What is Wisconsin’s Caregiver Law?

Wisconsin’s Caregiver Law was enacted in order to provide protection for particularly vulnerable individuals in regulated settings, such as a nursing home, assisted living facility, or other long-term care facility. Under this law, individuals who are responsible for the direct care, safety, and security of adults and children must undergo periodic background and criminal history checks. Furthermore, the law requires that covered entities, such as nursing homes, investigate and report incidents of misconduct, including abuse and neglect.

In the case of a nursing home, the principals, license holders, and/or operators of the home are subject to a certain level of background check, and employees who provide direct care to residents are subject to another level of background check. Employees or contractors must undergo a background check at the time of hire, and every four years thereafter.

Generally, employees must complete a background information disclosure, and employers must follow up on that information in order to determine that it is correct. The background information disclosure completed by each employee must be kept on file by the employer and be readily available at all times. Employers run background checks through local law enforcement agencies. There is an extensive list of criminal offenses that make individuals ineligible for employment at a nursing home, if convicted of one or more such offenses within the prior five years. There are other criminal convictions for lesser offenses that do not necessarily bar employment, but do require additional investigation on behalf of the employer before hiring the employee.

At Boller & Vaughan, suffering abuse or neglect by those who are supposed to be taking care of you, such as your close family member, can be both physically and emotional painful. We are here to take some of the burden off your shoulders by allowing us to pursue any legal claims that are available to you and work toward much-needed and much-deserved compensation. As skilled Madison nursing home neglect lawyers, we are here to help you through this ordeal from a legal perspective, while you concentrate on healing yourself and your family by receiving the proper care and moving forward with your life.