50.05(16)
(16) Obligations of owners. Nothing in this section shall be deemed to relieve any owner, operator or controlling person of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the owner, operator or controlling person prior to the appointment of a receiver under this section, nor shall anything contained in this section be construed to suspend during the receivership any obligation of the owner, operator or controlling person for payment of taxes or other operating and maintenance expenses of the facility nor of the owner, operator or controlling person or any other person for the payment of mortgages or liens. No owner may be held professionally liable for acts or omissions of the receiver or the receiver's employes during the term of the receivership.
50.053
50.053
Informal conference. The department may hold an informal conference with the parties to any contested action under this subchapter to resolve any or all issues prior to formal hearing. Unless any party to the contested case objects, the department may delay the commencement of the formal hearing in order to hold the informal conference.
50.053 History
History: 1977 c. 170.
50.06
50.06
Certain admissions to facilities. 50.06(1)
(1) In this section, "incapacitated" means unable to receive and evaluate information effectively or to communicate decisions to such an extent that the individual lacks the capacity to manage his or her health care decisions, including decisions about his or her post-hospital care.
50.06(2)
(2) An individual under
sub. (3) may consent to admission, directly from a hospital to a facility, of an incapacitated individual who does not have a valid power of attorney for health care and who has not been adjudicated incompetent under
ch. 880, if all of the following apply:
50.06(2)(a)
(a) No person who is listed under
sub. (3) in the same order of priority as, or higher in priority than, the individual who is consenting to the proposed admission disagrees with the proposed admission.
50.06(2)(am)1.1. Except as provided in
subd. 2., no person who is listed under
sub. (3) and who resides with the incapacitated individual disagrees with the proposed admission.
50.06(2)(am)2.
2. Subdivision 1. does not apply if any of the following applies:
50.06(2)(am)2.a.
a. The individual who is consenting to the proposed admission resides with the incapacitated individual.
50.06(2)(am)2.b.
b. The individual who is consenting to the proposed admission is the spouse of the incapacitated person.
50.06(2)(b)
(b) The individual for whom admission is sought is not diagnosed as developmentally disabled or as having a mental illness at the time of the proposed admission.
50.06(2)(c)
(c) A petition for guardianship for the individual under
s. 880.07 and a petition for protective placement of the individual under
s. 55.06 (2) are filed prior to the proposed admission.
50.06(3)
(3) The following individuals, in the following order of priority, may consent to an admission under
sub. (2):
50.06(3)(a)
(a) The spouse of the incapacitated individual.
50.06(3)(b)
(b) An adult son or daughter of the incapacitated individual.
50.06(3)(c)
(c) A parent of the incapacitated individual.
50.06(3)(d)
(d) An adult brother or sister of the incapacitated individual.
50.06(3)(e)
(e) A grandparent of the incapacitated individual.
50.06(3)(f)
(f) An adult grandchild of the incapacitated individual.
50.06(3)(g)
(g) An adult close friend of the incapacitated individual.
50.06(4)
(4) A determination that an individual is incapacitated for purposes of
sub. (2) shall be made by 2 physicians, as defined in
s. 448.01 (5), or by one physician and one licensed psychologist, as defined in
s. 455.01 (4), who personally examine the individual and sign a statement specifying that the individual is incapacitated. Mere old age, eccentricity or physical disability, either singly or together, are insufficient to make a finding that an individual is incapacitated. Neither of the individuals who make a finding that an individual is incapacitated may be a relative, as defined in
s. 242.01 (11), of the individual or have knowledge that he or she is entitled to or has a claim on any portion of the individual's estate. A copy of the statement shall be included in the individual's records in the facility to which he or she is admitted.
50.06(5)(a)(a) Except as provided in
par. (b), an individual who consents to an admission under this section may, for the incapacitated individual, make health care decisions to the same extent as a guardian of the person may and authorize expenditures related to health care to the same extent as a guardian of the estate may, until the earliest of the following:
50.06(5)(a)1.
1. Sixty days after the admission to the facility of the incapacitated individual.
50.06(5)(a)2.
2. Discharge of the incapacitated individual from the facility.
50.06(5)(a)3.
3. Appointment of a guardian for the incapacitated individual.
50.06(5)(b)
(b) An individual who consents to an admission under this section may not authorize expenditures related to health care if the incapacitated individual has an agent under a durable power of attorney, as defined in
s. 243.07 (1) (a), who may authorize expenditures related to health care.
50.06(6)
(6) If the incapacitated individual is in the facility after 60 days after admission and a guardian has not been appointed, the authority of the person who consented to the admission to make decisions and, if
sub. (5) (a) applies, to authorize expenditures is extended for 30 days for the purpose of allowing the facility to initiate discharge planning for the incapacitated individual.
50.06(7)
(7) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under
s. 46.27 (6).
50.06 History
History: 1993 a. 187.
50.065
50.065
Criminal history and patient abuse record search. 50.065(1)(am)
(am) "Certificate of approval" means a certificate of approval issued under
s. 50.35.
50.065(1)(b)
(b) "Client" means a person who receives direct care or treatment services from an entity.
50.065(1)(c)
(c) "Entity" means a facility, organization or service that is licensed or certified by or registered with the department to provide direct care or treatment services to clients. "Entity" includes a hospital, a personal care worker agency and a supportive home care service agency. "Entity" does not include any of the following:
50.065(1)(c)3.
3. A person certified as a medical assistance provider, as defined in
s. 49.43 (10), who is not otherwise approved under
s. 50.065 (1) (cm), licensed or certified by or registered with the department.
50.065(1)(d)
(d) "Personal care worker agency" has the meaning specified by the department by rule.
50.065(1)(e)
(e) "Serious crime" has the meaning specified by the department by rule under
sub. (7) (a).
50.065(1)(f)
(f) "Supportive home care service agency" has the meaning specified by the department by rule.
50.065(2)(a)(a) Notwithstanding
s. 111.335, and except as provided in
sub. (5), the department may not license, certify, issue a certificate of approval to or register a person to operate an entity or continue the license, certification, certificate of approval or registration of a person to operate an entity if the department knows or should have known any of the following:
50.065(2)(a)1.
1. That the person has been convicted of a serious crime.
50.065(2)(a)2.
2. That the person has pending against him or her a charge for a serious crime.
50.065(2)(a)3.
3. That a unit of government or a state agency, as defined in
s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
50.065(2)(a)5.
5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.
50.065(2)(ag)
(ag) Notwithstanding
s. 111.335, and except as provided in
sub. (5), an entity may not hire or contract with a person who will be under the entity's control, as defined by the department by rule, and who is expected to have access to its clients, or permit to reside at the entity a person who is not a client and who is expected to have access to a client, if the entity knows or should have known any of the following:
Effective date note
NOTE: Par. (ag) (intro.) is amended eff. 10-1-99 by
1997 Wis. Act 27 to read:
Effective date text
(ag) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not employ or contract with a person who will be under the entity's control, as defined by the department by rule, and who has, or is expected to have, access to its clients, or permit to reside at the entity a person who is not a client and who has, or is expected to have, access to a client, if the entity knows or should have known any of the following:
50.065(2)(ag)2.
2. That the person has pending against him or her a charge for a serious crime.
50.065(2)(ag)3.
3. That a unit of government or a state agency, as defined in
s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.
50.065(2)(ag)5.
5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.
50.065(2)(am)
(am) Subject to
subd. 5. and
par. (bd), the department shall obtain all of the following with respect to a person specified under
par. (a) (intro.) and a person specified under
par. (ag) (intro.) who is a nonclient resident or prospective nonclient resident of an entity:
50.065(2)(am)1.
1. A criminal history search from the records maintained by the department of justice.
50.065(2)(am)3.
3. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
50.065(2)(am)4.
4. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
50.065(2)(am)5.
5. Information maintained by the department under this section regarding any denial to the person of a license, certification, certificate of approval or registration or of a continuation of a license, certification, certificate of approval or registration to operate an entity for a reason specified in
par. (a) 1. to
5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in
par. (ag) 1. to
5. If the information obtained under this subdivision indicates that the person has been denied a license, certification, certificate of approval or registration, continuation of a license, certification, certificate of approval or registration, a contract, employment or permission to reside as described in this subdivision, the department need not obtain the information specified in
subds. 1. to
4.
50.065(2)(b)1.1. Subject to
subds. 1. e. and
2. and
par. (bd), every entity shall obtain all of the following with respect to a person specified under
par. (ag) (intro.) who is an employe or contractor or a prospective employe or contractor of the entity:
50.065(2)(b)1.a.
a. A criminal history search from the records maintained by the department of justice.
50.065(2)(b)1.c.
c. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
50.065(2)(b)1.d.
d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
50.065(2)(b)1.e.
e. Information maintained by the department under this section regarding any denial to the person of a license, certification, certificate of approval or registration or of a continuation of a license, certification, certificate of approval or registration to operate an entity for a reason specified in
par. (a) 1. to
5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in
par. (ag) 1. to
5. If the information obtained under this
subd. 1. e. indicates that the person has been denied a license, certification, certificate of approval or registration, continuation of a license, certification, certificate of approval or registration, a contract, employment or permission to reside as described in this
subd. 1. e., the entity need not obtain the information specified in
subd. 1. a. to
d.
50.065(2)(b)2.
2. Subdivision 1. does not apply with respect to a person with whom the entity contracts or whom the entity employs to provide infrequent or sporadic services, including maintenance services and other services that are not directly related to the care of a client.
50.065(2)(bd)
(bd) Notwithstanding
pars. (am) and
(b) 1., the department is not required to obtain the information specified in
par. (am) 1. to
5., and an entity is not required to obtain the information specified in
par. (b) 1. a. to
e., with respect to a person under 18 years of age whose background information form under
sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in
par. (ag) 1. to
5. and with respect to whom the department or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department from obtaining, at its discretion, the information specified in
par. (am) 1. to
5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
50.065(2)(bg)
(bg) If an entity takes an action specified in
par. (ag) (intro.) with respect to an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under
par. (b) 1. a. to
c. and
e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under
par. (b) 1. a. to
c. and
e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under
par. (b) 1. a. to
c. and
e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in
par. (b) 1. a. to c and
e. 50.065(2)(bm)
(bm) If the person who is the subject of the search under
par. (am) or
(b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department or entity shall make a good faith effort to obtain from any state in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in
par. (am) 1. or
(b) 1. a.
50.065(2)(c)
(c) If the background information form completed by a person under
sub. (6) (am) indicates that the person is not ineligible to be employed or contracted with for a reason specified in
par. (ag) 1. to
5., an entity may employ or contract with the person for not more than 60 days pending the receipt of the information sought under
par. (b) 1. If the background information form completed by a person under
sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in
par. (ag) 1. to
5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under
par. (am). An entity shall provide supervision for a person who is employed or contracted with or permitted to reside as permitted under this paragraph.
50.065(3)(a)(a) Every 4 years or at any time within that period that the department considers appropriate, the department shall request the information specified in
sub. (2) (am) 1. to
4. for all persons who are licensed to operate an entity and for all persons specified in
par. (ag) (intro.) [
sub. (2) (ag) (intro.)] who are nonclient residents of an entity.
50.065 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
50.065(3)(b)
(b) Every 4 years or at any other time within that period that an entity considers appropriate, the entity shall request the information specified in
sub. (2) (b) 1. a. to
d. for all persons specified in
sub. (2) (ag) (intro.) who are employes or contractors of the entity.
50.065(3m)
(3m) Notwithstanding
subs. (2) (b) 1. and
(3) (b), if the department obtains the information required under
sub. (2) (am) or
(3) (a) with respect to a person specified in
sub. (2) (a) (intro.) and that person is also an employe, contractor or nonclient resident of the entity, the entity is not required to obtain the information specified in
sub. (2) (b) 1. or
(3) (b) with respect to that person.
50.065(4)
(4) An entity that violates
sub. (2) or
(3) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.
50.065(5)
(5) The department may license, certify, issue a certificate of approval to or register to operate an entity a person who otherwise may not be licensed, certified, issued a certificate of approval or registered for a reason specified in
sub. (2) (a) 1. to
5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in
sub. (2) (ag) 1. to
5., if the person demonstrates to the department by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:
