"Care management organization" has the meaning given in s. 46.2805 (1).
"Consumer" has the meaning given in s. 46.2898 (1) (cm).
"Department" means the department of health services.
"Family Care Program" means the benefit program described in s. 46.286.
"Home care provider" means an individual who is a qualified provider under 21
s. 46.2898 (1) (f).
"Medical assistance waiver program" means a program operated under a 23
waiver from the secretary of the U.S. department of health and human services 24
under 42 USC 1396n
(c) or 42 USC 1396n
(b) and (c).
"Program of All-Inclusive Care for the Elderly" means the program 2
operated under 42 USC 1396u-4
352.05 Creation and organization of authority. (1) Creation and
4membership of board.
There is created a public body corporate and politic to be 5
known as the "Wisconsin Quality Home Care Authority." The members of the board 6
shall consist of the following members:
(a) The secretary of the department of health services or his or her designee.
(b) The secretary of the department of workforce development or his or her 9
(c) The following, to be appointed by the governor to serve 3-year terms:
1. One representative from the state assembly.
2. One representative from the state senate.
3. One representative of care management organizations.
4. One representative of county departments, under s. 46.215, 46.22, 46.23, 15
51.42, or 51.437, selected from counties where the Family Care Program is not 16
5. One representative of the board for people with developmental disabilities.
6. One representative of the council on physical disabilities.
7. One representative of the council on mental health.
8. One representative of the board on aging and long-term care.
9. Eleven individuals, each of whom is a current or former recipient of home 22
care services through the Family Care Program or a medical assistance waiver 23
program or an advocate for or representative of consumers of home care services.
Annually, the governor shall appoint one member of the 25
board to serve as the chairperson.
1(4) Executive committee.
(a) The board shall elect an executive committee. 2
The executive committee shall consist of the chair of the board, the secretary of the 3
department of health services or his or her designee, the secretary of the department 4
of workforce development or his or her designee, and 3 persons selected from board 5
members appointed under sub. (1) (c) 9.
(b) The executive committee may do the following:
1. Hire an executive director who is not a member of the board and serves at 8
the pleasure of the board.
2. Hire employees to carry out the duties of the authority.
3. Engage in contracts for services to carry out the duties of the authority.
The terms of members of the board appointed under sub. (1) (c) shall 12
expire on July 1.
A majority of the members of the board constitutes a quorum for 14
the purpose of conducting its business and exercising its powers and for all other 15
purposes, notwithstanding the existence of any vacancies. Action may be taken by 16
the board upon a vote of a majority of the members present. Meetings of the members 17
of the board may be held anywhere within the state.
Each member of the board shall hold office until a successor is 19
appointed and qualified unless the member vacates or is removed from his or her 20
office. A member who serves as a result of holding another office or position vacates 21
his or her office as a member when he or she vacates the other office or position. A 22
member who ceases to qualify for office vacates his or her office. A vacancy on the 23
board shall be filled in the same manner as the original appointment to the board for 24
the remainder of the unexpired term, if any.
The members of the board are not entitled to compensation 2
for the performance of their duties. The authority may reimburse members of the 3
board for actual and necessary expenses incurred in the discharge of their official 4
duties as provided by the board.
5(9) Employment of board member.
It is not a conflict of interest for a board 6
member to engage in private or public employment or in a profession or business, 7
except to the extent prohibited by law, while serving as a member of the board.
852.10 Powers of authority.
The authority shall have all the powers 9
necessary or convenient to carry out the purposes and provisions of this chapter and 10
s. 46.2898. In addition to all other powers granted the authority under this chapter, 11
the authority may:
Adopt policies and procedures to govern its proceedings and to carry out its 13
duties as specified in this chapter.
Employ, appoint, engage, compensate, transfer, or discharge necessary 15
Make or enter into contracts, including contracts for the provision of legal 17
or accounting services.
Award grants for the purposes set forth in this chapter.
Buy, lease, or sell real or personal property.
Sue and be sued.
Accept gifts, grants, or assistance funds and use them for the purposes of 22
Collect fees for its services.
2452.20 Duties of authority.
The authority shall:
Establish and maintain a registry of eligible home care providers who 2
choose to be on the registry for purposes of employment by consumers and provide 3
referral services for consumers in need of home care services.
Determine the eligibility of individuals for placement on the registry. For 5
purposes of determining eligibility, the authority shall apply the criteria described 6
in s. 46.2898 (1) (f), including any qualifying criteria established by the department 7
under s. 46.2898 (7). The authority shall also develop an appeal process for denial 8
of placement on or removal of a provider from the registry consistent with the terms 9
of the medical assistance waiver programs, the Family Care Program, an 10
amendment to the state medical assistance plan under 42 USC 1396n
(j), or the 11
Program of All-Inclusive Care for the Elderly, as determined by the department.
Comply with any conditions necessary for consumers receiving home care 13
services to receive federal medical assistance funding through a medical assistance 14
waiver program, the Family Care Program, an amendment to the state medical 15
assistance plan under 42 USC 1396n
(j), or the Program of All-Inclusive Care for the 16
Develop and operate recruitment and retention programs to expand the 18
pool of home care providers qualified and available to provide home care services to 19
Maintain a list of home care providers included in a collective bargaining 21
unit under s. 111.825 (2g) and provide the list of home care providers to the 22
department at the department's request.
Notify home care providers providing home care services of any procedures 24
for remaining a qualified provider under s. 46.2898 (1) (f) set forth by the department 25
or the authority.
Provide orientation activities and skills training for home care providers.
Provide training and support for consumers hiring a home care provider 3
regarding the duties and responsibilities of employers and skills needed to be 4
Inform consumers of the experience and qualifications of home care 6
providers on the registry and home care providers identified by consumers of home 7
care services for employment.
Develop and operate a system of backup and respite referrals to home care 9
providers and a 24-hour per day call service for consumers of home care services.
Report annually to the governor on the number of home care providers on 11
the registry and the number of home care providers providing services under the 12
Conduct activities to improve the supply and quality of home care 14
1552.30 Liability limited. (1)
The state, any political subdivision of the state, 16
or any officer, employee, or agent of the state or a political subdivision who is acting 17
within the scope of employment or agency is not liable for any debt, obligation, act, 18
or omission of the authority.
All expenses incurred by the authority in exercising its duties and powers 20
under this chapter shall be payable only from funds of the authority.
2152.40 Health data.
Any health data or identifying information collected by 22
the authority is collected for the purpose of government regulatory and management 23
Beginning on July 1. 2011, in any employee retirement system of a 2
county, except as otherwise provided in a collective bargaining agreement entered 3
into under subch. IV of ch. 111 and except as provided in par. (b)
, employees shall pay 4
half of all actuarially required contributions for funding benefits under the 5
retirement system. The employer may not pay on behalf of an employee any of the 6
employee's share of the actuarially required contributions.
1162.623 Payment of contributions in an employee retirement system of
12a 1st class city.
Beginning on July 1, 2011, in any employee retirement system of 13
a 1st class city, except as otherwise provided in a collective bargaining agreement 14
entered into under subch. IV of ch. 111 and except as provided in sub. (2)
, employees 15
shall pay all employee required contributions for funding benefits under the 16
retirement system. The employer may not pay on behalf of an employee any of the 17
employee's share of the required contributions.
SB233, s. 88
70.11 (41s) of the statutes is created to read:
70.11 (41s) Wisconsin Quality Home Care Authority.
All property owned by 3
the Wisconsin Quality Home Care Authority, provided that use of the property is 4
primarily related to the purposes of the authority.
(be) Certain authorities.
Income of the University of Wisconsin 8
Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan 9
Authority, of the Wisconsin Quality Home Care Authority,
of the Fox River 10
Navigational System Authority, of the Wisconsin Economic Development 11
Corporation, and of the Wisconsin Aerospace Authority.
(a) This state or any agency thereof, the University of Wisconsin 17
Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health 18
Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care
the Wisconsin Economic Development Corporation, and the Fox River 20
Navigational System Authority.
(dm) "State agency" means any office, department, agency, 24
institution of higher education, association, society or other body in state 25
government created or authorized to be created by the constitution or any law which
is entitled to expend moneys appropriated by law, including the legislature and the 2
courts, the Wisconsin Housing and Economic Development Authority, the Bradley 3
Center Sports and Entertainment Corporation, the University of Wisconsin 4
Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities 5
Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care
the Wisconsin Economic Development Corporation, and the Fox River 7
Navigational System Authority.
(d) "State agency" means any office, department, agency, 11
institution of higher education, association, society, or other body in state 12
government created or authorized to be created by the constitution or any law, that 13
is entitled to expend moneys appropriated by law, including the legislature and the 14
courts, the Wisconsin Housing and Economic Development Authority, the Bradley 15
Center Sports and Entertainment Corporation, the University of Wisconsin 16
Hospitals and Clinics Authority, the Wisconsin Aerospace Authority,
17Quality Home Care Authority,
the Wisconsin Economic Development Corporation, 18
and the Wisconsin Health and Educational Facilities Authority, but excluding the 19
Health Insurance Risk-Sharing Plan Authority and the Lower Fox River 20
(b) School district and private school employees who voluntarily 24
request payment over a 12-month period for personal services performed during the 25
school year, unless, with respect to private school employees, the such
covered under a valid collective bargaining agreement which precludes this method 2
"All-union agreement" means an agreement between an employer 6other than the University of Wisconsin Hospitals and Clinics Authority
and the 7
representative of the employer's employees in a collective bargaining unit whereby 8
all or any of the employees in such unit are required to be members of a single labor 9
"Collective bargaining" means the negotiation by an employer and 13
a majority of the employer's employees in a collective bargaining unit, or their 14
representatives, concerning representation or terms and conditions of employment 15
of such employees, except as provided under ss. 111.05 (5) and 111.17 (2)
, in a 16
mutually genuine effort to reach an agreement with reference to the subject under 17
"Collective bargaining unit" means all of the employees of one 21
employer, employed within the state, except as provided in s. 111.05 (5) and (7) and 22
except that where a majority of the employees engaged in a single craft, division, 23
department or plant have voted by secret ballot as provided in s. 111.05 (2) to 24
constitute such group a separate bargaining unit they shall be so considered, but, in 25
appropriate cases, and to aid in the more efficient administration of ss. 111.01 to
111.19, the commission may find, where agreeable to all parties affected in any way 2
thereby, an industry, trade or business comprising more than one employer in an 3
association in any geographical area to be a "collective bargaining unit". A collective 4
bargaining unit thus established by the commission shall be subject to all rights by 5
termination or modification given by ss. 111.01 to 111.19 in reference to collective 6
bargaining units otherwise established under ss. 111.01 to 111.19. Two or more 7
collective bargaining units may bargain collectively through the same 8
representative where a majority of the employees in each separate unit have voted 9
by secret ballot as provided in s. 111.05 (2) so to do.
SB233, s. 98
111.02 (6) (am) of the statutes is created to read:
(am) "Employee" includes a child care provider certified under s. 12
48.651 and a child care provider licensed under s. 48.65 who provides care and 13
supervision for not more than 8 children who are not related to the child care 14
SB233, s. 99
111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.) 16
and amended to read:
(a) (intro.) "Employer" means a person who engages the services of 18
an employee, and includes a all of the following:
person acting on behalf of an employer within the scope of his or her 20
authority, express or implied.