SECTION 28. 16.85 (2) of the statutes is amended to read:
16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue -- earned. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, or 279.
SECTION 29. 16.865 (8) of the statutes is amended to read:
16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, or 279.
SECTION 30. 19.42 (10) (s) of the statutes is created to read:
19.42 (10) (s) The executive director and members of the board of directors of the Wisconsin Quality Home Care Authority.
SECTION 31. 19.42 (13) (o) of the statutes is created to read:
19.42 (13) (o) The executive director and members of the board of directors of the Wisconsin Quality Home Care Authority.
SECTION 32. 46.284 (4) (m) of the statutes is created to read:
46.284 (4) (m) Comply with any agreements under subch. V of ch. 111 relating to a provider, as defined in s. 46.2898 (1) (c), hired directly by an enrollee.
SECTION 33. 46.2898 of the statutes is created to read:
46.2898 Quality home care. (1) DEFINITIONS. In this section:
(a) "Authority" means the Wisconsin Quality Home Care Authority.
(b) "Care management organization" has the meaning given in s. 46.2805 (1).
(c) "Provider" means an individual providing home care services who is not any of the following:
1. An employee of a home health agency, licensed under s. 50.49, who is hired through that home health agency.
2. An employee of a personal care provider agency who is hired through that personal care provider agency.
3. A health care provider, as defined in s. 146.997 (1) (d) acting in his or her professional capacity.
4. An employee of a company or agency providing supportive home care.
5. An employee of an independent living center, as defined in s. 46.96 (1) (ah).
6. An employee of a county agency or department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.
(d) "Qualified provider" means a provider who meets the qualifications for payment through the Family Care Program under s. 46.286, the Program for All-Inclusive Care for the Elderly operated under 42 USC 1396u-4, an amendment to the state medical assistance plan under 42 USC 1396n (j), or a medical assistance waiver 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) and any qualification criteria established in the rules promulgated under sub. (7) and who the authority determines is eligible for placement on the registry maintained by the authority under s. 52.20 (1).
(2) COUNTY PARTICIPATION. (a) A county board of supervisors may require a county department under 46.215, 46.22, 46.23, 51.42, or 51.437 to follow procedures under this section and to pay providers in accordance with agreements under subch. V of ch. 111.
(b) If a county acts under par. (a), it shall notify the department and the authority of its action.
(3) REQUIREMENTS FOR BENEFIT. An adult individual who receives home care services and who meets all of the following criteria may receive a benefit for home care services only if he or she complies with sub. (5):
(a) The individual is a resident of one of the following:
1. A county that has acted under sub. (2) (a).
2. A county in which the Family Care Program under s. 46.286 is available.
3. A county in which the Program of All-Inclusive Care for the Elderly under 42 USC 1396u-4 is available.
4. A county in which the self-directed services option program under 42 USC 1396n (c) is available or in which a program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j) is available.
(b) The individual self-directs all or part of his or her home care services and is the employer of record of a provider.
(c) The individual is eligible to receive a home care benefit under one of the following:
1. The Family Care Program under s. 46.286.
2. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.
3. A program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c) or the self-directed services option operated under 42 USC 1396n (c).
4. A program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j).
(4) DUTIES OF HOME CARE PAYORS. Care management organizations, the state, and counties that pay for the provision of home care services to individuals shall inform the authority of the name, address, and telephone numbers of any provider hired by an individual receiving home care services.
(5) DUTIES OF CONSUMERS: A recipient of home care services, as described under sub. (3), who hires a provider shall do all of the following:
(a) Hire only a provider who has been placed on the registry maintained by the authority under s. 52.20 (1) or a person whose name has been submitted to the authority under par. (b) and who the authority has determined is eligible for placement on the registry.
(b) If a potential provider has not been placed on the registry maintained by the authority under s. 52.20 (1), provide the name, address, and telephone number of the potential provider to the authority for evaluation of eligibility for the registry and for inclusion in the collective bargaining process under subch. V of ch. 111.
(c) Compensate providers in accordance with any collective bargaining agreement that applies to home care providers under subch. V of ch. 111.
(d) Inform the authority of the name, address, and telephone number of any provider that he or she fires.
(6) PROVIDERS. (a) A qualified provider providing home care services under this section shall be subject to the collective bargaining agreement that applies to home care providers under subch. V of ch. 111.
(b) A qualified provider may choose to be placed on the registry maintained by the authority under s. 52.20 (1).
(7) DEPARTMENT RULE-MAKING. The department may promulgate rules defining terms, including the term "home care services," establishing the qualification criteria that apply under sub. (1) (d), and establishing procedures for implementation of this section.
(8) Any withholding of medical assistance benefits by the department for failure of the benefit recipient to comply with s. 46.2898 (5) is subject to approval by the federal centers for medicare and medicaid services.
SECTION 34. 46.48 (9) of the statutes is repealed.
SECTION 35. 46.48 (9m) of the statutes is created to read:
46.48 (9m) QUALITY HOME CARE. The department shall award a grant to the Wisconsin Quality Home Care Authority for the purpose of providing services to recipients and providers of home care under s. 46.2898 and ch. 52 and may award grants to counties to facilitate transition to procedures established under s. 46.2898.
SECTION 36. Chapter 52 of the statutes is created to read:
CHAPTER 52
QUALITY HOME CARE
52.01 Definitions. In this chapter:
(1) "Authority" means the Wisconsin Quality Home Care Authority.
(2) "Board" means the board of directors of the authority.
(3) "Care management organization" has the meaning given in s. 46.2805 (1).
(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) (d).
(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.
