SB1, s. 1013 9Section 1013. 46.286 (3) (a) 3m. of the statutes is created to read:
SB1,549,1010 46.286 (3) (a) 3m. The person is functionally eligible under sub. (1) (a).
SB1, s. 1014 11Section 1014. 46.286 (3) (a) 4. of the statutes is repealed.
SB1, s. 1015 12Section 1015. 46.286 (3) (a) 6. of the statutes is repealed.
SB1, s. 1016 13Section 1016. 46.286 (3) (d) of the statutes is repealed.
SB1, s. 1017 14Section 1017. 46.286 (3m) of the statutes is repealed and recreated to read:
SB1,549,1615 46.286 (3m) Information about enrollees. The department shall obtain and
16share information about family care enrollees as provided in s. 49.475.
SB1, s. 1018 17Section 1018. 46.288 (2) (intro.) of the statutes is amended to read:
SB1,549,2418 46.288 (2) (intro.) Criteria and procedures for determining functional
19eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost
20sharing under s. 46.286 (2) (a) and entitlement under s. 46.286 (3). The rules for
21determining functional eligibility under s. 46.286 (1) (a) 1. a. shall be substantially
22similar to eligibility criteria for receipt of the long-term support community options
23program under s. 46.27. Rules under this subsection shall include definitions of the
24following terms applicable to s. 46.286:
SB1, s. 1019 25Section 1019. 46.289 (title) of the statutes is renumbered 46.2803 (title).
SB1, s. 1020
1Section 1020. 46.289 of the statutes is renumbered 46.2803 (1).
SB1, s. 1021 2Section 1021. 46.2895 (title) of the statutes is amended to read:
SB1,550,3 346.2895 (title) Family Long-term care district.
SB1, s. 1022 4Section 1022. 46.2895 (1) (a) (intro.) of the statutes is amended to read:
SB1,550,115 46.2895 (1) Creation. (a) (intro.) A county board of supervisors, a tribe or band,
6or any combination of counties or tribes or bands,
may create a special purpose
7district that is termed a "family long-term care district", that is a local unit of
8government, that is separate and distinct from, and independent of, the state and the
9county or tribe or band that created it, and that has the powers and duties specified
10in this section, if the each county board or tribe or band that participates in creating
11the district
does all of the following:
SB1, s. 1023 12Section 1023. 46.2895 (1) (a) 1. a. of the statutes is amended to read:
SB1,550,1413 46.2895 (1) (a) 1. a. Declares the need for establishing the family long-term
14care district.
SB1, s. 1024 15Section 1024. 46.2895 (1) (a) 1. b. of the statutes is amended to read:
SB1,550,1916 46.2895 (1) (a) 1. b. Specifies the family long-term care district's primary
17purpose, which shall be to operate, under contract with the department, either a
18resource center under s. 46.283 or, a care management organization under s. 46.284,
19but not both, or a program described under s. 46.2805 (1) (a) or (b).
SB1, s. 1025 20Section 1025. 46.2895 (1) (a) 1. c. of the statutes is created to read:
SB1,550,2421 46.2895 (1) (a) 1. c. Specifies the number of individuals who shall be appointed
22as members of the long-term care district board, the length of their terms, and, if the
23long-term care district is created by more than one county or tribe or band, how many
24members shall be appointed by each county or tribe or band.
SB1, s. 1026 25Section 1026. 46.2895 (1) (b) of the statutes is repealed.
SB1, s. 1027
1Section 1027. 46.2895 (1) (c) of the statutes is created to read:
SB1,551,42 46.2895 (1) (c) A long-term care district may not operate a care management
3organization under s. 46.284 or a program described under s. 46.2805 (1) (a) or (b)
4if the district operates a resource center under s. 46.283.
SB1, s. 1028 5Section 1028. 46.2895 (1) (d) of the statutes is created to read:
SB1,551,76 46.2895 (1) (d) A county or tribe or band may create more than one long-term
7care district.
SB1, s. 1029 8Section 1029. 46.2895 (1) (e) of the statutes is created to read:
SB1,551,149 46.2895 (1) (e) A long-term care district may change its primary purpose
10specified under par. (a) 1. b. if all the counties or tribes or bands that created the
11district and that have not withdrawn or been removed from the district under sub.
12(14), adopt a resolution approving the change in primary purpose and if the change
13in purpose does not violate par. (c) or any provision of a contract between the
14department and the district.
SB1, s. 1030 15Section 1030. 46.2895 (2) of the statutes is amended to read:
SB1,551,2016 46.2895 (2) Jurisdiction. A family long-term care district's jurisdiction is the
17geographical area of the county or counties of the county board or boards of
18supervisors who
that created the family long-term care district and the geographic
19area of the reservation of, or lands held in trust for, any tribe or band that created
20the long-term care district
.
SB1, s. 1031 21Section 1031. 46.2895 (3) (title) of the statutes is amended to read:
SB1,551,2222 46.2895 (3) (title) Family Long-term care district board.
SB1, s. 1032 23Section 1032. 46.2895 (3) (a) 1. of the statutes is renumbered 46.2895 (3) (a)
24and amended to read:
SB1,552,5
146.2895 (3) (a) The county board of supervisors of a county or, in a county with
2a county administrator or county executive, the county administrator or county
3executive shall appoint the members of the family long-term care district board,
4which is the governing board of a family care district under sub. (1) (a)
members
5whom the county is allotted, by resolutions adopted under sub. (1) (a) 1. c., to appoint
.
SB1, s. 1033 6Section 1033. 46.2895 (3) (a) 2. of the statutes is repealed.
SB1, s. 1034 7Section 1034. 46.2895 (3) (b) 1. of the statutes is amended to read:
SB1,552,138 46.2895 (3) (b) 1. The family care district board appointed under par. (a) 1. shall
9consist of 15 persons who are residents of the area of jurisdiction of the family care
10district.
At least one-fourth of the members of a long-term care district board shall
11be representative of the client group or groups whom it is the family long-term care
12district's primary purpose to serve or those clients' family members, guardians, or
13other advocates.
SB1, s. 1035 14Section 1035. 46.2895 (3) (b) 2. of the statutes is repealed.
SB1, s. 1036 15Section 1036. 46.2895 (3) (b) 3. of the statutes is amended to read:
SB1,552,2016 46.2895 (3) (b) 3. Membership of the family a long-term care district board
17under subd. 1. or 2. shall reflect the ethnic and economic diversity of in the area of
18jurisdiction of the family long-term care district. Up to one-fourth of the members
19of the board may be elected or appointed officials or employees of the county or
20counties that created the family care district.
SB1,552,23 214. No member of the a long-term care district board may have a private
22financial interest in or profit directly or indirectly from any contract or other
23business of the family long-term care district.
SB1, s. 1037 24Section 1037. 46.2895 (3) (b) 5. of the statutes is created to read:
SB1,553,2
146.2895 (3) (b) 5. Only individuals who reside within the jurisdiction of a
2long-term care district may serve as members of the long-term care district board.
SB1, s. 1038 3Section 1038. 46.2895 (3) (c) of the statutes is repealed.
SB1, s. 1039 4Section 1039. 46.2895 (3) (d) of the statutes is amended to read:
SB1,553,125 46.2895 (3) (d) As soon as possible after the appointment of the initial members
6of the family long-term care district board, the board shall organize for the
7transaction of business and elect a chairperson and other necessary officers. Each
8chairperson shall be elected by the board from time to time for the term of that
9chairperson's office as a member of the board or for the term of 3 years, whichever
10is shorter, and shall be eligible for reelection. A majority of the board shall constitute
11a quorum. The Unless specified otherwise in a bylaw adopted by the board, the board
12may act based on the affirmative vote of a majority of a quorum.
SB1, s. 1040 13Section 1040. 46.2895 (4) (intro.) of the statutes is amended to read:
SB1,553,1714 46.2895 (4) Powers. (intro.) Subject to sub. (1) (a) 1. b. (c), a family long-term
15care district has all the powers necessary or convenient to carry out the purposes and
16provisions of ss. 46.2805 to 46.2895. In addition to all these powers, a family
17long-term care district may do all of the following:
SB1, s. 1041 18Section 1041. 46.2895 (4) (b) of the statutes is amended to read:
SB1,553,2219 46.2895 (4) (b) Adopt bylaws and policies and procedures for the regulation of
20its affairs and the conduct of its business. The bylaws, policies and procedures shall
21be consistent with ss. 46.2805 to 46.2895 and, if the family long-term care district
22contracts with the department under par. (d) or (dm), with the terms of that contract.
SB1, s. 1042 23Section 1042. 46.2895 (4) (dm) of the statutes is created to read:
SB1,554,3
146.2895 (4) (dm) Subject to sub. (1) (c), enter into a contract with the
2department to operate a program described under s. 46.2805 (1) (a) or (b) and provide
3services related to the contracted services.
SB1, s. 1043 4Section 1043. 46.2895 (4) (g) of the statutes is amended to read:
SB1,554,95 46.2895 (4) (g) Subject to sub. (8), employ any agent, employee, or special
6adviser that the family long-term care district finds necessary, fix and regulate his
7or her compensation and provide, either directly or subject to an agreement under
8s. 66.0301 as a participant in a benefit plan of another governmental entity, any
9employee benefits, including an employee pension plan.
SB1, s. 1044 10Section 1044. 46.2895 (4) (h) of the statutes is amended to read:
SB1,554,1211 46.2895 (4) (h) Mortgage, pledge or otherwise encumber the family long-term
12care district's property or funds.
SB1, s. 1045 13Section 1045. 46.2895 (4) (k) of the statutes is amended to read:
SB1,554,1614 46.2895 (4) (k) Create a risk reserve or other special reserve as the family
15long-term care district board desires or as the department requires under the
16contract with the department that is specified under par. (d).
SB1, s. 1046 17Section 1046. 46.2895 (4) (L) of the statutes is amended to read:
SB1,554,2218 46.2895 (4) (L) Accept aid, including loans, to accomplish the purpose of the
19family long-term care district from any local, state or federal governmental agency
20or accept gifts, loans, grants or bequests from individuals or entities, if the conditions
21under which the aid, loan, gift, grant or bequest is furnished are not in conflict with
22this section.
SB1, s. 1047 23Section 1047. 46.2895 (4) (m) of the statutes is amended to read:
SB1,554,2524 46.2895 (4) (m) Make and execute other instruments necessary or convenient
25to exercise the powers of the family long-term care district.
SB1, s. 1048
1Section 1048. 46.2895 (5) of the statutes is amended to read:
SB1,555,32 46.2895 (5) Limitation on powers. A family long-term care district may not
3issue bonds or levy a tax or assessment.
SB1, s. 1049 4Section 1049. 46.2895 (6) (intro.) of the statutes is amended to read:
SB1,555,65 46.2895 (6) Duties. (intro.) The family long-term care district board shall do
6all of the following:
SB1, s. 1050 7Section 1050. 46.2895 (6) (b) of the statutes is amended to read:
SB1,555,108 46.2895 (6) (b) Subject to sub. (8), develop and implement a personnel
9structure and other employment policies for employees of the family long-term
10care district.
SB1, s. 1051 11Section 1051. 46.2895 (6) (c) of the statutes is amended to read:
SB1,555,1312 46.2895 (6) (c) Assure compliance with the terms of any contract with the
13department under sub. (4) (d) or (dm).
SB1, s. 1052 14Section 1052. 46.2895 (6) (d) of the statutes is amended to read:
SB1,555,1615 46.2895 (6) (d) Establish a fiscal operating year and annually adopt a budget
16for the family long-term care district.
SB1, s. 1053 17Section 1053. 46.2895 (6) (e) of the statutes is amended to read:
SB1,555,1918 46.2895 (6) (e) Contract for any legal services required for the family long-term
19care district.
SB1, s. 1054 20Section 1054. 46.2895 (7) (a) of the statutes is amended to read:
SB1,555,2321 46.2895 (7) (a) Manage the property and business of the family long-term care
22district and manage the employees of the district, subject to the general control of the
23family long-term care district board.
SB1, s. 1055 24Section 1055. 46.2895 (7) (b) of the statutes is amended to read:
SB1,556,2
146.2895 (7) (b) Comply with the bylaws and direct enforcement of all policies
2and procedures adopted by the family long-term care district board.
SB1, s. 1056 3Section 1056. 46.2895 (7) (c) of the statutes is amended to read:
SB1,556,54 46.2895 (7) (c) Perform duties in addition to those specified in pars. (a) and (b)
5as are prescribed by the family long-term care district board.
SB1, s. 1057 6Section 1057. 46.2895 (8) (a) (intro.) of the statutes is amended to read:
SB1,556,87 46.2895 (8) (a) (intro.) A family long-term care district board that is created
8at least in part by a county
shall do all of the following:
SB1, s. 1058 9Section 1058. 46.2895 (8) (a) 1. of the statutes is amended to read:
SB1,556,2510 46.2895 (8) (a) 1. If the family long-term care district offers employment to any
11individual who was previously employed by the a county, which participated in
12creating the district and at the time of the offer had not withdrawn or been removed
13from the district under sub. (14), and
who while employed by the county performed
14duties relating to the same or a substantially similar function for which the
15individual is offered employment by the district and whose wages, hours and
16conditions of employment were established in a collective bargaining agreement
17with the county under subch. IV of ch. 111 that is in effect on the date that the
18individual commences employment with the district, with respect to that individual,
19abide by the terms of the collective bargaining agreement concerning the individual's
20compensation and benefits wages and, if applicable, vacation allowance, sick leave
21accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal
22day allowance, or paid time off allowance
until the time of the expiration of that
23collective bargaining agreement or adoption of a collective bargaining agreement
24with the district under subch. IV of ch. 111 covering the individual as an employee
25of the district, whichever occurs first.
SB1, s. 1059
1Section 1059. 46.2895 (8) (a) 2. of the statutes is repealed.
SB1, s. 1060 2Section 1060. 46.2895 (8) (a) 3. of the statutes is amended to read:
SB1,557,113 46.2895 (8) (a) 3. If the family long-term care district offers employment to any
4individual who was previously employed by the a county, which participated in
5creating the district and at the time of the offer had not withdrawn or been removed
6from the district under sub. (14),
and who while employed by the county performed
7duties relating to the same or a substantially similar function for which the
8individual is offered employment by the district, with respect to that individual,
9recognize all years of service with the county for any benefit provided or program
10operated by the district for which an employee's years of service may affect the
11provision of the benefit or the operation of the program.
SB1, s. 1061 12Section 1061. 46.2895 (8) (a) 4. of the statutes is amended to read:
SB1,557,1813 46.2895 (8) (a) 4. If the county has not established its own retirement system
14for county employees, adopt a resolution that the family long-term care district be
15included within the provisions of the Wisconsin retirement system under s. 40.21 (1).
16In this resolution, the family long-term care district shall agree to recognize 100%
17of the prior creditable service of its employees earned by the employees while
18employed by the district.
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