A News 3 investigation finds UW Hospital broke state law by not reporting the conduct of a former nursing assistant to the state. That worker was later hired by St. Mary's Hospital -- where he allegedly sexually assaulted a female patient last month.

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I-Team: Hospital Caregiver Concerns More I-Team Reports Contact Linda Eggert: LEggert@wisctv.com

Under the state's Caregiver Law, hospitals and other entities are required to report suspected abuse as well as do background checks of prospective employees. I-Team reporter Linda Eggert's investigation found that UW Hospital did not follow that law and was cited by the state.

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MADISON, Wis. -- Massages by nursing assistants at St. Mary's Hospital are part of routine care, but one female patient charges her backrub last month was far from routine.

A criminal complaint filed against 44-year-old nursing assistant Michael Reveles says despite patient protests, Reveles "pulled down her underwear" and "reached under her hospital gown," repeatedly rubbing her breasts, buttocks and genitals.

After a nurse walked in, the patient reported Reveles. The woman told authorities "during the assault she felt baffled and angry, saying, "I could not believe this was happening."

Sarah Carlson of St. Mary's Hospital said, "We're so thankful the woman who alleges the abuse from this month reported this incident to the hospital staff."

Despite Reveles' claims of innocence, the hospital fired him, but a News 3 investigation finds St. Mary's may never have even hired Reveles had UW Hospital followed state law four years ago. That's when it fired the nursing assistant over similar patient allegations that never made it to the state.

"By statute and by regulations, they were to report it to us within seven days ... and they didn't," said Cris Ros-Dukler, director of the state Bureau of Quality Assurance for the Department of Health and Family Services.

Wisconsin's Caregivers Law requires hospitals and others to conduct criminal and other background checks on prospective employees. It also requires them to report any suspected cases of abuse or neglect.

State officials told News 3 UW Hospital failed to do that with Reveles. Civil court documents show it fired him in 2001 after he inappropriately gave backrubs to two female psychiatric patients.

One complained "about being inappropriately touched" by Reveles, documents said. Had the hospital reported such conduct to the state, the Department of Health and Family Services says it would have investigated -- and possibly red-flagged Reveles on something called the Caregiver Misconduct Registry.

Instead, Reveles kept popping up as a nurse aide in good standing.

"We did legally meet every obligation and this individual did come up clean," Carlson of St. Mary's said.

"Had (UW Hospital) reported it and the alleged perpetrator was named, we could have investigated and substantiated or determined, or made a finding on the allegation, and based on the findings we would have entered that into the system," Ros-Dugler said.

The state accidentally found about the Reveles situation two years after the fact, while investigating something else. It then cited UW Hospital for not having a policy on reporting suspected abuse.

In a statement Wednesday to News 3, UW Hospital admits it "did not report Reveles to the state agency … " but says in 2003 it "made "significant changes to its internal reporting procedures."

As for reference checks, UW Hospital says it's unlikely it gave St. Mary's anything other than Reveles' dates of employment. That is standard policy among most employers.

Both hospitals now say they will review how they share information.