46.286 (1) (a) 1. The person's functional capacity level of care need is at either of the following levels:
a. The comprehensive nursing home level, if the person has a long-term or irreversible condition, expected to last at least 90 days or result in death within one year of the date of application, and requires ongoing care, assistance or supervision.
b. The intermediate non-nursing home level, if the person has a condition that is expected to last at least 90 days or result in death within 12 months after the date of application, and is at risk of losing his or her independence or functional capacity unless he or she receives assistance from others.
20,1005
Section
1005. 46.286 (1) (b) (intro.) of the statutes is amended to read:
46.286 (1) (b) Financial eligibility. (intro.) A person is financially eligible if all any of the following apply:
20,1006
Section
1006. 46.286 (1) (b) 1. (intro.) of the statutes is repealed.
20,1007
Section
1007. 46.286 (1) (b) 1. a. of the statutes is renumbered 46.286 (1) (b) 3. and amended to read:
46.286 (1) (b) 3. The person was receiving the family care benefit on the effective date of this subdivision .... [revisor inserts date], the person would qualify for medical assistance except for financial or disability criteria, and the projected cost of the person's care plan, as calculated by the department or its designee, exceeds the person's gross monthly income, plus one-twelfth of his or her countable assets, less deductions and allowances permitted by rule by the department.
20,1008
Section
1008. 46.286 (1) (b) 1. b. and 2. of the statutes are consolidated, renumbered 46.286 (1) (b) 1m. and amended to read:
46.286 (1) (b) 1m. The person is eligible under ch. 49 for medical assistance. 2. If subd. 1. b. applies, the person accepts medical assistance and, unless he or she is exempt from the acceptance under rules promulgated by the department, accepts medical assistance.
20,1009
Section
1009. 46.286 (3) (a) (intro.) of the statutes is amended to read:
46.286 (3) (a) (intro.) Subject to pars. par. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if he or she all of the following apply:
1m. The person is at least 18 years of age,.
2m. The person has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or degenerative brain disorder, as defined in s. 55.01 (1v), is a frail elder.
4m. The person is financially eligible, under sub. (1) (b) 1m., and fulfills any applicable cost-sharing requirements and meets any of the following criteria:.
20,1010
Section
1010. 46.286 (3) (a) 1. of the statutes is repealed.
20,1011
Section
1011. 46.286 (3) (a) 2. of the statutes is repealed.
20,1012
Section
1012. 46.286 (3) (a) 3. of the statutes is repealed.
20,1013
Section
1013. 46.286 (3) (a) 3m. of the statutes is created to read:
46.286 (3) (a) 3m. The person is functionally eligible under sub. (1) (a).
20,1014
Section
1014. 46.286 (3) (a) 4. of the statutes is repealed.
20,1015
Section
1015. 46.286 (3) (a) 6. of the statutes is repealed.
20,1016
Section
1016. 46.286 (3) (d) of the statutes is repealed.
20,1017
Section
1017. 46.286 (3m) of the statutes is repealed and recreated to read:
46.286 (3m) Information about enrollees. The department shall obtain and share information about family care enrollees as provided in s. 49.475.
20,1018
Section
1018. 46.288 (2) (intro.) of the statutes is amended to read:
46.288 (2) (intro.) Criteria and procedures for determining functional eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under s. 46.286 (2) (a) and entitlement under s. 46.286 (3). The rules for determining functional eligibility under s. 46.286 (1) (a) 1. a. shall be substantially similar to eligibility criteria for receipt of the long-term support community options program under s. 46.27. Rules under this subsection shall include definitions of the following terms applicable to s. 46.286:
20,1019
Section
1019. 46.289 (title) of the statutes is renumbered 46.2803 (title).
20,1020
Section
1020. 46.289 of the statutes is renumbered 46.2803 (1).
20,1021
Section
1021. 46.2895 (title) of the statutes is amended to read:
46.2895 (title) Family Long-term care district.
20,1022
Section
1022. 46.2895 (1) (a) (intro.) of the statutes is amended to read:
46.2895 (1) (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:
20,1023
Section
1023. 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.
20,1024
Section
1024. 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).
20,1025
Section
1025. 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.
20,1026
Section
1026. 46.2895 (1) (b) of the statutes is repealed.
20,1027
Section
1027. 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.
20,1028
Section
1028. 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.
20,1029
Section
1029. 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.
20,1030
Section
1030. 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.
20,1031
Section
1031. 46.2895 (3) (title) of the statutes is amended to read:
46.2895 (3) (title) Family
Long-term care district board.
20,1032
Section
1032. 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.
20,1033
Section
1033. 46.2895 (3) (a) 2. of the statutes is repealed.
20,1034
Section
1034. 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.
20,1035
Section
1035. 46.2895 (3) (b) 2. of the statutes is repealed.
20,1036
Section
1036. 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.
20,1037
Section
1037. 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.
20,1038
Section
1038. 46.2895 (3) (c) of the statutes is repealed.
20,1039
Section
1039. 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.
20,1040
Section
1040. 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:
20,1041
Section
1041. 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.
20,1042
Section
1042. 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.
20,1043
Section
1043. 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.
20,1044
Section
1044. 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.
20,1045
Section
1045. 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).
20,1046
Section
1046. 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.
20,1047
Section
1047. 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.
20,1048
Section
1048. 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.
20,1049
Section
1049. 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:
20,1050
Section
1050. 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.
20,1051
Section
1051. 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).
20,1052
Section
1052. 46.2895 (6) (d) of the statutes is amended to read:
