SB233, s. 73 9Section 73. 40.95 (1) (a) 2. of the statutes, as affected by 2011 Wisconsin Act
1010
, is amended to read:
SB233,34,1211 40.95 (1) (a) 2. The employee has his or her compensation established in a
12collective bargaining agreement under subch. V or VI of ch. 111.
SB233, s. 74 13Section 74. 46.284 (4) (m) of the statutes is created to read:
SB233,34,1714 46.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in
15accordance with any agreement under subch. V of ch. 111 relating to a provider hired
16directly by an enrollee and make any payroll deductions authorized by those
17agreements.
SB233, s. 75 18Section 75. 46.2895 (8) (a) 1. of the statutes, as affected by 2011 Wisconsin Act
1910
, is amended to read:
SB233,35,920 46.2895 (8) (a) 1. If the long-term care district offers employment to any
21individual who was previously employed by a county, which participated in creating
22the district and at the time of the offer had not withdrawn or been removed from the
23district under sub. (14), and who while employed by the county performed duties
24relating to the same or a substantially similar function for which the individual is
25offered employment by the district and whose wages, hours, and conditions of

1employment
were established in a collective bargaining agreement with the county
2under subch. IV of ch. 111 that is in effect on the date that the individual commences
3employment with the district, with respect to that individual, abide by the terms of
4the collective bargaining agreement concerning the individual's wages and, if
5applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday
6allowance, funeral leave allowance, personal day allowance, or paid time off
7allowance
until the time of the expiration of that collective bargaining agreement or
8adoption of a collective bargaining agreement with the district under subch. IV of ch.
9111 covering the individual as an employee of the district, whichever occurs first.
SB233, s. 76 10Section 76. 46.2898 of the statutes is created to read:
SB233,35,11 1146.2898 Quality home care. (1) Definitions. In this section:
SB233,35,1212 (a) "Authority" means the Wisconsin Quality Home Care Authority.
SB233,35,1313 (b) "Care management organization" has the meaning given in s. 46.2805 (1).
SB233,35,1514 (cm) "Consumer" means an adult who receives home care services and who
15meets all of the following criteria:
SB233,35,1616 1. Is a resident of any of the following:
SB233,35,1717 a. A county that has acted under sub. (2) (a).
SB233,35,1818 b. A county in which the Family Care Program under s. 46.286 is available.
SB233,35,2019 c. A county in which the Program of All-Inclusive Care for the Elderly under
2042 USC 1396u-4 is available.
SB233,35,2321d. A county in which the self-directed services option program under 42 USC
221396n
(c) is available or in which a program operated under an amendment to the
23state medical assistance plan under 42 USC 1396n (j) is available.
SB233,35,2524 2. Self-directs all or part of his or her home care services and is an employer
25listed on the provider's income tax forms.
SB233,36,1
13. Is eligible to receive a home care benefit under one of the following:
SB233,36,22 a. The Family Care Program under s. 46.286.
SB233,36,33b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.
SB233,36,64 c. A program operated under a waiver from the secretary of the federal
5department of health and human services under 42 USC 1396n (c) or 42 USC 1396n
6(b) and (c) or the self-directed services option operated under 42 USC 1396n (c).
SB233,36,87 d. A program operated under an amendment to the state medical assistance
8plan under 42 USC 1396n (j).
SB233,36,139 (dm) "Home care" means supportive home care, personal care, and other
10nonprofessional services of a type that may be covered under a medical assistance
11waiver under 42 USC 1396n (c) and that are provided to individuals to assist them
12in meeting their daily living needs, ensuring adequate functioning in their homes,
13and permitting safe access to their communities.
SB233,36,1514 (e) "Provider" means an individual who is hired by a consumer to provide home
15care to the consumer but does not include any of the following:
SB233,36,1716 1. A person, while he or she is providing services in the capacity of an employee
17of any of the following entities:
SB233,36,1818 a. A home health agency licensed under s. 50.49.
SB233,36,1919 b. A personal care provider agency.
SB233,36,2020 c. A company or agency providing supportive home care.
SB233,36,2121 d. An independent living center, as defined in s. 46.96 (1) (ah).
SB233,36,2322 e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or
2351.437.
SB233,36,2524 2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her
25professional capacity.
SB233,37,9
1(f) "Qualified provider" means a provider who meets the qualifications for
2payment through the Family Care Program under s. 46.286, the Program for
3All-Inclusive Care for the Elderly operated under 42 USC 1396u-4, an amendment
4to the state medical assistance plan under 42 USC 1396n (j), or a medical assistance
5waiver program operated under a waiver from the secretary of the U.S. department
6of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c)
7and any qualification criteria established in the rules promulgated under sub. (7)
8and who the authority determines is eligible for placement on the registry
9maintained by the authority under s. 52.20 (1).
SB233,37,13 10(2) County participation. (a) A county board of supervisors may require a
11county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to follow
12procedures under this section and to pay providers in accordance with agreements
13under subch. V of ch. 111.
SB233,37,1514 (b) If a county acts under par. (a), it shall notify the department and the
15authority of its action.
SB233,37,1816 (c) A county that acts under par. (a) shall compensate providers in accordance
17with any agreement under subch. V of ch. 111 and make any payroll deductions
18authorized by such agreements.
SB233,37,23 19(4) Duties of home care payors. Care management organizations, the state,
20and counties, as described under sub. (1) (cm) 1. a. to d., that pay for the provision
21of home care services to consumers shall provide to the authority the name, address,
22telephone number, date of hire, and date of termination of any provider hired by an
23individual receiving home care services.
SB233,37,24 24(5) Duties of consumers. A consumer shall do all of the following:
SB233,38,3
1(a) Inform the authority of the name, address, telephone number, date of hire,
2and date of termination of any provider hired by the consumer to provide home care
3services.
SB233,38,64 (b) Compensate providers in accordance with any collective bargaining
5agreement that applies to home care providers under subch. V of ch. 111 and make
6any payroll deductions authorized by the agreement.
SB233,38,9 7(6) Providers. (a) A qualified provider providing home care services under this
8section shall be subject to the collective bargaining agreement that applies to home
9care providers under subch. V of ch. 111.
SB233,38,1110 (b) A qualified provider may choose to be placed on the registry maintained by
11the authority under s. 52.20 (1).
SB233,38,15 12(7) Department rule-making. The department may promulgate rules defining
13terms, specifying which services constitute home care, establishing the qualification
14criteria that apply under sub. (1) (f), and establishing procedures for implementation
15of this section.
SB233, s. 77 16Section 77. 46.48 (9m) of the statutes is created to read:
SB233,38,2017 46.48 (9m) Quality home care. The department shall award a grant to the
18Wisconsin Quality Home Care Authority for the purpose of providing services to
19recipients and providers of home care under s. 46.2898 and ch. 52 and may award
20grants to counties to facilitate transition to procedures established under s. 46.2898.
SB233, s. 78 21Section 78. 49.825 (3) (b) 4. of the statutes is created to read:
SB233,39,222 49.825 (3) (b) 4. The department may enter into a memorandum of
23understanding, as described under s. 111.70 (3m), with the certified representative
24of the county employees performing services under this section for the unit. If there
25is a dispute as to hours or conditions of employment that remains between the

1department and the certified representative after a good faith effort to resolve it, the
2department may unilaterally resolve the dispute.
SB233, s. 79 3Section 79. 49.826 (3) (b) 4. of the statutes is created to read:
SB233,39,94 49.826 (3) (b) 4. The department may enter into a memorandum of
5understanding, as described under s. 111.70 (3p), with the certified representative
6of the county employees performing services under this section in the county for the
7unit. If there is a dispute as to hours or conditions of employment that remains
8between the department and the certified representative after a good faith effort to
9resolve it, the department may unilaterally resolve the dispute.
SB233, s. 80 10Section 80. Chapter 52 of the statutes is created to read:
SB233,39,1111 CHAPTER 52
SB233,39,1212 QUALITY HOME CARE
SB233,39,13 1352.01 Definitions. In this chapter:
SB233,39,14 14(1) "Authority" means the Wisconsin Quality Home Care Authority.
SB233,39,15 15(2) "Board" means the board of directors of the authority.
SB233,39,16 16(3) "Care management organization" has the meaning given in s. 46.2805 (1).
SB233,39,17 17(3m) "Consumer" has the meaning given in s. 46.2898 (1) (cm).
SB233,39,18 18(4) "Department" means the department of health services.
SB233,39,19 19(5) "Family Care Program" means the benefit program described in s. 46.286.
SB233,39,21 20(6) "Home care provider" means an individual who is a qualified provider under
21s. 46.2898 (1) (f).
SB233,39,24 22(7) "Medical assistance waiver program" means a program operated under a
23waiver from the secretary of the U.S. department of health and human services
24under 42 USC 1396n (c) or 42 USC 1396n (b) and (c).
SB233,40,2
1(8) "Program of All-Inclusive Care for the Elderly" means the program
2operated under 42 USC 1396u-4.
SB233,40,6 352.05 Creation and organization of authority. (1) Creation and
4membership of board.
There is created a public body corporate and politic to be
5known as the "Wisconsin Quality Home Care Authority." The members of the board
6shall consist of the following members:
SB233,40,77 (a) The secretary of the department of health services or his or her designee.
SB233,40,98 (b) The secretary of the department of workforce development or his or her
9designee.
SB233,40,1010 (c) The following, to be appointed by the governor to serve 3-year terms:
SB233,40,1111 1. One representative from the state assembly.
SB233,40,1212 2. One representative from the state senate.
SB233,40,1313 3. One representative of care management organizations.
SB233,40,1614 4. One representative of county departments, under s. 46.215, 46.22, 46.23,
1551.42, or 51.437, selected from counties where the Family Care Program is not
16available.
SB233,40,1717 5. One representative of the board for people with developmental disabilities.
SB233,40,1818 6. One representative of the council on physical disabilities.
SB233,40,1919 7. One representative of the council on mental health.
SB233,40,2020 8. One representative of the board on aging and long-term care.
SB233,40,2321 9. Eleven individuals, each of whom is a current or former recipient of home
22care services through the Family Care Program or a medical assistance waiver
23program or an advocate for or representative of consumers of home care services.
SB233,40,25 24(3) Chairperson. Annually, the governor shall appoint one member of the
25board to serve as the chairperson.
SB233,41,5
1(4) Executive committee. (a) The board shall elect an executive committee.
2The executive committee shall consist of the chair of the board, the secretary of the
3department of health services or his or her designee, the secretary of the department
4of workforce development or his or her designee, and 3 persons selected from board
5members appointed under sub. (1) (c) 9.
SB233,41,66 (b) The executive committee may do the following:
SB233,41,87 1. Hire an executive director who is not a member of the board and serves at
8the pleasure of the board.
SB233,41,99 2. Hire employees to carry out the duties of the authority.
SB233,41,1010 3. Engage in contracts for services to carry out the duties of the authority.
SB233,41,12 11(5) Terms. The terms of members of the board appointed under sub. (1) (c) shall
12expire on July 1.
SB233,41,17 13(6) Quorum. A majority of the members of the board constitutes a quorum for
14the purpose of conducting its business and exercising its powers and for all other
15purposes, notwithstanding the existence of any vacancies. Action may be taken by
16the board upon a vote of a majority of the members present. Meetings of the members
17of the board may be held anywhere within the state.
SB233,41,24 18(7) Vacancies. Each member of the board shall hold office until a successor is
19appointed and qualified unless the member vacates or is removed from his or her
20office. A member who serves as a result of holding another office or position vacates
21his or her office as a member when he or she vacates the other office or position. A
22member who ceases to qualify for office vacates his or her office. A vacancy on the
23board shall be filled in the same manner as the original appointment to the board for
24the remainder of the unexpired term, if any.
SB233,42,4
1(8) Compensation. The members of the board are not entitled to compensation
2for the performance of their duties. The authority may reimburse members of the
3board for actual and necessary expenses incurred in the discharge of their official
4duties as provided by the board.
SB233,42,7 5(9) Employment of board member. It is not a conflict of interest for a board
6member to engage in private or public employment or in a profession or business,
7except to the extent prohibited by law, while serving as a member of the board.
SB233,42,11 852.10 Powers of authority. The authority shall have all the powers
9necessary or convenient to carry out the purposes and provisions of this chapter and
10s. 46.2898. In addition to all other powers granted the authority under this chapter,
11the authority may:
SB233,42,13 12(1) Adopt policies and procedures to govern its proceedings and to carry out its
13duties as specified in this chapter.
SB233,42,15 14(2) Employ, appoint, engage, compensate, transfer, or discharge necessary
15personnel.
SB233,42,17 16(3) Make or enter into contracts, including contracts for the provision of legal
17or accounting services.
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