(3) "Care management organization" has the meaning given in s. 46.2805 (1).
(3m) "Consumer" has the meaning given in s. 46.2898 (1) (cm).
(4) "Department" means the department of health services.
(5) "Family Care Program" means the benefit program described in s. 46.286.
(6) "Home care provider" means an individual who is a qualified provider under s. 46.2898 (1) (f).
(7) "Medical assistance waiver program" means a 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).
(8) "Program of All-Inclusive Care for the Elderly" means the program operated under
42 USC 1396u-4.
52.05 Creation and organization of authority. (1) Creation and membership of board. There is created a public body corporate and politic to be known as the "Wisconsin Quality Home Care Authority." The members of the board shall consist of the following members:
(a) The secretary of the department of health services or his or her designee.
(b) The secretary of the department of workforce development or his or her designee.
(c) The following, to be appointed by the governor to serve 3 year terms:
1. One representative from the state assembly.
2. One representative from the state senate.
3. One representative of care management organizations.
4. One representative of county departments, under 46.215, 46.22, 46.23, 51.42, or 51.437, selected from counties where the Family Care Program is not available.
5. One representative of the board for people with developmental disabilities.
6. One representative of the council on physical disabilities.
7. One representative of the council on mental health.
8. One representative of the board on aging and long-term care.
9. Eleven individuals, each of whom is a current or former recipient of home care services through the Family Care Program or a medical assistance waiver program or an advocate for or representative of consumers of home care services.
(3) Chairperson. Annually, the governor shall appoint one member of the board to serve as the chairperson.
(4) Executive committee. (a) The board shall elect an executive committee. The executive committee shall consist of the chair of the board, the secretary of the department of health services or his or her designee, the secretary of the department of workforce development or his or her designee, and 3 persons selected from board members appointed under sub. (1) (c) 9.
(b) The executive committee may do the following:
1. Hire an executive director who is not a member of the board and serves at the pleasure of the board.
2. Hire employees to carry out the duties of the authority.
3. Engage in contracts for services to carry out the duties of the authority.
(5) Term. The terms of members of the board appointed under sub. (1) (c) shall expire on July 1.
(6) Quorum. A majority of the members of the board constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of the members present. Meetings of the members of the board may be held anywhere within the state.
(7) Vacancies. Each member of the board shall hold office until a successor is appointed and qualified unless the member vacates or is removed from his or her office. A member who serves as a result of holding another office or position vacates his or her office as a member when he or she vacates the other office or position. A member who ceases to qualify for office vacates his or her office. A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.
(8) Compensation. The members of the board are not entitled to compensation for the performance of their duties. The authority may reimburse members of the board for actual and necessary expenses incurred in the discharge of their official duties as provided by the board.
(9) Employment of board member. It is not a conflict of interest for a board member to engage in private or public employment or in a profession or business, except to the extent prohibited by law, while serving as a member of the board.
52.10 Powers of authority. The authority shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter and s. 46.2898. In addition to all other powers granted the authority under this chapter, the authority may:
(1) Adopt policies and procedures to govern its proceedings and to carry out its duties as specified in this chapter.
(2) Employ, appoint, engage, compensate, transfer, or discharge necessary personnel.
(3) Make or enter into contracts, including contracts for the provision of legal or accounting services.
(4) Award grants for the purposes set forth in this chapter.
(5) Buy, lease, or sell real or personal property.
(6) Sue and be sued.
(7) Accept gifts, grants, or assistance funds and use them for the purposes of this chapter.
(8) Collect fees for its services.
52.20 Duties of authority. The authority shall:
(1) Establish and maintain a registry of eligible home care providers who choose to be on the registry for purposes of employment by consumers and provide referral services for consumers in need of home care services.
(2) Determine the eligibility of individuals for placement on the registry. For purposes of determining eligibility, the authority shall apply the criteria described in s. 46.2898 (1) (f), including any qualifying criteria established by the department under s. 46.2898 (7). The authority shall also develop an appeal process for denial of placement on or removal of a provider from the registry consistent with the terms of the medical assistance waiver programs, the Family Care Program, an amendment to the state medical assistance plan under
42 USC 1396n (j), or the Program of All-Inclusive Care for the Elderly, as determined by the department.
(3) Comply with any conditions necessary for consumers receiving home care services to receive federal medical assistance funding through a medical assistance waiver program, the Family Care Program, an amendment to the state medical assistance plan under
42 USC 1396n (j), or the Program of All-Inclusive Care for the Elderly.
(4) Develop and operate recruitment and retention programs to expand the pool of home care providers qualified and available to provide home care services to consumers.
(5) Maintain a list of home care providers included in a collective bargaining unit under s. 111.825 (2g) and provide the list of home care providers to the department at the department's request.
(6) Notify home care providers providing home care services of any procedures for remaining a qualified provider under s. 46.2898 (1) (f) set forth by the department or the authority.
(7) Provide orientation activities and skills training for home care providers.
(8) Provide training and support for consumers hiring a home care provider regarding the duties and responsibilities of employers and skills needed to be effective employers.
(9) Inform consumers of the experience and qualifications of home care providers on the registry and home care providers identified by consumers of home care services for employment.
(10) Develop and operate a system of backup and respite referrals to home care providers and a 24-hour per day call service for consumers of home care services.
(11) Report annually to the governor on the number of home care providers on the registry and the number of home care providers providing services under the authority.
(12) Conduct activities to improve the supply and quality of home care providers.
52.30 Liability limited. (1) The state, any political subdivision of the state, or any officer, employee, or agent of the state or a political subdivision who is acting within the scope of employment or agency is not liable for any debt, obligation, act, or omission of the authority.
(2) All expenses incurred by the authority in exercising its duties and powers under this chapter shall be payable only from funds of the authority.
52.40 Health data. Any health data or identifying information collected by the authority is collected for the purpose of government regulatory and management functions.
28,1444m
Section 1444m. 55.16 (2) (a) of the statutes is amended to read:
55.16 (2) (a) Filing; services. An Subject to par. (d), an individual under protective placement or receiving protective services, the individual's guardian, the individual's legal counsel or guardian ad litem, if any, the department, the county department that placed the individual or provided the protective services under an order of the court, an agency with which the county department contracts under s. 55.02 (2), or any interested person may file a petition at any time for modification of an order for protective services or protective placement. The petition shall be served on the individual, the individual's guardian, the individual's legal counsel and guardian ad litem, if any, and the county department.
28,1444n
Section 1444n. 55.16 (2) (d) of the statutes is created to read:
55.16 (2) (d) Residents of southern center. The department may not file a petition under par. (a) for modification of an order for protective placement to transfer a resident of the southern center for the developmentally disabled to a less restrictive setting unless the resident's guardian provides explicit written approval and consent for the transfer under s. 51.35 (1) (dm).
28,1444v
Section 1444v. 59.52 (30) of the statutes is created to read:
59.52 (30) Limitation on performance of construction work. A county may not perform construction work, including road work, for a project that is directly or indirectly owned, funded, or reimbursed, in whole or in part, by a private person.
28,1445
Section
1445. 59.58 (6) (a) 1. of the statutes is amended to read:
59.58 (6) (a) 1. "Authority" means the regional transit authority created under this subsection.
28,1446m
Section 1446m. 59.58 (6) (cg) of the statutes is repealed and recreated to read:
59.58 (6) (cg) No later than the first day of the 3rd month beginning after the effective date of this paragraph .... [LRB inserts date], the authority shall transfer to the southeastern regional transit authority under sub. (7) all revenues received under s. 59.58 (6) (cg) 1., 2007 stats., retained by the authority.
28,1449
Section
1449. 59.58 (6) (f) of the statutes is created to read:
59.58 (6) (f) The authority shall terminate on the first day of the 3rd month beginning after the effective date of this paragraph .... [LRB inserts date].
28,1449m
Section 1449m. 59.58 (7) of the statutes is created to read:
59.58 (7) Southeastern regional transit authority. (a) In this subsection:
1. "Authority" means the southeastern regional transit authority created under this subsection.
2. "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued under this subsection.
3. "KRM commuter rail line" means a commuter rail transit system connecting the cities of Kenosha, Racine, and Milwaukee.
(b) There is created the southeastern regional transit authority, a public body corporate and politic and a separate governmental entity, consisting of the counties of Kenosha, Racine, and Milwaukee. This authority may transact business and exercise any powers granted to it under this subsection. The jurisdictional area of this authority is the geographic area formed by the combined territorial boundaries of the counties of Kenosha, Racine, and Milwaukee.
(c) 1. The powers of the authority shall be vested in its board of directors, consisting of the following members:
a. Two members from Milwaukee County, appointed by the Milwaukee County board chairperson.
b. Two members from the city of Milwaukee, appointed by the mayor of the city of Milwaukee.
c. One member from Racine County, appointed by the Racine County board chairperson.
d. One member from the city of Racine, appointed by the mayor of the city of Racine.
e. One member from Kenosha County, appointed by the Kenosha County board chairperson.
f. One member from the city of Kenosha, appointed by the mayor of the city of Kenosha.
g. One member from the authority's jurisdictional area, appointed by the governor.
2. A majority of the board of directors' full authorized membership constitutes a quorum for the purpose of conducting the authority's business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.
(d) The authority shall have all powers necessary and convenient to create, construct, and manage a KRM commuter rail line
and to contract for and provide transit service in Kenosha County and Racine County as specified in par. (k) .
A KRM commuter rail line shall include a stop at the point where the KRM commuter rail line intersects National Avenue in the city of Milwaukee and a stop at the intersection of Lincoln Avenue and Bay Street in the city of Milwaukee.
(dm) A KRM commuter rail line may not include a stop in any municipality in the counties of Racine and Kenosha, other than in the city of Racine or the city of Kenosha, unless the municipality in which the stop is to be located provides for a sustainable mechanism to generate additional moneys for transit systems receiving funding under s. 85.20 that operate in Kenosha County or Racine County, as applicable.
(e) The authority may impose the fees under subch. XIII of ch. 77.
From these fees, the authority shall transfer $1 for each transaction to each of the cities of Racine and Kenosha, to support their respective transit systems, if each city, respectively, demonstrates that it has established a new funding source sufficient to generate revenues equal to or greater than the amounts to be transferred to each city under this subdivision. From the
remaining fees, the authority may do all of the following:
1. Retain not more than $2 for each transaction for administration of the authority.
2. Retain the difference between the amount of the fees imposed under subch. XIII of ch. 77 and the amount of those fees
transferred under this paragraph or retained under subd. 1. for expenditures related to the KRM commuter rail line, including planning, construction, maintenance, operations, and engineering expenditures.
(f) 1. The authority may issue bonds, the principal and interest on which are payable exclusively from all or a portion of any revenues received by the authority. The authority may secure its bonds by a pledge of any income or revenues from any operations, rent, aids, grants, subsidies, contributions, or other source of moneys whatsoever.
