SB40-CSA1,576,2521
46.2895
(2) Jurisdiction. A
family long-term care district's jurisdiction is the
22geographical area of the county or counties
of the county board or boards of
23supervisors who that created the
family long-term care district
and the geographic
24area of the reservation of, or lands held in trust for, any tribe or band that created
25the long-term care district.
SB40-CSA1,577,22
46.2895
(3) (title)
Family
Long-term care district board.
SB40-CSA1, s. 1032
3Section
1032. 46.2895 (3) (a) 1. of the statutes is renumbered 46.2895 (3) (a)
4and amended to read:
SB40-CSA1,577,95
46.2895
(3) (a) The county board of supervisors of a county or, in a county with
6a county administrator or county executive, the county administrator or county
7executive shall appoint the
members of the family
long-term care district board
,
8which is the governing board of a family care district under sub. (1) (a) members
9whom the county is allotted, by resolutions adopted under sub. (1) (a) 1. c., to appoint.
SB40-CSA1,577,1712
46.2895
(3) (b) 1.
The family care district board appointed under par. (a) 1. shall
13consist of 15 persons who are residents of the area of jurisdiction of the family care
14district. At least one-fourth of the members
of a long-term care district board shall
15be representative of the client group or groups whom it is the
family long-term care
16district's primary purpose to serve or those clients' family members, guardians
, or
17other advocates.
SB40-CSA1,577,2420
46.2895
(3) (b) 3. Membership of
the family a long-term care district board
21under subd. 1. or 2. shall reflect the ethnic and economic diversity
of in the
area of 22jurisdiction of the
family long-term care district.
Up to one-fourth of the members
23of the board may be elected or appointed officials or employees of the county or
24counties that created the family care district.
SB40-CSA1,578,3
14. No member of
the a long-term care district board may have a private
2financial interest in or profit directly or indirectly from any contract or other
3business of the
family long-term care district.
SB40-CSA1,578,65
46.2895
(3) (b) 5. Only individuals who reside within the jurisdiction of a
6long-term care district may serve as members of the long-term care district board.
SB40-CSA1,578,169
46.2895
(3) (d) As soon as possible after the appointment of the initial members
10of the
family long-term care district board, the board shall organize for the
11transaction of business and elect a chairperson and other necessary officers. Each
12chairperson shall be elected by the board from time to time for the term of that
13chairperson's office as a member of the board or for the term of 3 years, whichever
14is shorter, and shall be eligible for reelection. A majority of the board shall constitute
15a quorum.
The Unless specified otherwise in a bylaw adopted by the board, the board
16may act based on the affirmative vote of a majority of a quorum.
SB40-CSA1, s. 1040
17Section
1040. 46.2895 (4) (intro.) of the statutes is amended to read:
SB40-CSA1,578,2118
46.2895
(4) Powers. (intro.) Subject to sub. (1)
(a) 1. b. (c), a
family long-term 19care district has all the powers necessary or convenient to carry out the purposes and
20provisions of ss. 46.2805 to 46.2895. In addition to all these powers, a
family 21long-term care district may do all of the following:
SB40-CSA1,579,223
46.2895
(4) (b) Adopt bylaws and policies and procedures for the regulation of
24its affairs and the conduct of its business. The bylaws, policies and procedures shall
1be consistent with ss. 46.2805 to 46.2895 and, if the
family long-term care district
2contracts with the department under par. (d)
or (dm), with the terms of that contract.
SB40-CSA1,579,64
46.2895
(4) (dm) Subject to sub. (1) (c), enter into a contract with the
5department to operate a program described under s. 46.2805 (1) (a) or (b) and provide
6services related to the contracted services.
SB40-CSA1,579,128
46.2895
(4) (g) Subject to sub. (8), employ any agent, employee, or special
9adviser that the
family long-term care district finds necessary, fix and regulate his
10or her compensation and provide, either directly or subject to an agreement under
11s. 66.0301 as a participant in a benefit plan of another governmental entity, any
12employee benefits, including an employee pension plan.
SB40-CSA1,579,1514
46.2895
(4) (h) Mortgage, pledge or otherwise encumber the
family long-term 15care district's property or funds.
SB40-CSA1,579,1917
46.2895
(4) (k) Create a risk reserve or other special reserve as the
family 18long-term care district board desires or as the department requires under the
19contract with the department that is specified under par. (d).
SB40-CSA1,579,2521
46.2895
(4) (L) Accept aid, including loans, to accomplish the purpose of the
22family long-term care district from any local, state or federal governmental agency
23or accept gifts, loans, grants or bequests from individuals or entities, if the conditions
24under which the aid, loan, gift, grant or bequest is furnished are not in conflict with
25this section.
SB40-CSA1,580,32
46.2895
(4) (m) Make and execute other instruments necessary or convenient
3to exercise the powers of the
family long-term care district.
SB40-CSA1,580,65
46.2895
(5) Limitation on powers. A
family long-term care district may not
6issue bonds or levy a tax or assessment.
SB40-CSA1, s. 1049
7Section
1049. 46.2895 (6) (intro.) of the statutes is amended to read:
SB40-CSA1,580,98
46.2895
(6) Duties. (intro.) The
family long-term care district board shall do
9all of the following:
SB40-CSA1,580,1311
46.2895
(6) (b) Subject to sub. (8), develop and implement a personnel
12structure and other employment policies for employees of the
family long-term 13care district.
SB40-CSA1,580,1615
46.2895
(6) (c) Assure compliance with the terms of any contract with the
16department under sub. (4) (d)
or (dm).
SB40-CSA1,580,1918
46.2895
(6) (d) Establish a fiscal operating year and annually adopt a budget
19for the
family long-term care district.
SB40-CSA1,580,2221
46.2895
(6) (e) Contract for any legal services required for the
family long-term 22care district.
SB40-CSA1,581,3
146.2895
(7) (a) Manage the property and business of the
family long-term care
2district and manage the employees of the district, subject to the general control of the
3family long-term care district board.
SB40-CSA1,581,65
46.2895
(7) (b) Comply with the bylaws and direct enforcement of all policies
6and procedures adopted by the
family long-term care district board.
SB40-CSA1,581,98
46.2895
(7) (c) Perform duties in addition to those specified in pars. (a) and (b)
9as are prescribed by the
family long-term care district board.
SB40-CSA1, s. 1057
10Section
1057. 46.2895 (8) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,581,1211
46.2895
(8) (a) (intro.) A
family
long-term care district board
that is created
12at least in part by a county shall do all of the following:
SB40-CSA1,582,414
46.2895
(8) (a) 1. If the
family
long-term care district offers employment to any
15individual who was previously employed by
the a county
, which participated in
16creating the district and at the time of the offer had not withdrawn or been removed
17from the district under sub. (14), and who while employed by the county performed
18duties relating to the same or a substantially similar function for which the
19individual is offered employment by the district and whose wages, hours and
20conditions of employment were established in a collective bargaining agreement
21with the county under subch. IV of ch. 111 that is in effect on the date that the
22individual commences employment with the district, with respect to that individual,
23abide by the terms of the collective bargaining agreement concerning the individual's
24compensation and benefits wages and, if applicable, vacation allowance, sick leave
25accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal
1day allowance, or paid time off allowance until the time of the expiration of that
2collective bargaining agreement or adoption of a collective bargaining agreement
3with the district under subch. IV of ch. 111 covering the individual as an employee
4of the district, whichever occurs first.
SB40-CSA1,582,157
46.2895
(8) (a) 3. If the
family
long-term care district offers employment to any
8individual who was previously employed by
the a county
, which participated in
9creating the district and at the time of the offer had not withdrawn or been removed
10from the district under sub. (14), and who while employed by the county performed
11duties relating to the same or a substantially similar function for which the
12individual is offered employment by the district, with respect to that individual,
13recognize all years of service with the county for any benefit provided or program
14operated by the district for which an employee's years of service may affect the
15provision of the benefit or the operation of the program.
SB40-CSA1,582,2217
46.2895
(8) (a) 4. If the county has not established its own retirement system
18for county employees, adopt a resolution that the
family long-term care district be
19included within the provisions of the Wisconsin retirement system under s. 40.21 (1).
20In this resolution, the
family long-term care district shall agree to recognize 100%
21of the prior creditable service of its employees earned by the employees while
22employed by the district.
SB40-CSA1, s. 1062
23Section
1062. 46.2895 (8) (b) (intro.) of the statutes is amended to read:
SB40-CSA1,583,3
146.2895
(8) (b) (intro.) The county board of supervisors of
the area of
2jurisdiction of the family each county that creates a long-term care district shall do
3all of the following:
SB40-CSA1,583,75
46.2895
(8) (b) 1. If the county has established its own retirement system for
6county employees, provide that
family long-term care district employees are eligible
7to participate in the county retirement system.
SB40-CSA1,583,1310
46.2895
(8) (b) 2m. If the long-term care district employs any individual who
11was previously employed by the county, provide the individual health care coverage
12that is similar to the health care coverage that the county provided the individual
13when he or she was employed by the county.
SB40-CSA1,583,1916
46.2895
(8) (c) A long-term care district and any county that created the
17district and has not withdrawn from or been removed from the district under sub.
18(14) may enter into an agreement allocating the costs of providing benefits described
19under this section between the district and the county.
SB40-CSA1,584,221
46.2895
(9) Confidentiality of records. No record, as defined in s. 19.32 (2),
22of a
family long-term care district that contains personally identifiable information,
23as defined in s. 19.62 (5), concerning an individual who receives services from the
24family long-term care district may be disclosed by the
family long-term care district
1without the individual's informed consent, except as required to comply with s.
216.009 (2) (p) or 49.45 (4).
SB40-CSA1,584,124
46.2895
(10) Exchange of information. Notwithstanding sub. (9) and ss.
548.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7),
6253.07 (3) (c) and 938.78 (2) (a), a
family long-term care district acting under this
7section may exchange confidential information about a client, as defined in s.
846.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c),
946.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (7), 46.284 (7), 51.42 (3) (e) or
1051.437 (4r) (b) in the jurisdiction of the
family
long-term care district, if necessary
11to enable the
family long-term care district to perform its duties or to coordinate
12the delivery of services to the client.
SB40-CSA1,584,1914
46.2895
(11) Obligations and
, debts, and responsibilities not those of county. 15The obligations and debts of
the family a long-term care district are not the
16obligations or debts of
the any county that created the
family care district.
If a
17long-term care district is obligated by statute or contract to provide or pay for
18services or benefits, no county is responsible for providing or paying for those services
19or benefits.
SB40-CSA1,585,221
46.2895
(12) Assistance to family long-term care district. From moneys in
22the a county treasury that are not appropriated to some other purpose, the county
23board of supervisors
under sub. (1) (a) or the county boards of supervisors under sub.
24(1) (b) may appropriate moneys to
the family
a long-term care district
that the county
1participated in creating as a gift or may lend moneys to the
family long-term care
2district.
SB40-CSA1, s. 1072
3Section
1072. 46.2895 (13) (intro.), (a) and (b) of the statutes are consolidated,
4renumbered 46.2895 (13) and amended to read:
SB40-CSA1,585,225
46.2895
(13) Dissolution. (intro.) Subject to the performance of the
6contractual obligations of a
family long-term care district and if first approved by the
7secretary of the department, the
family long-term care district may be dissolved by
8the joint action of the
family long-term care district board and
each county
board of
9supervisors under sub. (1) (a) or the county boards of supervisors under sub. (1) (b)
10or tribe or band that created the
family long-term care district
and has not
11withdrawn or been removed from the district under sub. (14). If the
family a
12long-term care district
that is created by one county or tribe or band is dissolved, the
13property of the district shall be transferred to the county
board of supervisors or tribe
14or band that created
the family care district except as follows: it. (a) If
the family a
15long-term care district
was is created
under sub. (1) (b), by more than one county or
16tribe or band, all of the
county boards of supervisors counties or tribes or bands that
17created the district and that have not withdrawn or been removed from the district
18under sub. (14) shall agree on the apportioning of the
family long-term care district's
19property before the district may be dissolved.
(b) If the
family long-term care district
20operates a care management organization under s. 46.284, disposition of any
21remaining funds in the risk reserve under s. 46.284 (5) (e) shall be made under the
22terms of the district's contract with the department.
SB40-CSA1,586,324
46.2895
(14) Withdrawal or removal of a county or tribe or band. Subject
25to approval from the department, a long-term care district may establish conditions
1for a county or tribe or band that participated with one or more counties or tribes or
2bands in creating the district to withdraw from the district or for the district to
3remove the county or tribe or band from the district.
SB40-CSA1,586,85
46.29
(1) (intro.) From the appropriation under s. 20.435 (6) (a), the
6department shall allocate
up to $10,000 at least $16,100 in each fiscal year for
7operation of the council on physical disabilities. The council on physical disabilities
8shall do all of the following:
SB40-CSA1, s. 1076
9Section
1076. 46.30 (title) of the statutes is renumbered 49.265 (title).
SB40-CSA1, s. 1079
12Section
1079. 46.30 (3) (title) of the statutes is renumbered 49.265 (3) (title).
SB40-CSA1, s. 1080
13Section
1080. 46.30 (3) (a) (intro.) of the statutes is renumbered 49.265 (3) (a)
14(intro.).
