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.
AB766,35,12 10(9) Employment of board member. It is not a conflict of interest for a board
11member to engage in private or public employment or in a profession or business,
12except to the extent prohibited by law, while serving as a member of the board.
AB766,35,16 1352.10 Powers of authority. The authority shall have all the powers
14necessary or convenient to carry out the purposes and provisions of this chapter and
15s. 46.2898. In addition to all other powers granted the authority under this chapter,
16the authority may:
AB766,35,18 17(1) Adopt policies and procedures to govern its proceedings and to carry out its
18duties as specified in this chapter.
AB766,35,20 19(2) Employ, appoint, engage, compensate, transfer, or discharge necessary
20personnel.
AB766,35,22 21(3) Make or enter into contracts, including contracts for the provision of legal
22or accounting services.
AB766,35,23 23(4) Award grants for the purposes set forth in this chapter.
AB766,35,24 24(5) Buy, lease, or sell real or personal property.
AB766,35,25 25(6) Sue and be sued.
AB766,36,2
1(7) Accept gifts, grants, or assistance funds and use them for the purposes of
2this chapter.
AB766,36,3 3(8) Collect fees for its services.
AB766,36,4 452.20 Duties of authority. The authority shall:
AB766,36,7 5(1) Establish and maintain a registry of eligible home care providers who
6choose to be on the registry for purposes of employment by consumers and provide
7referral services for consumers in need of home care services.
AB766,36,15 8(2) Determine the eligibility of individuals for placement on the registry. For
9purposes of determining eligibility, the authority shall apply the criteria described
10in s. 46.2898 (1) (f), including any qualifying criteria established by the department
11under s. 46.2898 (7). The authority shall also develop an appeal process for denial
12of placement on or removal of a provider from the registry consistent with the terms
13of the medical assistance waiver programs, the Family Care Program, an
14amendment to the state medical assistance plan under 42 USC 1396n (j), or the
15Program of All-Inclusive Care for the Elderly, as determined by the department.
AB766,36,20 16(3) Comply with any conditions necessary for consumers receiving home care
17services to receive federal medical assistance funding through a medical assistance
18waiver program, the Family Care Program, an amendment to the state medical
19assistance plan under 42 USC 1396n (j), or the Program of All-Inclusive Care for the
20Elderly.
AB766,36,23 21(4) Develop and operate recruitment and retention programs to expand the
22pool of home care providers qualified and available to provide home care services to
23consumers.
AB766,37,3
1(5) Maintain a list of home care providers included in a collective bargaining
2unit under s. 111.825 (2g) and provide the list of home care providers to the
3department at the department's request.
AB766,37,6 4(6) Notify home care providers providing home care services of any procedures
5for remaining a qualified provider under s. 46.2898 (1) (f) set forth by the department
6or the authority.
AB766,37,7 7(7) Provide orientation activities and skills training for home care providers.
AB766,37,10 8(8) Provide training and support for consumers hiring a home care provider
9regarding the duties and responsibilities of employers and skills needed to be
10effective employers.
AB766,37,13 11(9) Inform consumers of the experience and qualifications of home care
12providers on the registry and home care providers identified by consumers of home
13care services for employment.
AB766,37,15 14(10) Develop and operate a system of backup and respite referrals to home care
15providers and a 24-hour per day call service for consumers of home care services.
AB766,37,18 16(11) Report annually to the governor on the number of home care providers on
17the registry and the number of home care providers providing services under the
18authority.
AB766,37,20 19(12) Conduct activities to improve the supply and quality of home care
20providers.
AB766,37,24 2152.30 Liability limited. (1) The state, any political subdivision of the state,
22or any officer, employee, or agent of the state or a political subdivision who is acting
23within the scope of employment or agency is not liable for any debt, obligation, act,
24or omission of the authority.
AB766,38,2
1(2) All expenses incurred by the authority in exercising its duties and powers
2under this chapter shall be payable only from funds of the authority.
AB766,38,5 352.40 Health data. Any health data or identifying information collected by
4the authority is collected for the purpose of government regulatory and management
5functions.
AB766,70 6Section 70. 59.875 (2) (a) of the statutes is renumbered 59.875 (2) and
7amended to read:
AB766,38,138 59.875 (2) Beginning on July 1. 2011, in any employee retirement system of a
9county, except as otherwise provided in a collective bargaining agreement entered
10into under subch. IV of ch. 111 and except as provided in par. (b), employees shall pay
11half of all actuarially required contributions for funding benefits under the
12retirement system. The employer may not pay on behalf of an employee any of the
13employee's share of the actuarially required contributions.
AB766,71 14Section 71. 59.875 (2) (b) of the statutes is repealed.
AB766,72 15Section 72. 62.623 (1) of the statutes is renumbered 62.623 and amended to
16read:
AB766,38,23 1762.623 Payment of contributions in an employee retirement system of
18a 1st class city.
Beginning on July 1, 2011, in any employee retirement system of
19a 1st class city, except as otherwise provided in a collective bargaining agreement
20entered into under subch. IV of ch. 111 and except as provided in sub. (2), employees
21shall pay all employee required contributions for funding benefits under the
22retirement system. The employer may not pay on behalf of an employee any of the
23employee's share of the required contributions.
AB766,73 24Section 73. 62.623 (2) of the statutes is repealed.
AB766,74 25Section 74. 66.0506 of the statutes is repealed.
AB766,75
1Section 75. 66.0508 of the statutes is repealed.
AB766,76 2Section 76. 66.0509 (1m) of the statutes is repealed.
AB766,77 3Section 77. 70.11 (41s) of the statutes is created to read:
AB766,39,64 70.11 (41s) Wisconsin Quality Home Care Authority. All property owned by
5the Wisconsin Quality Home Care Authority, provided that use of the property is
6primarily related to the purposes of the authority.
AB766,78 7Section 78. 71.26 (1) (be) of the statutes, as affected by 2013 Wisconsin Act 20,
8is amended to read:
AB766,39,129 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin
10Hospitals and Clinics Authority, of the Wisconsin Quality Home Care Authority, of
11the Fox River Navigational System Authority, of the Wisconsin Economic
12Development Corporation, and of the Wisconsin Aerospace Authority.
AB766,79 13Section 79. 73.03 (68) of the statutes is repealed.
AB766,80 14Section 80. 77.54 (9a) (a) of the statutes, as affected by 2013 Wisconsin Act 20,
15is amended to read:
AB766,39,1916 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
17Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin
18Quality Home Care Authority,
the Wisconsin Economic Development Corporation,
19and the Fox River Navigational System Authority.
AB766,81 20Section 81. 100.45 (1) (dm) of the statutes is amended to read:
AB766,40,521 100.45 (1) (dm) "State agency" means any office, department, agency,
22institution of higher education, association, society, or other body in state
23government created or authorized to be created by the constitution or any law which
24is entitled to expend moneys appropriated by law, including the legislature and the
25courts, the Wisconsin Housing and Economic Development Authority, the Bradley

1Center Sports and Entertainment Corporation, the University of Wisconsin
2Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
3Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care
4Authority,
the Wisconsin Economic Development Corporation, and the Fox River
5Navigational System Authority.
AB766,82 6Section 82. 109.03 (1) (b) of the statutes is amended to read:
AB766,40,117 109.03 (1) (b) School district and private school employees who voluntarily
8request payment over a 12-month period for personal services performed during the
9school year, unless, with respect to private school employees, the such employees are
10covered under a valid collective bargaining agreement which precludes this method
11of payment.
AB766,83 12Section 83. 111.02 (1) of the statutes is amended to read:
AB766,40,1713 111.02 (1) "All-union agreement" means an agreement between an employer
14other than the University of Wisconsin Hospitals and Clinics Authority and the
15representative of the employer's employees in a collective bargaining unit whereby
16all or any of the employees in such unit are required to be members of a single labor
17organization.
AB766,84 18Section 84. 111.02 (2) of the statutes is amended to read:
AB766,40,2419 111.02 (2) "Collective bargaining" means the negotiation by an employer and
20a majority of the employer's employees in a collective bargaining unit, or their
21representatives, concerning representation or terms and conditions of employment
22of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a
23mutually genuine effort to reach an agreement with reference to the subject under
24negotiation.
AB766,85 25Section 85. 111.02 (3) of the statutes is amended to read:
AB766,41,15
1111.02 (3) "Collective bargaining unit" means all of the employees of one
2employer, employed within the state, except as provided in s. 111.05 (5) and (7) and
3except that where a majority of the employees engaged in a single craft, division,
4department or plant have voted by secret ballot as provided in s. 111.05 (2) to
5constitute such group a separate bargaining unit they shall be so considered, but, in
6appropriate cases, and to aid in the more efficient administration of ss. 111.01 to
7111.19, the commission may find, where agreeable to all parties affected in any way
8thereby, an industry, trade or business comprising more than one employer in an
9association in any geographical area to be a "collective bargaining unit". A collective
10bargaining unit thus established by the commission shall be subject to all rights by
11termination or modification given by ss. 111.01 to 111.19 in reference to collective
12bargaining units otherwise established under ss. 111.01 to 111.19. Two or more
13collective bargaining units may bargain collectively through the same
14representative where a majority of the employees in each separate unit have voted
15by secret ballot as provided in s. 111.05 (2) so to do.
AB766,86 16Section 86. 111.02 (6) (am) of the statutes is created to read:
AB766,41,2017 111.02 (6) (am) "Employee" includes a child care provider certified under s.
1848.651 and a child care provider licensed under s. 48.65 who provides care and
19supervision for not more than 8 children who are not related to the child care
20provider.
AB766,87 21Section 87. 111.02 (7) (a) of the statutes is renumbered 111.02 (7) (a) (intro.)
22and amended to read:
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