By John H. Fisher II
May 4, 2020
Use of the Wisconsin Caregiver Misconduct online reporting portal is mandatory beginning May 1, 2020 for some providers and on June 1, 2020 for others. Most providers will have until June 1, 2020 to be compliant with the mandatory reporting system. Community Based Residential Facilities, Adult Family Homes, and Residential Care Apartment Complexes were required to start using the new reporting system effective May 1, 2020.
The new online reporting system was developed by the Wisconsin Department of Health Services (DHS), Division of Quality Assurance (DQA), Office of Caregiver Quality (OCQ). The reporting system moves all reports of alleged violations of caregiver misconduct laws to an online reporting system permitting providers to submit allegations of caregiver misconduct that occur in facilities that are under the jurisdiction of DHS. Misconduct Incident Reports are submitted in Wisconsin using the Misconduct Incident Report (F-62447) form and the secure, web-based Misconduct Incident Reporting (MIR) system Wisconsin has developed.
The announcement of the new reporting requirements contain what is, in effect, a notice to all providers who are regulated by the Division of Quality Assurance that they are required to use the new system starting on June 1, 2020 (except for those who must comply by May 1, 2020). In fact, the exact wording from the release reads “All provider types regulated by the DQA Bureau of Health Services are notified that use of the MIR system will be required beginning June 1, 2020.”
Strangely, even though the use of the new misconduct reporting system is mandatory, DHS states that “all regulated health care providers are encouraged to transition to the MIR system now.” Don’t let the passive language lull you into complacency. Our reading is that use of the new reporting system by the relevant effective date is mandatory. Failure to comply with the requirement will constitute a violation of the Wisconsin Caregiver Act. The only exception to the requirement of using the new reporting system is your inability to access the system due to technical issues. If there is an access issue, reports are accepted by e-mail at firstname.lastname@example.org, fax, or postal mail.
Providers should be sure to register an account with the Wisconsin Logon Management System (WILMS) if they have not already done so. A link to access the MIR system can be found on the Department’s Caregiver Misconduct Reporting and Investigating Requirements web page. Once registration is complete, providers can make mandatory reports at the Wisconsin Caregiver Reporting Online Link. The Wisconsin Caregiver Program Manual provides a more detailed overview of the Wisconsin Caregiver Act and Wisconsin Caregiver Reporting obligations.
Action Items – Wisconsin providers should take the time to review their Caregiver reporting policies and make appropriate revisions to assure compliance with the mandatory use of the reporting system. Providers will also need to register with the Wisconsin MIR system as soon as possible before June 1, 2020 or sooner for those providers who must comply by May 1, 2020. You must first set up an account in order to comply with your obligations.
You will also need to register the WILMS account with the MIR system. User instructions for the MIR system can be found in publication P-02312A. Registration is required to gain access to the reporting system and it may take several days for a provider’s registration to be processed. Providers who are covered by the Caregiver Act should register well in advance if at all possible.
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