AB766,27,96 40.62 (2) Sick leave accumulation shall be determined in accordance with rules
7of the department, any collective bargaining agreement under subch. I, V, or VI of
8ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2),
9233.10, 238.04 (8), 757.02 (5) and 978.12 (3).
AB766,60 10Section 60. 40.80 (3) of the statutes is amended to read:
AB766,27,1211 40.80 (3) Any action taken under this section shall apply to employees covered
12by a collective bargaining agreement under subch. V or VI of ch. 111.
AB766,61 13Section 61. 40.81 (3) of the statutes is amended to read:
AB766,27,1514 40.81 (3) Any action taken under this section shall apply to employees covered
15by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.
AB766,62 16Section 62. 40.95 (1) (a) 2. of the statutes is amended to read:
AB766,27,1817 40.95 (1) (a) 2. The employee has his or her compensation established in a
18collective bargaining agreement under subch. V or VI of ch. 111.
AB766,63 19Section 63. 46.284 (4) (m) of the statutes is created to read:
AB766,27,2320 46.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in
21accordance with any agreement under subch. V of ch. 111 relating to a provider hired
22directly by an enrollee and make any payroll deductions authorized by those
23agreements.
AB766,64 24Section 64. 46.2895 (8) (a) 1. of the statutes is amended to read:
AB766,28,15
146.2895 (8) (a) 1. If the long-term care district offers employment to any
2individual who was previously employed by a county, which participated in creating
3the district and at the time of the offer had not withdrawn or been removed from the
4district under sub. (14), and who while employed by the county performed duties
5relating to the same or a substantially similar function for which the individual is
6offered employment by the district and whose wages, hours, and conditions of
7employment
were established in a collective bargaining agreement with the county
8under subch. IV of ch. 111 that is in effect on the date that the individual commences
9employment with the district, with respect to that individual, abide by the terms of
10the collective bargaining agreement concerning the individual's wages and, if
11applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday
12allowance, funeral leave allowance, personal day allowance, or paid time off
13allowance
until the time of the expiration of that collective bargaining agreement or
14adoption of a collective bargaining agreement with the district under subch. IV of ch.
15111 covering the individual as an employee of the district, whichever occurs first.
AB766,65 16Section 65. 46.2898 of the statutes is created to read:
AB766,28,17 1746.2898 Quality home care. (1) Definitions. In this section:
AB766,28,1818 (a) "Authority" means the Wisconsin Quality Home Care Authority.
AB766,28,1919 (b) "Care management organization" has the meaning given in s. 46.2805 (1).
AB766,28,2120 (cm) "Consumer" means an adult who receives home care services and who
21meets all of the following criteria:
AB766,28,2222 1. Is a resident of any of the following:
AB766,28,2323 a. A county that has acted under sub. (2) (a).
AB766,28,2424 b. A county in which the Family Care Program under s. 46.286 is available.
AB766,29,2
1c. A county in which the Program of All-Inclusive Care for the Elderly under
242 USC 1396u-4 is available.
AB766,29,53d. A county in which the self-directed services option program under 42 USC
41396n
(c) is available or in which a program operated under an amendment to the
5state medical assistance plan under 42 USC 1396n (j) is available.
AB766,29,76 2. Self-directs all or part of his or her home care services and is an employer
7listed on the provider's income tax forms.
AB766,29,88 3. Is eligible to receive a home care benefit under one of the following:
AB766,29,99 a. The Family Care Program under s. 46.286.
AB766,29,1010b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.
AB766,29,1311 c. A program operated under a waiver from the secretary of the federal
12department of health and human services under 42 USC 1396n (c) or 42 USC 1396n
13(b) and (c) or the self-directed services option operated under 42 USC 1396n (c).
AB766,29,1514 d. A program operated under an amendment to the state medical assistance
15plan under 42 USC 1396n (j).
AB766,29,2016 (dm) "Home care" means supportive home care, personal care, and other
17nonprofessional services of a type that may be covered under a medical assistance
18waiver under 42 USC 1396n (c) and that are provided to individuals to assist them
19in meeting their daily living needs, ensuring adequate functioning in their homes,
20and permitting safe access to their communities.
AB766,29,2221 (e) "Provider" means an individual who is hired by a consumer to provide home
22care to the consumer but does not include any of the following:
AB766,29,2423 1. A person, while he or she is providing services in the capacity of an employee
24of any of the following entities:
AB766,29,2525 a. A home health agency licensed under s. 50.49.
AB766,30,1
1b. A personal care provider agency.
AB766,30,22 c. A company or agency providing supportive home care.
AB766,30,33 d. An independent living center, as defined in s. 46.96 (1) (ah).
AB766,30,54 e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or
551.437.
AB766,30,76 2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her
7professional capacity.
AB766,30,168 (f) "Qualified provider" means a provider who meets the qualifications for
9payment through the Family Care Program under s. 46.286, the Program for
10All-Inclusive Care for the Elderly operated under 42 USC 1396u-4, an amendment
11to the state medical assistance plan under 42 USC 1396n (j), or a medical assistance
12waiver program operated under a waiver from the secretary of the federal
13department of health and human services under 42 USC 1396n (c) or 42 USC 1396n
14(b) and (c) and any qualification criteria established in the rules promulgated under
15sub. (7) and who the authority determines is eligible for placement on the registry
16maintained by the authority under s. 52.20 (1).
AB766,30,20 17(2) County participation. (a) A county board of supervisors may require a
18county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to follow
19procedures under this section and to pay providers in accordance with agreements
20under subch. V of ch. 111.
AB766,30,2221 (b) If a county acts under par. (a), it shall notify the department and the
22authority of its action.
AB766,30,2523 (c) A county that acts under par. (a) shall compensate providers in accordance
24with any agreement under subch. V of ch. 111 and make any payroll deductions
25authorized by such agreements.
AB766,31,5
1(4) Duties of home care payors. Care management organizations, the state,
2and counties, as described in sub. (1) (cm) 1. a. to d., that pay for the provision of home
3care services to consumers shall provide to the authority the name, address,
4telephone number, date of hire, and date of termination of any provider hired by an
5individual receiving home care services.
AB766,31,6 6(5) Duties of consumers. A consumer shall do all of the following:
AB766,31,97 (a) Inform the authority of the name, address, telephone number, date of hire,
8and date of termination of any provider hired by the consumer to provide home care
9services.
AB766,31,1210 (b) Compensate providers in accordance with any collective bargaining
11agreement that applies to home care providers under subch. V of ch. 111 and make
12any payroll deductions authorized by the agreement.
AB766,31,15 13(6) Providers. (a) A qualified provider providing home care services under this
14section shall be subject to the collective bargaining agreement that applies to home
15care providers under subch. V of ch. 111.
AB766,31,1716 (b) A qualified provider may choose to be placed on the registry maintained by
17the authority under s. 52.20 (1).
AB766,31,21 18(7) Department rule making. The department may promulgate rules defining
19terms, specifying which services constitute home care, establishing the qualification
20criteria that apply under sub. (1) (f), and establishing procedures for implementation
21of this section.
AB766,66 22Section 66. 46.48 (9m) of the statutes is created to read:
AB766,32,223 46.48 (9m) Quality home care. The department shall award a grant to the
24Wisconsin Quality Home Care Authority for the purpose of providing services to

1recipients and providers of home care under s. 46.2898 and ch. 52 and may award
2grants to counties to facilitate transition to procedures established under s. 46.2898.
AB766,67 3Section 67. 49.825 (3) (b) 4. of the statutes is created to read:
AB766,32,94 49.825 (3) (b) 4. The department may enter into a memorandum of
5understanding, as described in s. 111.70 (3m), with the certified representative of the
6county employees performing services under this section for the unit. If there is a
7dispute as to hours or conditions of employment that remains between the
8department and the certified representative after a good faith effort to resolve it, the
9department may unilaterally resolve the dispute.
AB766,68 10Section 68. 49.826 (3) (b) 4. of the statutes is created to read:
AB766,32,1611 49.826 (3) (b) 4. The department may enter into a memorandum of
12understanding, as described in s. 111.70 (3p), with the certified representative of the
13county employees performing services under this section in the county for the unit.
14If there is a dispute as to hours or conditions of employment that remains between
15the department and the certified representative after a good faith effort to resolve
16it, the department may unilaterally resolve the dispute.
AB766,69 17Section 69. Chapter 52 of the statutes is created to read:
AB766,32,1818 CHAPTER 52
AB766,32,1919 QUALITY HOME CARE
AB766,32,20 2052.01 Definitions. In this chapter:
AB766,32,21 21(1) "Authority" means the Wisconsin Quality Home Care Authority.
AB766,32,22 22(2) "Board" means the board of directors of the authority.
AB766,32,23 23(3) "Care management organization" has the meaning given in s. 46.2805 (1).
AB766,32,24 24(3m) "Consumer" has the meaning given in s. 46.2898 (1) (cm).
AB766,32,25 25(4) "Department" means the department of health services.
AB766,33,1
1(5) "Family Care Program" means the benefit program described in s. 46.286.
AB766,33,3 2(6) "Home care provider" means an individual who is a qualified provider under
3s. 46.2898 (1) (f).
AB766,33,6 4(7) "Medical assistance waiver program" means a program operated under a
5waiver from the secretary of the federal department of health and human services
6under 42 USC 1396n (c) or 42 USC 1396n (b) and (c).
AB766,33,8 7(8) "Program of All-Inclusive Care for the Elderly" means the program
8operated under 42 USC 1396u-4.
AB766,33,12 952.05 Creation and organization of authority. (1) Creation and
10membership of board.
There is created a public body corporate and politic to be
11known as the "Wisconsin Quality Home Care Authority." The members of the board
12shall consist of the following members:
AB766,33,1313 (a) The secretary of the department of health services or his or her designee.
AB766,33,1514 (b) The secretary of the department of workforce development or his or her
15designee.
AB766,33,1616 (c) The following, to be appointed by the governor to serve 3-year terms:
AB766,33,1717 1. One representative from the state assembly.
AB766,33,1818 2. One representative from the state senate.
AB766,33,1919 3. One representative of care management organizations.
AB766,33,2220 4. One representative of county departments, under s. 46.215, 46.22, 46.23,
2151.42, or 51.437, selected from counties where the Family Care Program is not
22available.
AB766,33,2323 5. One representative of the board for people with developmental disabilities.
AB766,33,2424 6. One representative of the council on physical disabilities.
AB766,33,2525 7. One representative of the council on mental health.
AB766,34,1
18. One representative of the board on aging and long-term care.
AB766,34,42 9. Eleven individuals, each of whom is a current or former recipient of home
3care services through the Family Care Program or a medical assistance waiver
4program or an advocate for or representative of consumers of home care services.
AB766,34,6 5(3) Chairperson. Annually, the governor shall appoint one member of the
6board to serve as the chairperson.
AB766,34,11 7(4) Executive committee. (a) The board shall elect an executive committee.
8The executive committee shall consist of the chair of the board, the secretary of the
9department of health services or his or her designee, the secretary of the department
10of workforce development or his or her designee, and 3 persons selected from board
11members appointed under sub. (1) (c) 9.
AB766,34,1212 (b) The executive committee may do the following:
AB766,34,1413 1. Hire an executive director who is not a member of the board and serves at
14the pleasure of the board.
AB766,34,1515 2. Hire employees to carry out the duties of the authority.
AB766,34,1616 3. Engage in contracts for services to carry out the duties of the authority.
AB766,34,18 17(5) Terms. The terms of members of the board appointed under sub. (1) (c) shall
18expire on July 1.
AB766,34,23 19(6) Quorum. A majority of the members of the board constitutes a quorum for
20the purpose of conducting its business and exercising its powers and for all other
21purposes, notwithstanding the existence of any vacancies. Action may be taken by
22the board upon a vote of a majority of the members present. Meetings of the members
23of the board may be held anywhere within the state.
AB766,35,5 24(7) Vacancies. Each member of the board shall hold office until a successor is
25appointed and qualified unless the member vacates or is removed from his or her

1office. A member who serves as a result of holding another office or position vacates
2his or her office as a member when he or she vacates the other office or position. A
3member who ceases to qualify for office vacates his or her office. A vacancy on the
4board shall be filled in the same manner as the original appointment to the board for
5the remainder of the unexpired term, if any.
AB766,35,9 6(8) Compensation. The members of the board are not entitled to compensation
7for the performance of their duties. The authority may reimburse members of the
8board for actual and necessary expenses incurred in the discharge of their official
9duties as provided by the board.
Loading...
Loading...