46.281(4)(b)
(b) Except as provided in
par. (c), each county in which the department has a contract with an entity to administer the family care benefit shall in each year of the contract either pay the department the following amount or agree to reduce the community aids distribution to the county under
s. 46.40 (2) by the following amount:
46.281(4)(b)1.
1. If the base amount for the county is less than or equal to 22 percent of the calendar year 2006 community aids distribution to the county under
s. 46.40 (2), the base amount.
46.281(4)(b)2.
2. If the base amount for the county is greater than 22 percent of the calendar year 2006 community aids distribution to the county under
s. 46.40 (2), the following amounts in the following years:
46.281(4)(b)2.a.
a. For the first year that the department contracts for administration of the family care benefit in the county, the base amount for the county.
46.281(4)(b)2.b.
b. For the 2nd, 3rd, and 4th years that the department contracts for administration of the family care benefit in the county, the amount from the previous year minus 25 percent of the difference between the base amount for the county and 22 percent of the calendar year 2006 community aids distribution to the county under
s. 46.40 (2).
46.281(4)(b)2.c.
c. For the 5th year and each subsequent year that the department contracts for administration of the family care benefit in the county, 22 percent of the calendar year 2006 community aids distribution to the county under
s. 46.40 (2).
46.281(4)(c)
(c) Each county in which the department has a contract with an entity to administer the family care benefit, and in which the department had such a contract before January 1, 2006, shall annually either pay the department or agree to reduce the community aids distribution to the county under
s. 46.40 (2) by the amount that the county paid the department, or by which the county's community aids distribution was reduced, in calendar year 2006 to fund the program under
ss. 46.2805 to
46.2895.
46.281(4)(d)
(d) The department shall deposit payments made by counties under this subsection in the appropriation account under
s. 20.435 (7) (g).
46.2825
46.2825
Regional long-term care advisory committees. 46.2825(1)(1)
Creation. The governing board of each resource center operating in a region established by the department under
s. 46.281 (1n) (d) 1. shall appoint the number of its members that is specified by the department under
s. 46.281 (1n) (d) 2. to a regional long-term care advisory committee. At least 50 percent of the persons a resource center board appoints to a regional long-term care advisory committee shall be older persons or persons with a physical or developmental disability or their family members, guardians, or other advocates.
46.2825(2)
(2) Duties. A regional long-term care advisory committee shall do all of the following:
46.2825(2)(a)
(a) Evaluate the performance of care management organizations and entities that operate a program described under
s. 46.2805 (1) (a) or
(b) in the committee's region with respect to responsiveness to recipients of their services, fostering choices for recipients, and other issues affecting recipients; and make recommendations based on the evaluation to the department and to the care management organizations and entities, as appropriate.
46.2825(2)(b)
(b) Evaluate the performance of resource centers operating in the committee's region and, as appropriate, make recommendations, concerning their performance to the department and the resource centers.
46.2825(2)(c)
(c) Monitor grievances and appeals made to care management organizations or entities that operate a program described under
s. 46.2805 (1) (a) or
(b) within the committee's region.
46.2825(2)(d)
(d) Review utilization of long-term care services in the committee's region.
46.2825(2)(e)
(e) Monitor enrollments and disenrollments in care management organizations that provide services in the committee's region.
46.2825(2)(f)
(f) Using information gathered under
s. 46.283 (6) (b) 2. by governing boards of resources centers operating in the committee's region and other available information, identify any gaps in the availability of services, living arrangements, and community resources needed by older persons and persons with physical or developmental disabilities, and develop strategies to build capacity to provide those services, living arrangements, and community resources in the committee's region.
46.2825(2)(g)
(g) Perform long-range planning on long-term care policy for individuals belonging to the client groups served by the resource center.
46.2825(2)(h)
(h) Annually report to the department regarding significant achievements and problems relating to the provision of long-term care services in the committee's region.
46.2825 History
History: 2007 a. 20 ss.
968,
970,
977.
46.283
46.283
Resource centers. 46.283(1)(a)(a) A county board of supervisors and, in a county with a county executive or a county administrator, the county executive or county administrator, may decide all of the following:
46.283(1)(a)1.
1. Whether to authorize one or more county departments under
s. 46.21,
46.215,
46.22 or
46.23 or an aging unit under
s. 46.82 (1) (a) 1.,
2., or
3. to apply to the department for a contract to operate a resource center and, if so, which to authorize and what client group to serve.
46.283(1)(a)2.
2. Whether to create a long-term care district to apply to the department for a contract to operate a resource center.
46.283(1)(b)
(b) The governing body of a tribe or band or of the Great Lakes Inter-Tribal Council, Inc., may decide whether to authorize a tribal agency to apply to the department for a contract to operate a resource center for tribal members and, if so, which client group to serve.
46.283(1)(c)
(c) A county board of supervisors may decide to apply to the department for a contract to operate a multicounty resource center in conjunction with the county board or boards of one or more other counties or a county-tribal resource center in conjunction with the governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc.
46.283(1)(d)
(d) The governing body of a tribe or band may decide to apply to the department for a contract to operate a resource center in conjunction with the governing body or governing bodies of one or more other tribes or bands or the Great Lakes Inter-Tribal Council, Inc., or with a county board of supervisors.
46.283(2)
(2) Exclusive contract. The department may contract to operate a resource center with counties, long-term care districts, or the governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc., under a joint application of any of these, or with a private nonprofit organization if the department determines that the organization has no significant connection to an entity that operates a care management organization and if any of the following applies:
46.283(2)(a)
(a) A county board of supervisors declines in writing to apply for a contract to operate a resource center.
46.283(2)(b)
(b) A county agency or a long-term care district applies for a contract but fails to meet the standards specified in
sub. (3).
46.283(3)
(3) Standards for operation. The department shall assure that at least all of the following are available to a person who contacts a resource center for service:
46.283(3)(a)
(a) Information and referral services and other assistance at hours that are convenient for the public.
46.283(3)(b)
(b) A determination of functional eligibility for the family care benefit.
46.283(3)(c)
(c) Within the limits of available funding, prevention and intervention services.
46.283(3)(d)
(d) Counseling concerning public and private benefits programs.
46.283(3)(e)
(e) A determination of financial eligibility and of the maximum amount of cost sharing required for a person who is seeking long-term care services, under standards prescribed by the department.
46.283(3)(f)
(f) Assistance to a person who is eligible for the family care benefit with respect to the person's choice of whether or not to enroll in a care management organization and, if so, which available care management organization would best meet his or her needs.
46.283(3)(g)
(g) Assistance in enrolling in a care management organization for persons who choose to enroll.
46.283(3)(j)
(j) Transitional services to families whose children with physical or developmental disabilities are preparing to enter the adult service system.
46.283(4)
(4) Duties. A resource center shall do all of the following:
46.283(4)(a)
(a) Provide services within the entire geographic area prescribed for the resource center by the department.
46.283(4)(b)
(b) Submit to the department all reports and data required or requested by the department.
46.283(4)(c)
(c) Implement internal quality improvement and quality assurance processes that meet standards prescribed by the department.
46.283(4)(d)
(d) Cooperate with any review by an external advocacy organization.
46.283(4)(e)
(e) Provide information about the services of the resource center, including the services specified in
sub. (3) (d), about assessments under
s. 46.284 (4) (b) and care plans under
s. 46.284 (4) (c), and about the family care benefit and the self-directed services option to all older persons and adults with a physical or developmental disability who are residents of nursing homes, community-based residential facilities, adult family homes, as defined in
s. 50.01 (1) (a) or
(b), and residential care apartment complexes in the area of the resource center when the benefit under
s. 46.286 first becomes available in the county where the nursing home, community-based residential facility, adult family home, or residential care apartment complex is located.
46.283(4)(f)
(f) Perform a functional screening and a financial and cost-sharing screening for any resident, as specified in
par. (e), who requests a screening and assist any resident who is eligible and chooses to enroll in a care management organization or the self-directed services option to do so.
46.283(4)(g)
(g) Perform a functional screening and a financial and cost-sharing screening for any person seeking admission to a nursing home, community-based residential facility, residential care apartment complex, or adult family home, as defined in
s. 50.01 (1) (a) or
(b), if the secretary has certified that the resource center is available to the person and the facility and the person is determined by the resource center to have a condition that is expected to last at least 90 days that would require care, assistance, or supervision. A resource center may not require a financial and cost-sharing screening for a person seeking admission or about to be admitted on a private pay basis who waives the requirement for a financial and cost-sharing screening under this paragraph, unless the person is expected to become eligible for medical assistance within 6 months. A resource center need not perform a functional screening for a person seeking admission or about to be admitted for whom a functional screening was performed within the previous 6 months.
46.283(4)(h)
(h) Provide access to services under
s. 46.90 and
ch. 55 to a person who is eligible for the services, through cooperation with the elder-adult-at-risk agency or the adult-at-risk agency that provides the services.
46.283(4)(i)
(i) Assure that emergency calls to the resource center are responded to promptly, 24 hours per day.
46.283(4)(j)
(j) Target any outreach, education, and prevention services it provides and any service development efforts it conducts on the basis of findings made by the governing board of the resource center under
sub. (6) (b) 2. and
3.
46.283(5)
(5) Funding. From the appropriation accounts under
s. 20.435 (4) (b),
(bm),
(pa), and
(w) and
(7) (b),
(bd), and
(md), the department may contract with organizations that meet standards under
sub. (3) for performance of the duties under
sub. (4) and shall distribute funds for services provided by resource centers.
46.283(6)(a)1.1. A resource center shall have a governing board that reflects the ethnic and economic diversity of the geographic area served by the resource center.
46.283(6)(a)2.
2. At least one-fourth of the members of the governing board shall be individuals who belong to a client group served by the resource center or their family members, guardians, or other advocates. The proportion of these board members who belong to each client group, or their family members, guardians, or advocates, shall be the same, respectively, as the proportion of individuals in this state who receive services under
s. 46.2805 to
46.2895 and belong to each client group.
46.283(6)(a)3.
3. An individual who has a financial interest in, or serves on the governing board of, a care management organization or an organization that administers a program described under
s. 46.2805 (1) (a) or
(b) or a managed care program under
s. 49.45 for individuals who are eligible to receive supplemental security income under
42 USC 1381 to
1383c, which serves any geographic area also served by a resource center, and the individual's family members, may not serve as members of the governing board of the resource center.
46.283(6)(b)
(b) The governing board of a resource center shall do all of the following:
46.283(6)(b)1.
1. Determine the structure, policies, and procedures of, and oversee the operations of, the resource center. The operations of a resource center that is operated by a county are subject to the county's ordinances and budget.
46.283(6)(b)2.
2. Annually gather information from consumers and providers of long-term care services and other interested persons concerning the adequacy of long-term care services offered in the area served by the resource center. The board shall provide well-advertised opportunities for persons to participate in the board's information gathering activities conducted under this subdivision.
46.283(6)(b)3.
3. Identify any gaps in services, living arrangements, and community resources needed by individuals belonging to the client groups served by the resource center, especially those with long-term care needs.
46.283(6)(b)4.
4. Report findings made under
subds. 2. and
3. to the applicable regional long-term care advisory committee.
46.283(6)(b)5.
5. Recommend strategies for building local capacity to serve older persons and persons with physical or developmental disabilities, as appropriate, to local elected officials, the regional long-term care advisory committee, or the department.
46.283(6)(b)6.
6. Identify potential new sources of community resources and funding for needed services for individuals belonging to the client groups served by the resource center.
46.283(6)(b)8.
8. Annually review interagency agreements between the resource center and care management organizations that provide services in the area served by the resource center and make recommendations, as appropriate, on the interaction between the resource center and the care management organizations to assure coordination between or among them and to assure access to and timeliness in provision of services by the resource center and the care management organizations.
46.283(6)(b)9.
9. Review the number and types of grievances and appeals concerning the long-term care system in the area served by the resource center, to determine if a need exists for system changes, and recommend system or other changes if appropriate.
46.283(6)(b)10.
10. If directed to do so by the county board, assume the duties of the county long-term community support planning committee as specified under
s. 46.27 (4) for a county served by the resource center.
46.283(7)
(7) Confidentiality; exchange of information. No record, as defined in
s. 19.32 (2), of a resource center that contains personally identifiable information, as defined in
s. 19.62 (5), concerning an individual who receives services from the resource center may be disclosed by the resource center without the individual's informed consent, except as follows:
46.283(7)(b)
(b) Notwithstanding
ss. 48.78 (2) (a),
49.45 (4),
49.83,
51.30,
51.45 (14) (a),
55.22 (3),
146.82,
252.11 (7),
253.07 (3) (c) and
938.78 (2) (a), a resource center 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),
46.284 (7),
46.2895 (10),
51.42 (3) (e) or
51.437 (4r) (b) in the county of the resource center, if necessary to enable the resource center to perform its duties or to coordinate the delivery of services to the client.
46.283 History
History: 1999 a. 9;
2001 a. 16,
103;
2003 a. 33;
2005 a. 25,
254,
264,
386,
388;
2007 a. 20 ss.
969,
971 to
973,
976,
978 to
991;
2009 a. 2,
28,
180,
247,
249.
46.284
46.284
Care management organizations. 46.284(1)(a)(a) A county board of supervisors and, in a county with a county executive or a county administrator, the county executive or county administrator, may decide all of the following:
46.284(1)(a)1.
1. Whether to authorize one or more county departments under
s. 46.21,
46.215,
46.22 or
46.23 or an aging unit under
s. 46.82 (1) (a) 1. or
2. to apply to the department for a contract to operate a care management organization and, if so, which to authorize and what client group to serve.
46.284(1)(a)2.
2. Whether to create a long-term care district to apply to the department for a contract to operate a care management organization.
46.284(1)(b)
(b) The governing body of a tribe or band or of the Great Lakes Inter-Tribal Council, Inc., may decide whether to authorize a tribal agency to apply to the department for a contract to operate a care management organization for tribal members and, if so, which client group to serve.
46.284(1)(c)
(c) Under the requirements of
par. (a), a county board of supervisors may decide to apply to the department for a contract to operate a multicounty care management organization in conjunction with the county board or boards of one or more other counties or a county-tribal care management organization in conjunction with the governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc.
46.284(1)(d)
(d) Under the requirements of
par. (b), the governing body of a tribe or band may decide to apply to the department for a contract to operate a care management organization in conjunction with the governing body or governing bodies of one or more other tribes or bands or the Great Lakes Inter-Tribal Council, Inc., or with a county board of supervisors.
46.284(2)(a)(a) The department may contract for operation of a care management organization only with an entity that is certified as meeting the requirements under
sub. (3). No entity may operate as a care management organization under the requirements of this section unless so certified and under contract with the department.
46.284(2)(bm)
(bm) The department may contract with counties, long-term care districts, the governing body of a tribe or band or the Great Lakes inter-tribal council, inc., or under a joint application of any of these, or with a private organization that has no significant connection to an entity that operates a resource center. Proposals for contracts under this subdivision shall be solicited under a competitive sealed proposal process under
s. 16.75 (2m) and the department shall evaluate the proposals primarily as to the quality of care that is proposed to be provided, certify those applicants that meet the requirements specified in
sub. (3) (a), select certified applicants for contract and contract with the selected applicants.
46.284(2)(c)
(c) The department shall require, as a term of any contract with a care management organization under this section, that the care management organization contract for the provision of services that are covered under the family care benefit with any community-based residential facility under
s. 50.01 (1g), residential care apartment complex under
s. 50.01 (1d), nursing home under
s. 50.01 (3), intermediate care facility for the mentally retarded under
s. 50.14 (1) (b), community rehabilitation program, home health agency under
s. 50.49 (1) (a), provider of day services, or provider of personal care, as defined in
s. 50.01 (4o), that agrees to accept the reimbursement rate that the care management organization pays under contract to similar providers for the same service and that satisfies any applicable quality of care, utilization, or other criteria that the care management organization requires of other providers with which it contracts to provide the same service.
46.284(3)(a)(a) If an entity meets the requirements under
par. (b) and applicable rules of the department and submits to the department an application for initial certification or certification renewal, the department shall certify that the entity meets the requirements for a care management organization.
46.284(3)(b)
(b) To be certified as a care management organization, an applicant shall demonstrate or ensure all of the following:
