DHS 13.03(18)(e) (e) Determines the person’s work schedule.

DHS 13.03(18)(f) (f) Supervises or evaluates the person’s work or job performance, including imposing discipline or awarding performance awards.

DHS 13.03(18)(g) (g) Determines the compensation the person received for performing his or her duties as a caregiver.

DHS 13.03(19) (19) “Without consent” has the meaning given in s. 939.22 (48), Stats.

DHS 13.03 History History: Cr. Register, June, 1999, No. 522, eff. 7-1-99; reprinted to correct error in (1) (a) 1. (intro.), Register, August, 1999, No. 524; corrections in (5) and (16) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; CR 04-040: am. (15) Register November 2004 No. 587, eff. 12-1-04; corrections in (5), (9) and (16) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 20-067: am. (16) Register December 2021 No. 792, eff. 1-1-22.

DHS 13.04 DHS 13.04 Caregiver misconduct registry.

DHS 13.04(1) (1) Establishment and maintenance. The department shall establish and maintain a database of caregivers as an official record of persons found to have abused or neglected a client or misappropriated a client’s property under the requirements of this chapter. The database shall contain the following lists:

DHS 13.04(1)(a) (a) Nurse aides. A list of all nurse aides who have been found under s. DHS 13.05 (6) or (7) to have abused or neglected a client or misappropriated a client’s property and to whom any of the following applies:

DHS 13.04(1)(a)1. 1. The nurse aide waives a hearing to contest the listing of the finding in the registry or fails to file a timely request for a hearing under s. DHS 13.05 (7) (b) after receipt of the department’s notice of the department’s intent to enter its findings about the nurse aide in the registry.

DHS 13.04(1)(a)2. 2. The hearing officer under s. DHS 13.05 (7) (d) 6. finds reasonable cause to believe that the nurse aide abused or neglected a client or misappropriated a client’s property.

DHS 13.04(1)(b) (b) All other caregivers. A list of all persons other than nurse aides who have been found under s. DHS 13.05 (6) or (7) to have abused or neglected a client or misappropriated a client’s property and to whom any of the following applies:

DHS 13.04(1)(b)1. 1. The person waives a hearing to contest the listing of the finding in the registry or fails to file a timely request for a hearing under s. DHS 13.05 (7) (b) after receipt of the department’s notice of the department’s intent to enter its findings about the person in the registry.

DHS 13.04(1)(b)2. 2. The hearing officer under s. DHS 13.05 (7) (d) 6. finds reasonable cause to believe that the person abused or neglected a client or misappropriated a client’s property.

DHS 13.04(2) (2) Content. Information about a person in the caregiver misconduct registry shall include all of the following:

DHS 13.04(2)(a) (a) The person’s social security number, if available.

DHS 13.04(2)(b) (b) The person’s full name, including middle initial.

DHS 13.04(2)(c) (c) The person’s mailing address.

DHS 13.04(2)(d) (d) The person’s date of birth.

DHS 13.04(2)(e) (e) Any finding made by the department under s. DHS 13.05 (6), or, if appealed, by a hearing officer under s. DHS 13.05 (7), that the person abused or neglected a client or misappropriated the property of a client, and whether the person filed a rebuttal statement with the department under s. DHS 13.05 (6) (c) 2. e. disputing that finding.

DHS 13.04(3) (3) Release of caregiver misconduct registry information. With the exception of the person’s social security number and to the extent permitted by state and federal law, the information included in the registry about individuals is public information. The department shall respond promptly to inquiries concerning registry information. A request for registry information shall be in writing and accompanied by a self-addressed stamped envelope.

DHS 13.04 Note Note: The Wisconsin Caregiver Misconduct Registry may be accessed at: https://www.dhs.wisconsin.gov/caregiver/misconduct.htm. Written requests for registry information may be sent to the Office of Caregiver Quality, P.O. Box 2969, Madison, WI 53701-2969

DHS 13.04 History History: Cr. Register, June, 1999, No. 522, eff. 7-1-99.

DHS 13.05 DHS 13.05 Allegations of caregiver misconduct.

DHS 13.05(1) (1) Definitions. In this section:

DHS 13.05(1)(a) (a) “Community-based residential facility” has the meaning given in s. 50.01 (1g), Stats.

DHS 13.05(1)(b) (b) “Home health agency” has the meaning given in s. 50.49 (1) (a), Stats.

DHS 13.05(1)(c) (c) “Nursing home” has the meaning given in s. 50.01 (3), Stats.

DHS 13.05(1)(d) (d) “Report” means any allegation of misconduct that has been filed, either orally or in writing, and includes any similar additional allegations that are discovered during the course of an investigation.

DHS 13.05(1)(e) (e) “Reporter” means the person or entity who files a report with the department.