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(1) (e) A long-term care district may change its primary purpose
9specified under par. (a) 1. b. if all the counties or tribes or bands that created the
10district and that have not withdrawn or been removed from the district under sub.
11(14), adopt a resolution approving the change in primary purpose and if the change
12in purpose does not violate par. (c) or any provision of a contract between the
13department and the district.
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(2) Jurisdiction. A
family long-term care district's jurisdiction is the
16geographical area of the county or counties
of the county board or boards of
17supervisors who that created the
family long-term care district
and the geographic
18area of the reservation of, or lands held in trust for, any tribe or band that created
19the long-term care district.
SB40-SSA1, s. 1031
20Section
1031. 46.2895 (3) (title) of the statutes is amended to read:
SB40-SSA1,555,2121
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(3) (title)
Family
Long-term care district board.
SB40-SSA1, s. 1032
22Section
1032. 46.2895 (3) (a) 1. of the statutes is renumbered 46.2895 (3) (a)
23and amended to read:
SB40-SSA1,556,324
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(3) (a) The county board of supervisors of a county or, in a county with
25a county administrator or county executive, the county administrator or county
1executive shall appoint the
members of the family long-term care district board
,
2which is the governing board of a family care district under sub. (1) (a) members
3whom the county is allotted, by resolutions adopted under sub. (1) (a) 1. c., to appoint.
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(3) (b) 1.
The family care district board appointed under par. (a) 1. shall
7consist of 15 persons who are residents of the area of jurisdiction of the family care
8district. At least one-fourth of the members
of a long-term care district board shall
9be representative of the client group or groups whom it is the
family long-term care
10district's primary purpose to serve or those clients' family members, guardians
, or
11other advocates.
SB40-SSA1,556,1814
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(3) (b) 3. Membership of
the family a long-term care district board
15under subd. 1. or 2. shall reflect the ethnic and economic diversity
of in the
area of 16jurisdiction of the
family long-term care district.
Up to one-fourth of the members
17of the board may be elected or appointed officials or employees of the county or
18counties that created the family care district.
SB40-SSA1,556,21
194. No member of
the a long-term care district board may have a private
20financial interest in or profit directly or indirectly from any contract or other
21business of the
family long-term care district.
SB40-SSA1,556,2423
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(3) (b) 5. Only individuals who reside within the jurisdiction of a
24long-term care district may serve as members of the long-term care district board.
SB40-SSA1,557,92
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(3) (d) As soon as possible after the appointment of the initial members
3of the
family long-term care district board, the board shall organize for the
4transaction of business and elect a chairperson and other necessary officers. Each
5chairperson shall be elected by the board from time to time for the term of that
6chairperson's office as a member of the board or for the term of 3 years, whichever
7is shorter, and shall be eligible for reelection. A majority of the board shall constitute
8a quorum.
The Unless specified otherwise in a bylaw adopted by the board, the board
9may act based on the affirmative vote of a majority of a quorum.
SB40-SSA1, s. 1040
10Section
1040. 46.2895 (4) (intro.) of the statutes is amended to read:
SB40-SSA1,557,1411
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(4) Powers. (intro.) Subject to sub. (1)
(a) 1. b. (c), a
family long-term 12care district has all the powers necessary or convenient to carry out the purposes and
13provisions of ss. 46.2805 to 46.2895. In addition to all these powers, a
family 14long-term care district may do all of the following:
SB40-SSA1,557,1916
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(4) (b) Adopt bylaws and policies and procedures for the regulation of
17its affairs and the conduct of its business. The bylaws, policies and procedures shall
18be consistent with ss. 46.2805 to 46.2895 and, if the
family long-term care district
19contracts with the department under par. (d)
or (dm), with the terms of that contract.
SB40-SSA1,557,2321
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(4) (dm) Subject to sub. (1) (c), enter into a contract with the
22department to operate a program described under s. 46.2805 (1) (a) or (b) and provide
23services related to the contracted services.
SB40-SSA1,558,5
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(4) (g) Subject to sub. (8), employ any agent, employee, or special
2adviser that the
family long-term care district finds necessary, fix and regulate his
3or her compensation and provide, either directly or subject to an agreement under
4s. 66.0301 as a participant in a benefit plan of another governmental entity, any
5employee benefits, including an employee pension plan.
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(4) (h) Mortgage, pledge or otherwise encumber the
family long-term 8care district's property or funds.
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(4) (k) Create a risk reserve or other special reserve as the
family 11long-term care district board desires or as the department requires under the
12contract with the department that is specified under par. (d).
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(4) (L) Accept aid, including loans, to accomplish the purpose of the
15family long-term care district from any local, state or federal governmental agency
16or accept gifts, loans, grants or bequests from individuals or entities, if the conditions
17under which the aid, loan, gift, grant or bequest is furnished are not in conflict with
18this section.
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(4) (m) Make and execute other instruments necessary or convenient
21to exercise the powers of the
family long-term care district.
SB40-SSA1,558,2423
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(5) Limitation on powers. A
family long-term care district may not
24issue bonds or levy a tax or assessment.
SB40-SSA1, s. 1049
25Section
1049. 46.2895 (6) (intro.) of the statutes is amended to read:
SB40-SSA1,559,2
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(6) Duties. (intro.) The
family long-term care district board shall do
2all of the following:
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(6) (b) Subject to sub. (8), develop and implement a personnel
5structure and other employment policies for employees of the
family long-term 6care district.
SB40-SSA1,559,98
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(6) (c) Assure compliance with the terms of any contract with the
9department under sub. (4) (d)
or (dm).
SB40-SSA1,559,1211
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(6) (d) Establish a fiscal operating year and annually adopt a budget
12for the
family long-term care district.
SB40-SSA1,559,1514
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(6) (e) Contract for any legal services required for the
family long-term 15care district.
SB40-SSA1,559,1917
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(7) (a) Manage the property and business of the
family long-term care
18district and manage the employees of the district, subject to the general control of the
19family long-term care district board.
SB40-SSA1,559,2221
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(7) (b) Comply with the bylaws and direct enforcement of all policies
22and procedures adopted by the
family long-term care district board.
SB40-SSA1,559,2524
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(7) (c) Perform duties in addition to those specified in pars. (a) and (b)
25as are prescribed by the
family long-term care district board.
SB40-SSA1, s. 1057
1Section
1057. 46.2895 (8) (a) (intro.) of the statutes is amended to read:
SB40-SSA1,560,32
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(8) (a) (intro.) A
family
long-term care district board
that is created
3at least in part by a county shall do all of the following:
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(8) (a) 1. If the
family
long-term care district offers employment to any
6individual who was previously employed by
the a county
, which participated in
7creating the district and at the time of the offer had not withdrawn or been removed
8from the district under sub. (14), and who while employed by the county performed
9duties relating to the same or a substantially similar function for which the
10individual is offered employment by the district and whose wages, hours and
11conditions of employment were established in a collective bargaining agreement
12with the county under subch. IV of ch. 111 that is in effect on the date that the
13individual commences employment with the district, with respect to that individual,
14abide by the terms of the collective bargaining agreement concerning the individual's
15compensation and benefits wages and, if applicable, vacation allowance, sick leave
16accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal
17day allowance, or paid time off allowance until the time of the expiration of that
18collective bargaining agreement or adoption of a collective bargaining agreement
19with the district under subch. IV of ch. 111 covering the individual as an employee
20of the district, whichever occurs first.
SB40-SSA1,561,623
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(8) (a) 3. If the
family
long-term care district offers employment to any
24individual who was previously employed by
the a county
, which participated in
25creating the district and at the time of the offer had not withdrawn or been removed
1from the district under sub. (14), and who while employed by the county performed
2duties relating to the same or a substantially similar function for which the
3individual is offered employment by the district, with respect to that individual,
4recognize all years of service with the county for any benefit provided or program
5operated by the district for which an employee's years of service may affect the
6provision of the benefit or the operation of the program.
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(8) (a) 4. If the county has not established its own retirement system
9for county employees, adopt a resolution that the
family long-term care district be
10included within the provisions of the Wisconsin retirement system under s. 40.21 (1).
11In this resolution, the
family long-term care district shall agree to recognize 100%
12of the prior creditable service of its employees earned by the employees while
13employed by the district.
SB40-SSA1, s. 1062
14Section
1062. 46.2895 (8) (b) (intro.) of the statutes is amended to read:
SB40-SSA1,561,1715
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(8) (b) (intro.) The county board of supervisors of
the area of
16jurisdiction of the family each county that creates a long-term care district shall do
17all of the following:
SB40-SSA1,561,2119
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(8) (b) 1. If the county has established its own retirement system for
20county employees, provide that
family long-term care district employees are eligible
21to participate in the county retirement system.
SB40-SSA1, s. 1065
23Section
1065. 46.2895 (8) (b) 2m. of the statutes is created to read:
SB40-SSA1,562,224
46.2895
(8) (b) 2m. If the long-term care district employs any individual who
25was previously employed by the county, provide the individual health care coverage
1that is similar to the health care coverage that the county provided the individual
2when he or she was employed by the county.
SB40-SSA1,562,85
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(8) (c) A long-term care district and any county that created the
6district and has not withdrawn from or been removed from the district under sub.
7(14) may enter into an agreement allocating the costs of providing benefits described
8under this section between the district and the county.
SB40-SSA1,562,1510
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(9) Confidentiality of records. No record, as defined in s. 19.32 (2),
11of a
family long-term care district that contains personally identifiable information,
12as defined in s. 19.62 (5), concerning an individual who receives services from the
13family long-term care district may be disclosed by the
family long-term care district
14without the individual's informed consent, except as required to comply with s.
1516.009 (2) (p) or 49.45 (4).
SB40-SSA1,562,2517
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(10) Exchange of information. Notwithstanding sub. (9) and ss.
1848.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7),
19253.07 (3) (c) and 938.78 (2) (a), a
family long-term care district acting under this
20section may exchange confidential information about a client, as defined in s.
2146.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c),
2246.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (7), 46.284 (7), 51.42 (3) (e) or
2351.437 (4r) (b) in the jurisdiction of the
family
long-term care district, if necessary
24to enable the
family long-term care district to perform its duties or to coordinate
25the delivery of services to the client.
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(11) Obligations and
, debts, and responsibilities not those of county. 3The obligations and debts of
the family a long-term care district are not the
4obligations or debts of
the any county that created the
family care district.
If a
5long-term care district is obligated by statute or contract to provide or pay for
6services or benefits, no county is responsible for providing or paying for those services
7or benefits.
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(12) Assistance to family long-term care district. From moneys in
10the a county treasury that are not appropriated to some other purpose, the county
11board of supervisors
under sub. (1) (a) or the county boards of supervisors under sub.
12(1) (b) may appropriate moneys to
the family
a long-term care district
that the county
13participated in creating as a gift or may lend moneys to the
family long-term care
14district.
SB40-SSA1, s. 1072
15Section
1072. 46.2895 (13) (intro.), (a) and (b) of the statutes are consolidated,
16renumbered 46.2895 (13) and amended to read:
SB40-SSA1,564,917
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(13) Dissolution. (intro.) Subject to the performance of the
18contractual obligations of a
family long-term care district and if first approved by the
19secretary of the department, the
family long-term care district may be dissolved by
20the joint action of the
family long-term care district board and
each county
board of
21supervisors under sub. (1) (a) or the county boards of supervisors under sub. (1) (b)
22or tribe or band that created the
family long-term care district
and has not
23withdrawn or been removed from the district under sub. (14). If the
family a
24long-term care district
that is created by one county or tribe or band is dissolved, the
25property of the district shall be transferred to the county
board of supervisors or tribe
1or band that created
the family care district except as follows: it. (a) If
the family a
2long-term care district
was is created
under sub. (1) (b), by more than one county or
3tribe or band, all of the
county boards of supervisors counties or tribes or bands that
4created the district and that have not withdrawn or been removed from the district
5under sub. (14) shall agree on the apportioning of the
family long-term care district's
6property before the district may be dissolved.
(b) If the
family long-term care district
7operates a care management organization under s. 46.284, disposition of any
8remaining funds in the risk reserve under s. 46.284 (5) (e) shall be made under the
9terms of the district's contract with the department.
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(14) Withdrawal or removal of a county or tribe or band. Subject
12to approval from the department, a long-term care district may establish conditions
13for a county or tribe or band that participated with one or more counties or tribes or
14bands in creating the district to withdraw from the district or for the district to
15remove the county or tribe or band from the district.
SB40-SSA1,564,2017
46.29
(1) (intro.) From the appropriation under s. 20.435 (6) (a), the
18department shall allocate
up to $10,000 at least $16,100 in each fiscal year for
19operation of the council on physical disabilities. The council on physical disabilities
20shall do all of the following:
SB40-SSA1, s. 1076
21Section
1076. 46.30 (title) of the statutes is renumbered 49.265 (title).
