Chapter DHS 13

DHS 13.05(7)(c) (c) Department action.

DHS 13.05(7)(c)1. 1. If the subject of a report files a timely appeal, the department may not enter the subject’s name and a summary of the department’s decision on the caregiver misconduct registry until the hearing examiner’s decision is mailed and then only in accordance with par. (d).

DHS 13.05(7)(c)2. 2. If the subject of a report waives the right to a hearing or does not file a timely appeal pursuant to this paragraph, the department shall enter, as applicable, a substantiated finding of misconduct on the caregiver misconduct registry within 10 business days after the last day of the period during which the subject may appeal the department’s decision. The department shall maintain the person’s name, documentation of the department investigation, including the nature of the allegation and evidence that led the department to conclude the misconduct took place and the person’s rebuttal statement, if provided, on the caregiver misconduct registry. The department shall include on the registry the information that the person did not appeal the decision.

DHS 13.05(7)(d) (d) Hearing and decision.

DHS 13.05(7)(d)1. 1. Where the acts involved in the department’s investigation are the same as those involved in a judgment of conviction of a state court, the judgment of conviction is admissible in evidence and constitutes substantial evidence adverse to the subject of the report.

DHS 13.05(7)(d)2. 2. The provisions of subch. III of ch. 227, Stats., apply to hearings and subsequent proceedings held under this section.

DHS 13.05(7)(d)3. 3. If a subject of the report files a timely appeal, the department of administration’s division of hearings and appeals shall hold a hearing within 90 days in accordance with s. 227.42, Stats., and issue a written decision within 30 calendar days after the conclusion of the hearing.

DHS 13.05(7)(d)4. 4. The division of hearings and appeals shall provide copies of the written decision to the subject, the department’s bureau of quality assurance and, if known, to the reporter and the entity involved in the alleged incident or the staffing agency.

DHS 13.05(7)(d)5. 5. If the division of hearings and appeals finds that there is no reasonable cause to believe that the subject of the report performed the alleged abuse or neglect of a client or misappropriation of a client’s property, a finding substantiating the allegation shall not be entered on the caregiver misconduct registry.

DHS 13.05(7)(d)6. 6. If the division of hearings and appeals finds that there is reasonable cause to believe that the subject of the report performed the alleged abuse or neglect of a client or misappropriation of a client’s property, the department shall enter the subject’s name and the division of hearings and appeals’ decision on the caregiver misconduct registry within 10 business days after the date on which the decision was received by the department’s bureau of quality assurance.

DHS 13.05(7)(d)7. 7. The division of hearings and appeals’ written decision shall include:

DHS 13.05(7)(d)7.a. a. Notice that the subject of the report may submit a brief written rebuttal statement to the department to dispute the hearing examiner’s decision and that, if submitted, the caregiver misconduct registry will indicate that the department has a rebuttal statement available upon request.

DHS 13.05(7)(d)7.b. b. Notice that the subject of the report has the right to petition for further review pursuant to s. 227.53, Stats.

DHS 13.05(8) (8) Disclosure of findings.

DHS 13.05(8)(a) (a) Substantiated allegations.

DHS 13.05(8)(a)1. 1. The department, in response to an inquiry made to the caregiver misconduct registry, shall indicate whether the person’s name is listed on the registry as having a finding of misconduct and, if listed, whether a rebuttal statement exists.

DHS 13.05(8)(a)2. 2. The department’s decision pertaining to a listed finding and any related rebuttal statement may be obtained only by sending a written request to the department pursuant to s. DHS 13.04 (3).

DHS 13.05(8)(b) (b) Unsubstantiated allegations.

DHS 13.05(8)(b)1. 1. Except as provided in subd. 2., the department in response to an inquiry made to the caregiver misconduct registry may not release information from a report under any of the following circumstances:

DHS 13.05(8)(b)1.a. a. When there is an investigation pending into allegations of misconduct.

DHS 13.05(8)(b)1.b. b. When the department’s investigation and review does not lead to a substantiation of the allegation of misconduct.

DHS 13.05(8)(b)1.c. c. When the department of administration’s division of hearings and appeals does not find reasonable cause that the subject of the report performed the alleged acts of misconduct.

DHS 13.05(8)(b)2. 2. Information pertaining to unsubstantiated allegations of misconduct may be disclosed only to any of the following:

DHS 13.05(8)(b)2.a. a. Authorized staff of the department and of the federal department of health and human services for purposes related to performance of their departmental duties.

DHS 13.05(8)(b)2.b. b. A law enforcement officer or agency for purposes of related investigations or prosecutions.

DHS 13.05(8)(b)2.c. c. A court or administrative agency for use in related investigations or proceedings regarding licensing or regulation of an entity, licensing or regulation of a licensed health professional or regulation of a person about whom notification is made under s. 146.40 (4), Stats., except that information that is part of a child abuse or neglect record subject to s. 48.981, Stats., may be released only as allowed by s. 48.981 (7), Stats.

DHS 13.05(8)(b)2.d. d. A person engaged in bona fide research who, at the department’s discretion, has been granted access but only if information that identifies the person, client, complainant and entity involved is not disclosed to the researcher.

DHS 13.05(8)(b)2.e. e. Other persons as required by law.

DHS 13.05(8)(c) (c) Duration of placement on the caregiver misconduct registry. The information placed on the caregiver misconduct registry relating to findings of client abuse or neglect or misappropriation of client property shall remain on that registry permanently unless any of the following occurs:

DHS 13.05(8)(c)1. 1. The division of hearings and appeals’ decision is reversed by a court of law.

DHS 13.05(8)(c)2. 2. The department is notified of the death of the person listed on the caregiver misconduct registry.

DHS 13.05(8)(c)3. 3. The information is required to be altered by law.

DHS 13.05 History History: Cr. Register, June, 1999, No. 522, eff. 7-1-99; CR 04-040: am. (6) (c) (intro.), renum. (7) (b) 1. to be (7) (b) and am., r. (7) (b) 2. Register November 2004 No. 587, eff. 12-1-04; corrections in (3) (b) (title), (4) (b) 2., (5) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; CR 23-046: am. (4) (c) Register April 2024 No. 820, eff. 5-1-24.