Amendment SA36-AB40

AB40-SA36,27,11 (dm) "Home care" means supportive home care, personal care, and other nonprofessional services of a type that may be covered under a medical assistance waiver under 42 USC 1396n (c) and that are provided to individuals to assist them in meeting their daily living needs, ensuring adequate functioning in their homes, and permitting safe access to their communities.

AB40-SA36,27,13 (e) "Provider" means an individual who is hired by a consumer to provide home care to the consumer but does not include any of the following:

AB40-SA36,27,15 1. A person, while he or she is providing services in the capacity of an employee of any of the following entities:

AB40-SA36,27,16 a. A home health agency licensed under s. 50.49.

AB40-SA36,27,17 b. A personal care provider agency.

AB40-SA36,27,18 c. A company or agency providing supportive home care.

AB40-SA36,27,19 d. An independent living center, as defined in s. 46.96 (1) (ah).

AB40-SA36,27,21 e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.

AB40-SA36,27,23 2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her professional capacity.

AB40-SA36,28,7 (f) "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 federal 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).

AB40-SA36,28,11 (2) County participation. (a) A county board of supervisors may require a county department under s. 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.

AB40-SA36,28,13 (b) If a county acts under par. (a), it shall notify the department and the authority of its action.

AB40-SA36,28,16 (c) A county that acts under par. (a) shall compensate providers in accordance with any agreement under subch. V of ch. 111 and make any payroll deductions authorized by such agreements.

AB40-SA36,28,21 (4) Duties of home care payors. Care management organizations, the state, and counties, as described in sub. (1) (cm) 1. a. to d., that pay for the provision of home care services to consumers shall provide to the authority the name, address, telephone number, date of hire, and date of termination of any provider hired by an individual receiving home care services.

AB40-SA36,28,22 (5) Duties of consumers. A consumer shall do all of the following:

AB40-SA36,28,25 (a) Inform the authority of the name, address, telephone number, date of hire, and date of termination of any provider hired by the consumer to provide home care services.

AB40-SA36,29,3 (b) Compensate providers in accordance with any collective bargaining agreement that applies to home care providers under subch. V of ch. 111 and make any payroll deductions authorized by the agreement.

AB40-SA36,29,6 (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.

AB40-SA36,29,8 (b) A qualified provider may choose to be placed on the registry maintained by the authority under s. 52.20 (1).

AB40-SA36,29,12 (7) Department rule making. The department may promulgate rules defining terms, specifying which services constitute home care, establishing the qualification criteria that apply under sub. (1) (f), and establishing procedures for implementation of this section.

AB40-SA36,69 Section 69. 46.48 (9m) of the statutes is created to read:

AB40-SA36,29,17 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.

AB40-SA36,70 Section 70. 49.825 (3) (b) 4. of the statutes is created to read:

AB40-SA36,29,24 49.825 (3) (b) 4. The department may enter into a memorandum of understanding, as described in s. 111.70 (3m), with the certified representative of the county employees performing services under this section for the unit. If there is a dispute as to hours or conditions of employment that remains between the department and the certified representative after a good faith effort to resolve it, the department may unilaterally resolve the dispute.

AB40-SA36,71 Section 71. 49.826 (3) (b) 4. of the statutes is created to read:

AB40-SA36,30,6 49.826 (3) (b) 4. The department may enter into a memorandum of understanding, as described in s. 111.70 (3p), with the certified representative of the county employees performing services under this section in the county for the unit. If there is a dispute as to hours or conditions of employment that remains between the department and the certified representative after a good faith effort to resolve it, the department may unilaterally resolve the dispute.

AB40-SA36,72 Section 72. Chapter 52 of the statutes is created to read:

AB40-SA36,30,8 CHAPTER 52

AB40-SA36,30,9 QUALITY HOME CARE

AB40-SA36,30,10 52.01 Definitions. In this chapter:

AB40-SA36,30,11 (1) "Authority" means the Wisconsin Quality Home Care Authority.

AB40-SA36,30,12 (2) "Board" means the board of directors of the authority.

AB40-SA36,30,13 (3) "Care management organization" has the meaning given in s. 46.2805 (1).

AB40-SA36,30,14 (3m) "Consumer" has the meaning given in s. 46.2898 (1) (cm).

AB40-SA36,30,15 (4) "Department" means the department of health services.

AB40-SA36,30,16 (5) "Family Care Program" means the benefit program described in s. 46.286.

AB40-SA36,30,18 (6) "Home care provider" means an individual who is a qualified provider under s. 46.2898 (1) (f).

AB40-SA36,30,21 (7) "Medical assistance waiver program" means 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).

AB40-SA36,30,23 (8) "Program of All-Inclusive Care for the Elderly" means the program operated under 42 USC 1396u-4.

AB40-SA36,31,2 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:

AB40-SA36,31,3 (a) The secretary of the department of health services or his or her designee.

AB40-SA36,31,5 (b) The secretary of the department of workforce development or his or her designee.

AB40-SA36,31,6 (c) The following, to be appointed by the governor to serve 3-year terms:

AB40-SA36,31,7 1. One representative from the state assembly.

AB40-SA36,31,8 2. One representative from the state senate.

AB40-SA36,31,9 3. One representative of care management organizations.

AB40-SA36,31,12 4. One representative of county departments, under s. 46.215, 46.22, 46.23, 51.42, or 51.437, selected from counties where the Family Care Program is not available.

AB40-SA36,31,13 5. One representative of the board for people with developmental disabilities.

AB40-SA36,31,14 6. One representative of the council on physical disabilities.

AB40-SA36,31,15 7. One representative of the council on mental health.

AB40-SA36,31,16 8. One representative of the board on aging and long-term care.

AB40-SA36,31,19 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.

AB40-SA36,31,21 (3) Chairperson. Annually, the governor shall appoint one member of the board to serve as the chairperson.

AB40-SA36,32,2 (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.

AB40-SA36,32,3 (b) The executive committee may do the following:

AB40-SA36,32,5 1. Hire an executive director who is not a member of the board and serves at the pleasure of the board.

AB40-SA36,32,6 2. Hire employees to carry out the duties of the authority.

AB40-SA36,32,7 3. Engage in contracts for services to carry out the duties of the authority.

AB40-SA36,32,9 (5) Terms. The terms of members of the board appointed under sub. (1) (c) shall expire on July 1.

AB40-SA36,32,14 (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.

AB40-SA36,32,21 (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.

AB40-SA36,32,25 (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.

AB40-SA36,33,3 (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.

AB40-SA36,33,7 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:

AB40-SA36,33,9 (1) Adopt policies and procedures to govern its proceedings and to carry out its duties as specified in this chapter.

AB40-SA36,33,11 (2) Employ, appoint, engage, compensate, transfer, or discharge necessary personnel.

AB40-SA36,33,13 (3) Make or enter into contracts, including contracts for the provision of legal or accounting services.

AB40-SA36,33,14 (4) Award grants for the purposes set forth in this chapter.

AB40-SA36,33,15 (5) Buy, lease, or sell real or personal property.

AB40-SA36,33,16 (6) Sue and be sued.

AB40-SA36,33,18 (7) Accept gifts, grants, or assistance funds and use them for the purposes of this chapter.

AB40-SA36,33,19 (8) Collect fees for its services.

AB40-SA36,33,20 52.20 Duties of authority. The authority shall:

AB40-SA36,33,23 (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.

AB40-SA36,34,6 (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.

AB40-SA36,34,11 (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.

AB40-SA36,34,14 (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.

AB40-SA36,34,17 (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.

AB40-SA36,34,20 (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.

AB40-SA36,34,21 (7) Provide orientation activities and skills training for home care providers.

AB40-SA36,34,24 (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.

AB40-SA36,35,3 (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.

AB40-SA36,35,5 (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.

AB40-SA36,35,8 (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.

AB40-SA36,35,10 (12) Conduct activities to improve the supply and quality of home care providers.

AB40-SA36,35,14 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.

AB40-SA36,35,16 (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.

AB40-SA36,35,19 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.

AB40-SA36,73 Section 73. 59.875 (2) (a) of the statutes is renumbered 59.875 (2) and amended to read: