| Update on
Wisconsin Caregiver Legislation
PDF Version of BQA 00-024
(PDF, 12 KB)
Date: March 15, 2000 -- DSL-BQA-00-024
From: Donna Cochems, Chief, Caregiver Regulation and Investigation Section
cc: Susan Schroeder, Director, Bureau of Quality Assurance
This memo contains important information on the following topics:
Please share this memo with appropriate entity staff, e.g. human resources,
trainers, caregivers, supervisors, etc.
New Emergency Rule (Ch. HFS 12, Wisconsin Administrative Code)
The 1999-2001 Biennial Budget Bill, enacted as 1999 Wisconsin Act 9 on October 29,
1999, made several changes to the Wisconsin Caregiver Law. As a result, the Department
issued an emergency order modifying ch. HFS 12, Wis. Adm. Code that became effective on
February 13, 2000, to reflect those changes. A copy of the
revised ch. HFS 12, Wis. Adm. Code
(exit DHFS; PDF, 40 KB), is attached for your reference. Also included is
Appendix A to ch. HFS 12, which lists the crimes and other offenses that the Wisconsin
State Legislature has determined either require rehabilitation review approval or that act
to permanently bar a person (for foster care only) from employment. Appendix A
(exit DHFS; PDF, 20 KB) is
now titled "Offenses Affecting Caregiver Eligibility" and replaces the former
"Crimes List" contained in previous versions of ch. HFS 12. The new rule may
also be found on the Department’s web site: www.dhfs.state.wi.us.
Click on Background Checks.
Ch. HFS 13, Wisconsin Administrative
Code (exit DHFS; PDF), was not affected by the Biennial Budget
changes. Therefore, the permanent rule that went into effect on July 1, 1999 remains
unchanged.
For a written summary of the changes reflected in Wisconsin Act 9, please refer to BQA Memo 99-073, dated December 10, 1999.
Upcoming Fee Increase for Caregiver Background Checks
Effective May 1, 2000, the Department will charge $2.50 for the integrated background
information system query that is included in the caregiver background check. (This is the
letter on Department letterhead that is sent to individuals/entities who submit a criminal
history request to the Department of Justice. The letter includes information on the
training and testing of nurse aides, findings of misconduct, licensure denials/revocations
and information on professional credential holders.) The fee is allowed by Wisconsin Act
9, enacted in October 1999.
The increase will be reflected on the Wisconsin
Criminal History Request form (DOJ-LE-250 and DJ-LE-250A) (exit DHFS). The Department of
Justice will return any criminal history requests that they receive beginning May 1, 2000
that do not include payment at the increased rate. Account holders will automatically be
billed at the increased rate.
Please access the Department’s
web site on or after April 17, 2000, to obtain updated copies of the Wisconsin
Criminal History Request form.
More Caregiver Training Sessions to be Held
In October and November 1999, BQA, in cooperation with the Office of Legal Counsel,
conducted ten caregiver training sessions statewide. The curriculum included caregiver
background checks, the rehabilitation review process and entity reporting requirements of
misconduct by caregivers. Over 1,000 representatives of BQA-regulated entities attended
the sessions held in Milwaukee, Madison, Green Bay, Wausau and Eau Claire.
Due to the positive feedback received from participants and continued interest in this
training, BQA is scheduling encore training sessions for the late spring or early summer
of 2000. Please watch for upcoming training announcements that we will mail to your
entity, as well as Internet announcements on the Department’s web site.
February 1, 2000 Deadline For Conducting Caregiver
Background Checks on Entity Employees and Contractors
Beginning October 1, 1998, the caregiver law required BQA-regulated facilities to
complete caregiver background checks on all new employees and contractors hired after that
date. The law also required that all BQA-regulated entities complete the caregiver
background check process on existing employees and contractors (those hired before October
1998) by February 1, 2000. Between October 1998 and January 2000, over 400,000 caregiver
criminal history requests have been submitted to the Department of Justice.
Effective February 1, 2000, entities that have failed to complete the required checks
are subject to sanctions. For more information on the required caregiver background checks
or to download forms, access the Department’s web site.
Department Requirement to Conduct Caregiver Background
Checks on Entity Owners and Non-Client Residents
Please keep in mind that the Department is required to complete caregiver background
checks on entity owners, principal officers who have regular, direct contact with clients
and nonclient residents of the entity. This process has been in place since October 1998
for new applicants for licensure. In the near future, BQA will begin conducting background
checks for existing license holders (those licensed before October 1, 1998).
BQA will contact your entity with a request to submit Background Information
Disclosure forms (HFS-64) on the individuals defined above. This procedure is very similar
to the entity’s requirement to conduct caregiver background checks on their employees
and contractors. Because of the high number of BQA-regulated entities and different types
of programs, this process will be completed over a period of time. Therefore, various
entity types will not be contacted at the same time.
As always, please access the Department’s
web site for information on the caregiver law. You may also contact the Caregiver
Intake Unit at (608)
243-2019.
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