c. A company or agency providing supportive home care.
d. An independent living center, as defined in s. 46.96 (1) (ah).
e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or 23
2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her 25
(f) "Qualified provider" means a provider who meets the qualifications for 2
payment through the Family Care Program under s. 46.286, the Program for 3
All-Inclusive Care for the Elderly operated under 42 USC 1396u-4
, an amendment 4
to the state medical assistance plan under 42 USC 1396n
(j), or a medical assistance 5
waiver program operated under a waiver from the secretary of the U.S. department 6
of health and human services under 42 USC 1396n
(c) or 42 USC 1396n
(b) and (c) 7
and any qualification criteria established in the rules promulgated under sub. (7) 8
and who the authority determines is eligible for placement on the registry 9
maintained by the authority under s. 52.20 (1).
10(2) County participation.
(a) A county board of supervisors may require a 11
county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to follow 12
procedures under this section and to pay providers in accordance with agreements 13
under subch. V of ch. 111.
(b) If a county acts under par. (a), it shall notify the department and the 15
authority of its action.
(c) A county that acts under par. (a) shall compensate providers in accordance 17
with any agreement under subch. V of ch. 111 and make any payroll deductions 18
authorized by such agreements.
19(4) Duties of home care payors.
Care management organizations, the state, 20
and counties, as described under sub. (1) (cm) 1. a. to d., that pay for the provision 21
of home care services to consumers shall provide to the authority the name, address, 22
telephone number, date of hire, and date of termination of any provider hired by an 23
individual receiving home care services.
24(5) Duties of consumers.
A consumer shall do all of the following:
(a) Inform the authority of the name, address, telephone number, date of hire, 2
and date of termination of any provider hired by the consumer to provide home care 3
(b) Compensate providers in accordance with any collective bargaining 5
agreement that applies to home care providers under subch. V of ch. 111 and make 6
any payroll deductions authorized by the agreement.
(a) A qualified provider providing home care services under this 8
section shall be subject to the collective bargaining agreement that applies to home 9
care providers under subch. V of ch. 111.
(b) A qualified provider may choose to be placed on the registry maintained by 11
the authority under s. 52.20 (1).
12(7) Department rule-making.
The department may promulgate rules defining 13
terms, specifying which services constitute home care, establishing the qualification 14
criteria that apply under sub. (1) (f), and establishing procedures for implementation 15
of this section.
SB233, s. 77
46.48 (9m) of the statutes is created to read:
46.48 (9m) Quality home care.
The department shall award a grant to the 18
Wisconsin Quality Home Care Authority for the purpose of providing services to 19
recipients and providers of home care under s. 46.2898 and ch. 52 and may award 20
grants to counties to facilitate transition to procedures established under s. 46.2898.
SB233, s. 78
49.825 (3) (b) 4. of the statutes is created to read:
(b) 4. The department may enter into a memorandum of 23
understanding, as described under s. 111.70 (3m), with the certified representative 24
of the county employees performing services under this section for the unit. If there 25
is a dispute as to hours or conditions of employment that remains between the
department and the certified representative after a good faith effort to resolve it, the 2
department may unilaterally resolve the dispute.
SB233, s. 79
49.826 (3) (b) 4. of the statutes is created to read:
(b) 4. The department may enter into a memorandum of 5
understanding, as described under s. 111.70 (3p), with the certified representative 6
of the county employees performing services under this section in the county for the 7
unit. If there is a dispute as to hours or conditions of employment that remains 8
between the department and the certified representative after a good faith effort to 9
resolve it, the department may unilaterally resolve the dispute.
SB233, s. 80
Chapter 52 of the statutes is created to read:
QUALITY HOME CARE
In this chapter:
"Authority" means the Wisconsin Quality Home Care Authority.
"Board" means the board of directors of the authority.
"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.