SB40-SSA1, s. 1000 8Section 1000. 46.284 (6) of the statutes is amended to read:
SB40-SSA1,550,169 46.284 (6) Governing board. A care management organization shall have a
10governing board that reflects the ethnic and economic diversity of the geographic
11area served by the care management organization. At least one-fourth of the
12members of the governing board shall be older persons or persons with physical or
13developmental disabilities or their family members, guardians or other advocates
14who are
representative of the client group or groups whom the care management
15organization's enrollee organization is contracted to serve or those clients' family
16members, guardians, or other advocates
.
SB40-SSA1, s. 1001 17Section 1001. 46.285 (1) of the statutes is renumbered 46.285, and 46.285
18(intro.), (1) and (2), as renumbered, are amended to read:
SB40-SSA1,550,23 1946.285 (intro.) In order to meet federal requirements and assure federal
20financial participation in funding of the family care benefit, a county, a tribe or band,
21a family long-term care district or an organization, including a private, nonprofit
22corporation, may not directly operate both a resource center and a care management
23organization, except as follows:
SB40-SSA1,551,2 24(1) For an entity with which the department has contracted under s. 46.281 (1)
25(e) 1., 2005 stats., provision of the services specified under s. 46.283 (3) (b), (e), (f) and

1(g) shall be structurally separate from the provision of services of the care
2management organization by January 1, 2001.
SB40-SSA1,551,6 3(2) The department may approve separation of the functions of a resource
4center from those of a care management organization by a means other than those
5specified in sub. (2)
creating a long-term care district under s. 46.2895 to serve either
6as a resource center or a care management organization
.
SB40-SSA1, s. 1002 7Section 1002. 46.285 (2) of the statutes is repealed.
SB40-SSA1, s. 1003 8Section 1003. 46.286 (1) (intro.) of the statutes is amended to read:
SB40-SSA1,551,139 46.286 (1) Eligibility. (intro.) A person is eligible for, but not necessarily
10entitled to, the family care benefit if the person is at least 18 years of age; has a
11physical disability, as defined in s. 15.197 (4) (a) 2., or a developmental disability, as
12defined in s. 51.01 (5) (a), or degenerative brain disorder, as defined in s. 55.01 (1v)
13is a frail elder; and meets all of the following criteria:
SB40-SSA1, s. 1004 14Section 1004. 46.286 (1) (a) 1. of the statutes is amended to read:
SB40-SSA1,551,1615 46.286 (1) (a) 1. The person's functional capacity level of care need is at either
16of the following levels:
SB40-SSA1,551,1917 a. The comprehensive nursing home level, if the person has a long-term or
18irreversible condition, expected to last at least 90 days or result in death within one
19year of the date of application, and requires ongoing care, assistance or supervision.
SB40-SSA1,551,2320 b. The intermediate non-nursing home level, if the person has a condition that
21is expected to last at least 90 days or result in death within 12 months after the date
22of application, and is at risk of losing his or her independence or functional capacity
23unless he or she receives assistance from others.
SB40-SSA1, s. 1005 24Section 1005. 46.286 (1) (b) (intro.) of the statutes is amended to read:
SB40-SSA1,552,2
146.286 (1) (b) Financial eligibility. (intro.) A person is financially eligible if
2all any of the following apply:
SB40-SSA1, s. 1006 3Section 1006. 46.286 (1) (b) 1. (intro.) of the statutes is repealed.
SB40-SSA1, s. 1007 4Section 1007. 46.286 (1) (b) 1. a. of the statutes is renumbered 46.286 (1) (b)
53. and amended to read:
SB40-SSA1,552,116 46.286 (1) (b) 3. The person was receiving the family care benefit on the
7effective date of this subdivision .... [revisor inserts date], the person
would qualify
8for medical assistance except for financial or disability criteria, and the projected cost
9of the person's care plan, as calculated by the department or its designee, exceeds the
10person's gross monthly income, plus one-twelfth of his or her countable assets, less
11deductions and allowances permitted by rule by the department.
SB40-SSA1, s. 1008 12Section 1008. 46.286 (1) (b) 1. b. and 2. of the statutes are consolidated,
13renumbered 46.286 (1) (b) 1m. and amended to read:
SB40-SSA1,552,1714 46.286 (1) (b) 1m. The person is eligible under ch. 49 for medical assistance.
152. If subd. 1. b. applies, the person accepts medical assistance
and, unless he or she
16is exempt from the acceptance under rules promulgated by the department, accepts
17medical assistance
.
SB40-SSA1, s. 1009 18Section 1009. 46.286 (3) (a) (intro.) of the statutes is amended to read:
SB40-SSA1,552,2119 46.286 (3) (a) (intro.) Subject to pars. par. (c) and (d), a person is entitled to and
20may receive the family care benefit through enrollment in a care management
21organization if he or she all of the following apply:
SB40-SSA1,552,22 221m. The person is at least 18 years of age,.
SB40-SSA1,552,25 232m. The person has a physical disability, as defined in s. 15.197 (4) (a) 2., a
24developmental disability, as defined in s. 51.01 (5) (a), or degenerative brain disorder,
25as defined in s. 55.01 (1v),
is a frail elder.
SB40-SSA1,553,2
14m. The person is financially eligible, under sub. (1) (b) 1m., and fulfills any
2applicable cost-sharing requirements and meets any of the following criteria:.
SB40-SSA1, s. 1010 3Section 1010. 46.286 (3) (a) 1. of the statutes is repealed.
SB40-SSA1, s. 1011 4Section 1011. 46.286 (3) (a) 2. of the statutes is repealed.
SB40-SSA1, s. 1012 5Section 1012. 46.286 (3) (a) 3. of the statutes is repealed.
SB40-SSA1, s. 1013 6Section 1013. 46.286 (3) (a) 3m. of the statutes is created to read:
SB40-SSA1,553,77 46.286 (3) (a) 3m. The person is functionally eligible under sub. (1) (a).
SB40-SSA1, s. 1014 8Section 1014. 46.286 (3) (a) 4. of the statutes is repealed.
SB40-SSA1, s. 1015 9Section 1015. 46.286 (3) (a) 6. of the statutes is repealed.
SB40-SSA1, s. 1016 10Section 1016. 46.286 (3) (d) of the statutes is repealed.
SB40-SSA1, s. 1017 11Section 1017. 46.286 (3m) of the statutes is repealed and recreated to read:
SB40-SSA1,553,1312 46.286 (3m) Information about enrollees. The department shall obtain and
13share information about family care enrollees as provided in s. 49.475.
SB40-SSA1, s. 1018 14Section 1018. 46.288 (2) (intro.) of the statutes is amended to read:
SB40-SSA1,553,2115 46.288 (2) (intro.) Criteria and procedures for determining functional
16eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost
17sharing under s. 46.286 (2) (a) and entitlement under s. 46.286 (3). The rules for
18determining functional eligibility under s. 46.286 (1) (a) 1. a. shall be substantially
19similar to eligibility criteria for receipt of the long-term support community options
20program under s. 46.27. Rules under this subsection shall include definitions of the
21following terms applicable to s. 46.286:
SB40-SSA1, s. 1019 22Section 1019. 46.289 (title) of the statutes is renumbered 46.2803 (title).
SB40-SSA1, s. 1020 23Section 1020. 46.289 of the statutes is renumbered 46.2803 (1).
SB40-SSA1, s. 1021 24Section 1021. 46.2895 (title) of the statutes is amended to read:
SB40-SSA1,553,25 2546.2895 (title) Family Long-term care district.
SB40-SSA1, s. 1022
1Section 1022. 46.2895 (1) (a) (intro.) of the statutes is amended to read:
SB40-SSA1,554,82 46.2895 (1) Creation. (a) (intro.) A county board of supervisors, a tribe or band,
3or any combination of counties or tribes or bands,
may create a special purpose
4district that is termed a "family long-term care district", that is a local unit of
5government, that is separate and distinct from, and independent of, the state and the
6county or tribe or band that created it, and that has the powers and duties specified
7in this section, if the each county board or tribe or band that participates in creating
8the district
does all of the following:
SB40-SSA1, s. 1023 9Section 1023. 46.2895 (1) (a) 1. a. of the statutes is amended to read:
SB40-SSA1,554,1110 46.2895 (1) (a) 1. a. Declares the need for establishing the family long-term
11care district.
SB40-SSA1, s. 1024 12Section 1024. 46.2895 (1) (a) 1. b. of the statutes is amended to read:
SB40-SSA1,554,1613 46.2895 (1) (a) 1. b. Specifies the family long-term care district's primary
14purpose, which shall be to operate, under contract with the department, either a
15resource center under s. 46.283 or, a care management organization under s. 46.284,
16but not both, or a program described under s. 46.2805 (1) (a) or (b).
SB40-SSA1, s. 1025 17Section 1025. 46.2895 (1) (a) 1. c. of the statutes is created to read:
SB40-SSA1,554,2118 46.2895 (1) (a) 1. c. Specifies the number of individuals who shall be appointed
19as members of the long-term care district board, the length of their terms, and, if the
20long-term care district is created by more than one county or tribe or band, how many
21members shall be appointed by each county or tribe or band.
SB40-SSA1, s. 1026 22Section 1026. 46.2895 (1) (b) of the statutes is repealed.
SB40-SSA1, s. 1027 23Section 1027. 46.2895 (1) (c) of the statutes is created to read:
SB40-SSA1,555,3
146.2895 (1) (c) A long-term care district may not operate a care management
2organization under s. 46.284 or a program described under s. 46.2805 (1) (a) or (b)
3if the district operates a resource center under s. 46.283.
SB40-SSA1, s. 1028 4Section 1028. 46.2895 (1) (d) of the statutes is created to read:
SB40-SSA1,555,65 46.2895 (1) (d) A county or tribe or band may create more than one long-term
6care district.
SB40-SSA1, s. 1029 7Section 1029. 46.2895 (1) (e) of the statutes is created to read:
SB40-SSA1,555,138 46.2895 (1) (e) A long-term care district may change its primary purpose
9specified under par. (a) 1. b. if all the counties or tribes or bands that created the
10district and that have not withdrawn or been removed from the district under sub.
11(14), adopt a resolution approving the change in primary purpose and if the change
12in purpose does not violate par. (c) or any provision of a contract between the
13department and the district.
SB40-SSA1, s. 1030 14Section 1030. 46.2895 (2) of the statutes is amended to read:
SB40-SSA1,555,1915 46.2895 (2) Jurisdiction. A family long-term care district's jurisdiction is the
16geographical area of the county or counties of the county board or boards of
17supervisors who
that created the family long-term care district and the geographic
18area of the reservation of, or lands held in trust for, any tribe or band that created
19the long-term care district
.
SB40-SSA1, s. 1031 20Section 1031. 46.2895 (3) (title) of the statutes is amended to read:
SB40-SSA1,555,2121 46.2895 (3) (title) Family Long-term care district board.
SB40-SSA1, s. 1032 22Section 1032. 46.2895 (3) (a) 1. of the statutes is renumbered 46.2895 (3) (a)
23and amended to read:
SB40-SSA1,556,324 46.2895 (3) (a) The county board of supervisors of a county or, in a county with
25a county administrator or county executive, the county administrator or county

1executive shall appoint the members of the family long-term care district board,
2which is the governing board of a family care district under sub. (1) (a)
members
3whom the county is allotted, by resolutions adopted under sub. (1) (a) 1. c., to appoint
.
SB40-SSA1, s. 1033 4Section 1033. 46.2895 (3) (a) 2. of the statutes is repealed.
SB40-SSA1, s. 1034 5Section 1034. 46.2895 (3) (b) 1. of the statutes is amended to read:
SB40-SSA1,556,116 46.2895 (3) (b) 1. The family care district board appointed under par. (a) 1. shall
7consist of 15 persons who are residents of the area of jurisdiction of the family care
8district.
At least one-fourth of the members of a long-term care district board shall
9be representative of the client group or groups whom it is the family long-term care
10district's primary purpose to serve or those clients' family members, guardians, or
11other advocates.
SB40-SSA1, s. 1035 12Section 1035. 46.2895 (3) (b) 2. of the statutes is repealed.
SB40-SSA1, s. 1036 13Section 1036. 46.2895 (3) (b) 3. of the statutes is amended to read:
SB40-SSA1,556,1814 46.2895 (3) (b) 3. Membership of the family a long-term care district board
15under subd. 1. or 2. shall reflect the ethnic and economic diversity of in the area of
16jurisdiction of the family long-term care district. Up to one-fourth of the members
17of the board may be elected or appointed officials or employees of the county or
18counties that created the family care district.
SB40-SSA1,556,21 194. No member of the a long-term care district board may have a private
20financial interest in or profit directly or indirectly from any contract or other
21business of the family long-term care district.
SB40-SSA1, s. 1037 22Section 1037. 46.2895 (3) (b) 5. of the statutes is created to read:
SB40-SSA1,556,2423 46.2895 (3) (b) 5. Only individuals who reside within the jurisdiction of a
24long-term care district may serve as members of the long-term care district board.
SB40-SSA1, s. 1038 25Section 1038. 46.2895 (3) (c) of the statutes is repealed.
SB40-SSA1, s. 1039
1Section 1039. 46.2895 (3) (d) of the statutes is amended to read:
SB40-SSA1,557,92 46.2895 (3) (d) As soon as possible after the appointment of the initial members
3of the family long-term care district board, the board shall organize for the
4transaction of business and elect a chairperson and other necessary officers. Each
5chairperson shall be elected by the board from time to time for the term of that
6chairperson's office as a member of the board or for the term of 3 years, whichever
7is shorter, and shall be eligible for reelection. A majority of the board shall constitute
8a quorum. The Unless specified otherwise in a bylaw adopted by the board, the board
9may act based on the affirmative vote of a majority of a quorum.
SB40-SSA1, s. 1040 10Section 1040. 46.2895 (4) (intro.) of the statutes is amended to read:
SB40-SSA1,557,1411 46.2895 (4) Powers. (intro.) Subject to sub. (1) (a) 1. b. (c), a family long-term
12care district has all the powers necessary or convenient to carry out the purposes and
13provisions of ss. 46.2805 to 46.2895. In addition to all these powers, a family
14long-term care district may do all of the following:
SB40-SSA1, s. 1041 15Section 1041. 46.2895 (4) (b) of the statutes is amended to read:
SB40-SSA1,557,1916 46.2895 (4) (b) Adopt bylaws and policies and procedures for the regulation of
17its affairs and the conduct of its business. The bylaws, policies and procedures shall
18be consistent with ss. 46.2805 to 46.2895 and, if the family long-term care district
19contracts with the department under par. (d) or (dm), with the terms of that contract.
SB40-SSA1, s. 1042 20Section 1042. 46.2895 (4) (dm) of the statutes is created to read:
SB40-SSA1,557,2321 46.2895 (4) (dm) Subject to sub. (1) (c), enter into a contract with the
22department to operate a program described under s. 46.2805 (1) (a) or (b) and provide
23services related to the contracted services.
SB40-SSA1, s. 1043 24Section 1043. 46.2895 (4) (g) of the statutes is amended to read:
SB40-SSA1,558,5
146.2895 (4) (g) Subject to sub. (8), employ any agent, employee, or special
2adviser that the family long-term care district finds necessary, fix and regulate his
3or her compensation and provide, either directly or subject to an agreement under
4s. 66.0301 as a participant in a benefit plan of another governmental entity, any
5employee benefits, including an employee pension plan.
SB40-SSA1, s. 1044 6Section 1044. 46.2895 (4) (h) of the statutes is amended to read:
SB40-SSA1,558,87 46.2895 (4) (h) Mortgage, pledge or otherwise encumber the family long-term
8care district's property or funds.
SB40-SSA1, s. 1045 9Section 1045. 46.2895 (4) (k) of the statutes is amended to read:
SB40-SSA1,558,1210 46.2895 (4) (k) Create a risk reserve or other special reserve as the family
11long-term care district board desires or as the department requires under the
12contract with the department that is specified under par. (d).
SB40-SSA1, s. 1046 13Section 1046. 46.2895 (4) (L) of the statutes is amended to read:
SB40-SSA1,558,1814 46.2895 (4) (L) Accept aid, including loans, to accomplish the purpose of the
15family long-term care district from any local, state or federal governmental agency
16or accept gifts, loans, grants or bequests from individuals or entities, if the conditions
17under which the aid, loan, gift, grant or bequest is furnished are not in conflict with
18this section.
SB40-SSA1, s. 1047 19Section 1047. 46.2895 (4) (m) of the statutes is amended to read:
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