46.2898(1)(cm)2.
2. Self-directs all or part of his or her home care services and is an employer listed on the provider's income tax forms.
46.2898(1)(cm)3.
3. Is eligible to receive a home care benefit under one of the following:
46.2898(1)(dm)
(dm) "Home care" means supportive home care, personal care, and other nonprofessional services of a type that may be covered under a medical assistance waiver under
42 USC 1396n (c) and that are provided to individuals to assist them in meeting their daily living needs, ensuring adequate functioning in their homes, and permitting safe access to their communities.
46.2898(1)(e)
(e) "Provider" means an individual who is hired by a consumer to provide home care to the consumer but does not include any of the following:
46.2898(1)(e)1.
1. A person, while he or she is providing services in the capacity of an employee of any of the following entities:
46.2898(1)(f)
(f) "Qualified provider" means a provider who meets the qualifications for payment through the Family Care Program under
s. 46.286, the Program for All-Inclusive Care for the Elderly operated under
42 USC 1396u-4, an amendment to the state medical assistance plan under
42 USC 1396n (j), or a medical assistance waiver program operated under a waiver from the secretary of the U.S. department of health and human services under
42 USC 1396n (c) or
42 USC 1396n (b) and (c) and any qualification criteria established in the rules promulgated under
sub. (7) and who the authority determines is eligible for placement on the registry maintained by the authority under
s. 52.20 (1).
46.2898(2)(a)(a) A county board of supervisors may require a county department under 46.215, 46.22, 46.23, 51.42, or 51.437 to follow procedures under this section and to pay providers in accordance with agreements under
subch. V of ch. 111.
46.2898(2)(b)
(b) If a county acts under
par. (a), it shall notify the department and the authority of its action.
46.2898(2)(c)
(c) A county that acts under
par. (a) shall compensate providers in accordance with any agreement under
subch. V of ch. 111 and make any payroll deductions authorized by such agreements.
46.2898(4)
(4) Duties of home care payors. Care management organizations, the state, and counties, as described under
sub. (1) (cm) 1. a. to
d., that pay for the provision of home care services to consumers shall provide to the authority the name, address, telephone number, date of hire, and date of termination of any provider hired by an individual receiving home care services.
46.2898(5)
(5) Duties of consumers. A consumer shall do all of the following:
46.2898(5)(a)
(a) Inform the authority of the name, address, telephone number, date of hire, and date of termination of any provider hired by the consumer to provide home care services.
46.2898(5)(b)
(b) Compensate providers in accordance with any collective bargaining agreement that applies to home care providers under
subch. V of ch. 111 and make any payroll deductions authorized by the agreement.
46.2898(6)(a)(a) A qualified provider providing home care services under this section shall be subject to the collective bargaining agreement that applies to home care providers under
subch. V of ch. 111.
46.2898(6)(b)
(b) A qualified provider may choose to be placed on the registry maintained by the authority under
s. 52.20 (1).
46.2898(7)
(7) Department rule-making. The department may promulgate rules defining terms, specifying which services constitute home care, establishing the qualification criteria that apply under
sub. (1) (f), and establishing procedures for implementation of this section.
46.2898 History
History: 2009 a. 28,
276.
46.29
46.29
Council on physical disabilities. 46.29(1)
(1) From the appropriation account under
s. 20.435 (7) (a), the department shall distribute at least $16,100 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:
46.29(1)(a)
(a) Develop, approve and continue modification of a state plan, for services to physically disabled persons, that encompasses services from the entities specified under
sub. (3).
46.29(1)(b)
(b) Request reports or other information from the entities specified under
sub. (3) concerning programs, funding, clients or services as they relate to physically disabled persons.
46.29(1)(c)
(c) Advise the secretary of the department and make recommendations, including recommendations for legislation, to the entities specified under
sub. (3) concerning funding, programs, policies and operations of those entities and other matters with respect to physically disabled persons.
46.29(1)(d)
(d) Encourage public understanding of the needs of and issues concerning physically disabled persons.
46.29(1)(e)
(e) Consider all questions and matters concerning physically disabled persons arising within the council or brought to the council for review.
46.29(1)(em)
(em) Approve educational material relating to the parking privileges of physically disabled persons for placement on vehicles as provided in
s. 346.94 (4). The council may delegate to a member of the council or an officer or employee of a state agency the authority granted under this paragraph.
46.29(1)(fm)
(fm) By April 15, 1996, and biennially thereafter, submit a report to the legislature under
s. 13.172 (2) concerning the time limitations imposed by any ordinances enacted under
s. 346.50 (3m) on spaces reserved for use by a motor vehicle used by a physically disabled person, including any recommended changes to
s. 346.50 (3m) and copies of any reports submitted from cities as required by
s. 346.50 (3m) (b) 5.
46.29(2)
(2) The council on physical disabilities may do all of the following:
46.29(2)(a)
(a) Report to the public concerning needs of physically disabled persons and issues that affect those persons.
46.29(2)(b)
(b) Promote programs related to the prevention of physical disability.
46.29(2)(c)
(c) Form committees for consideration of policies or programs for physically disabled persons.
46.29(3)
(3) All of the following shall maintain liaison with and periodically report to the council on physical disabilities concerning progress in achieving objectives in the state plan developed under
sub. (1) (a):
46.29(3)(a)
(a) The state superintendent of public instruction.
46.29(3)(c)
(c) The secretary of workforce development.
46.29(3)(d)
(d) The director of the office of state employment relations.
46.29(3)(g)
(g) The president of the University of Wisconsin System.
46.29(3)(h)
(h) The president of the technical college system board.
46.29(3)(i)
(i) The executive director of the board on aging and long-term care.
46.293
46.293
Specialized programs for the blind and visually impaired. The department shall provide rehabilitation teaching services for persons who are blind or visually impaired including elderly persons and young persons and their parents or guardians, regardless of their eligibility for vocational rehabilitation services. These services may include assessments of each client's service needs, development of an individual service plan, instruction in braille, training in orientation and movement in the person's home or neighborhood, counseling and guidance to increase the blind or visually impaired person's independence, instruction in the use of low-vision aids, personal and home management training and instruction in leisure activities. In conjunction with the provision of these services the department shall:
46.293(1)
(1) Work with blind and visually impaired persons, in a setting appropriate to each individual, to form rehabilitation plans for independent living to enable them to increase their self-reliance.
46.293(2)
(2) Assist blind and visually impaired persons in physical orientation and personal adjustment.
46.293 History
History: 1995 a. 27 ss.
2270,
2413; Stats. 1995 s. 46.293.
46.295
46.295
Interpreters for the hearing-impaired. 46.295(1)
(1) The department may, on the request of any hearing-impaired person, city, village, town, or county or private agency, provide funds from the appropriation accounts under
s. 20.435 (7) (d) and
(hs) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.
46.295(2)
(2) The department shall grant priority to requests to pay fees charged by interpreters for the following, in the following order:
46.295(2)(b)
(b) Medical, mental health, alcohol and drug abuse, psychiatric and psychological services.
46.295(2)(c)
(c) Legal services and civil court proceedings.
46.295(2)(d)
(d) Matters concerning law enforcement personnel.
46.295(2)(e)
(e) Matters concerning any federal, state, county or municipal agency.
46.295(4)
(4) The department may use as an interpreter for hearing-impaired persons only the following:
46.295(4)(a)
(a) An interpreter for hearing-impaired persons who is certified by the national registry of interpreters for the deaf.
46.295(4)(b)
(b) If an interpreter under
par. (a) is unavailable, an interpreter for hearing-impaired persons whose qualifications have been determined appropriate by the department.
46.295(5)
(5) The department may bill any public or private agency at the rates established by the department for interpreter services for hearing-impaired persons commensurate with the certification or qualification level of the interpreter providing services if the department determines that the agency is required under state or federal law to provide interpreter services to a hearing-impaired person or if the agency agrees to pay for the services.
46.295(6)
(6) The department shall promulgate rules to implement this section.
46.295 History
History: 1995 a. 27 ss.
2271,
2417; Stats. 1995 s. 46.295;
2003 a. 33;
2009 a. 28.
46.295 Cross-reference
Cross-reference: See also ch.
DHS 77, Wis. adm. code.
46.297
46.297
Telecommunication aid for the hearing impaired. 46.297(1)(1)
Assistance. From the appropriation under
s. 20.435 (7) (d), the department shall, subject to the availability of funds, provide assistance to hearing-impaired persons to secure telecommunication devices capable of serving their needs. Except in extraordinary circumstances, the department shall purchase or provide funds for the purchase of telecommunication devices.
46.297(2)
(2) Eligibility. A person is eligible to receive assistance under
sub. (1) if all of the following conditions are met:
46.297(2)(a)
(a) The person is certified as deaf or severely hearing impaired by a physician, an audiologist licensed under
subch. II of ch. 459 or the department.
46.297(2)(b)
(b) The adjusted gross income of the person's family is equal to or less than 200% of the poverty line established under
42 USC 9902 (2).
46.297(3)
(3) Hearing rights. Any person aggrieved by a decision of the department under this section has a right to a contested case hearing under
ch. 227.
46.297(4)
(4) Departmental duties. The department shall:
46.297(4)(a)
(a) Promulgate rules necessary for the administration of this section.
46.297(4)(b)
(b) Establish application procedures and determine eligibility.
46.297 History
History: 1983 a. 427; Stats. 1983 s. 46.90;
1983 a. 538 s.
51; Stats. 1983 s. 46.92;
1987 a. 27;
1987 a. 257 s.
2;
1989 a. 173 s.
3; Stats. 1989 s. 47.20;
1989 a. 316;
1995 a. 27 s.
2421; Stats. 1995 s. 46.297.
46.297 Cross-reference
Cross-reference: See also ch.
DHS 77,
78, and
143, Wis. adm. code.
46.298
46.298
Vehicle sticker for the hearing impaired. Upon the request of a person who is certified as hearing impaired by the department, by a physician, by a hearing instrument specialist licensed under
subch. I of ch. 459 or by an audiologist licensed under
subch. II of ch. 459, the department shall issue to the person a decal or sticker for display on a motor vehicle owned or frequently operated by the person to apprise law enforcement officers of the fact that the vehicle is owned or operated by a hearing-impaired person. No charge shall be made for issuance of the decal or sticker. The department shall specify the design of the decal or sticker. The department shall designate the location on the vehicle at which the decal or sticker shall be affixed by its own adhesive.
46.298 History
History: 1987 a. 257;
1989 a. 31;
1989 a. 173 s.
4; Stats. 1989 s. 47.25;
1989 a. 316;
1995 a. 27 s.
2422; Stats. s. 46.298.
46.33
46.33
Employee counseling referral programs. The department may provide technical assistance to municipalities, counties, school districts and private employers for referral programs for employee counseling. The department may charge fees to cover the costs of these services.
46.33 History
History: 1989 a. 31.
