Caregiver Misconduct Reporting and Investigating Requirements

The Caregiver Law under Wis. Admin. Code ch. DHS 13 requires the following programs covered under Wis. Stat. chs. 50, 51 and 146 to report allegations of caregiver abuse, neglect or misappropriation:

  • Adult Family Homes (3-4 bed)
  • Ambulance Service Providers
  • Certified Personal Care Providers
  • Community-Based Residential Facilities
  • Community Substance Abuse Services
  • Community Support Programs
  • Comprehensive Community Services
  • Emergency Mental Health Services Programs
  • Facilities Serving People with Developmental Disabilities
  • Home Health Agencies (including personal care and supportive home care services provided by a licensed HHA)
  • Hospices
  • Hospitals (including clinics that are part of the hospital)
  • Mental Health Day Treatment Services for Children
  • Nursing Homes
  • Outpatient community Mental Health/Developmental Disabilities
  • Residential Care Apartment Complexes
  • Rural Medical Centers

These entities must:

  • Immediately protect clients from subsequent incidents of misconduct (abuse, neglect, misappropriation and injury of unknown source).
  • Investigate all allegations of misconduct.
  • Document the results of their investigation.
  • Report allegations/incidents to the Division of Quality Assurance (DQA) as appropriate.

Submit Reports to MIR

Regulated-entities must submit required incident reports by logging into the Misconduct Incident Reporting (MIR) system using your WILMS username and password.

You must have an account before you can submit incident reports. Follow the two steps found under How to Report on this webpage to create and register your account.

File a Complaint

If any individual believes a caregiver or regulated provider has violated state or federal laws, that individual has the right to file a complaint.

 

Wisconsin Caregiver Program: Misconduct Reporting Requirements, P-63158 (PDF)

Misconduct Definitions

Each resident has the right to be free from abuse, corporal punishment and involuntary seclusion. Residents must not be subjected to abuse by anyone, including, but not limited to, facility staff, other residents, consultants or volunteers, staff of other agencies serving the resident, family members or legal guardians, friends or other individuals.

Refer to Misconduct Definitions, P-00976 (PDF) for federal definitions of misconduct under 42 C.F.R. §488.301 and state definitions under Wis. Admin. Code ch. DHS 13. Participating Medicare and Medicaid nursing homes must first review the federal definitions. If an incident potentially meets the federal definition, it is not necessary to review the state definitions found in Wis. Admin. Code § DHS 13.05.

How to Report – Misconduct Incident Reporting (MIR)

A misconduct incident report must be submitted to the DQA Office of Caregiver Quality (OCQ) for allegations involving all staff (noncredentialed and credentialed) or other perpetrators (family member, friend, visitor, resident, etc.). OCQ will review reports involving noncredentialed staff (nurse aides, caregivers, housekeepers, etc.) for possible investigation and refer reports involving credentialed staff (doctors, RNs, LPNs, social workers, etc.) to the Department of Safety and Professional Services (DSPS) for review. OCQ will also refer reports to other agencies including the Department of Justice, county departments, adult-at-risk agencies, local law enforcement agencies, and others, as appropriate. One or more of these agencies may also respond to an allegation investigated by DQA.

Use the Injury of Unknown Source Flowchart, P-00362 (PDF) to assist in identifying reporting requirements for injuries of unknown source.

Misconduct Incident Reporting (MIR) System

The DQA Misconduct Incident Reporting (MIR) system is a secure, web-based system for health care providers regulated by DQA to submit the Alleged Nursing Home Resident Mistreatment, Neglect and Abuse Report, F-62617 and/or the Misconduct Incident Report, F-62447 forms to OCQ.

Create and Register an Account

Before you can submit a report to MIR, you must complete these two steps:

  • Step 1: Create a Wisconsin Logon Management System (WILMS) account for the regulated-entity/provider by accessing the WILMS website. Each provider may have up to two WILMS accounts for the purpose of submitting reports to the MIR system.

After completing these steps, it may take up to three business days to process your registration. During this time you will not be able to access the MIR system.

Refer to DQA Misconduct Incident Reporting (MIR) System: How to Sign Up, P-02312 (PDF) for instructions for completing these steps.

Providers are responsible for ensuring the security of WILMS accounts and must notify DQA by email of any change in account users.

Submit Reports Online

To submit required reports, log into the Misconduct Incident Reporting (MIR) system using your WILMS username and password. Note: the MIR url will not work if bookmarked.

Follow the DQA Misconduct Incident Reporting (MIR) System: Entity User Instructions, P-02312A (PDF) to submit required reports.

In the event that the MIR system cannot be accessed, reports will be accepted via postal mail, fax, or email at:

Department of Health Services
Division of Quality Assurance
Office of Caregiver Quality
P.O. Box 2969
Madison, WI 53701-2969
Fax: 608-264-6340
Email: DHSCaregiverIntake@wi.gov

Reporting requirements are fully outlined in the Wisconsin Caregiver Program Manual, P-00038 (PDF). This publication contains important clarifications regarding:

  • Caregiver misconduct reporting requirements.
  • DQA's response to incident reports.
Contact Us

If you have questions or encounter problems while creating your WILMS account or submitting reports, contact helpdesk@wisconsin.gov or call 866-335-2180. Please specify you are requesting assistance with the MIR system.

Provider Specific Information

Refer to the following provider-specific tabs for information and resources related to reporting caregiver allegations of abuse, neglect or misappropriation.

All Entities Except
Nursing Homes

Reporting Requirements for All Entities Regulated by DQA (except Nursing Homes), P-00907 (PDF) – The DQA established consistent requirements that apply to entities covered under the Caregiver Law to conduct thorough internal investigations and report allegations of caregiver misconduct and injuries of unknown source.

Use Caregiver Misconduct Reporting Requirements Worksheet, F-00161 (PDF) and Flowchart of Entity Investigation and Reporting Requirements for Caregiver Misconduct and Injuries of Unknown Source, F-00161A (PDF) to assist in making reporting determinations.

 

Use Misconduct Incident Report, F-62447 (PDF) to report misconduct allegation investigations.

Nursing Homes Only

Nursing Home Reporting Requirements for Alleged Incidents of Abuse, Neglect, and Misappropriation, P-00981 (PDF) — The purpose of this publication is to clarify the reporting requirements for all nursing homes in Wisconsin. For purposes of this publication, an incident includes any allegation involving mistreatment, abuse or neglect of a resident: misappropriation of a resident’s property, or injuries to a resident of unknown source. This publication contains important clarification regarding:

Resident-to-Resident Altercation Flowchart, P-00361 (PDF).

 

Nursing Homes,
Hospices and FDDs

 

Use Misconduct Incident Report, F-62447 (Word) to report misconduct allegations investigations.

 

Last Revised: March 28, 2019