16.009(2)(p)
(p) Contract with one or more organizations to provide advocacy services to potential or actual recipients of the family care benefit, as defined in
s. 46.2805 (4), or their families or guardians. The board and contract organizations under this paragraph shall assist these persons in protecting their rights under all applicable federal statutes and regulations and state statutes and rules. An organization with which the board contracts for these services may not be a provider, nor an affiliate of a provider, of long-term care services, a resource center under
s. 46.283 or a care management organization under
s. 46.284. For potential or actual recipients of the family care benefit, advocacy services required under this paragraph shall include all of the following:
16.009(2)(p)1.
1. Providing information, technical assistance and training about how to obtain needed services or support items.
16.009(2)(p)2.
2. Providing advice and assistance in preparing and filing complaints, grievances and appeals of complaints or grievances.
16.009(2)(p)4.
4. Providing individual case advocacy assistance regarding the appropriate interpretation of statutes, rules or regulations.
16.009(2)(p)5.
5. Providing individual case advocacy services in administrative hearings and legal representation for judicial proceedings regarding family care services or benefits.
16.009(3)(a)
(a) Contract with any state agency to carry out the board's activities.
16.009(3)(bm)
(bm) Employ an attorney for provision of legal services in accordance with requirements of the long-term care ombudsman program under
42 USC 3027 (a) (12) and
42 USC 3058g (g).
16.009(4)(a)(a) The board shall operate the office in order to carry out the requirements of the long-term care ombudsman program under
42 USC 3027 (a) (12) (A) and
42 USC 3058f to
3058h. The executive director of the board shall serve as ombudsman under the office. The executive director of the board may delegate operation of the office to the staff employed under
sub. (2) (a), as designated representatives of the ombudsman.
16.009(4)(b)
(b) The ombudsman or his or her designated representative may have the following access to clients, residents and long-term care facilities:
16.009(4)(b)1.a.
a. At any time without notice, enter, and have immediate access to a client or resident in, a long-term care facility.
16.009(4)(b)1.b.
b. Communicate in private, without restriction, with a client or resident.
16.009(4)(b)1.c.
c. Except as provided in
subd. 1. d., have access to and review records that pertain to the care of the resident if the resident or his or her guardian has consented or if the resident has no guardian and is unable to consent.
16.009(4)(b)1.d.
d. With the consent of a resident or his or her legal counsel, have access to and review records that pertain to the care of the resident, as specified in
s. 49.498 (5) (e).
16.009(4)(b)1.e.
e. Have access to and review records of a long-term care facility as necessary to investigate a complaint if the resident's guardian refuses to consent; if the ombudsman or designated representative has reason to believe that the guardian is not acting in the best interests of the resident; and, for investigation only by a designated representative, if the designated representative obtains the approval of the ombudsman.
16.009(4)(b)1.f.
f. Have access to those administrative records, policies and documents of a long-term care facility to which the resident or public has access.
16.009(4)(b)1.g.
g. Have access to and, on request, be furnished copies of all licensing or certification records maintained by the department of health and family services with respect to regulation of a long-term care facility.
16.009(4)(b)2.
2. The ombudsman shall receive, upon request to a long-term care facility, the name, address and telephone number of the guardian, legal counsel or immediate family member of any resident.
16.009(4)(d)
(d) A long-term care facility or personnel of a long-term care facility that disclose information as authorized under this subsection are not liable for that disclosure.
16.009(4)(e)
(e) Information of the office relating to a client, complaints or investigations under the program may be disclosed only at the discretion of the ombudsman or his or her designated representative. The identity of a client or named witness or of a resident who is not a client may be revealed under this paragraph only if one of the following conditions is met:
16.009(4)(e)1.
1. Under written authorization by the client, witness or resident or his or her guardian, if any.
16.009(4)(e)2.
2. Under the lawful order of a court of competent jurisdiction.
16.009(5)(a)1.
1. Discharge or otherwise retaliate or discriminate against any person for contacting, providing information to or otherwise cooperating with any representative of the board.
16.009(5)(a)2.
2. Discharge or otherwise retaliate or discriminate against any person on whose behalf another person has contacted, provided information to or otherwise cooperated with any representative of the board.
16.009(5)(b)
(b) Any person who violates
par. (a) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
16.009(5)(c)2.
2. Any employee of a state agency who is discharged or otherwise retaliated or discriminated against in violation of
par. (a) may file a complaint with the personnel commission under
s. 230.45 (1) (j).
16.009(5)(d)
(d) Any employee of an employer not described in
par. (c) and who is discharged or otherwise retaliated or discriminated against in violation of
par. (a) may file a complaint with the department of workforce development under
s. 106.54 (5).
16.009(5)(e)
(e) Any person not described in
par. (c) or
(d) who is retaliated or discriminated against in violation of
par. (a) may commence an action in circuit court for damages incurred as a result of the violation.
16.01
16.01
Women's council. 16.01(1)(1) In this section, "agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created under
ch. 231,
233 or
234.
16.01(2)(a)
(a) Identify the barriers that prevent women in this state from participating fully and equally in all aspects of life.
16.01(2)(b)
(b) Conduct statewide hearings on issues of concern to women.
16.01(2)(c)
(c) Review, monitor and advise all state agencies regarding the impact upon women of current and emerging state policies, procedures, practices, laws and administrative rules.
16.01(2)(d)
(d) Work closely with all state agencies, including the University of Wisconsin System and the technical college system, with the private sector and with groups concerned with women's issues to develop long-term solutions to women's economic and social inequality in this state.
16.01(2)(e)
(e) Recommend changes to the public and private sectors and initiate legislation to further women's economic and social equality and improve this state's tax base and economy.
16.01(2)(f)
(f) Disseminate information on the status of women in this state.
16.01(2)(g)
(g) Submit a biennial report on the women's council's activities to the governor and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3).
16.01(3)
(3) All state agencies, including the University of Wisconsin System and the technical college system, shall fully cooperate with and assist the women's council. To that end, a representative of a state agency shall, upon request by the women's council:
16.01(3)(a)
(a) Provide information on program policies, procedures, practices and services affecting women.
16.01(3)(b)
(b) Present recommendations to the women's council.
16.01(3)(c)
(c) Attend meetings and provide staff assistance needed by the women's council.
16.01(3)(d)
(d) Inform the agency's appointing authority of issues concerning the women's council.
16.02
16.02
Acid deposition research council. 16.02(1)
(1) The acid deposition research council shall perform all of the following functions:
16.02(1)(a)
(a) Recommend objectives for acid deposition research in this state.
16.02(1)(b)
(b) Recommend the types of and priorities for acid deposition research.
16.02(1)(c)
(c) Evaluate mechanisms for funding and recommend funding levels for acid deposition research.
16.02(1)(d)
(d) Review all research reports relating to acid deposition requested by or submitted to the council.
16.02(2)
(2) The acid deposition research council shall, by July 1 of each even-numbered year, submit a report of its work summarizing its recommendations under
sub. (1) (a) to
(c) and the results of the research reviewed under
sub. (1) (d) and shall file the report with the governor, the secretary, the chairperson of the natural resources board and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under
s. 13.172 (2).
16.02 History
History: 1985 a. 296;
1987 a. 403 s.
256.
16.023
16.023
Wisconsin land council. 16.023(1)
(1) The Wisconsin land council shall conduct the following functions:
16.023(1)(a)
(a) Identify state land use goals and recommend these goals to the governor.
16.023(1)(b)
(b) Identify state land use priorities to further the state's land use goals and recommend to the governor legislation to implement these priorities.
16.023(1)(c)
(c) Study areas of cooperation and coordination in the state's land use statutes and recommend to the governor legislation to harmonize these statutes to further the state's land use goals.
16.023(1)(d)
(d) Study areas of the state's land use statutes that conflict with each other and recommend to the governor legislation to resolve these conflicts to further the state's land use goals.
16.023(1)(e)
(e) Identify areas of the state's land use statutes that conflict with county or municipal land use ordinances, and areas of county or municipal land use ordinances that conflict with each other, and recommend to the governor legislation to resolve these conflicts.
16.023(1)(f)
(f) Establish a technical working group that is composed of the state cartographer, a representative of the University of Wisconsin System who has expertise in land use issues and any other land use experts designated by the council's chairperson, to study the development of a computer-based Wisconsin land information system and recommend to the governor legislation to implement such a computer system.
16.023(1)(g)
(g) Establish a state agency resource working group that is composed of representatives of the departments of administration, agriculture, trade and consumer protection, commerce, natural resources, revenue, transportation and other appropriate agencies to discuss, analyze and address land use issues and related policy issues, including the following:
16.023(1)(g)1.
1. Gathering information about the land use plans of state agencies.
16.023(1)(g)2.
2. Establishing procedures for the distribution of the information gathered under
subd. 1. to other state agencies, local units of government and private persons.
16.023(1)(g)3.
3. The creation of a system to facilitate, and to provide training and technical assistance for the development of, local intergovernmental land use planning.
16.023(1)(h)
(h) Study the activities of local units of government in the land use area to determine how these activities impact on state land use goals, and recommend to the governor legislation that fosters coordination between local land use activities and state land use goals.
16.023(1)(i)
(i) Identify procedures for facilitating local land use planning efforts, including training and technical assistance for local units of government, and recommend to the governor legislation to implement such procedures.
16.023(1)(j)
(j) Gather and analyze information about the land use activities in this state of the federal government and American Indian governments and inform the governor of the impact of these activities on state land use goals.
16.023(1)(k)
(k) Study any other issues that are reasonably related to the state's land use goals, including methods for alternative dispute resolution for disputes involving land use issues, and recommend to the governor legislation in the areas studied by the council that would further the state's land use goals.
16.023(1)(L)
(L) Gather information about land use issues, at its discretion, in any reasonable way, including the following:
16.023(1)(L)1.
1. Establishing a state-local government-private sector working group to study and advise the council on land use issues.
16.023(1)(L)2.
2. Holding public hearings or information meetings on land use issues.
16.023(1)(L)4.
4. Consulting with any person who is interested in land use issues.
16.023(1)(m)
(m) Enter into a memorandum of understanding with the land information board to ensure cooperation between the council and the board and to avoid duplication of activities.
16.023(2)
(2) In conjunction with the working group established under
sub. (1) (L) 1., the council shall, not later than one year after October 14, 1997, develop evaluation criteria for its functions under
sub. (1). The council shall complete a report that contains an evaluation of its functions and activities not later than September 1, 2002, and shall submit the report to the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), and to the governor. The report shall also include a recommendation as to whether the council should continue in existence past its sunset date specified in
s. 15.107 (16) (e) and, if so, a recommendation as to whether any structural modifications should be made to the council's functions or to the state's land use programs.
16.023 History
History: 1997 a. 27.
16.03
16.03
Interagency coordinating council. 16.03(1)
(1)
General functions. The interagency coordinating council shall serve as a means of increasing the efficiency and utility and facilitating the effective functioning of state agencies in activities related to health care data collection. The interagency coordinating council shall advise and assist state agencies in the coordination of health care data collection programs and the exchange of information related to health care data collection and dissemination, including agency budgets for health care data collection programs, health care data monitoring and management, public information and education, health care data analysis and facilities, research activities and the appropriation and allocation of state funds for health care data collection. The interagency coordinating council shall establish methods and criteria for analyzing and comparing complaints filed against health care plans, as defined under
s. 628.36 (2) (a) 1., and grievances filed with health maintenance organizations, as defined under
s. 609.01 (2), without requiring the collection of information in addition to the information already collected by state agencies.
16.03(2)
(2) Subcommittees. The interagency coordinating council may create subcommittees to assist in its work. The subcommittee members may include members of the council, employees of the agencies with members on the council, employees of other state agencies, representatives of counties and municipalities, representatives of the health care industry and public members. The council shall consider the need for subcommittees on the subjects within the scope of its general duties under
sub. (1) and other subjects that are determined to be appropriate by the council.
16.03(3)
(3) Report. The interagency coordinating council shall report at least twice annually to the board on health care information in the department of health and family services, concerning the council's activities under this section.
