AB133-ASA1,586,3
1a. For cause, by a two-thirds vote of each county board of supervisors or
2governing body of a tribe or band participating in the appointment, on due notice in
3writing and hearing of the charges against the member.
AB133-ASA1,586,64 b. If the member, when appointed, was a member of the county board of
5supervisors or was another elected official and was not reelected to that office, on due
6notice in writing.
AB133-ASA1,586,147 (c) Terms. The members of the local long-term care council appointed under
8par. (a) shall serve 3-year terms. No member may serve more than 2 consecutive
9terms. Of the members first appointed under par. (b) 1., 6 shall be appointed for 3
10years; 6 shall be appointed for 4 years; and 5 shall be appointed for 5 years. Of the
11members first appointed under par. (b) 2., 8 shall be appointed for 3 years; 8 shall be
12appointed for 4 years; and 7 shall be appointed for 5 years. Of the members appointed
13under par. (b) 3., one-third shall be appointed for 3 years; one-third shall be
14appointed for 4 years; and one-third shall be appointed for 5 years.
AB133-ASA1,586,2215 (d) Compensation and training. Members of the local long-term care council
16who are older persons, persons with physical or developmental disabilities or the
17family members or other representatives of these persons shall receive compensation
18from the applicable county for reasonable expenses associated with membership
19participation. The county board of supervisors or, in the case of a member appointed
20by the governing body of a tribe or band or by the Great Lakes inter-tribal council,
21inc., the tribe or band or the Great Lakes inter-tribal council, inc., shall provide
22training to these members to enable them to participate effectively.
AB133-ASA1,587,323 (e) Officers. At the first meeting of a local long-term care council, members
24shall elect from their number a chairperson, a secretary and other officers as
25necessary. Vacancies in these offices shall be filled for the unexpired terms. The

1chairperson shall preside at all meetings when present and countersign all actions
2taken by the local long-term care council. In case of the absence of the chairperson
3for any meeting, the members present shall choose a temporary chairperson.
AB133-ASA1,587,5 4(3) Local long-term care councils; powers and duties. (a) A local long-term
5care council shall do all of the following within the council's area:
AB133-ASA1,587,126 1. Develop the initial plan for the structure of the county, multicounty or tribal
7resource center and care management organization or organizations, including
8formulating recommendations to the county board or boards of supervisors and, in
9a county with a county executive or a county administrator, to the county executive
10or county administrator, to the governing body of the tribe or band or of the Great
11Lakes inter-tribal council, inc., if applicable, and to the department on all of the
12following:
AB133-ASA1,587,1613 a. Whether or not the county, counties, tribe or band or Great Lakes inter-tribal
14council, inc., should exercise its right to apply under s. 46.283 (1) for a contract to
15operate a resource center or to apply under s. 46.284 (1) for a contract to operate a
16care management organization and how the operation should proceed.
AB133-ASA1,587,1817 b. Whether the county should create a family care district to operate a resource
18center or under a care management organization.
AB133-ASA1,587,2219 c. Whether local organizations other than the county should serve as
20alternatives or in addition to county-operated entities to operate a resource center
21or a care management organization and, if so, which organizations should be
22considered.
AB133-ASA1,587,2523 d. If applicable, how county-operated functions should interact with a resource
24center or care management organization that is operated by a tribe or band or by the
25Great Lakes inter-tribal council, inc.
AB133-ASA1,588,5
12. a. In the years 2000 and 2001, under criteria that the department prescribes,
2after consulting with the council on long-term care, evaluate the performance of the
3care management organization or organizations in the area of the local long-term
4care council and determine whether additional care management organizations are
5needed in the area and, if so, recommend this to the department.
AB133-ASA1,588,106 b. In the year 2002 and thereafter, under criteria that the department
7prescribes, evaluate the performance of the care management organization or
8organizations in the area of the local long-term care council and determine whether
9additional care management organizations are needed in the area and, if so
10recommend this to the department.
AB133-ASA1,588,1511 3. Advise the department regarding applications for initial certification or
12certification renewal of care management organizations in the area of the local
13long-term care council, including providing recommendations for organizations
14applying for certification or recertification, and assist the department in reviewing
15and evaluating the applications.
AB133-ASA1,588,2016 4. Receive information about and monitor complaints from persons served by
17the care management organization in the area concerning whether the numbers of
18providers of long-term care services used by the care management organization are
19sufficient to ensure convenient and desirable consumer choice and provide
20recommendations under subd. 3. to the department about this issue.
AB133-ASA1,588,2421 5. Review initial plans and existing provider networks of any care management
22organization in the area to assist the care management organization in developing
23a network of service providers that includes a sufficient number of accessible,
24convenient and desirable services.
AB133-ASA1,589,3
16. Advise care management organizations about whether to offer optional
2acute and primary health care services and, if so, how these benefits should be
3offered.
AB133-ASA1,589,54 7. Review the utilization of various types of long-term care services by care
5management organizations in the area.
AB133-ASA1,589,76 8. Monitor the pattern of enrollments and disenrollments in local care
7management organizations.
AB133-ASA1,589,108 9. Identify gaps in services, living arrangements and community resources and
9develop strategies to build local capacity to serve older persons and persons with
10physical or developmental disabilities, especially those with long-term care needs.
AB133-ASA1,589,1211 10. Perform long-range planning on policy for older persons and persons with
12physical or developmental disabilities.
AB133-ASA1,589,1713 11. Annually review interagency agreements between a resource center and
14care management organization or organizations and make recommendations, as
15appropriate, on the interaction between the resource center and the care
16management organization or organizations to assure coordination between or
17among them.
AB133-ASA1,589,2118 12. Annually review the number and types of complaints and grievances about
19the long-term care system by persons who receive or may receive care under the
20system, to determine if a need exists for system changes, and recommend system or
21other changes if appropriate.
AB133-ASA1,589,2422 13. Identify potential new sources of community resources and funding for
23needed services for older persons and persons with physical or developmental
24disabilities.
AB133-ASA1,590,2
114. Support long-term care system improvements to improve services to older
2persons and persons with physical or developmental disabilities and their families.
AB133-ASA1,590,53 15. Annually report to the department and, before July 1, 2001, to the
4long-term care council concerning significant achievements and problems in the
5local long-term care system.
AB133-ASA1,590,86 (b) A local long-term care council may, within the local long-term care council's
7area, assume the duties of the county long-term community support planning
8committee as specified under s. 46.27 (4).
AB133-ASA1, s. 1073 9Section 1073. 46.282 (1) of the statutes, as created by 1999 Wisconsin Act ....
10(this act), is repealed.
AB133-ASA1, s. 1074 11Section 1074. 46.283 of the statutes is created to read:
AB133-ASA1,590,16 1246.283 Resource centers. (1) Application for contract. (a) After
13considering recommendations of the local long-term care council under s. 46.282 (3)
14(a) 1., a county board of supervisors and, in a county with a county executive or a
15county administrator, the county executive or county administrator, may decide all
16of the following:
AB133-ASA1,590,2017 1. Whether to authorize one or more county departments under s. 46.21,
1846.215, 46.22 or 46.23 or an aging unit under s. 46.82 (1) (a) 1. or 2. to apply to the
19department for a contract to operate a resource center and, if so, which to authorize
20and what client group to serve.
AB133-ASA1,590,2221 2. Whether to create a family care district to apply to the department for a
22contract to operate a resource center.
AB133-ASA1,591,223 (b) After considering recommendations of the local long-term care council
24under s. 46.282 (3) (a) 1., the governing body of a tribe or band or of the Great Lakes
25inter-tribal council, inc., may decide whether to authorize a tribal agency to apply

1to the department for a contract to operate a resource center for tribal members and,
2if so, which client group to serve.
AB133-ASA1,591,73 (c) Under the requirements of par. (a), a county board of supervisors may decide
4to apply to the department for a contract to operate a multicounty resource center
5in conjunction with the county board or boards of one or more other counties or a
6county-tribal resource center in conjunction with the governing body of a tribe or
7band or the Great Lakes inter-tribal council, inc.
AB133-ASA1,591,128 (d) Under the requirements of par. (b), the governing body of a tribe or band may
9decide to apply to the department for a contract to operate a resource center in
10conjunction with the governing body or governing bodies of one or more other tribes
11or bands or the Great Lakes inter-tribal council, inc., or with a county board of
12supervisors.
AB133-ASA1,591,16 13(2) Exclusive contract. (a) Before July 1, 2001, the department may contract
14only with a county, a family care district, the governing body of a tribe or band or the
15Great Lakes inter-tribal council, inc., or with 2 or more of these entities under a joint
16application, to operate a resource center.
AB133-ASA1,591,2417 (b) After June 30, 2001, the department shall contract with the entities
18specified under s. 46.281 (1) (d) 1. and may, in addition to contracting with these
19entities and subject to approval of necessary funding, contract to operate a resource
20center with counties, family care districts, the governing body of a tribe or band or
21the Great Lakes inter-tribal council, inc., or under a joint application of any of these,
22or with a private nonprofit organization if the department determines that the
23organization has no significant connection to an entity that operates a care
24management organization and if any of the following applies:
AB133-ASA1,592,2
11. A county board of supervisors declines in writing to apply for a contract to
2operate a resource center.
AB133-ASA1,592,43 2. A county agency or a family care district applies for a contract but fails to
4meet the standards specified in sub. (3).
AB133-ASA1,592,6 5(3) Standards for operation. The department shall assure that at least all of
6the following are available to a person who contacts a resource center for service:
AB133-ASA1,592,87 (a) Information and referral services and other assistance at hours that are
8convenient for the public.
AB133-ASA1,592,99 (b) A determination of functional eligibility for the family care benefit.
AB133-ASA1,592,1010 (c) Within the limits of available funding, prevention and intervention services.
AB133-ASA1,592,1111 (d) Counseling concerning public and private benefits programs.
AB133-ASA1,592,1412 (e) A determination of financial eligibility and of the maximum amount of cost
13sharing required for a person who is seeking long-term care services, under
14standards prescribed by the department.
AB133-ASA1,592,1815 (f) Assistance to a person who is eligible for the family care benefit with respect
16to the person's choice of whether or not to enroll in a care management organization
17and, if so, which available care management organization would best meet his or her
18needs.
AB133-ASA1,592,2019 (g) Assistance in enrolling in a care management organization for persons who
20choose to enroll.
AB133-ASA1,592,2321 (h) Equitable assignment of priority on any necessary waiting lists, consistent
22with criteria prescribed by the department, for persons who are eligible for the family
23care benefit but who do not meet the criteria under s. 46.286 (3).
AB133-ASA1,593,3
1(i) Assessment of risk for each person who is on a waiting list, as described in
2par. (h), development with the person of an interim plan of care and assistance to the
3person in arranging for services.
AB133-ASA1,593,54 (j) Transitional services to families whose children with physical or
5developmental disabilities are preparing to enter the adult service system.
AB133-ASA1,593,86 (k) A determination of eligibility for state supplemental payments under s.
749.77, medical assistance under s. 49.46, 49.468 or 49.47 or the federal food stamp
8program under 7 USC 2011 to 2029.
AB133-ASA1,593,9 9(4) Duties. A resource center shall do all of the following:
AB133-ASA1,593,1110 (a) Provide services within the entire geographic area prescribed for the
11resource center by the department.
AB133-ASA1,593,1312 (b) Submit to the department all reports and data required or requested by the
13department.
AB133-ASA1,593,1514 (c) Implement internal quality improvement and quality assurance processes
15that meet standards prescribed by the department.
AB133-ASA1,593,1616 (d) Cooperate with any review by an external advocacy organization.
AB133-ASA1,593,2317 (e) Within 6 months after the family care benefit is available to all eligible
18persons in the area of the resource center, provide information about the services of
19the resource center, including the services specified in sub. (3) (d), about assessments
20under s. 46.284 (4) (b) and care plans under s. 46.284 (4) (c) and about the family care
21benefit to all older persons and persons with a physical disability who are residents
22of nursing homes, community-based residential facilities, adult family homes and
23residential care apartment complexes in the area of the resource center.
AB133-ASA1,594,3
1(f) Provide a functional and financial screen to any resident, as specified in par.
2(e), who requests a screen and assist any resident who is eligible and chooses to enroll
3in a care management organization to do so.
AB133-ASA1,594,94 (g) Provide a functional and financial screen to any person seeking admission
5to a nursing home, community-based residential facility, residential care apartment
6complex or adult family home if the secretary has certified that the resource center
7is available to the person and the facility and the person is determined by the
8resource center to have a condition that is expected to last at least 90 days that would
9require care, assistance or supervision.
AB133-ASA1,594,1210 (h) Provide access to services under s. 46.90 and ch. 55 to a person who is
11eligible for the services, through cooperation with the county agency or agencies that
12provide the services.
AB133-ASA1,594,1413 (i) Assure that emergency calls to the resource center are responded to
14promptly, 24 hours per day.
AB133-ASA1,594,18 15(5) Funding. From the appropriation accounts under s. 20.435 (4) (b), (bm) and
16(pa) and (7) (b), (bd) and (md), the department may contract with organizations that
17meet standards under sub. (3) for performance of the duties under sub. (4) and shall
18distribute funds for services provided by resource centers.
AB133-ASA1,594,23 19(6) Governing board. A resource center shall have a governing board that
20reflects the ethnic and economic diversity of the geographic area served by the
21resource center. At least one-fourth of the members of the governing board shall be
22older persons or persons with physical or developmental disabilities or their family
23members, guardians or other advocates.
AB133-ASA1,595,3 24(7) Confidentiality; exchange of information. No record, as defined in s. 19.32
25(2), of a resource center that contains personally identifiable information, as defined

1in s. 19.62 (5), concerning an individual who receives services from the resource
2center may be disclosed by the resource center without the individual's informed
3consent, except as follows:
AB133-ASA1,595,64 (a) A resource center may provide information as required to comply with s.
516.009 (2) (p) or 49.45 (4) or as necessary for the department to administer the
6program under ss. 46.2805 to 46.2895.
AB133-ASA1,595,137 (b) Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06
8(17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a resource center acting
9under this section may exchange confidential information about a client, as defined
10in s. 46.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c),
1146.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.284 (7), 46.2895 (10), 51.42 (3) (e) or
1251.437 (4r) (b) in the county of the resource center, if necessary to enable the resource
13center to perform its duties or to coordinate the delivery of services to the client.
AB133-ASA1, s. 1075 14Section 1075. 46.284 of the statutes is created to read:
AB133-ASA1,595,19 1546.284 Care management organizations. (1) Application for contract.
16(a) After considering recommendations of the local long-term care council under s.
1746.282 (3) (a) 1., a county board of supervisors and, in a county with a county
18executive or a county administrator, the county executive or county administrator,
19may decide all of the following:
AB133-ASA1,595,2320 1. Whether to authorize one or more county departments under s. 46.21,
2146.215, 46.22 or 46.23 or an aging unit under s. 46.82 (1) (a) 1. or 2. to apply to the
22department for a contract to operate a care management organization and, if so,
23which to authorize and what client group to serve.
AB133-ASA1,595,2524 2. Whether to create a family care district to apply to the department for a
25contract to operate a care management organization.
AB133-ASA1,596,4
1(b) The governing body of a tribe or band or of the Great Lakes inter-tribal
2council, inc., may decide whether to authorize a tribal agency to apply to the
3department for a contract to operate a care management organization for tribal
4members and, if so, which client group to serve.
AB133-ASA1,596,95 (c) Under the requirements of par. (a), a county board of supervisors may decide
6to apply to the department for a contract to operate a multicounty care management
7organization in conjunction with the county board or boards of one or more other
8counties or a county-tribal care management organization in conjunction with the
9governing body of a tribe or band or the Great Lakes inter-tribal council, inc.
AB133-ASA1,596,1410 (d) Under the requirements of par. (b), the governing body of a tribe or band may
11decide to apply to the department for a contract to operate a care management
12organization in conjunction with the governing body or governing bodies of one or
13more other tribes or bands or the Great Lakes inter-tribal council, inc., or with a
14county board of supervisors.
AB133-ASA1,596,19 15(2) Contracts. (a) The department may contract for operation of a care
16management organization only with an entity that is certified as meeting the
17requirements under sub. (3). No entity may operate as a care management
18organization under the requirements of this section unless so certified and under
19contract with the department.
AB133-ASA1,597,220 (b) Within each county, the department shall initially contract to operate a care
21management organization with the county or a family care district if the county
22elects to operate a care management organization and the care management
23organization meets the requirements of sub. (3) and performance standards
24prescribed by the department. A county that contracts under this paragraph may
25operate the care management organization for all of the target groups or for a

1selected group or groups. With respect to contracts exclusively with counties to
2operate a care management organization, all of the following apply:
AB133-ASA1,597,53 1. Before January 1, 2003, the department may not contract with an
4organization other than the county to operate a care management organization in
5the county unless any of the following applies:
AB133-ASA1,597,76 a. The county and the local long-term care council agree in writing that at least
7one additional care management organization is necessary or desirable.
AB133-ASA1,597,108 b. The governing body of a tribe or band or the Great Lakes inter-tribal council,
9inc., elects to operate a care management organization within the area and is
10certified under sub. (3).
AB133-ASA1,597,1311 2. After December 31, 2002, and before January 1, 2004, the department may
12not contract with an organization other than the county to operate a care
13management organization in the county unless any of the following applies:
AB133-ASA1,597,1414 a. Subdivision 1. a. or b. applies.
AB133-ASA1,597,1615 b. The county fails to meet requirements of sub. (3) and performance standards
16prescribed by the department.
AB133-ASA1,597,2017 c. The county does not have the capacity to serve all county residents who are
18entitled to the family care benefit in the client group or groups that the county serves
19and cannot develop the capacity. If this subd. 2. c. applies, the department may
20contract with an organization in addition to the county.
AB133-ASA1,598,521 3. After December 31, 2003, the department may contract with counties, family
22care districts, the governing body of a tribe or band or the Great Lakes inter-tribal
23council, inc., or under a joint application of any of these, or with a private nonprofit
24organization that has no significant connection to an entity that operates a resource
25center. Proposals for contracts under this subdivision shall be solicited under a

1competitive sealed proposal process under s. 16.75 (2m) and, after consulting with
2the local long-term care council for the county or counties, the department shall
3evaluate the proposals primarily as to the quality of care that is proposed to be
4provided, certify those applicants that meet the requirements specified in sub. (3) (a),
5select certified applicants for contract and contract with the selected applicants.
AB133-ASA1,598,12 6(3) Certification; requirements. (a) If an entity meets the requirements
7under par. (b) and applicable rules of the department and submits to the department
8an application for initial certification or certification renewal, the department shall
9certify that the entity meets the requirements for a care management organization.
10An application shall include comments about the applicant and recommendations
11about the application that are provided by the appropriate local long-term care
12council, as specified under s. 46.282 (3) (a) 3.
AB133-ASA1,598,1413 (b) To be certified as a care management organization, an applicant shall
14demonstrate or ensure all of the following:
AB133-ASA1,598,1815 1. Adequate availability of providers with the expertise and ability to provide
16services that are responsive to the disabilities or conditions of all of the applicant's
17proposed enrollees and sufficient representation of programmatic philosophies and
18cultural orientations to accommodate a variety of enrollee preferences and needs.
AB133-ASA1,598,2119 2. Adequate availability of providers that can meet the preferences and needs
20of its proposed service recipients for services at various times, including evenings,
21weekends and, when applicable, on a 24-hour basis.
AB133-ASA1,598,2422 3. Adequate availability of providers that are able and willing to perform all
23of the tasks that are likely to be identified in proposed enrollees' service and care
24plans.
AB133-ASA1,599,2
14. Adequate availability of residential and day services that are geographically
2accessible to proposed enrollees' homes, families or friends.
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