Elder abuse is an issue that is coming to the forefront in our society. According to a report from the Bureau on Aging, in 1995 2,583 cases of suspected abuse and neglect were reported. Four of those were fatal and another 227 were considered life threatening. Furthermore, the bureau estimated that 85-95% of cases were never reported because "people may be ashamed or afraid to report." (1995 Wisconsin Report on Elder Abuse). Over the last year, several health care workers have lost their jobs for doing the morally right thing...reporting elder abuse. Current Wisconsin law protects from discrimination and retaliation only those persons who report elder abuse to a county agency. The law does not apply to those who report to other state agencies such as the Board on Aging and Long Term Care. There has been one case recently, Hausman and Wright vs. St. Croix Care Center that is an example of how lack of protection can result in dismissal of employees. In short, Hausman and Wright, a social worker and licensed practical nurse respectively; were part of a five member interdisciplinary care team insuring that the needs of patients were being met on a continuing basis. Concerns arose as to whether falls from beds resulting in injury were being adequately investigated, the sufficiency of the residents' nutritional diet and whether staff members' disrespectful treatment of residents was being fully addressed. When the Center failed to respond to these concerns, the care team approached the St. Croix Center's administrator with their concerns. Nothing was done despite a follow-up visit with the Center's director. When the Center failed to take appropriate action, the care team contacted the regional ombudsman for the Board on Aging and Long-term Care and the Bureau of Quality Compliance, a division of DHSS. Both workers were fired shortly after reporting suspected abuse to the State Ombudsman. Hausman and Wright filed a complaint in Circuit Court. The trial court and later the Court of Appeals - District Three determined that the employees were not protected under one State law because it did not create a "private cause of action." The court also found that they were also not protected under another State law because they did not report their concern to the county department of human services. The plaintiffs have petitioned the State Supreme Court for review. In September I introduced Assembly Bill 500, a measure aimed at protecting health care workers from retaliation for reporting to any state official abuse or neglect in certain facilities and providing a cause of action. AB 500 has strong bipartisan support with a total of 50 legislators co-sponsoring the bill. The bill has been referred to the Assembly committee on Judiciary. As the population has and continues to age, more people will be entering care facilities or using other service providers who may not work in a residential setting. It is imperative that caregivers and other professionals feel protected in reporting suspected abuse without the fear of retaliation from their employers. Protecting the reporters will in turn protect consumers by encouraging individuals to report incidents where they feel that the person under their care is being physically, emotionally, or financially victimized. To feel safe in a facility that is receiving compensation to care for you should be a fundamental right and expectation for all consumers. Please feel free to stay in touch with me on budget issues or any other issues of interest. I can be reached at 266-8570 or at 266-8463 (fax) or by writing me at: State Representative Tammy Baldwin P.O. Box 8952 Madison, WI 53708-8952 You may also E-Mail me at: tammy.baldwin@legis.state.wi.us or visit my web site