Wis. Stat. § 16.009 — WI Code / Chapter 16 / Section 16.009
Section 16.009
Status: in_force

5. Providing individual case advocacy services in administrative hearings regarding self-directed services option or family care services or benefits.

(3) The board shall:

(a) Carry out the board’s long-term care ombudsman activities, as described in 42 USC 3058g (a) (2) and 45 CFR 1321 and 1324 , and the activities of the Medigap Helpline program as specified in sub. (2) (j) .

(bm) Employ an attorney for provision of legal services in accordance with requirements of the long-term care ombudsman program under 42 USC 3027 (a) (12) and 42 USC 3058g (g), as specified in 45 CFR 1324.15 (j) .

(4)

(a) The board shall operate the office in order to carry out the requirements of the long-term care ombudsman program, as defined in 42 USC 3058g (a) (2), under 42 USC 3027 (a) (12) (A) and 42 USC 3058f to 3058h and in compliance with 42 CFR 1321 and 1324 . The executive director shall employ the state long-term care ombudsman. The state long-term care ombudsman may delegate operation of the office to the staff employed under sub. (2) (a) , as designated representatives of the ombudsman.

(b) The ombudsman or his or her designated representative may have the following access to clients, residents, enrollees, and long-term care facilities:

1. The ombudsman or designated representative may:

a. At any time without notice, enter, and have immediate access to a client or resident in, a long-term care facility.

b. Communicate in private, without restriction, with a client or resident.

c. Except as provided in subd. 1. d. , have access to and review records that pertain to the care of the resident if the resident or his or her guardian has consented or if the resident has no guardian and is unable to consent.

d. With the consent of a resident or his or her legal counsel, have access to and review records that pertain to the care of the resident, as specified in s. 49.498 (5) (e) .

e. Have access to and review records of a long-term care facility as necessary to investigate a complaint if the resident’s guardian refuses to consent; if the ombudsman or designated representative has reason to believe that the guardian is not acting in the best interests of the resident; and, for investigation only by a designated representative, if the designated representative obtains the approval of the ombudsman.

f. Have access to those administrative records, policies and documents of a long-term care facility to which the resident or public has access.

g. Have access to and, on request, be furnished copies of all licensing or certification records maintained by the department of health services with respect to regulation of a long-term care facility.

2. The ombudsman shall receive, upon request to a long-term care facility, the name, address and telephone number of the guardian, legal counsel or immediate family member of any resident.

(d) An ombudsman acting as specified under 45 CFR 1324.11 (e) (2) (vii) is not subject to the provisions of the federal privacy rule under 45 CFR 160.101 to 164.534 . A long-term care facility or personnel of a long-term care facility that make a disclosure as authorized under this subsection are not liable for that disclosure.

(e) A disclosure of information of the office relating to a client, complaints, or investigations under the program may be made only at the discretion of the ombudsman or his or her designated representative. A disclosure of information relating to a client or named witness or of a resident who is not a client may be made under this paragraph only if one of the following conditions is met:

1. Under written authorization by the client, witness or resident or his or her guardian, if any.

2. Under the lawful order of a court of competent jurisdiction.

(5)

(a) No person may do any of the following:

1. Discharge or otherwise retaliate or discriminate against any person for contacting, providing information to or otherwise cooperating with any representative of the board.

2. Discharge or otherwise retaliate or discriminate against any person on whose behalf another person has contacted, provided information to or otherwise cooperated with any representative of the board.

3. Willfully interfere with the actions of an ombudsman by acting or attempting to act to intentionally prevent, interfere with, or impede the ombudsman from performing any of the functions or responsibilities under this section.

(b) Any person who violates par. (a) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.

(d) Any employee who is discharged or otherwise retaliated or discriminated against in violation of par. (a) may file a complaint with the department of workforce development under s. 106.54 (5) .

(e) Any person not described in par. (d) who is retaliated or discriminated against in violation of par. (a) may commence an action in circuit court for damages incurred as a result of the violation.

History: 1981 c. 20 ; 1983 a. 524 ; 1985 a. 29 ; 1987 a. 27 ; 1989 a. 31 , 294 ; 1991 a. 39 , 232 ; 1993 a. 16 , 205 ; 1995 a. 27 s. 9126 (19) ; 1997 a. 131 ; 1999 a. 9 , 82 , 86 , 186 ; 2003 a. 33 ; 2007 a. 20 ss. 74 , 9121 (6) (a) ; 2009 a. 28 ; 2011 a. 32 ; 2013 a. 165 s. 114 ; 2017 a. 59 ; 2019 a. 9 ; 2023 a. 19 .