AB539: Bill Text

AB539,19,22 46.90 (4) (b) 1. b. No person may discharge or otherwise retaliate or discriminate against any person individual on whose behalf another person has reported in good faith under this subsection.

AB539, s. 40 Section 40. 46.90 (4) (b) 1. c. of the statutes is renumbered 46.90 (9) (d) and amended to read:

AB539,20,3 46.90 (9) (d) Any person who violates this subdivision sub. (4) (b) 1. may be fined not more than $1,000 $10,000 or imprisoned for not more than 6 months or both.

AB539, s. 41 Section 41. 46.90 (4) (b) 1. cm. of the statutes is created to read:

AB539,20,10 46.90 (4) (b) 1. cm. Any discharge of a person or act of retaliation or discrimination that is taken against a person who makes a report under this subsection, within 120 days after the report is made, establishes a rebuttable presumption that the discharge or act is made in response to the report. This presumption may be rebutted by a preponderance of evidence that the discharge or act was not made in response to the report.

AB539, s. 42 Section 42. 46.90 (4) (b) 2. c. of the statutes is amended to read:

AB539,20,14 46.90 (4) (b) 2. c. Any person not described in subd. 2. b. who is retaliated or discriminated against in violation of subd. 1. a. or b. may commence an action in circuit court for damages incurred as a result of the violation.

AB539, s. 43 Section 43. 46.90 (4) (c) of the statutes is amended to read:

AB539,20,20 46.90 (4) (c) No person may be held civilly or criminally liable or be found guilty of unprofessional conduct for reporting in good faith under this subsection and within the scope of his or her authority, or for filing a report with an agency not listed in par. (ad) (intro.) or (ar) if the person had a good faith belief that the report was filed correctly with one of the listed agencies.

AB539, s. 44 Section 44. 46.90 (4) (d) of the statutes is amended to read:

AB539,20,24 46.90 (4) (d) If a report under par. (a) (ad) or (ar) is made to a state official, the state official shall refer the report to the appropriate county elder-adult-at-risk agency.

AB539, s. 45 Section 45. 46.90 (4) (e) of the statutes is created to read:

AB539,21,2 46.90 (4) (e) Any person making a report under this subsection is presumed to have reported in good faith.

AB539, s. 46 Section 46. 46.90 (5) (title) of the statutes is repealed and recreated to read:

AB539,21,4 46.90 (5) (title) Response and investigation.

AB539, s. 47 Section 47. 46.90 (5) (a) of the statutes is renumbered 46.90 (5) (a) 1. and amended to read:

AB539,22,5 46.90 (5) (a) 1. Except as otherwise provided, upon receiving a report of alleged abuse, material abuse financial exploitation, neglect, or self-neglect of an elder adult at risk, the county elder-adult-at-risk agency shall either investigate respond to the report including, if necessary, by conducting an investigation, or refer the report to another agency for investigation. Upon receiving a report of alleged abuse, material abuse financial exploitation, neglect, or self-neglect of an elder person who resides in a community-based residential facility or a nursing home licensed under s. 50.03 or of an elder person who receives services from a home health agency licensed under s. 50.49 and the person suspected of abusing or neglecting the person is an employee of the home health agency a client, as defined in s. 50.065 (1) (b), of an entity, as defined in s. 50.065 (1) (c), if the person suspected of perpetrating the alleged abuse, financial exploitation, or neglect is a caregiver or a nonclient resident of the entity, the county elder-adult-at-risk agency may not investigate the report but it shall refer the report within 24 hours after the report is received, excluding Saturdays, Sundays and legal holidays, to the department for investigation. An investigation The department shall coordinate its investigatory efforts with other investigative agencies or authorities as appropriate. An elder-adult-at-risk agency's response to or another investigative agency's investigation of a report of alleged abuse, financial exploitation, neglect, or self-neglect that is not referred to the department shall be commenced within 24 hours after a report is received, excluding Saturdays, Sundays and legal holidays. An investigation of a report of material abuse shall be commenced within 5 days after a report is received, excluding Saturdays, Sundays and legal holidays. If a report is referred to the department, pars. (b) to (g) and sub. (6) do not apply to the department.

AB539, s. 48 Section 48. 46.90 (5) (a) 2. of the statutes is created to read:

AB539,22,17 46.90 (5) (a) 2. If an agent or employee of an elder-adult-at-risk agency required to respond under this subsection is the subject of a report, or if the elder-adult-at-risk agency or an agency under contract with the county department determines that the relationship between the elder-adult-at-risk agency and the agency under contract with the county department would not allow for an unbiased response, the elder-adult-at-risk agency shall, after taking any action necessary to protect the elder adult at risk, notify the department. Upon receipt of the notice, the department or a county department under s. 46.215, 46.22, 51.42, or 51.437 designated by the department shall conduct an independent investigation. The powers and duties of a county department making an independent investigation are those given to an elder-adult-at-risk agency under pars. (b) to (f) and sub. (6).

AB539, s. 49 Section 49. 46.90 (5) (b) (intro.) and 1. to 5. of the statutes are amended to read:

AB539,22,21 46.90 (5) (b) (intro.) The scope of the elder-adult-at-risk agency's response or another investigative agency's investigation is at the discretion of the investigating agency and may include one or more of the following:

AB539,22,22 1. A visit to the elder person's residence of the elder adult at risk.

AB539,22,24 2. Observation of the elder person adult at risk, with or without consent of his or her guardian or agent under an activated power of attorney for health care, if any.

AB539,23,4 3. An interview with the elder person. To the extent practicable, this interview shall be private adult at risk, in private to the extent practicable, and with or without the consent of his or her guardian or agent under an activated power of attorney for health care, if any.

AB539,23,7 4. An interview with the guardian or agent under an activated power of attorney for health care, if any, and with any person who takes care caregiver of the elder person adult at risk.

AB539,23,9 5. A review of the treatment and patient health care records of the elder adult at risk.

AB539, s. 50 Section 50. 46.90 (5) (b) 6. of the statutes is created to read:

AB539,23,15 46.90 (5) (b) 6. A review of any financial records of the elder adult at risk that are maintained by a financial institution, as defined in s. 705.01 (3); by an entity, as defined in s. 50.065; by any caregiver of the elder adult at risk; or by a member of the immediate family of the elder adult at risk or caregiver. The records shall be released without informed consent in either of the following circumstances:

AB539,23,20 a. To an elder-adult-at-risk agency or other investigative agency under this section. The financial record holder may release financial record information by initiating contact with the elder-adult-at-risk agency or other investigative agency without first receiving a request for release of the information from the elder-adult-at-risk agency or other investigative agency.

AB539,23,21 b. Under a lawful order of a court of record.

AB539, s. 51 Section 51. 46.90 (5) (br) of the statutes is created to read:

AB539,23,25 46.90 (5) (br) The elder-adult-at-risk agency or other investigative agency may transport the elder adult at risk for performance of a medical examination by a physician if any of the following applies:

AB539,24,2 1. The elder adult at risk or his or her guardian or agent under an activated power of attorney for health care, if any, consents to the examination.

AB539,24,4 2. The elder adult at risk is incapable of consenting to the examination and one of the following applies:

AB539,24,6 a. The elder adult at risk has no guardian or agent under an activated power of attorney for health care.

AB539,24,9 b. The elder adult at risk has a guardian or an agent under an activated power of attorney for health care, but that guardian or agent is the person suspected of abusing, neglecting, or financially exploiting the elder adult at risk.

AB539,24,10 c. The examination is authorized by order of a court.

AB539, s. 52 Section 52. 46.90 (5) (c) of the statutes is amended to read:

AB539,24,18 46.90 (5) (c) If an investigator so requests, The elder-adult-at-risk agency may request a sheriff or police officer shall to accompany the elder-adult-at-risk agency investigator or worker during visits to the elder person's residence and shall provide of the elder adult at risk or request other assistance as needed. If the request is made, a sheriff or police officer shall accompany the elder-adult-at-risk agency investigator or worker to the residence of the elder adult at risk and shall provide other assistance as requested or necessary.

AB539, s. 53 Section 53. 46.90 (5) (d) 1. of the statutes is renumbered 46.90 (5) (d) and amended to read:

AB539,24,25 46.90 (5) (d) If any a person except the elder person in question interferes with the response or investigation under this subsection or interferes with the delivery of protective services under ch. 55 to the elder adult at risk, the elder-adult-at-risk agency investigator or worker may apply for an order under ch. 813 s. 813.123 prohibiting the interference.

AB539, s. 54 Section 54. 46.90 (5) (d) 2. of the statutes is repealed.

AB539, s. 55 Section 55. 46.90 (5) (f) of the statutes is amended to read:

AB539,25,9 46.90 (5) (f) If the investigator elder-adult-at-risk agency worker or investigator or other agency investigator has reason to believe that substantial physical harm, irreparable injury, or death may occur to an elder person adult at risk, the worker or investigator shall immediately notify the protective services agency designated under s. 55.02 request immediate assistance in either initiating a protective services action under ch. 55 or contact law enforcement or another public agency, as appropriate.

AB539, s. 56 Section 56. 46.90 (5) (g) of the statutes is repealed.

AB539, s. 57 Section 57. 46.90 (5) (h) of the statutes is created to read:

AB539,25,16 46.90 (5) (h) No person may be held civilly or criminally liable or be found guilty of unprofessional conduct for responding to a report or for participating in or conducting an investigation under this subsection, including the taking of photographs or the conducting of a medical examination, if the response or investigation was performed in good faith and within the scope of his or her authority.

AB539, s. 58 Section 58. 46.90 (5m) (title) and (a) of the statutes are amended to read:

AB539,26,6 46.90 (5m) (title) Provision Offer of services and referral of cases. (a) After the investigation is completed Upon responding to a report, the county elder-adult-at-risk agency or the investigating investigative agency shall determine if whether the elder person adult at risk or any other individual involved in the alleged abuse, material abuse financial exploitation, neglect, or self-neglect is in need of services under this chapter or ch. 47, 49, 51 or, 55 or 880. From the appropriation under s. 20.435 (7) (dh), the department shall allocate to selected counties not less than $25,000 in each fiscal year, and within the limits of these funds and of available state and federal funds and of county funds appropriated to match the state and federal funds, the county elder-adult-at-risk agency shall provide the necessary direct services to the elder person adult at risk or other individual or arrange for the provision of the direct services with other agencies or individuals. Those direct services provided shall be rendered under the least restrictive conditions necessary to achieve their objective.

AB539, s. 59 Section 59. 46.90 (5m) (b) of the statutes is amended to read:

AB539,26,12 46.90 (5m) (b) If the county agency designated under sub. (2) elder-adult-at-risk agency is not the aging unit, the county elder-adult-at-risk agency in each county shall consult with and accept advice from the aging unit with respect to the distribution of the funds for direct services that are allocated under par. (a).

AB539, s. 60 Section 60. 46.90 (5m) (br) of the statutes is created to read:

AB539,26,17 46.90 (5m) (br) If, after responding to a report, the elder-adult-at-risk agency has reason to believe that the elder adult at risk has been the subject of abuse, financial exploitation, neglect, or self-neglect, the elder-adult-at-risk agency may do any of the following:

AB539,26,19 1. Request immediate assistance in initiating a protective services action under ch. 55 or contact an investigative agency, as appropriate.

AB539,26,23 2. Take appropriate emergency action, including emergency protective placement under s. 55.06, if the elder-adult-at-risk agency determines that the emergency action is in the best interests of the elder adult at risk and the emergency action is the least restrictive appropriate intervention.

AB539,27,3 3. Refer the case to law enforcement officials, as specified in sub. (3) (a), for further investigation or to the district attorney, if the elder-adult-at-risk agency has reason to believe that a crime has been committed.

AB539,27,7 4. Refer the case to the licensing, permitting, registration, or certification authorities of the department or to other regulatory bodies if the residence, facility, or program for the elder adult at risk is or should be licensed, permitted, registered, or certified or is otherwise regulated.

AB539,27,10 5. Refer the case to the department of regulation and licensing if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.

AB539,27,15 6. Bring a petition for a guardianship and protective services or protective placement under ch. 55 or a review of an existing guardianship if necessary to prevent financial exploitation, neglect, self-neglect, or abuse and if the elder adult at risk would otherwise be at risk of serious harm because of an inability to arrange for necessary food, clothing, shelter, or services.

AB539, s. 61 Section 61. 46.90 (5m) (c) of the statutes is amended to read:

AB539,27,20 46.90 (5m) (c) An elder person adult at risk may refuse to accept services unless a guardian authorizes the services. The county elder-adult-at-risk agency or other provider agency shall notify the elder person adult at risk of this right to refuse before providing services.

AB539, s. 62 Section 62. 46.90 (6) (a) of the statutes is renumbered 46.90 (6) (am) and amended to read:

AB539,28,8 46.90 (6) (am) The county elder-adult-at-risk agency or other investigating agency shall prepare a departmental report on each investigation it conducts unless the agency finds, at the conclusion of the investigation, that the report of alleged abuse, material abuse, neglect or self-neglect is without foundation form of its response under sub. (5) to a report of suspected abuse, financial exploitation, neglect, or self-neglect. If an agency other than the county agency conducts the investigation, it the elder-adult-at-risk agency refers the report to an investigative agency, the investigative agency shall submit a copy of the investigation report to the county agency advise the elder-adult-at-risk agency in writing of its response to the report. The elder-adult-at-risk agency shall maintain records of suspected abuse, financial exploitation, neglect, or self-neglect.

AB539, s. 63 Section 63. 46.90 (6) (ac) of the statutes is created to read:

AB539,28,10 46.90 (6) (ac) In this subsection:

AB539,28,13 1. "Departmental report form" includes documentation of an elder-adult-at-risk agency's response to or investigation of a report made under sub. (5) and is the information required to be submitted to the department.

AB539,28,15 2. "Record" includes any document relating to the response, investigation, assessment, and disposition of a report made under this section.

AB539, s. 64 Section 64. 46.90 (6) (b) (intro.) of the statutes is amended to read:

AB539,28,21 46.90 (6) (b) (intro.) Reports of suspected abuse, material abuse, neglect or self-neglect and investigation reports under this section Departmental report forms are confidential and may not be released by the county elder-adult-at-risk agency or other investigating investigative agency, except under the following circumstances they may be released:

AB539, s. 65 Section 65. 46.90 (6) (b) 1. of the statutes is amended to read:

AB539,29,4 46.90 (6) (b) 1. To the elder person and adult at risk, any person named in a departmental report form who is suspected of abusing or, neglecting, or financially exploiting an elder person adult at risk, and the suspect's attorney. These persons may inspect the departmental report on the investigation form, except that information identifying the person who initially reported the suspected abuse, material abuse financial exploitation, neglect, or self-neglect, or any other person whose safety might be endangered through disclosure, may not be released.

AB539, s. 66 Section 66. 46.90 (6) (b) 2. of the statutes is amended to read:

AB539,29,8 46.90 (6) (b) 2. To the protective services agency notified or other entity from which assistance is requested under sub. (5) (f). Information obtained under this subdivision shall remain confidential.

AB539, s. 67 Section 67. 46.90 (6) (b) 3. of the statutes is amended to read:

AB539,29,14 46.90 (6) (b) 3. To an individual, organization, or agency designated by the department or as required by law for the purposes of management audits or program monitoring and evaluation. Information obtained under this subdivision shall remain confidential and shall may not be used in any way that discloses the names of or other identifying information about the individuals involved.

AB539, s. 68 Section 68. 46.90 (6) (b) 4. of the statutes is amended to read:

AB539,29,25 46.90 (6) (b) 4. For purposes of research, if the research project has been approved by the department or the county elder-adult-at-risk agency and the researcher has provided assurances that the information will be used only for the purposes for which it was provided to the researcher, the information will not be released to a person not connected with the study under consideration, and the final product of the research will not reveal information that may serve to identify the individuals involved. Such The information shall remain confidential. In approving research projects the use of information under this subdivision, the department shall impose any additional safeguards needed to prevent unwarranted disclosure of information.

AB539, s. 69 Section 69. 46.90 (6) (b) 5. of the statutes is amended to read:

AB539,30,2 46.90 (6) (b) 5. Pursuant to Under a lawful order of a court of record.

AB539, s. 70 Section 70. 46.90 (6) (b) 6. of the statutes is amended to read:

AB539,30,9 46.90 (6) (b) 6. To any agency or individual that provides direct services under sub. (5m), including an attending physician for purposes of diagnosis and treatment, and within the department to coordinate treatment for mental illness, developmental disabilities, alcoholism, or drug abuse of individuals committed to or under the supervision of the department. Information obtained under this subdivision shall remain confidential.

AB539, s. 71 Section 71. 46.90 (6) (b) 7. of the statutes is amended to read:

AB539,30,17 46.90 (6) (b) 7. To the guardian of the elder person adult at risk or the guardian of any person named in a report who is suspected of abusing or, neglecting, or financially exploiting an elder person adult at risk. These persons may inspect the departmental report on the investigation form, except that information identifying the person who initially reported the suspected abuse, material abuse financial exploitation, neglect, or self-neglect, or any other person whose safety might be endangered through disclosure, may not be released.

AB539, s. 72 Section 72. 46.90 (6) (b) 9. and 10. of the statutes are created to read:

AB539,30,22 46.90 (6) (b) 9. To a federal agency, state governmental agency, agency of any other state, or local governmental unit in this state or any other state that has a need for a departmental report form in order to carry out its responsibility to protect elder adults at risk from abuse, financial exploitation, neglect, or self-neglect.

AB539,30,25 10. To the reporter who made a report in his or her professional capacity, regarding action to be taken to protect or provide services to the alleged victim of abuse, financial exploitation, neglect, or self-neglect.

AB539, s. 73 Section 73. 46.90 (6) (bd) of the statutes is created to read:

AB539,31,5 46.90 (6) (bd) If a person requesting a departmental report form is not one of the persons or entities specified in par. (b), the elder-adult-at-risk agency may release information indicating only whether or not a report was received and whether or not statutory responsibility was fulfilled.

AB539, s. 74 Section 74. 46.90 (6) (br) of the statutes is created to read: