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.
46.90(5)(g)
(g) An elder person may refuse to allow an investigation under this subsection. The investigator shall notify the elder person of this right to refuse before or at the point of commencing an investigation.
46.90(5m)(a)(a) After the investigation is completed, the county agency or the investigating agency shall determine if the elder person or any other individual involved in the alleged abuse, material abuse, neglect or self-neglect is in need of services under this chapter or
ch. 47,
49,
51 or
55.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 agency shall provide the necessary direct services to the elder person 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.
46.90(5m)(b)
(b) If the county agency designated under
sub. (2) is not the aging unit, the county 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).
46.90(5m)(c)
(c) An elder person may refuse to accept services unless a guardian authorizes the services. The county agency or other provider agency shall notify the elder person of this right to refuse before providing services.
46.90(6)(a)(a) The county agency or other investigating agency shall prepare a 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. If an agency other than the county agency conducts the investigation, it shall submit a copy of the investigation report to the county agency.
46.90(6)(b)
(b) Reports of suspected abuse, material abuse, neglect or self-neglect and investigation reports under this section are confidential and may not be released by the county agency or other investigating agency, except under the following circumstances they may be released:
46.90(6)(b)1.
1. To the elder person and any person named in a report who is suspected of abusing or neglecting an elder person. These persons may inspect the report on the investigation, except that information identifying the person who initially reported the suspected abuse, material abuse, neglect or self-neglect may not be released.
46.90(6)(b)2.
2. To the protective services agency notified under
sub. (5) (f). Information obtained under this subdivision shall remain confidential.
46.90(6)(b)3.
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 not be used in any way that discloses the names or other identifying information about the individuals involved.
46.90(6)(b)4.
4. For purposes of research if the research project has been approved by the department or the county 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 information shall remain confidential. In approving research projects under this subdivision, the department shall impose any additional safeguards needed to prevent unwarranted disclosure of information.
46.90(6)(b)6.
6. To any agency or individual that provides direct services under
sub. (5m). Information obtained under this subdivision shall remain confidential.
46.90(6)(b)7.
7. To the guardian of the elder person or the guardian of any person named in a report who is suspected of abusing or neglecting an elder person. These persons may inspect the report on the investigation, except that information identifying the person who initially reported the suspected abuse, material abuse, neglect or self-neglect may not be released.
46.90(6)(b)8.
8. To law enforcement officials in accordance with the policy developed under
sub. (3) (a).
46.90(6)(c)1.1. Any person, including the state or any political subdivision of the state, violating this subsection shall be liable to any person damaged as a result of the violation for such damages as may be proved, together with exemplary damages of not less than $100 nor more than $500 for each violation and such costs and reasonable actual attorney fees as may be incurred by the person damaged. A custodian of records incurs no liability under this subdivision for the release of records in accordance with this subsection while acting in good faith.
46.90(6)(c)2.
2. In any action brought under
subd. 1. in which the court determines that the violator acted in a manner that was knowing and wilful, the violator shall be liable for such damages as may be proved together with exemplary damages of not less than $500 nor more than $1,000 for each violation, together with costs and reasonable actual attorney fees as may be incurred. It is not a prerequisite to an action under this paragraph that the plaintiff suffer or be threatened with actual damages.
46.90(6)(c)3.
3. An individual may bring an action to enjoin any violation of this subsection or to compel compliance with this subsection, and may in the same action seek damages as provided in this paragraph. The individual may recover costs and reasonable actual attorney fees as may be incurred in the action, if he or she prevails.
46.90(6)(d)
(d) Any person who requests or obtains confidential information under this subsection under false pretenses may be fined not more than $500 or imprisoned not more than one year in the county jail or both.
46.90(6)(e)
(e) Any employe who violates this subsection may be subject to discharge or suspension without pay.
46.90(7)
(7) Exception. Nothing in this section shall be construed to mean that a person is abused, neglected or in need of direct or protective services solely because he or she consistently relies upon treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.
46.90(8)(a)(a) The department shall develop a plan to assist county agencies in determining appropriate responses to reports of abuse, material abuse, neglect or self-neglect.
46.90(8)(b)
(b) The department shall prepare and distribute sample report forms for use by county agencies.
46.90(8)(c)
(c) The department shall collect statistical information from each county pertaining to each reported case of abuse, material abuse, neglect or self-neglect. The department may require investigators to submit statements to the department that summarize the information being reported. These summary statements may not name or otherwise identify individual persons. The department shall use this information to review the effectiveness of this section, to plan program changes and to formulate reports.
46.90(8)(d)
(d) The department shall develop and disseminate information on elder abuse and the elder abuse reporting system under this section. The department shall also develop informational materials to be used by county agencies regarding elder abuse and the elder abuse reporting system. The department shall solicit contributions of labor, materials and expertise from private sources to assist in developing the informational materials.
