46.86 Note
NOTE: The correct term is shown in brackets. Corrective legislation is pending.
46.86(2m)(b)
(b) From the appropriation under
s. 20.435 (7) (md), the department shall distribute not more than $79,500 in each fiscal year for residential long-term treatment for alcohol and other drug abuse, including treatment with respect to family relationships, antisocial behavior and employability, in a treatment facility, as defined in
s. 51.01 (19), in a 1st class city.
46.86(3m)
(3m) From the appropriation under
s. 20.435 (7) (md), the department may not distribute more than $900,000 in each fiscal year to fund a multidisciplinary prevention and treatment team in Milwaukee county for cocaine-abusing women and their children. The multidisciplinary prevention and treatment team must coordinate its activities with other prevention and treatment programs in Milwaukee county for cocaine-abusing women and their children. Residents from other counties may be served by the multidisciplinary prevention and treatment team. The department may carry forward funds distributed under this subsection, but not encumbered by December 31, for distribution for the purpose under this subsection in the following calendar year.
46.86(5)
(5) From the appropriation under
s. 20.435 (7) (md), the department may not distribute more than $35,000 in each fiscal year as a grant to the ARC community services center for women and children in Dane county, to address a projected operation deficit of the center; to provide additional funding for transportation and meal expenses for chemically dependent women who receive services from the center; and to provide additional funding for staff of the center.
46.87
46.87
Alzheimer's family and caregiver support program. 46.87(1)(a)
(a) "Alzheimer's disease" means a degenerative disease of the central nervous system characterized especially by premature senile mental deterioration, and also includes any other irreversible deterioration of intellectual faculties with concomitant emotional disturbance resulting from organic brain disorder.
46.87(1)(b)
(b) "Caregiver" means any person other than a paid provider who provides care for a person with Alzheimer's disease.
46.87(2)
(2) From the appropriations under
s. 20.435 (7) (b),
(kw) and
(o), the department shall allocate funds to agencies designated under
sub. (3) (c), to be used for the administration and implementation of an Alzheimer's family and caregiver support program for persons with Alzheimer's disease and their caregivers.
46.87(3)(a)(a) A county board may apply to initially participate in the program created under this section by submitting to the department a one-time letter of intent to participate which includes a description of the program and services related to Alzheimer's disease which the county board intends to provide.
46.87(3)(b)
(b) The department shall select counties to participate in the program on the basis of criteria promulgated by rule.
46.87(3)(c)
(c) The county board for each county selected to participate shall designate one of the following as the administering agency for the program:
46.87(4)
(4) If a county board does not submit an application under
sub. (3) (a) by January 1, 1986, the department shall make that county's allocation available to a private nonprofit organization, as defined under
s. 108.02 (19), to administer the program created under this section and shall select the organization according to criteria promulgated by rule. An organization selected as the administering agency under this subsection shall continue to be eligible to receive the county's allocation unless the county board subsequently submits to the department a letter of intent to participate and receives approval of its proposed program.
46.87(5)
(5) The administering agency in each county may use the funds allocated to it to do any or all of the following:
46.87(5)(a)
(a) Provide or contract for the provision of services and goods or make payments for services to households that meet all of the following conditions:
46.87(5)(a)1.
1. At least one member of the household must be a person who has been diagnosed by a physician as having Alzheimer's disease.
46.87(5)(a)2.
2. Either the person with Alzheimer's disease or the person's caregiver resides in the county to which the household applies for participation in the program.
46.87(5)(a)3.
3. The household meets financial eligibility requirements specified by the department by rule.
46.87(5)(b)
(b) Provide or contract for the provision of services and goods or make payments for services to persons with Alzheimer's disease living in residential facilities in the county who meet financial eligibility requirements specified by the department by rule.
46.87(5)(bm)
(bm) Maintain a contract in effect on June 30, 1987, with a service provider under funds allocated under
sub. (2).
46.87(5)(c)
(c) Contract with service providers to develop new programs or expand services, under this section, as defined by the department by rule.
46.87(5)(e)
(e) Provide outreach or other activities designed to develop public awareness of Alzheimer's disease.
46.87(6)(a)(a) For the purpose of distributing funds allocated under this section to households or individuals participating in the program, the administering agency shall determine all of the following:
46.87(6)(a)1.
1. The services and goods needed by the household to enable it to maintain the person with Alzheimer's disease as a member of the household, or the services or goods needed by a person with Alzheimer's disease living in a residential facility, and the cost of each service or good that is needed.
46.87(6)(a)2.
2. The ability of the household or of the person to pay for the services and goods identified under
subd. 1., using as the basis for the determination the uniform fee schedule established by the department under
s. 46.03 (18).
46.87(6)(b)1.1. An administering agency may pay to or expend on behalf of a participating household or individual person the cost of any goods and services identified under
par. (a) 1., less any amount paid under
subd. 2., except that the amount paid or expended may not exceed $4,000 in any calendar year for each person with Alzheimer's disease in the household or for an individual person living in a residential facility.
46.87(6)(b)2.a.
a. Shall require that the household or person with Alzheimer's disease pay, if able as determined under
par. (a) 2., for services and goods provided under
sub. (5) (a),
(b) and
(bm) unless the contract is determined to be a contract under
sub. (5) (c).
46.87(6)(b)2.b.
b. May require that the household or person with Alzheimer's disease pay, if able as determined under
par. (a) 2., for services and goods provided under
sub. (5) (c).
46.87(7)
(7) The county board shall notify the department if any of the following occurs:
46.87(7)(a)
(a) The administering agency in the county is replaced by another.
46.87(7)(b)
(b) The county board intends to terminate participation in the program.
46.87(7)(c)
(c) The county's program and services related to Alzheimer's disease contain a substantial difference, as defined by rule, from the description of the county's program and services contained in the county board's letter of intent most recently submitted to the department under
sub. (3) (a).
46.87(8)
(8) The department shall collect and analyze information about persons with Alzheimer's disease who are served under this section and about caregivers.
46.90
46.90
Elder abuse reporting system. 46.90(1)
(1)
Definitions. In this section:
46.90(1)(a)
(a) "Abuse" means the wilful infliction on an elder person of physical pain or injury or unreasonable confinement.
46.90(1)(ar)
(ar) "Case management" means an assessment of need for direct services, development of a direct service plan and coordination and monitoring of the provision of direct services.
46.90(1)(b)
(b) "County agency" means the agency in each county designated under
sub. (2).
46.90(1)(bm)
(bm) "Direct services" includes temporary shelter, relocation assistance, housing, respite care, emergency funds for food and clothing and legal assistance.
46.90(1)(c)
(c) "Elder person" means a person who is age 60 or older or who is subject to the infirmities of aging.
46.90(1)(e)
(e) "Material abuse" means the misuse of an elder person's property or financial resources.
46.90(1)(f)
(f) "Neglect" means a significant danger to an elder person's physical or mental health because the person who takes care of the elder person is unable or fails to provide adequate food, shelter, clothing or medical or dental care.
46.90(1)(g)
(g) "Self-neglect" means a significant danger to an elder person's physical or mental health because the elder person is responsible for his or her own care but is unable to provide adequate food, shelter, clothing or medical or dental care.
46.90(2)
(2) County agency designation. Each county board shall designate an agency in the county as the county agency for the purposes of this section.
46.90(3)(a)(a) Each county agency shall develop a policy for notifying law enforcement officials in appropriate cases and shall establish an elder abuse reporting system to carry out the purposes of this section. Each county agency shall enter into a memorandum of understanding regarding the operation of the system with the county department under
s. 46.215 or
46.22 and with any private or public agency, including a county department under
s. 51.42 or
51.437, within the county that is participating in the elder abuse reporting system. The memorandum of understanding shall, at a minimum, identify the agencies that are responsible for the investigation of reports of abuse, material abuse, neglect or self-neglect and for the provision of specific direct services.
46.90(3)(b)
(b) Each county agency shall receive reports of abuse, material abuse, neglect or self-neglect of elder persons.
46.90(3)(c)
(c) Each county agency shall publicize the existence of an elder abuse reporting system in the county and shall provide a publicized telephone number which can be used by persons wishing to report suspected cases of abuse, material abuse, neglect or self-neglect.
46.90(4)(a)1.1. Any person may report to the county agency or to any state official, including any representative of the office of the long-term care ombudsman under
s. 16.009 (4), that he or she believes that abuse, material abuse or neglect has occurred if the person is aware of facts or circumstances that would lead a reasonable person to believe or suspect that abuse, material abuse or neglect has occurred. The person shall indicate the facts and circumstances of the situation as part of the report.
46.90(4)(a)2.
2. Any person who believes that self-neglect has occurred may report that belief and the facts and circumstances contributing to the belief to the county agency or to any state official, including any representative of the office of the long-term care ombudsman under
s. 16.009 (4).
46.90(4)(b)1.a.a. No person may discharge or otherwise retaliate or discriminate against any person for reporting in good faith under this subsection.
46.90(4)(b)1.b.
b. No person may discharge or otherwise retaliate or discriminate against any person on whose behalf another person has reported in good faith under this subsection.
46.90(4)(b)1.c.
c. Any person who violates this subdivision may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
46.90(4)(b)2.a.a. Any employe of a state agency who is discharged or otherwise discriminated against may file a complaint with the personnel commission under
s. 230.45 (1) (j). In this
subd. 2. a., "agency" has the meaning provided under
s. 111.32 (6) (a).
46.90(4)(b)2.b.
b. Any employe of an employer not described in
subd. 2. a. who is discharged or otherwise discriminated against may file a complaint with the department of workforce development under
s. 106.06 (5).
46.90(4)(b)2.c.
c. Any person not described in this
subd. 2. a. or
b. who is retaliated or discriminated against in violation of
subd. 1. may commence an action in circuit court for damages incurred as a result of the violation.
46.90(4)(c)
(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.
46.90(4)(d)
(d) If a report under
par. (a) is made to a state official, the state official shall refer the report to the appropriate county agency.
46.90(5)(a)(a) Except as otherwise provided, upon receiving a report of abuse, material abuse, neglect or self-neglect, the county agency shall either investigate the report or refer the report to another agency for investigation. Upon receiving a report of abuse, material abuse, 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 employe of the home health agency, the county 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 of a report of abuse, neglect or self-neglect 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.
46.90(5)(b)
(b) The scope of the investigation is at the discretion of the investigating agency and may include the following:
46.90(5)(b)3.
3. An interview with the elder person. To the extent practicable, this interview shall be private.
46.90(5)(b)4.
4. An interview with any person who takes care of the elder person.
46.90(5)(c)
(c) If an investigator so requests, a sheriff or police officer shall accompany the investigator during visits to the elder person's residence and shall provide other assistance as needed.
46.90(5)(d)1.1. If any person except the elder person in question interferes with the investigation, the investigator may apply for an order under
ch. 813 prohibiting the interference.
46.90(5)(d)2.
2. The court shall grant the order upon a showing that there is reasonable cause to believe that abuse, material abuse, neglect or self-neglect has occurred and that the interference complained of, if continued, would make it difficult to determine whether abuse, material abuse, neglect or self-neglect has occurred, is occurring or may recur.
46.90(5)(f)
(f) If the investigator has reason to believe that substantial physical harm, irreparable injury or death may occur to an elder person, the investigator shall immediately notify the protective services agency designated under
s. 55.02.
