SECTION 19. 46.27 (7) (fr) 3. c. of the statutes is amended to read:
46.27 (7) (fr) 3. c. If approved by a resolution of the county board of supervisors, to transfer funds to a family long-term care district.
SECTION 20. 46.2805 (5) of the statutes is renumbered 46.2805 (7r) and amended to read:
46.2805 (7r) "Family Long-term care district" means a special purpose district created under s. 46.2895 (1).
SECTION 21. 46.2805 (6) of the statutes is renumbered 46.2805 (7u) and amended to read:
46.2805 (7u) "Family Long-term care district board" means the governing board of a family long-term care district.
SECTION 22. 46.283 (1) (a) 2. of the statutes is amended to read:
46.283 (1) (a) 2. Whether to create a family long-term care district to apply to the department for a contract to operate a resource center.
SECTION 23. 46.284 (1) (a) 2. of the statutes is amended to read:
46.284 (1) (a) 2. Whether to create a family long-term care district to apply to the department for a contract to operate a care management organization.
SECTION 24. 46.284 (6) of the statutes is amended to read:
46.284 (6) GOVERNING BOARD. A care management organization shall have a governing board that reflects the ethnic and economic diversity of the geographic area served by the care management organization. At least one-fourth of the members of the governing board shall be older persons or persons with physical or developmental disabilities or their family members, guardians or other advocates who are representative of the client group or groups whom the care management organization's enrollee organization is contracted to serve or those clients' family members, guardians, or other advocates.
SECTION 25. 46.285 (1) of the statutes is renumbered 46.285, and 46.285 (intro.), (1) and (2), as renumbered, are amended to read:
46.285 (intro.) In order to meet federal requirements and assure federal financial participation in funding of the family care benefit, a county, a tribe or band, a family long-term care district or an organization, including a private, nonprofit corporation, may not directly operate both a resource center and a care management organization, except as follows:
(1) For an entity with which the department has contracted under s. 46.281 (1) (e) 1., 2005 stats., provision of the services specified under s. 46.283 (3) (b), (e), (f) and (g) shall be structurally separate from the provision of services of the care management organization by January 1, 2001.
****NOTE: This is reconciled s. 46.285 (1) (a). This SECTION has been affected by drafts with the following LRB numbers: 0330 and 1524.
(2) The department may approve separation of the functions of a resource center from those of a care management organization by a means other than those specified in sub. (2) creating a long-term care district under s. 46.2895 to serve either as a resource center or a care management organization.
SECTION 26. 46.285 (2) of the statutes is repealed.
SECTION 27. 46.2895 (title) of the statutes is amended to read:
46.2895 (title) Family Long-term care district.
SECTION 28. 46.2895 (1) (a) (intro.) of the statutes is amended to read:
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:
SECTION 29. 46.2895 (1) (a) 1. a. of the statutes is amended to read:
46.2895 (1) (a) 1. a. Declares the need for establishing the family long-term care district.
SECTION 30. 46.2895 (1) (a) 1. b. of the statutes is amended to read:
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).
SECTION 31. 46.2895 (1) (a) 1. c. of the statutes is created to read:
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.
SECTION 32. 46.2895 (1) (b) of the statutes is repealed.
SECTION 33. 46.2895 (1) (c) of the statutes is created to read:
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.
SECTION 34. 46.2895 (1) (d) of the statutes is created to read:
46.2895 (1) (d) A county or tribe or band may create more than one long-term care district.
SECTION 35. 46.2895 (1) (e) of the statutes is created to read:
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.
SECTION 36. 46.2895 (2) of the statutes is amended to read:
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.
SECTION 37. 46.2895 (3) (title) of the statutes is amended to read:
46.2895 (3) (title) FAMILY LONG-TERM CARE DISTRICT BOARD.
SECTION 38. 46.2895 (3) (a) 1. of the statutes is renumbered 46.2895 (3) (a) and amended to read:
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.
SECTION 39. 46.2895 (3) (a) 2. of the statutes is repealed.
SECTION 40. 46.2895 (3) (b) 1. of the statutes is amended to read:
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.
SECTION 41. 46.2895 (3) (b) 2. of the statutes is repealed.
SECTION 42. 46.2895 (3) (b) 3. of the statutes is amended to read:
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.
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.
SECTION 43. 46.2895 (3) (b) 5. of the statutes is created to read:
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.
SECTION 44. 46.2895 (3) (c) of the statutes is repealed.
SECTION 45. 46.2895 (3) (d) of the statutes is amended to read:
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.
SECTION 46. 46.2895 (4) (intro.) of the statutes is amended to read:
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:
SECTION 47. 46.2895 (4) (b) of the statutes is amended to read:
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.
SECTION 48. 46.2895 (4) (dm) of the statutes is created to read:
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.
SECTION 49. 46.2895 (4) (g) of the statutes is amended to read:
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.
SECTION 50. 46.2895 (4) (h) of the statutes is amended to read:
46.2895 (4) (h) Mortgage, pledge or otherwise encumber the family long-term care district's property or funds.
SECTION 51. 46.2895 (4) (k) of the statutes is amended to read:
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).
SECTION 52. 46.2895 (4) (L) of the statutes is amended to read:
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.
SECTION 53. 46.2895 (4) (m) of the statutes is amended to read:
46.2895 (4) (m) Make and execute other instruments necessary or convenient to exercise the powers of the family long-term care district.
SECTION 54. 46.2895 (5) of the statutes is amended to read:
46.2895 (5) LIMITATION ON POWERS. A family long-term care district may not issue bonds or levy a tax or assessment.
SECTION 55. 46.2895 (6) (intro.) of the statutes is amended to read:
46.2895 (6) DUTIES. (intro.) The family long-term care district board shall do all of the following:
SECTION 56. 46.2895 (6) (b) of the statutes is amended to read:
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.
SECTION 57. 46.2895 (6) (c) of the statutes is amended to read:
46.2895 (6) (c) Assure compliance with the terms of any contract with the department under sub. (4) (d) or (dm).
SECTION 58. 46.2895 (6) (d) of the statutes is amended to read:
46.2895 (6) (d) Establish a fiscal operating year and annually adopt a budget for the family long-term care district.
SECTION 59. 46.2895 (6) (e) of the statutes is amended to read:
46.2895 (6) (e) Contract for any legal services required for the family long-term care district.
SECTION 60. 46.2895 (7) (a) of the statutes is amended to read:
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.
SECTION 61. 46.2895 (7) (b) of the statutes is amended to read:
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.
SECTION 62. 46.2895 (7) (c) of the statutes is amended to read:
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.
SECTION 63. 46.2895 (8) (a) (intro.) of the statutes is amended to read:
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:
SECTION 64. 46.2895 (8) (a) 1. of the statutes is amended to read:
