46.2895(4)(k)
(k) Create a risk reserve or other special reserve as the family care district board desires or as the department requires under the contract with the department that is specified under
par. (d).
46.2895(4)(L)
(L) Accept aid, including loans, to accomplish the purpose of the family care district from any local, state or federal governmental agency or accept gifts, loans, grants or bequests from individuals or entities, if the conditions under which the aid, loan, gift, grant or bequest is furnished are not in conflict with this section.
46.2895(4)(m)
(m) Make and execute other instruments necessary or convenient to exercise the powers of the family care district.
46.2895(5)
(5) Limitation on powers. A family care district may not issue bonds or levy a tax or assessment.
46.2895(6)
(6) Duties. The family care district board shall do all of the following:
46.2895(6)(a)
(a) Appoint a director, who shall hold office at the pleasure of the board.
46.2895(6)(b)
(b) Subject to
sub. (8), develop and implement a personnel structure and other employment policies for employees of the family care district.
46.2895(6)(c)
(c) Assure compliance with the terms of any contract with the department under
sub. (4) (d).
46.2895(6)(d)
(d) Establish a fiscal operating year and annually adopt a budget for the family care district.
46.2895(6)(e)
(e) Contract for any legal services required for the family care district.
46.2895(6)(f)
(f) Subject to
sub. (8), procure liability insurance covering its officers, employees, and agents, insurance against any loss in connection with its property and other assets and other necessary insurance; establish and administer a plan of self-insurance; or, subject to an agreement under
s. 66.0301, participate in a governmental plan of insurance or self-insurance.
46.2895(7)
(7) Director; duties. The director appointed under
sub. (6) (a) shall do all of the following:
46.2895(7)(a)
(a) Manage the property and business of the family care district and manage the employees of the district, subject to the general control of the family care district board.
46.2895(7)(b)
(b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the family care district board.
46.2895(7)(c)
(c) Perform duties in addition to those specified in
pars. (a) and
(b) as are prescribed by the family care district board.
46.2895(8)
(8) Employment and employee benefits of certain employees. 46.2895(8)(a)(a) A family care district board shall do all of the following:
46.2895(8)(a)1.
1. If the family care district offers employment to any individual who was previously employed by the county, who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district and whose wages, hours and conditions of employment were established in a collective bargaining agreement with the county under
subch. IV of ch. 111 that is in effect on the date that the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's compensation and benefits until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under
subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.
46.2895(8)(a)2.
2. If the family care district offers employment to any individual who was previously employed by the county and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, but whose wages, hours and conditions of employment were not established in a collective bargaining agreement with the county under
subch. IV of ch. 111 that is in effect on the date the individual commences employment with the district, with respect to that individual, initially provide that individual the same compensation and benefits that he or she received while employed by the county.
46.2895(8)(a)3.
3. If the family care district offers employment to any individual who was previously employed by the county and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, with respect to that individual, recognize all years of service with the county for any benefit provided or program operated by the district for which an employee's years of service may affect the provision of the benefit or the operation of the program.
46.2895(8)(a)4.
4. If the county has not established its own retirement system for county employees, adopt a resolution that the family care district be included within the provisions of the Wisconsin retirement system under
s. 40.21 (1). In this resolution, the family care district shall agree to recognize 100% of the prior creditable service of its employees earned by the employees while employed by the district.
46.2895(8)(b)
(b) The county board of supervisors of the area of jurisdiction of the family care district shall do all of the following:
46.2895(8)(b)1.
1. If the county has established its own retirement system for county employees, provide that family care district employees are eligible to participate in the county retirement system.
46.2895(8)(b)2.
2. Provide that, subject to the terms of any applicable collective bargaining agreement as provided in
par. (a) 1., family care district employees are eligible to receive health care coverage under any county health insurance plan that is offered to county employees.
46.2895(8)(b)3.
3. Provide that, subject to the terms of any applicable collective bargaining agreement as provided in
par. (a) 1., family care district employees are eligible to participate in any deferred compensation or other benefit plan offered by the county to county employees, including disability and long-term care insurance coverage and income continuation insurance coverage.
46.2895(9)
(9) Confidentiality of records. No record, as defined in
s. 19.32 (2), of a family care district that contains personally identifiable information, as defined in
s. 19.62 (5), concerning an individual who receives services from the family care district may be disclosed by the family care district without the individual's informed consent, except as required to comply with
s. 16.009 (2) (p) or
49.45 (4).
46.2895(10)
(10) Exchange of information. Notwithstanding
sub. (9) and
ss. 48.78 (2) (a),
49.45 (4),
49.83,
51.30,
51.45 (14) (a),
55.06 (17) (c),
146.82,
252.11 (7),
253.07 (3) (c) and
938.78 (2) (a), a family care district acting under this section may exchange confidential information about a client, as defined in
s. 46.287 (1), without the informed consent of the client, under
s. 46.21 (2m) (c),
46.215 (1m),
46.22 (1) (dm),
46.23 (3) (e),
46.283 (7),
46.284 (7),
51.42 (3) (e) or
51.437 (4r) (b) in the jurisdiction of the family care district, if necessary to enable the family care district to perform its duties or to coordinate the delivery of services to the client.
46.2895(11)
(11) Obligations and debts not those of county. The obligations and debts of the family care district are not the obligations or debts of the county that created the family care district.
46.2895(12)
(12) Assistance to family care district. From moneys in the county treasury that are not appropriated to some other purpose, the county board of supervisors under
sub. (1) (a) or the county boards of supervisors under
sub. (1) (b) may appropriate moneys to the family care district as a gift or may lend moneys to the family care district.
46.2895(13)
(13) Dissolution. Subject to the performance of the contractual obligations of a family care district and if first approved by the secretary of the department, the family care district may be dissolved by the joint action of the family care district board and county board of supervisors under
sub. (1) (a) or the county boards of supervisors under
sub. (1) (b) that created the family care district. If the family care district is dissolved, the property of the district shall be transferred to the county board of supervisors that created the family care district except as follows:
46.2895(13)(a)
(a) If the family care district was created under
sub. (1) (b), the county boards of supervisors shall agree on the apportioning of the family care district's property before the district may be dissolved.
46.2895(13)(b)
(b) If the family care district operates a care management organization under
s. 46.284, disposition of any remaining funds in the risk reserve under
s. 46.284 (5) (e) shall be made under the terms of the district's contract with the department.
46.2895 History
History: 1999 a. 9,
185;
2001 a. 30.
46.29
46.29
Council on physical disabilities. 46.29(1)
(1) From the appropriation under
s. 20.435 (6) (a), the department shall allocate up to $10,000 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:
46.29(1)(a)
(a) Develop, approve and continue modification of a state plan, for services to physically disabled persons, that encompasses services from the entities specified under
sub. (3).
46.29(1)(b)
(b) Request reports or other information from the entities specified under
sub. (3) concerning programs, funding, clients or services as they relate to physically disabled persons.
46.29(1)(c)
(c) Advise the secretary of the department and make recommendations, including recommendations for legislation, to the entities specified under
sub. (3) concerning funding, programs, policies and operations of those entities and other matters with respect to physically disabled persons.
46.29(1)(d)
(d) Encourage public understanding of the needs of and issues concerning physically disabled persons.
46.29(1)(e)
(e) Consider all questions and matters concerning physically disabled persons arising within the council or brought to the council for review.
46.29(1)(em)
(em) Approve educational material relating to the parking privileges of physically disabled persons for placement on vehicles as provided in
s. 346.94 (4). The council may delegate to a member of the council or an officer or employee of a state agency the authority granted under this paragraph.
46.29(1)(fm)
(fm) By April 15, 1996, and biennially thereafter, submit a report to the legislature under
s. 13.172 (2) concerning the time limitations imposed by any ordinances enacted under
s. 346.50 (3m) on spaces reserved for use by a motor vehicle used by a physically disabled person, including any recommended changes to
s. 346.50 (3m) and copies of any reports submitted from cities as required by
s. 346.50 (3m) (b) 5.
46.29(2)
(2) The council on physical disabilities may do all of the following:
46.29(2)(a)
(a) Report to the public concerning needs of physically disabled persons and issues that affect those persons.
46.29(2)(b)
(b) Promote programs related to the prevention of physical disability.
46.29(2)(c)
(c) Form committees for consideration of policies or programs for physically disabled persons.
46.29(3)
(3) All of the following shall maintain liaison with and periodically report to the council on physical disabilities concerning progress in achieving objectives in the state plan developed under
sub. (1) (a):
46.29(3)(a)
(a) The state superintendent of public instruction.
46.29(3)(c)
(c) The secretary of workforce development.
46.29(3)(g)
(g) The president of the University of Wisconsin System.
46.29(3)(h)
(h) The president of the technical college system board.
46.29(3)(i)
(i) The executive director of the board on aging and long-term care.
46.29(3)(j)
(j) The chairperson of the health policy council.
46.293
46.293
Specialized programs for the blind and visually impaired. The department shall provide rehabilitation teaching services for persons who are blind or visually impaired including elderly persons and young persons and their parents or guardians, regardless of their eligibility for vocational rehabilitation services. These services may include assessments of each client's service needs, development of an individual service plan, instruction in braille, training in orientation and movement in the person's home or neighborhood, counseling and guidance to increase the blind or visually impaired person's independence, instruction in the use of low-vision aids, personal and home management training and instruction in leisure activities. In conjunction with the provision of these services the department shall:
46.293(1)
(1) Work with blind and visually impaired persons, in a setting appropriate to each individual, to form rehabilitation plans for independent living to enable them to increase their self-reliance.
46.293(2)
(2) Assist blind and visually impaired persons in physical orientation and personal adjustment.
46.293 History
History: 1995 a. 27 ss.
2270,
2413; Stats. 1995 s. 46.293.
46.295
46.295
Interpreters for the hearing-impaired. 46.295(1)
(1) The department may, on the request of any hearing-impaired person, city, village, town or county or private agency, provide funds from the appropriation under
s. 20.435 (6) (a) and
(hs) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.
46.295(2)
(2) The department shall grant priority to requests to pay fees charged by interpreters for the following, in the following order:
46.295(2)(b)
(b) Medical, mental health, alcohol and drug abuse, psychiatric and psychological services.
46.295(2)(c)
(c) Legal services and civil court proceedings.
46.295(2)(d)
(d) Matters concerning law enforcement personnel.
46.295(2)(e)
(e) Matters concerning any federal, state, county or municipal agency.
46.295(4)
(4) The department may use as an interpreter for hearing-impaired persons only the following:
46.295(4)(a)
(a) An interpreter for hearing-impaired persons who is certified by the national registry of interpreters for the deaf.
46.295(4)(b)
(b) If an interpreter under
par. (a) is unavailable, an interpreter for hearing-impaired persons whose qualifications have been determined appropriate by the department.
46.295(5)
(5) The department may bill any public or private agency at the rates established by the department for interpreter services for hearing-impaired persons commensurate with the certification or qualification level of the interpreter providing services if the department determines that the agency is required under state or federal law to provide interpreter services to a hearing-impaired person or if the agency agrees to pay for the services.
46.295(6)
(6) The department shall promulgate rules to implement this section.
46.295 History
History: 1995 a. 27 ss.
2271,
2417; Stats. 1995 s. 46.295.
46.295 Cross-reference
Cross Reference: See also ch.
HFS 77, Wis. adm. code.
46.297
46.297
Telecommunication aid for the hearing impaired. 46.297(1)(1)
Assistance. From the appropriation under
s. 20.435 (7) (d), the department shall, subject to the availability of funds, provide assistance to hearing-impaired persons to secure telecommunication devices capable of serving their needs. Except in extraordinary circumstances, the department shall purchase or provide funds for the purchase of telecommunication devices.
46.297(2)
(2) Eligibility. A person is eligible to receive assistance under
sub. (1) if all of the following conditions are met:
46.297(2)(a)
(a) The person is certified as deaf or severely hearing impaired by a physician, an audiologist licensed under
subch. II of ch. 459 or the department.
46.297(2)(b)
(b) The adjusted gross income of the person's family is equal to or less than 200% of the poverty line established under
42 USC 9902 (2).
46.297(3)
(3) Hearing rights. Any person aggrieved by a decision of the department under this section has a right to a contested case hearing under
ch. 227.
46.297(4)
(4) Departmental duties. The department shall:
46.297(4)(a)
(a) Promulgate rules necessary for the administration of this section.
46.297(4)(b)
(b) Establish application procedures and determine eligibility.
46.297 History
History: 1983 a. 427; Stats. 1983 s. 46.90;
1983 a. 538 s.
51; Stats. 1983 s. 46.92;
1987 a. 27;
1987 a. 257 s.
2;
1989 a. 173 s.
3; Stats. 1989 s. 47.20;
1989 a. 316;
1995 a. 27 s.
2421; Stats. 1995 s. 46.297.
