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) or, if the secretary has certified under
s. 46.281 (3) that a resource center is available for the individual, a functional and financial screen to determine eligibility for the family care benefit under
s. 46.286 (1). If admission is sought on behalf of the incapacitated individual or if the incapacitated individual is about to be admitted on a private pay basis, the individual who consents to the admission may waive the requirement for a financial screen under
s. 46.283 (4) (g), unless the incapacitated individual is expected to become eligible for medical assistance within 6 months.
50.06 History
History: 1993 a. 187;
1999 a. 9.
50.065
50.065
Criminal history and patient abuse record search. 50.065(1)(ag)1.a.
a. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of an entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.
50.065(1)(ag)1.b.
b. A person who has, or is seeking, a license, certification, registration, or certificate of approval issued or granted by the department to operate an entity.
50.065(1)(ag)1.c.
c. A person who is, or is expected to be, an employee of the board on aging and long-term care and who has, or is expected to have, regular, direct contact with clients.
50.065(1)(ag)2.
2. "Caregiver" does not include a person who is certified as an emergency medical technician under
s. 146.50 if the person is employed, or seeking employment, as an emergency medical technician and does not include a person who is certified as a first responder under
s. 146.50 if the person is employed, or seeking employment, as a first responder.
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)(bm)
(bm) "Contractor" means, with respect to an entity, a person, or that person's agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity.
50.065(1)(br)
(br) "Direct contact" means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.
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, a supportive home care service agency, a temporary employment agency that provides caregivers to another entity and the board on aging and long-term care. "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)(cn)
(cn) "Nonclient resident" means a person who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, regular, direct contact with clients of the entity.
50.065(1)(d)
(d) "Personal care worker agency" has the meaning specified by the department by rule.
50.065(1)(dm)
(dm) "Reservation" means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.
50.065(1)(e)1.1. "Serious crime" means a violation of
s. 940.01,
940.02,
940.03,
940.05,
940.12,
940.19 (2),
(3),
(4),
(5) or
(6),
940.22 (2) or
(3),
940.225 (1),
(2) or
(3),
940.285 (2),
940.29,
940.295,
948.02 (1),
948.025 or
948.03 (2) (a), or a violation of the law of any other state or United States jurisdiction that would be a violation of
s. 940.01,
940.02,
940.03,
940.05,
940.12,
940.19 (2),
(3),
(4),
(5) or
(6),
940.22 (2) or
(3),
940.225 (1),
(2) or
(3),
940.285 (2),
940.29,
940.295,
948.02 (1),
948.025 or
948.03 (2) (a) if committed in this state.
50.065(1)(e)2.
2. For the purposes of an entity that serves persons under the age of 18, "serious crime" includes a violation of
s. 948.02 (2),
948.03 (2) (b) or
(c),
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 (2) (a) or
(am),
948.12,
948.13,
948.21 (1) or
948.30 or a violation of the law of any other state or United States jurisdiction that would be a violation of
s. 948.02 (2),
948.03 (2) (b) or
(c),
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 (2) (a) or
(am),
948.12,
948.13,
948.21 (1) or
948.30 if committed in this state.
50.065(1)(f)
(f) "Supportive home care service agency" has the meaning specified by the department by rule.
50.065(1)(g)
(g) "Tribe" means a federally recognized American Indian tribe or band in this state.
50.065(2)(am)(am) The department shall obtain all of the following with respect to a person specified under
sub. (1) (ag) 1. b. and a person 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
sub. (4m) (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
sub. (4m) (b) 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)
(b) Every entity shall obtain all of the following with respect to a caregiver of the entity:
50.065(2)(b)1.
1. A criminal history search from the records maintained by the department of justice.
50.065(2)(b)2.
2. Information that is contained in the registry under
s. 146.40 (4g) regarding any findings against the person.
50.065(2)(b)3.
3. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
50.065(2)(b)4.
4. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
50.065(2)(b)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
sub. (4m) (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
sub. (4m) (b) 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 entity need not obtain the information specified in
subds. 1. to
4.
50.065(2)(bb)
(bb) If information obtained under
par. (am) or
(b) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under
sub. (6) (a) or
(am) indicates a charge or a conviction of a serious crime, but information obtained under
par. (am) or
(b) does not indicate such a charge or conviction, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under
par. (am) or
(b), a background information form under
sub. (6) (a) or
(am) or any other information indicates a conviction of a violation of
s. 940.19 (1),
940.195,
940.20,
941.30,
942.08,
947.01 or
947.013 obtained not more than 5 years before the date on which that information was obtained, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
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. to
5., 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
sub. (4m) (b) 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 hires or contracts with a caregiver for whom, within the last 4 years, the information required under
par. (b) 1. to
3. and
5. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under
par. (b) 1. to
3. and
5. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in
par. (b) 1. to
3. and
5.
50.065(2)(bm)
(bm) If the person who is the subject of the search under
par. (am) or
(b)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, or if the department or entity determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation, the department or entity shall make a good faith effort to obtain from any state or other United States jurisdiction 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. The department or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
50.065(2)(d)
(d) Every entity shall maintain, or shall contract with another person to maintain, the most recent background information obtained on a caregiver under
par. (b). The information shall be made available for inspection by authorized persons, as defined by the department by rule.
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
5. for all persons who are licensed to operate an entity and for all persons who are nonclient residents of an entity.
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. to
5. for all caregivers of the entity.
50.065(3m)
(3m) Notwithstanding
subs. (2) (b) and
(3) (b), if the department obtains the information required under
sub. (2) (am) or
(3) (a) with respect to a person who is a caregiver specified under
sub. (1) (ag) 1. b. and that person is also an employee, contractor or nonclient resident of the entity, the entity is not required to obtain the information specified in
sub. (2) (b) or
(3) (b) with respect to that person.
50.065(4)
(4) An entity that violates
sub. (2),
(3) or
(4m) (b) 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(4m)(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(4m)(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(4m)(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(4m)(b)
(b) Notwithstanding
s. 111.335, and except as provided in
sub. (5), an entity may not employ or contract with a caregiver or permit to reside at the entity a nonclient resident, if the entity knows or should have known any of the following:
50.065(4m)(b)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(4m)(b)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(4m)(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. (b) 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
sub. (2) (b). 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. (b) 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
sub. (2) (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(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. (4m) (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. (4m) (b) 1. to
5., if the person demonstrates to the department, or, in the case of an entity that is located within the boundaries of a reservation, to the person or body designated by the tribe under
sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule, or by the tribe, that he or she has been rehabilitated.
50.065(5c)
(5c) Any person who is permitted but fails under
sub. (5) to demonstrate to the department that he or she has been rehabilitated may appeal to the secretary of health and family services or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this subsection has a right to a contested case hearing under
ch. 227.
50.065(5d)(a)(a) Any tribe that chooses to conduct rehabilitation reviews under
sub. (5) shall submit to the department a rehabilitation review plan that includes all of the following:
50.065(5d)(a)1.
1. The criteria to be used to determine if a person has been rehabilitated.
50.065(5d)(a)2.
2. The title of the person or body designated by the tribe to whom a request for review must be made.
50.065(5d)(a)3.
3. The title of the person or body designated by the tribe to determine whether a person has been rehabilitated.
50.065(5d)(a)3m.
3m. The title of the person or body designated by the tribe to whom a person may appeal an adverse decision made by the person specified under
subd. 3. and whether the tribe provides any further rights of appeal.
50.065(5d)(a)4.
4. The manner in which the tribe will submit information relating to a rehabilitation review to the department so that the department may include that information in its report to the legislature required under
sub. (5g).
50.065(5d)(a)5.
5. A copy of the form to be used to request a review and a copy of the form on which a written decision is to be made regarding whether a person has demonstrated rehabilitation.
50.065(5d)(b)
(b) If, within 90 days after receiving the plan, the department does not disapprove the plan, the plan shall be considered approved. If, within 90 days after receiving the plan, the department disapproves the plan, the department shall provide notice of that disapproval to the tribe in writing, together with the reasons for the disapproval. The department may not disapprove a plan unless the department finds that the plan is not rationally related to the protection of clients. If the department disapproves the plan, the tribe may, within 30 days after receiving notice of the disapproval, request that the secretary review the department's decision. A final decision under this paragraph is not subject to further review under
ch. 227.
