Amendment ASA1-SB40

SB40-ASA1, s. 841 Section 841. 46.286 (3) (a) 3m. of the statutes is created to read:

SB40-ASA1,553,7 46.286 (3) (a) 3m. The person is functionally eligible under sub. (1) (a).

SB40-ASA1, s. 842 Section 842. 46.286 (3) (a) 4. of the statutes is repealed.

SB40-ASA1, s. 843 Section 843. 46.286 (3) (a) 6. of the statutes is repealed.

SB40-ASA1, s. 844 Section 844. 46.286 (3) (d) of the statutes is repealed.

SB40-ASA1, s. 845 Section 845. 46.286 (3m) of the statutes is repealed and recreated to read:

SB40-ASA1,553,13 46.286 (3m) Information about enrollees. The department shall obtain and share information about family care enrollees as provided in s. 49.475.

SB40-ASA1, s. 846 Section 846. 46.288 (2) (intro.) of the statutes is amended to read:

SB40-ASA1,553,21 46.288 (2) (intro.) Criteria and procedures for determining functional eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under s. 46.286 (2) (a) and entitlement under s. 46.286 (3). The rules for determining functional eligibility under s. 46.286 (1) (a) 1. a. shall be substantially similar to eligibility criteria for receipt of the long-term support community options program under s. 46.27. Rules under this subsection shall include definitions of the following terms applicable to s. 46.286:

SB40-ASA1, s. 847 Section 847. 46.289 (title) of the statutes is renumbered 46.2803 (title).

SB40-ASA1, s. 848 Section 848. 46.289 of the statutes is renumbered 46.2803 (1).

SB40-ASA1, s. 849 Section 849. 46.2895 (title) of the statutes is amended to read:

SB40-ASA1,553,25 46.2895 (title) Family Long-term care district.

SB40-ASA1, s. 850 Section 850. 46.2895 (1) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,554,8 46.2895 (1) Creation. (a) (intro.) A county board of supervisors, a tribe or band, or any combination of counties or tribes or bands, may create a special purpose district that is termed a "family long-term care district", that is a local unit of government, that is separate and distinct from, and independent of, the state and the county or tribe or band that created it, and that has the powers and duties specified in this section, if the each county board or tribe or band that participates in creating the district does all of the following:

SB40-ASA1, s. 851 Section 851. 46.2895 (1) (a) 1. a. of the statutes is amended to read:

SB40-ASA1,554,11 46.2895 (1) (a) 1. a. Declares the need for establishing the family long-term care district.

SB40-ASA1, s. 852 Section 852. 46.2895 (1) (a) 1. b. of the statutes is amended to read:

SB40-ASA1,554,16 46.2895 (1) (a) 1. b. Specifies the family long-term care district's primary purpose, which shall be to operate, under contract with the department, either a resource center under s. 46.283 or, a care management organization under s. 46.284, but not both, or a program described under s. 46.2805 (1) (a) or (b).

SB40-ASA1, s. 853 Section 853. 46.2895 (1) (a) 1. c. of the statutes is created to read:

SB40-ASA1,554,21 46.2895 (1) (a) 1. c. Specifies the number of individuals who shall be appointed as members of the long-term care district board, the length of their terms, and, if the long-term care district is created by more than one county or tribe or band, how many members shall be appointed by each county or tribe or band.

SB40-ASA1, s. 854 Section 854. 46.2895 (1) (b) of the statutes is repealed.

SB40-ASA1, s. 855 Section 855. 46.2895 (1) (c) of the statutes is created to read:

SB40-ASA1,555,3 46.2895 (1) (c) A long-term care district may not operate a care management organization under s. 46.284 or a program described under s. 46.2805 (1) (a) or (b) if the district operates a resource center under s. 46.283.

SB40-ASA1, s. 856 Section 856. 46.2895 (1) (d) of the statutes is created to read:

SB40-ASA1,555,6 46.2895 (1) (d) A county or tribe or band may create more than one long-term care district.

SB40-ASA1, s. 857 Section 857. 46.2895 (1) (e) of the statutes is created to read:

SB40-ASA1,555,13 46.2895 (1) (e) A long-term care district may change its primary purpose specified under par. (a) 1. b. if all the counties or tribes or bands that created the district and that have not withdrawn or been removed from the district under sub. (14), adopt a resolution approving the change in primary purpose and if the change in purpose does not violate par. (c) or any provision of a contract between the department and the district.

SB40-ASA1, s. 858 Section 858. 46.2895 (2) of the statutes is amended to read:

SB40-ASA1,555,19 46.2895 (2) Jurisdiction. A family long-term care district's jurisdiction is the geographical area of the county or counties of the county board or boards of supervisors who that created the family long-term care district and the geographic area of the reservation of, or lands held in trust for, any tribe or band that created the long-term care district.

SB40-ASA1, s. 859 Section 859. 46.2895 (3) (title) of the statutes is amended to read:

SB40-ASA1,555,21 46.2895 (3) (title) Family Long-term care district board.

SB40-ASA1, s. 860 Section 860. 46.2895 (3) (a) 1. of the statutes is renumbered 46.2895 (3) (a) and amended to read:

SB40-ASA1,556,3 46.2895 (3) (a) The county board of supervisors of a county or, in a county with a county administrator or county executive, the county administrator or county executive shall appoint the members of the family long-term care district board, which is the governing board of a family care district under sub. (1) (a) members whom the county is allotted, by resolutions adopted under sub. (1) (a) 1. c., to appoint.

SB40-ASA1, s. 861 Section 861. 46.2895 (3) (a) 2. of the statutes is repealed.

SB40-ASA1, s. 862 Section 862. 46.2895 (3) (b) 1. of the statutes is amended to read:

SB40-ASA1,556,11 46.2895 (3) (b) 1. The family care district board appointed under par. (a) 1. shall consist of 15 persons who are residents of the area of jurisdiction of the family care district. At least one-fourth of the members of a long-term care district board shall be representative of the client group or groups whom it is the family long-term care district's primary purpose to serve or those clients' family members, guardians, or other advocates.

SB40-ASA1, s. 863 Section 863. 46.2895 (3) (b) 2. of the statutes is repealed.

SB40-ASA1, s. 864 Section 864. 46.2895 (3) (b) 3. of the statutes is amended to read:

SB40-ASA1,556,18 46.2895 (3) (b) 3. Membership of the family a long-term care district board under subd. 1. or 2. shall reflect the ethnic and economic diversity of in the area of jurisdiction of the family long-term care district. Up to one-fourth of the members of the board may be elected or appointed officials or employees of the county or counties that created the family care district.

SB40-ASA1,556,21 4. No member of the a long-term care district board may have a private financial interest in or profit directly or indirectly from any contract or other business of the family long-term care district.

SB40-ASA1, s. 865 Section 865. 46.2895 (3) (b) 5. of the statutes is created to read:

SB40-ASA1,556,24 46.2895 (3) (b) 5. Only individuals who reside within the jurisdiction of a long-term care district may serve as members of the long-term care district board.

SB40-ASA1, s. 866 Section 866. 46.2895 (3) (c) of the statutes is repealed.

SB40-ASA1, s. 867 Section 867. 46.2895 (3) (d) of the statutes is amended to read:

SB40-ASA1,557,9 46.2895 (3) (d) As soon as possible after the appointment of the initial members of the family long-term care district board, the board shall organize for the transaction of business and elect a chairperson and other necessary officers. Each chairperson shall be elected by the board from time to time for the term of that chairperson's office as a member of the board or for the term of 3 years, whichever is shorter, and shall be eligible for reelection. A majority of the board shall constitute a quorum. The Unless specified otherwise in a bylaw adopted by the board, the board may act based on the affirmative vote of a majority of a quorum.

SB40-ASA1, s. 868 Section 868. 46.2895 (4) (intro.) of the statutes is amended to read:

SB40-ASA1,557,14 46.2895 (4) Powers. (intro.) Subject to sub. (1) (a) 1. b. (c), a family long-term care district has all the powers necessary or convenient to carry out the purposes and provisions of ss. 46.2805 to 46.2895. In addition to all these powers, a family long-term care district may do all of the following:

SB40-ASA1, s. 869 Section 869. 46.2895 (4) (b) of the statutes is amended to read:

SB40-ASA1,557,19 46.2895 (4) (b) Adopt bylaws and policies and procedures for the regulation of its affairs and the conduct of its business. The bylaws, policies and procedures shall be consistent with ss. 46.2805 to 46.2895 and, if the family long-term care district contracts with the department under par. (d) or (dm), with the terms of that contract.

SB40-ASA1, s. 870 Section 870. 46.2895 (4) (dm) of the statutes is created to read:

SB40-ASA1,557,23 46.2895 (4) (dm) Subject to sub. (1) (c), enter into a contract with the department to operate a program described under s. 46.2805 (1) (a) or (b) and provide services related to the contracted services.

SB40-ASA1, s. 871 Section 871. 46.2895 (4) (g) of the statutes is amended to read:

SB40-ASA1,558,5 46.2895 (4) (g) Subject to sub. (8), employ any agent, employee, or special adviser that the family long-term care district finds necessary, fix and regulate his or her compensation and provide, either directly or subject to an agreement under s. 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.

SB40-ASA1, s. 872 Section 872. 46.2895 (4) (h) of the statutes is amended to read:

SB40-ASA1,558,8 46.2895 (4) (h) Mortgage, pledge or otherwise encumber the family long-term care district's property or funds.

SB40-ASA1, s. 873 Section 873. 46.2895 (4) (k) of the statutes is amended to read:

SB40-ASA1,558,12 46.2895 (4) (k) Create a risk reserve or other special reserve as the family long-term care district board desires or as the department requires under the contract with the department that is specified under par. (d).

SB40-ASA1, s. 874 Section 874. 46.2895 (4) (L) of the statutes is amended to read:

SB40-ASA1,558,18 46.2895 (4) (L) Accept aid, including loans, to accomplish the purpose of the family long-term care district from any local, state or federal governmental agency or accept gifts, loans, grants or bequests from individuals or entities, if the conditions under which the aid, loan, gift, grant or bequest is furnished are not in conflict with this section.

SB40-ASA1, s. 875 Section 875. 46.2895 (4) (m) of the statutes is amended to read:

SB40-ASA1,558,21 46.2895 (4) (m) Make and execute other instruments necessary or convenient to exercise the powers of the family long-term care district.

SB40-ASA1, s. 876 Section 876. 46.2895 (5) of the statutes is amended to read:

SB40-ASA1,558,24 46.2895 (5) Limitation on powers. A family long-term care district may not issue bonds or levy a tax or assessment.

SB40-ASA1, s. 877 Section 877. 46.2895 (6) (intro.) of the statutes is amended to read:

SB40-ASA1,559,2 46.2895 (6) Duties. (intro.) The family long-term care district board shall do all of the following:

SB40-ASA1, s. 878 Section 878. 46.2895 (6) (b) of the statutes is amended to read:

SB40-ASA1,559,6 46.2895 (6) (b) Subject to sub. (8), develop and implement a personnel structure and other employment policies for employees of the family long-term care district.

SB40-ASA1, s. 879 Section 879. 46.2895 (6) (c) of the statutes is amended to read:

SB40-ASA1,559,9 46.2895 (6) (c) Assure compliance with the terms of any contract with the department under sub. (4) (d) or (dm).

SB40-ASA1, s. 880 Section 880. 46.2895 (6) (d) of the statutes is amended to read:

SB40-ASA1,559,12 46.2895 (6) (d) Establish a fiscal operating year and annually adopt a budget for the family long-term care district.

SB40-ASA1, s. 881 Section 881. 46.2895 (6) (e) of the statutes is amended to read:

SB40-ASA1,559,15 46.2895 (6) (e) Contract for any legal services required for the family long-term care district.

SB40-ASA1, s. 882 Section 882. 46.2895 (7) (a) of the statutes is amended to read:

SB40-ASA1,559,19 46.2895 (7) (a) Manage the property and business of the family long-term care district and manage the employees of the district, subject to the general control of the family long-term care district board.

SB40-ASA1, s. 883 Section 883. 46.2895 (7) (b) of the statutes is amended to read:

SB40-ASA1,559,22 46.2895 (7) (b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the family long-term care district board.

SB40-ASA1, s. 884 Section 884. 46.2895 (7) (c) of the statutes is amended to read:

SB40-ASA1,559,25 46.2895 (7) (c) Perform duties in addition to those specified in pars. (a) and (b) as are prescribed by the family long-term care district board.

SB40-ASA1, s. 885 Section 885. 46.2895 (8) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,560,3 46.2895 (8) (a) (intro.) A family long-term care district board that is created at least in part by a county shall do all of the following:

SB40-ASA1, s. 886 Section 886. 46.2895 (8) (a) 1. of the statutes is amended to read:

SB40-ASA1,560,20 46.2895 (8) (a) 1. If the family long-term care district offers employment to any individual who was previously employed by the a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district and whose wages, hours and conditions of employment were established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date that the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's compensation and benefits wages and, if applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal day allowance, or paid time off allowance until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

SB40-ASA1, s. 887 Section 887. 46.2895 (8) (a) 2. of the statutes is repealed.

SB40-ASA1, s. 888 Section 888. 46.2895 (8) (a) 3. of the statutes is amended to read:

SB40-ASA1,561,6 46.2895 (8) (a) 3. If the family long-term care district offers employment to any individual who was previously employed by the a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, with respect to that individual, recognize all years of service with the county for any benefit provided or program operated by the district for which an employee's years of service may affect the provision of the benefit or the operation of the program.

SB40-ASA1, s. 889 Section 889. 46.2895 (8) (a) 4. of the statutes is amended to read:

SB40-ASA1,561,13 46.2895 (8) (a) 4. If the county has not established its own retirement system for county employees, adopt a resolution that the family long-term care district be included within the provisions of the Wisconsin retirement system under s. 40.21 (1). In this resolution, the family long-term care district shall agree to recognize 100% of the prior creditable service of its employees earned by the employees while employed by the district.