Amendment CSA1-SB40

SB40-CSA1, s. 1026 Section 1026. 46.2895 (1) (b) of the statutes is repealed.

SB40-CSA1, s. 1027 Section 1027. 46.2895 (1) (c) of the statutes is created to read:

SB40-CSA1,576,9 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.

SB40-CSA1, s. 1028 Section 1028. 46.2895 (1) (d) of the statutes is created to read:

SB40-CSA1,576,12 46.2895 (1) (d) A county or tribe or band may create more than one long-term care district.

SB40-CSA1, s. 1029 Section 1029. 46.2895 (1) (e) of the statutes is created to read:

SB40-CSA1,576,19 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 b. if all the counties or tribes or bands that created the district and that have not withdrawn or been removed from the district under sub.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.

SB40-CSA1, s. 1030 Section 1030. 46.2895 (2) of the statutes is amended to read:

SB40-CSA1,576,25 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.

SB40-CSA1, s. 1031 Section 1031. 46.2895 (3) (title) of the statutes is amended to read:

SB40-CSA1,577,2 46.2895 (3) (title) Family Long-term care district board.

SB40-CSA1, s. 1032 Section 1032. 46.2895 (3) (a) 1. of the statutes is renumbered 46.2895 (3) (a) and amended to read:

SB40-CSA1,577,9 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.

SB40-CSA1, s. 1033 Section 1033. 46.2895 (3) (a) 2. of the statutes is repealed.

SB40-CSA1, s. 1034 Section 1034. 46.2895 (3) (b) 1. of the statutes is amended to read:

SB40-CSA1,577,17 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.

SB40-CSA1, s. 1035 Section 1035. 46.2895 (3) (b) 2. of the statutes is repealed.

SB40-CSA1, s. 1036 Section 1036. 46.2895 (3) (b) 3. of the statutes is amended to read:

SB40-CSA1,577,24 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.

SB40-CSA1,578,3 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.

SB40-CSA1, s. 1037 Section 1037. 46.2895 (3) (b) 5. of the statutes is created to read:

SB40-CSA1,578,6 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.

SB40-CSA1, s. 1038 Section 1038. 46.2895 (3) (c) of the statutes is repealed.

SB40-CSA1, s. 1039 Section 1039. 46.2895 (3) (d) of the statutes is amended to read:

SB40-CSA1,578,16 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.

SB40-CSA1, s. 1040 Section 1040. 46.2895 (4) (intro.) of the statutes is amended to read:

SB40-CSA1,578,21 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:

SB40-CSA1, s. 1041 Section 1041. 46.2895 (4) (b) of the statutes is amended to read:

SB40-CSA1,579,2 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.

SB40-CSA1, s. 1042 Section 1042. 46.2895 (4) (dm) of the statutes is created to read:

SB40-CSA1,579,6 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.

SB40-CSA1, s. 1043 Section 1043. 46.2895 (4) (g) of the statutes is amended to read:

SB40-CSA1,579,12 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.

SB40-CSA1, s. 1044 Section 1044. 46.2895 (4) (h) of the statutes is amended to read:

SB40-CSA1,579,15 46.2895 (4) (h) Mortgage, pledge or otherwise encumber the family long-term care district's property or funds.

SB40-CSA1, s. 1045 Section 1045. 46.2895 (4) (k) of the statutes is amended to read:

SB40-CSA1,579,19 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).

SB40-CSA1, s. 1046 Section 1046. 46.2895 (4) (L) of the statutes is amended to read:

SB40-CSA1,579,25 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.

SB40-CSA1, s. 1047 Section 1047. 46.2895 (4) (m) of the statutes is amended to read:

SB40-CSA1,580,3 46.2895 (4) (m) Make and execute other instruments necessary or convenient to exercise the powers of the family long-term care district.

SB40-CSA1, s. 1048 Section 1048. 46.2895 (5) of the statutes is amended to read:

SB40-CSA1,580,6 46.2895 (5) Limitation on powers. A family long-term care district may not issue bonds or levy a tax or assessment.

SB40-CSA1, s. 1049 Section 1049. 46.2895 (6) (intro.) of the statutes is amended to read:

SB40-CSA1,580,9 46.2895 (6) Duties. (intro.) The family long-term care district board shall do all of the following:

SB40-CSA1, s. 1050 Section 1050. 46.2895 (6) (b) of the statutes is amended to read:

SB40-CSA1,580,13 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.

SB40-CSA1, s. 1051 Section 1051. 46.2895 (6) (c) of the statutes is amended to read:

SB40-CSA1,580,16 46.2895 (6) (c) Assure compliance with the terms of any contract with the department under sub. (4) (d) or (dm).

SB40-CSA1, s. 1052 Section 1052. 46.2895 (6) (d) of the statutes is amended to read:

SB40-CSA1,580,19 46.2895 (6) (d) Establish a fiscal operating year and annually adopt a budget for the family long-term care district.

SB40-CSA1, s. 1053 Section 1053. 46.2895 (6) (e) of the statutes is amended to read:

SB40-CSA1,580,22 46.2895 (6) (e) Contract for any legal services required for the family long-term care district.

SB40-CSA1, s. 1054 Section 1054. 46.2895 (7) (a) of the statutes is amended to read:

SB40-CSA1,581,3 46.2895 (7) (a) Manage the property and business of the family long-term care district and manage the employees of the district, subject to the general control of the family long-term care district board.

SB40-CSA1, s. 1055 Section 1055. 46.2895 (7) (b) of the statutes is amended to read:

SB40-CSA1,581,6 46.2895 (7) (b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the family long-term care district board.

SB40-CSA1, s. 1056 Section 1056. 46.2895 (7) (c) of the statutes is amended to read:

SB40-CSA1,581,9 46.2895 (7) (c) Perform duties in addition to those specified in pars. (a) and (b) as are prescribed by the family long-term care district board.

SB40-CSA1, s. 1057 Section 1057. 46.2895 (8) (a) (intro.) of the statutes is amended to read:

SB40-CSA1,581,12 46.2895 (8) (a) (intro.) A family long-term care district board that is created at least in part by a county shall do all of the following:

SB40-CSA1, s. 1058 Section 1058. 46.2895 (8) (a) 1. of the statutes is amended to read:

SB40-CSA1,582,4 46.2895 (8) (a) 1. If the family long-term care district offers employment to any individual who was previously employed by the a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district and whose wages, hours and conditions of employment were established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date that the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's compensation and benefits wages and, if applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal day allowance, or paid time off allowance until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

SB40-CSA1, s. 1059 Section 1059. 46.2895 (8) (a) 2. of the statutes is repealed.

SB40-CSA1, s. 1060 Section 1060. 46.2895 (8) (a) 3. of the statutes is amended to read:

SB40-CSA1,582,15 46.2895 (8) (a) 3. If the family long-term care district offers employment to any individual who was previously employed by the a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, with respect to that individual, recognize all years of service with the county for any benefit provided or program operated by the district for which an employee's years of service may affect the provision of the benefit or the operation of the program.

SB40-CSA1, s. 1061 Section 1061. 46.2895 (8) (a) 4. of the statutes is amended to read:

SB40-CSA1,582,22 46.2895 (8) (a) 4. If the county has not established its own retirement system for county employees, adopt a resolution that the family long-term care district be included within the provisions of the Wisconsin retirement system under s. 40.21 (1). In this resolution, the family long-term care district shall agree to recognize 100% of the prior creditable service of its employees earned by the employees while employed by the district.

SB40-CSA1, s. 1062 Section 1062. 46.2895 (8) (b) (intro.) of the statutes is amended to read:

SB40-CSA1,583,3 46.2895 (8) (b) (intro.) The county board of supervisors of the area of jurisdiction of the family each county that creates a long-term care district shall do all of the following:

SB40-CSA1, s. 1063 Section 1063. 46.2895 (8) (b) 1. of the statutes is amended to read:

SB40-CSA1,583,7 46.2895 (8) (b) 1. If the county has established its own retirement system for county employees, provide that family long-term care district employees are eligible to participate in the county retirement system.

SB40-CSA1, s. 1064 Section 1064. 46.2895 (8) (b) 2. of the statutes is repealed.

SB40-CSA1, s. 1065 Section 1065. 46.2895 (8) (b) 2m. of the statutes is created to read:

SB40-CSA1,583,13 46.2895 (8) (b) 2m. If the long-term care district employs any individual who was previously employed by the county, provide the individual health care coverage that is similar to the health care coverage that the county provided the individual when he or she was employed by the county.

SB40-CSA1, s. 1066 Section 1066. 46.2895 (8) (b) 3. of the statutes is repealed.

SB40-CSA1, s. 1067 Section 1067. 46.2895 (8) (c) of the statutes is created to read:

SB40-CSA1,583,19 46.2895 (8) (c) A long-term care district and any county that created the district and has not withdrawn from or been removed from the district under sub. (14) may enter into an agreement allocating the costs of providing benefits described under this section between the district and the county.

SB40-CSA1, s. 1068 Section 1068. 46.2895 (9) of the statutes is amended to read:

SB40-CSA1,584,2 46.2895 (9) Confidentiality of records. No record, as defined in s. 19.32 (2), of a family long-term care district that contains personally identifiable information, as defined in s. 19.62 (5), concerning an individual who receives services from the family long-term care district may be disclosed by the family long-term care district without the individual's informed consent, except as required to comply with s. 16.009 (2) (p) or 49.45 (4).

SB40-CSA1, s. 1069 Section 1069. 46.2895 (10) of the statutes is amended to read:

SB40-CSA1,584,12 46.2895 (10) Exchange of information. Notwithstanding sub. (9) and ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a family long-term care district acting under this section may exchange confidential information about a client, as defined in s. 46.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (7), 46.284 (7), 51.42 (3) (e) or 51.437 (4r) (b) in the jurisdiction of the family long-term care district, if necessary to enable the family long-term care district to perform its duties or to coordinate the delivery of services to the client.

SB40-CSA1, s. 1070 Section 1070. 46.2895 (11) of the statutes is amended to read:

SB40-CSA1,584,19 46.2895 (11) Obligations and , debts, and responsibilities not those of county. The obligations and debts of the family a long-term care district are not the obligations or debts of the any county that created the family care district. If a long-term care district is obligated by statute or contract to provide or pay for services or benefits, no county is responsible for providing or paying for those services or benefits.

SB40-CSA1, s. 1071 Section 1071. 46.2895 (12) of the statutes is amended to read:

SB40-CSA1,585,2 46.2895 (12) Assistance to family long-term care district. From moneys in the a county treasury that are not appropriated to some other purpose, the county board of supervisors under sub. (1) (a) or the county boards of supervisors under sub. (1) (b) may appropriate moneys to the family a long-term care district that the county participated in creating as a gift or may lend moneys to the family long-term care district.

SB40-CSA1, s. 1072 Section 1072. 46.2895 (13) (intro.), (a) and (b) of the statutes are consolidated, renumbered 46.2895 (13) and amended to read:

SB40-CSA1,585,22 46.2895 (13) Dissolution. (intro.) Subject to the performance of the contractual obligations of a family long-term care district and if first approved by the secretary of the department, the family long-term care district may be dissolved by the joint action of the family long-term care district board and each county board of supervisors under sub. (1) (a) or the county boards of supervisors under sub. (1) (b) or tribe or band that created the family long-term care district and has not withdrawn or been removed from the district under sub. (14). If the family a long-term care district that is created by one county or tribe or band is dissolved, the property of the district shall be transferred to the county board of supervisors or tribe or band that created the family care district except as follows: it. (a) If the family a long-term care district was is created under sub. (1) (b), by more than one county or tribe or band, all of the county boards of supervisors counties or tribes or bands that created the district and that have not withdrawn or been removed from the district under sub. (14) shall agree on the apportioning of the family long-term care district's property before the district may be dissolved. (b) If the family long-term care district operates a care management organization under s. 46.284, disposition of any remaining funds in the risk reserve under s. 46.284 (5) (e) shall be made under the terms of the district's contract with the department.

SB40-CSA1, s. 1073 Section 1073. 46.2895 (14) of the statutes is created to read: