46.766 History
History: 2001 a. 16.
46.77
46.77
Food distribution administration. From the appropriation under
s. 20.435 (3) (dn), the department shall allocate funds to eligible recipient agencies, as defined in the emergency food assistance act,
P.L. 98-8, section 201A, as amended, for the storage, transportation and distribution of commodities provided under the hunger prevention act of 1988,
P.L. 100-435, as amended.
46.80(1)(1) The department's primary responsibility to elderly persons is to assure that all elderly and disabled persons have available and accessible a continuum of care or a wide range of community and supportive services so that they may remain in their homes and neighborhoods for as long as it is possible. The department shall be the mechanism by which governmental and nongovernmental agencies may coordinate their policies, plans and activities with regard to the aging. To this end it shall:
46.80(1)(a)
(a) Conduct a continuous review of the scope and degree of coordination of all state programs and activities on the aging and make recommendations to the appropriate agencies regarding the expansion, coordination, consolidation and reorganization of particular activities as a means of developing a more effective and efficient total program for the aging.
46.80(1)(b)
(b) Examine the need for future activities, programs, services and facilities for the aging on the state, local and voluntary levels.
46.80(1)(c)
(c) Encourage, promote and aid in the establishment of programs and services for the aging within subordinate units of government and nongovernmental groups, and assist organizations and committees in the development of programs in such manner as the division deems appropriate.
46.80(1)(d)
(d) Gather and disseminate information about programs, services, activities and facilities for the aging.
46.80(1)(e)
(e) Conduct a continuous program to stimulate public awareness and understanding of the needs and potentials of the aging.
46.80(1)(f)
(f) Provide consultant service to assist in the development of local housing for the aged.
46.80(2)
(2) The several state agencies shall cooperate with the department in making available to it such available data as will facilitate the work of the department. The department shall make available to the several state agencies such information as it secures which will facilitate the effective operation of their programs for the aging.
46.80(2m)(a)1.
1. Divide the state into distinct planning and service areas and designate a public or private nonprofit agency or organization as the area agency on aging for each planning and service area.
46.80(2m)(a)2.
2. Develop formulas for distribution within the state of funds received under
42 USC 3001 to
3030. The department need not promulgate as rules under
ch. 227 the formulas developed under this subdivision.
46.80(2m)(a)3.
3. Receive area plans prepared and developed by area agencies on aging designated under
subd. 1.
46.80(2m)(a)4.
4. Contract with each area agency on aging that is designated under
subd. 1. to do all of the following:
46.80(2m)(a)4.a.
a. Distribute, according to the formulas developed by the department, state or federal funds to a county, to the elected governing body of a federally recognized American Indian tribe or band or to a private, nonprofit organization for the purposes that are established in an area plan that is specified in
subd. 3.
46.80(2m)(a)4.b.
b. Monitor programs of services for individuals who are at least 60 years of age that are provided under an area plan by a county or the elected governing body of a federally recognized American Indian tribe or band.
46.80(2m)(a)5.
5. Ensure that each area agency on aging meets the requirements that are specified for an area agency on aging under
42 USC 3025 and
3026.
46.80(2m)(a)6.
6. Establish and operate, either directly or by contract or other arrangement with a public agency or private, nonprofit organization, other than an agency or organization that licenses or certifies long-term care services or is an association of providers of long-term care services, a long-term care ombudsman program.
46.80(2m)(b)
(b) May operate the foster grandparent project specified under
42 USC 5011 (a). If the department operates that project, the department shall distribute funds from the appropriation under
s. 20.435 (7) (dh) to supplement any federal foster grandparent project funds received under
42 USC 5011 (a).
46.80(3)
(3) The department may accept, on behalf of the state, and use gifts and grants for the purposes of this section. It shall use, to the fullest extent legally possible, all available grants from federal, state and other public or private sources to fund community home care services or programs which offer alternatives to institutionalization and which provide comprehensive services at the community level. The state plan for the older Americans act shall detail objectives designed to accomplish this purpose.
46.80(4)
(4) The secretary shall appoint such technical staff as is necessary to carry out the functions of this program.
46.80(5)(a)(a) From the appropriation under
s. 20.435 (7) (dh), the department shall provide a state supplement to the federal congregate nutrition projects under
42 USC 3030e, in effect on April 30, 1980, which will promote expansion of projects throughout the state and, from the appropriation under
s. 20.435 (7) (kn), the department shall provide a state supplement to the federal congregate nutrition projects of $450,000 for home-delivered meals and $50,000 for congregate meals. Except as provided in
par. (b), the department shall allocate these funds based on the formulas developed by the department under
sub. (2m) (a) 2. A county that receives federal funds for congregate nutrition projects on or after July 1, 1977, may not receive under this paragraph an amount that is less than the 1976-77 allocation as a result of the program expansion. This paragraph does not require that federal limitations on the use of federal congregate nutrition funds for home delivered meals apply to the state supplement.
46.80(5)(b)
(b) The department may use up to 10% of the funds provided under
par. (a) to reduce county losses, if any, as a result of changes in census data or revisions in the formula for distribution under
sub. (2m) (a) 2.
46.81
46.81
Benefit specialist program. 46.81(1)(a)
(a) "Aging unit" means an aging unit director and necessary personnel, directed by a county commission on aging and organized as one of the following:
46.81(1)(a)1.
1. An agency of county government with the primary purpose of administering programs of services for older individuals of the county.
46.81(1)(a)2.
2. A unit, within a county department under
s. 46.215,
46.22 or
46.23, with the primary purpose of administering programs of services for older individuals of the county.
46.81(1)(c)
(c) "Older individual" means an individual who is 60 years of age or older.
46.81(2)
(2) From the appropriation under
s. 20.435 (7) (dh), the department shall allocate $2,298,400 in each fiscal year to aging units to provide benefit specialist services for older individuals. The department shall ensure that each aging unit receives funds and shall take into account the proportion of the state's population of low-income older individuals who reside in a county.
46.81(3)
(3) An aging unit shall use the funds allocated under
sub. (2) and federal funds designated for the purpose to provide benefit specialist services to older individuals. Aging units may also use other funds to provide benefit specialist services.
46.81(4)
(4) Benefit specialists shall offer information, advice and assistance to older individuals related to individual eligibility for, and problems with, public benefits and services and to health care financing, insurance, housing and other financial and consumer concerns. Benefit specialists shall refer older individuals in need of legal representation to the private bar or other available legal resources.
46.81(5)
(5) From the appropriation under
s. 20.435 (7) (dh) the department shall allocate $182,500 in each fiscal year to area agencies on aging. Each area agency on aging shall use the funds for training, supervision and legal back-up services for benefit specialists within its area.
46.82(1)(1)
Definitions. In this section:
46.82(1)(a)
(a) "Aging unit" means an aging unit director and necessary personnel, directed by a county or tribal commission on aging and organized as one of the following:
46.82(1)(a)1.
1. An agency of county or tribal government with the primary purpose of administering programs of services for older individuals of the county or tribe.
46.82(1)(a)2.
2. A unit, within a county department under
s. 46.215,
46.22 or
46.23, with the primary purpose of administering programs of services for older individuals of the county.
46.82(1)(c)
(c) "Older individual" means an individual who is 60 years of age or older.
46.82(2)
(2) Aging unit; creation. A county board of supervisors of a county, the county boards of supervisors of 2 or more contiguous counties or an elected tribal governing body of a federally recognized American Indian tribe or band in this state may choose to administer, at the county or tribal level, programs for older individuals that are funded under
42 USC 3001 to
3057n,
42 USC 5001 and
42 USC 5011 (b). If this is done, the county board or boards of supervisors or tribal governing body shall establish by resolution a county or tribal aging unit to provide the services required under this section. If a county board of supervisors or a tribal governing body chooses, or the county boards of supervisors of 2 or more contiguous counties choose, not to administer the programs for older individuals, the department shall direct the area agency on aging that serves the relevant area to contract with a private, nonprofit corporation to provide for the county, tribe or counties the services required under this section.
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)(a)20.
20. If an aging unit under
sub. (1) (a) 1. or
2. and if authorized under
s. 46.284 (1) (a) 1., apply to the department to operate a care management organization under
s. 46.284 and, if the department contracts with the county under
s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve.
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.
