statutes is created to read:
AB539,14,324 46.90 (1) (cm) "Emotional abuse" means language or behavior that serves no
25legitimate purpose and is intended to be intimidating, humiliating, threatening,

1frightening, or otherwise harassing, and that does or reasonably could intimidate,
2humiliate, threaten, frighten, or otherwise harass the individual to whom the
3conduct or language is directed.
AB539, s. 18 4Section 18. 46.90 (1) (d) of the statutes is repealed.
AB539, s. 19 5Section 19. 46.90 (1) (e) of the statutes is repealed.
AB539, s. 20 6Section 20. 46.90 (1) (ed) of the statutes is created to read:
AB539,14,77 46.90 (1) (ed) "Financial exploitation" means any of the following:
AB539,14,118 1. Obtaining an individual's money or property by deceiving or enticing the
9individual, or by forcing, compelling, or coercing the individual to give, sell at less
10than fair market value, or in other ways convey money or property against his or her
11will without his or her informed consent.
AB539,14,1212 2. Theft, as prohibited in s. 943.20.
AB539,14,1413 3. The substantial failure or neglect of a fiscal agent to fulfill his or her
14responsibilities.
AB539, s. 21 15Section 21. 46.90 (1) (eg) of the statutes is created to read:
AB539,14,1616 46.90 (1) (eg) "Fiscal agent" includes any of the following:
AB539,14,1717 1. A guardian of the estate appointed under s. 880.03.
AB539,14,1818 2. A conservator appointed under s. 880.31.
AB539,14,1919 3. An agent under a financial power of attorney under s. 243.07.
AB539,14,20204. A representative payee under 20 CFR 416.635.
AB539,14,2121 5. A conservatorship under the U.S. department of veterans affairs.
AB539, s. 22 22Section 22. 46.90 (1) (er) of the statutes is created to read:
AB539,15,223 46.90 (1) (er) "Investigative agency" means a law enforcement or a city, town,
24village, county, or state governmental agency or unit with functions relating to
25protecting health, welfare, safety, or property, including an agency concerned with

1animal protection, public health, building code enforcement, consumer protection,
2or insurance or financial institution regulation.
AB539, s. 23 3Section 23. 46.90 (1) (f) of the statutes is repealed and recreated to read:
AB539,15,124 46.90 (1) (f) "Neglect" means the failure of a caregiver, as evidenced by an act,
5omission, or course of conduct, to endeavor to secure or maintain adequate care,
6services, or supervision for an individual, including food, clothing, shelter, or
7physical or mental health care, and creating significant risk or danger to the
8individual's physical or mental health. "Neglect" does not include a decision that is
9made to not seek medical care for an individual, if that decision is consistent with the
10individual's previously executed declaration or do-not-resuscitate order under ch.
11154, a power of attorney for health care under ch. 155, or as otherwise authorized by
12law.
AB539, s. 24 13Section 24. 46.90 (1) (fg) of the statutes is created to read:
AB539,15,1514 46.90 (1) (fg) "Physical abuse" means the intentional or reckless infliction of
15bodily harm.
AB539, s. 25 16Section 25. 46.90 (1) (g) of the statutes is amended to read:
AB539,15,2017 46.90 (1) (g) "Self-neglect" means a significant danger to an elder person's
18individual's physical or mental health because the elder person individual is
19responsible for his or her own care but is unable fails to provide obtain adequate care,
20including
food, shelter, clothing, or medical or dental care.
AB539, s. 26 21Section 26. 46.90 (1) (gd) of the statutes is created to read:
AB539,15,2222 46.90 (1) (gd) "Sexual abuse" means a violation of s. 940.225 (1), (2), (3), or (3m).
AB539, s. 27 23Section 27. 46.90 (1) (gf) of the statutes is created to read:
AB539,15,2524 46.90 (1) (gf) "State governmental agency" has the meaning given for "agency"
25in s. 16.417 (1) (a).
AB539, s. 28
1Section 28. 46.90 (1) (gr) of the statutes is created to read:
AB539,16,32 46.90 (1) (gr) "State official" means any law enforcement officer employed by
3the state or an employee of one of the following:
AB539,16,44 1. The department of health and family services.
AB539,16,55 2. The department of justice.
AB539,16,66 3. The department of regulation and licensing.
AB539,16,77 4. The board on aging and long-term care.
AB539,16,98 5. A state governmental agency other than those specified in subds. 1. to 4. with
9functions relating to protecting health and safety.
AB539, s. 29 10Section 29. 46.90 (1) (h) of the statutes is created to read:
AB539,16,1511 46.90 (1) (h) "Treatment without consent" means the administration of
12medication to an individual who has not provided informed consent, or the
13performance of psychosurgery, electroconvulsive therapy, or experimental research
14on an individual who has not provided informed consent, with the knowledge that
15no lawful authority exists for the administration or performance.
AB539, s. 30 16Section 30. 46.90 (1) (i) of the statutes is created to read:
AB539,16,2317 46.90 (1) (i) "Unreasonable confinement or restraint" includes the intentional
18and unreasonable confinement of an individual in a locked room, involuntary
19separation of an individual from his or her living area, use on an individual of
20physical restraining devices, or the provision of unnecessary or excessive medication
21to an individual, but does not include the use of these methods or devices in entities
22regulated by the department if the methods or devices are employed in conformance
23with state and federal standards governing confinement and restraint.
AB539, s. 31 24Section 31. 46.90 (2) of the statutes is amended to read:
AB539,17,3
146.90 (2) County Elder-adult-at-risk agency designation. Each county
2board shall designate an agency in the county as the county elder-adult-at-risk
3agency for the purposes of this section.
AB539, s. 32 4Section 32. 46.90 (3) (title) of the statutes is amended to read:
AB539,17,55 46.90 (3) (title) County Elder-adult-at-risk agency duties.
AB539, s. 33 6Section 33. 46.90 (3) (a), (b) and (c) of the statutes are amended to read:
AB539,17,177 46.90 (3) (a) Each county elder-adult-at-risk agency shall develop a policy for
8notifying other investigative agencies, including law enforcement officials in
9appropriate cases, and shall establish an elder abuse reporting system to carry out
10the purposes of this section. Each county elder-adult-at-risk agency shall enter into
11a memorandum of understanding regarding the operation of the system with the
12county department under s. 46.215 or 46.22 and with any private or public agency,
13including a county department under s. 51.42 or 51.437, within the county that is
14participating in the elder abuse reporting system. The memorandum of
15understanding shall, at a minimum, identify the agencies that are responsible for the
16investigation of reports of abuse, material abuse financial exploitation, neglect, or
17self-neglect of elder adults at risk and for the provision of specific direct services.
AB539,17,2018 (b) Each county elder-adult-at-risk agency shall receive reports of abuse,
19material abuse financial exploitation, neglect, or self-neglect of elder persons adults
20at risk
.
AB539,18,221 (c) Each county elder-adult-at-risk agency shall publicize the existence of an
22elder abuse reporting system in the county and shall provide a publicized telephone
23number which that can be used by persons wishing to report suspected cases of
24abuse, material abuse financial exploitation, neglect, or self-neglect of elder adults
25at risk. Each elder-adult-at-risk agency shall also provide a telephone number that

1can be used to make reports after the elder-adult-at-risk agency's regular business
2hours
.
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