46.82(3)
(3) Aging unit; powers and duties. In accordance with state statutes, rules promulgated by the department and relevant provisions of
42 USC 3001 to
3057n and as directed by the county or tribal commission on aging, an aging unit:
46.82(3)(a)1.
1. Work to ensure that all older individuals, regardless of income, have access to information, services and opportunities available through the county or tribal aging unit and have the opportunity to contribute to the cost of services and that the services and resources of the county or tribal aging unit are designed to reach those in greatest social and economic need.
46.82(3)(a)2.
2. Plan for, receive and administer federal, state and county, city, town or village funds allocated under the state and area plan on aging to the county or tribal aging unit and any gifts, grants or payments received by the county or tribal aging unit, for the purposes for which allocated or made.
46.82(3)(a)3.
3. Provide a visible and accessible point of contact for individuals to obtain accurate and comprehensive information about public and private resources available in the community which can meet the needs of older individuals.
46.82(3)(a)4.
4. As specified under
s. 46.81, provide older individuals with services of benefit specialists or appropriate referrals for assistance.
46.82(3)(a)5.
5. Organize and administer congregate programs, which shall include a nutrition program and may include one or more senior centers or adult day care or respite care programs, that enable older individuals and their families to secure a variety of services, including nutrition, daytime care, educational or volunteer opportunities, job skills preparation and information on health promotion, consumer affairs and civic participation.
46.82(3)(a)6.
6. Work to secure a countywide or tribal transportation system that makes community programs and opportunities accessible to, and meets the basic needs of, older individuals.
46.82(3)(a)7.
7. Work to ensure that programs and services for older individuals are available to homebound, disabled and non-English speaking persons, and to racial, ethnic and religious minorities.
46.82(3)(a)8.
8. Identify and publicize gaps in services needed by older individuals and provide leadership in developing services and programs, including recruitment and training of volunteers, that address those needs.
46.82(3)(a)9.
9. Work cooperatively with other organizations to enable their services to function effectively for older individuals.
46.82(3)(a)10.
10. Actively incorporate and promote the participation of older individuals in the preparation of a county or tribal comprehensive plan for aging resources that identifies needs, goals, activities and county or tribal resources for older individuals.
46.82(3)(a)11.
11. Provide information to the public about the aging experience and about resources for and within the aging population.
46.82(3)(a)12.
12. Assist in representing needs, views and concerns of older individuals in local decision making and assist older individuals in expressing their views to elected officials and providers of services.
46.82(3)(a)14.
14. If the department is so requested by the county board of supervisors, administer the pilot projects for home and community-based long-term support services under
s. 46.271.
46.82(3)(a)17.
17. If designated by the county or in accordance with a contract with the department, operate the specialized transportation assistance program for a county under
s. 85.21.
46.82(3)(a)18.
18. Advocate on behalf of older individuals to assist in enabling them to meet their basic needs.
46.82(3)(b)
(b)
Powers. May perform any other general functions necessary to administer services for older individuals.
46.82(4)(a)1.1. Except as provided under
subd. 2., the county board of supervisors in a county that has established a single-county aging unit, the county boards of supervisors in counties that have established a multicounty aging unit or the elected tribal governing body of a federally recognized American Indian tribe or band that has established a tribal aging unit shall, before qualification under this section, appoint a governing and policy-making body to be known as the commission on aging.
46.82(4)(a)2.
2. In any county that has a county executive or county administrator and that has established a single-county aging unit, the county executive or county administrator shall appoint, subject to confirmation by the county board of supervisors, the commission on aging. A member of a commission on aging appointed under this subdivision may be removed by the county executive or county administrator for cause.
46.82(4)(b)
(b)
Composition. A commission on aging, appointed under
par. (a) shall be one of the following:
46.82(4)(b)1.
1. For an aging unit that is described in
sub. (1) (a) 1. or
2., organized as a committee of the county board of supervisors, composed of supervisors and, beginning January 1, 1993, advised by an advisory committee, appointed by the county board. Older individuals shall constitute at least 50% of the membership of the advisory committee and individuals who are elected to any office may not constitute 50% or more of the membership of the advisory committee.
46.82(4)(b)2.
2. For an aging unit that is described in
sub. (1) (a) 1. or
2., composed of individuals of recognized ability and demonstrated interest in services for older individuals. Older individuals shall constitute at least 50% of the membership of this commission and individuals who are elected to any office may not constitute 50% or more of the membership of this commission.
46.82(4)(b)3.
3. For an aging unit that is described in
sub. (1) (a) 3., the board of directors of the private, nonprofit corporation. Older individuals shall constitute at least 50% of the membership of this commission and individuals who are elected to any office may not constitute 50% or more of the membership of this commission.
46.82(4)(c)
(c)
Terms. Members of a county or tribal commission on aging shall serve for terms of 3 years, so arranged that, as nearly as practicable, the terms of one-third of the members shall expire each year, and no member may serve more than 2 consecutive 3-year terms. Vacancies shall be filled in the same manner as the original appointments. A county or tribal commission on aging member appointed under
par. (a) 1. may be removed from office for cause by a two-thirds vote of each county board of supervisors or tribal governing body participating in the appointment, on due notice in writing and hearing of the charges against the member.
46.82(4)(d)
(d)
Powers and duties. A county or tribal commission on aging appointed under
sub. (4) (a) shall, in addition to any other powers or duties established by state law, plan and develop administrative and program policies, in accordance with state law and within limits established by the department of health and family services, if any, for programs in the county or for the tribe or band that are funded by the federal or state government for administration by the aging unit. Policy decisions not reserved by statute for the department of health and family services may be delegated by the secretary to the county or tribal commission on aging. The county or tribal commission on aging shall direct the aging unit with respect to the powers and duties of the aging unit under
sub. (3).
46.82(5)
(5) Aging unit director; appointment. A full-time aging unit director shall be appointed on the basis of recognized and demonstrated interest in and knowledge of problems of older individuals, with due regard to training, experience, executive and administrative ability and general qualification and fitness for the performance of his or her duties, by one of the following:
46.82(5)(a)1.1. For an aging unit that is described in
sub. (1) (a) 1., except as provided in
subd. 2., a county or tribal commission on aging shall make the appointment, subject to the approval of and to the personnel policies and procedures established by each county board of supervisors or the tribal governing body that participated in the appointment of the county or tribal commission on aging.
46.82(5)(a)2.
2. In any county that has a county executive or county administrator and that has established a single-county aging unit, the county executive or county administrator shall make the appointment, subject to the approval of and to the personnel policies and procedures established by each county board of supervisors that participated in the appointment of the county commission on aging.
46.82(5)(b)
(b) For an aging unit that is described in
sub. (1) (a) 2., the director of the county department under
s. 46.215,
46.22 or
46.23 of which the aging unit is a part shall make the appointment, subject to the personnel policies and procedures established by the county board of supervisors.
46.85
46.85
Programs for older individuals. 46.85(1)
(1) The department may establish and operate a senior companion program modeled after the federal senior companion program under
42 USC 5011 (b), in effect on April 30, 1980. If operated, the program shall engage the services of low-income persons aged 60 or over to provide supportive person-to-person assistance in health, education, recreation, welfare and related fields to persons aged 60 or over with special needs who reside in their own homes, and it may engage other persons aged 60 or older, regardless of income, as volunteers in similar activities. The department may also establish and operate a retired senior volunteers program modeled after the federal retired senior volunteers program under
42 USC 5001, in effect on April 30, 1980 to provide voluntary services in a community. If operated, the program shall engage persons aged 60 or over as volunteers.
46.85(2)
(2) If the department establishes a program under this section, it shall promulgate rules for the operation of the program. Such rules shall include:
46.85(2)(a)
(a) A definition of "low income" which shall at least equal the guidelines of the federal ACTION program.
46.85(2)(b)
(b) A requirement that program units provide accident and liability insurance coverage during working hours for all program participants, including volunteers.
46.85(2)(c)
(c) A requirement that program units receiving federal funds establish advisory councils empowered according to, but not limited by, applicable federal guidelines. Council members may be reimbursed for transportation and other expenses incurred in service to the program.
46.85(3)
(3) Prior to January 1, 1982, the department shall make renewable state grants-in-aid from the appropriation under
s. 20.435 (7) (dh) to qualified public and nonprofit private agencies for the operation of local senior companion and retired senior volunteers program units. The grants shall be for periods of 12 months or less and shall be for no more than 90% of approved nonfederal expenditures and other expenditures specifically authorized by the secretary. The grants may not be used to match other state funds. The department shall apportion funds provided under this subsection to each county that receives funds under this section for the period from January 1, 1981, to June 30, 1981. The department shall allocate the amount apportioned upon application by qualified public and nonprofit private agencies. Any amounts apportioned to a county but not allocated may be apportioned and allocated to other counties. Funds provided under this subsection may not be allocated to any project unless that project maintains its calendar year 1979 levels of federal and local funding, except to the extent that available federal funding decreases. Programs funded under this subsection and established after July 29, 1979, shall engage at least 10 companions or volunteers or combination thereof.
46.85(3m)(a)(a) From the appropriation under
s. 20.435 (7) (dh), the department shall provide a state supplement to federally funded senior companion and retired senior volunteer program units that were in operation on December 1, 1988, and administered by qualified public and non-profit private agencies.
46.85(3m)(b)
(b) From the appropriation under
s. 20.435 (7) (dh), the department shall allocate funds, based on the percentage of the state's population of low-income persons over age 60 who reside in each county or are members of an American Indian tribe, and distribute the funds to counties and federally recognized tribal governing bodies to supplement any of the following:
46.85(3m)(b)1.
1. Federally and nonfederally funded senior companion and retired senior volunteer programs.
46.85(4)
(4) Low income older persons employed in a senior companion program shall be paid a stipend which compensates them for no more than 20 hours per week at an hourly rate not to exceed the federal minimum wage, and in addition shall receive reimbursement for the cost of one meal per working day.
46.85(5)
(5) All persons engaged in a program under this section, whether for compensation or as volunteers, are eligible for:
46.85(5)(a)
(a) Transportation assistance, not to exceed mileage payments for 20 miles per day.
46.85(5)(b)
(b) Accident and liability insurance coverage during working hours.
46.856
46.856
Alzheimer's disease; training and information grants. From the appropriation under
s. 20.435 (7) (bg), the department shall award a grant to at least one private nonprofit organization, as defined in
s. 108.02 (19), to do all of the following:
46.856(1)
(1) Provide training and technical assistance to the staff of county departments under
ss. 46.215,
46.22 and
46.23, to the staff of administering agencies designated under
s. 46.87 (3) (c) and to other providers of services to persons with Alzheimer's disease, as defined in
s. 46.87 (1) (a).
46.856(2)
(2) Determine the need for and create appropriate services to persons with Alzheimer's disease in coordination with local agencies and service providers.
46.856(3)
(3) Collect and disseminate information on Alzheimer's disease, coordinate public awareness activities related to the disease and advise the department on public policy issues concerning the disease.
46.856 History
History: 1995 a. 464.
46.86
46.86
Treatment programs. 46.86(1)(1) From the appropriation under
s. 20.435 (7) (cp) and
(md), the department may award funds and from the appropriation under
s. 20.435 (7) (md) the department may award not more than $125,500 in each fiscal year as grants to counties and private nonprofit entities for treatment for pregnant women and mothers with alcohol and other drug abuse treatment needs; mothers who have alcohol and other drug abuse treatment needs and dependent children up to the age of 5 years; and the dependent children up to the age of 5 years of those mothers. The grants shall be awarded in accordance with the department's request-for-proposal procedures. The grants shall be used to establish community-based programs, residential family-centered treatment programs or home-based treatment programs. The program under a grant must include alcohol and other drug abuse treatment services, parent education, support services for the children of the women who are enrolled in the program, vocational assistance and housing assistance. Any program funded under this subsection must also provide follow-up aftercare services to each woman and her children for at least 2 years after the date on which a woman has left the program.
46.86(2m)(a)(a) In this subsection, "long-term treatment" means treatment that is, in the majority of instances, not less than 5 months and mot [not] more than 12 months in duration.
46.86 Note
NOTE: The correct term is shown in brackets. Corrective legislation is pending.
46.86(2m)(b)
(b) From the appropriation under
s. 20.435 (7) (md), the department shall distribute not more than $79,500 in each fiscal year for residential long-term treatment for alcohol and other drug abuse, including treatment with respect to family relationships, antisocial behavior and employability, in a treatment facility, as defined in
s. 51.01 (19), in a 1st class city.
46.86(3m)
(3m) From the appropriation under
s. 20.435 (7) (md), the department may not distribute more than $900,000 in each fiscal year to fund a multidisciplinary prevention and treatment team in Milwaukee county for cocaine-abusing women and their children. The multidisciplinary prevention and treatment team must coordinate its activities with other prevention and treatment programs in Milwaukee county for cocaine-abusing women and their children. Residents from other counties may be served by the multidisciplinary prevention and treatment team. The department may carry forward funds distributed under this subsection, but not encumbered by December 31, for distribution for the purpose under this subsection in the following calendar year.
46.86(5)
(5) From the appropriation under
s. 20.435 (7) (md), the department may not distribute more than $35,000 in each fiscal year as a grant to the ARC community services center for women and children in Dane county, to address a projected operation deficit of the center; to provide additional funding for transportation and meal expenses for chemically dependent women who receive services from the center; and to provide additional funding for staff of the center.
46.87
46.87
Alzheimer's family and caregiver support program. 46.87(1)(a)
(a) "Alzheimer's disease" means a degenerative disease of the central nervous system characterized especially by premature senile mental deterioration, and also includes any other irreversible deterioration of intellectual faculties with concomitant emotional disturbance resulting from organic brain disorder.
46.87(1)(b)
(b) "Caregiver" means any person other than a paid provider who provides care for a person with Alzheimer's disease.
46.87(2)
(2) From the appropriations under
s. 20.435 (7) (b),
(kw) and
(o), the department shall allocate funds to agencies designated under
sub. (3) (c), to be used for the administration and implementation of an Alzheimer's family and caregiver support program for persons with Alzheimer's disease and their caregivers.
46.87(3)(a)(a) A county board may apply to initially participate in the program created under this section by submitting to the department a one-time letter of intent to participate which includes a description of the program and services related to Alzheimer's disease which the county board intends to provide.
46.87(3)(b)
(b) The department shall select counties to participate in the program on the basis of criteria promulgated by rule.
46.87(3)(c)
(c) The county board for each county selected to participate shall designate one of the following as the administering agency for the program:
46.87(4)
(4) If a county board does not submit an application under
sub. (3) (a) by January 1, 1986, the department shall make that county's allocation available to a private nonprofit organization, as defined under
s. 108.02 (19), to administer the program created under this section and shall select the organization according to criteria promulgated by rule. An organization selected as the administering agency under this subsection shall continue to be eligible to receive the county's allocation unless the county board subsequently submits to the department a letter of intent to participate and receives approval of its proposed program.
46.87(5)
(5) The administering agency in each county may use the funds allocated to it to do any or all of the following:
46.87(5)(a)
(a) Provide or contract for the provision of services and goods or make payments for services to households that meet all of the following conditions:
46.87(5)(a)1.
1. At least one member of the household must be a person who has been diagnosed by a physician as having Alzheimer's disease.
46.87(5)(a)2.
2. Either the person with Alzheimer's disease or the person's caregiver resides in the county to which the household applies for participation in the program.
46.87(5)(a)3.
3. The household meets financial eligibility requirements specified by the department by rule.
