46.2895(4)
(4) Powers. Subject to
sub. (1) (c), a long-term care district has all the powers necessary or convenient to carry out the purposes and provisions of
ss. 46.2805 to
46.2895. In addition to all these powers, a long-term care district may do all of the following:
46.2895(4)(a)
(a) Adopt and alter, at pleasure, an official seal.
46.2895(4)(b)
(b) Adopt bylaws and policies and procedures for the regulation of its affairs and the conduct of its business. The bylaws, policies and procedures shall be consistent with
ss. 46.2805 to
46.2895 and, if the long-term care district contracts with the department under
par. (d) or
(dm), with the terms of that contract.
46.2895(4)(d)
(d) Negotiate and enter into leases or contracts, including a contract with the department to operate either a resource center or a portion of its functions under
s. 46.283 or a care management organization under
s. 46.284, but not both a resource center or its functions and a care management organization.
46.2895(4)(dm)
(dm) Subject to
sub. (1) (c), enter into a contract with the department to operate a program described under
s. 46.2805 (1) (a) or
(b) and provide services related to the contracted services.
46.2895(4)(e)
(e) Provide services related to services available under the family care benefit, to older persons and persons with disabilities, in addition to the services funded under the contract with the department that is specified under
par. (d).
46.2895(4)(f)
(f) Acquire, construct, equip, maintain, improve or manage a resource center under
s. 46.283 or a care management organization under
s. 46.284, but not both.
46.2895(4)(g)
(g) Subject to
sub. (8), employ any agent, employee, or special adviser that the long-term care district finds necessary, fix and regulate his or her compensation and provide, either directly or subject to an agreement under
s. 66.0301 as a participant in a benefit plan of another governmental entity, any employee benefits, including an employee pension plan.
46.2895(4)(h)
(h) Mortgage, pledge or otherwise encumber the long-term care district's property or funds.
46.2895(4)(i)
(i) Buy, sell or lease property, including real estate, and maintain or dispose of the property.
46.2895(4)(j)
(j) Invest any funds not required for immediate disbursement in any of the following:
46.2895(4)(j)2.
2. Time deposits in any financial institution, as defined in
s. 69.30 (1) (b), if the time deposits mature in not more than 2 years.
46.2895(4)(j)3.
3. Bonds or securities issued or guaranteed as to principal and interest by the federal government or by a commission, board or other instrumentality of the federal government.
46.2895(4)(k)
(k) Create a risk reserve or other special reserve as the long-term 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 long-term 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 long-term care district.
46.2895(5)
(5) Limitation on powers. A long-term care district may not issue bonds or levy a tax or assessment.
46.2895(6)
(6) Duties. The long-term 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 long-term care district.
46.2895(6)(d)
(d) Establish a fiscal operating year and annually adopt a budget for the long-term care district.
46.2895(6)(e)
(e) Contract for any legal services required for the long-term 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 long-term care district and manage the employees of the district, subject to the general control of the long-term care district board.
46.2895(7)(b)
(b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the long-term 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 long-term care district board.
46.2895(8)
(8) Employment and employee benefits of certain employees. 46.2895(8)(a)(a) A long-term care district board that is created at least in part by a county shall do all of the following:
46.2895(8)(a)1.
1. If the long-term care district offers employment to any individual who was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under
sub. (14), 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 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 wages and, if applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal day allowance, or paid time off allowance 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)3.
3. If the long-term care district offers employment to any individual who was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under
sub. (14), 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 long-term care district be included within the provisions of the Wisconsin retirement system under
s. 40.21 (1). In this resolution, the long-term 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 each county that creates a long-term 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 long-term care district employees are eligible to participate in the county retirement system.
46.2895(8)(b)2m.
2m. If the long-term care district employs any individual who was previously employed by the county, provide the individual health care coverage that is similar to the health care coverage that the county provided the individual when he or she was employed by the county.
46.2895(8)(c)
(c) A long-term care district and any county that created the district and has not withdrawn from or been removed from the district under
sub. (14) may enter into an agreement allocating the costs of providing benefits described under this section between the district and the county.
46.2895(9)
(9) Confidentiality of records. No record, as defined in
s. 19.32 (2), of a long-term care district that contains personally identifiable information, as defined in
s. 19.62 (5), concerning an individual who receives services from the long-term care district may be disclosed by the long-term 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),
55.22 (3),
146.82,
252.11 (7),
253.07 (3) (c) and
938.78 (2) (a), a long-term 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 long-term care district, if necessary to enable the long-term care district to perform its duties or to coordinate the delivery of services to the client.
46.2895(11)
(11) Obligations, debts, and responsibilities not those of county. The obligations and debts of a long-term care district are not the obligations or debts of any county that created the district. If a long-term care district is obligated by statute or contract to provide or pay for services or benefits, no county is responsible for providing or paying for those services or benefits.
46.2895(12)
(12) Assistance to long-term care district. From moneys in a county treasury that are not appropriated to some other purpose, the county board of supervisors may appropriate moneys to a long-term care district that the county participated in creating as a gift or may lend moneys to the long-term care district.
46.2895(13)
(13) Dissolution. Subject to the performance of the contractual obligations of a long-term care district and if first approved by the secretary of the department, the long-term care district may be dissolved by the joint action of the long-term care district board and each county or tribe or band that created the long-term care district and has not withdrawn or been removed from the district under
sub. (14). If a long-term care district that is created by one county or tribe or band is dissolved, the property of the district shall be transferred to the county or tribe or band that created it. If a long-term care district is created by more than one county or tribe or band, all of the counties or tribes or bands that created the district and that have not withdrawn or been removed from the district under
sub. (14) shall agree on the apportioning of the long-term care district's property before the district may be dissolved. If the long-term 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(14)
(14) Withdrawal or removal of a county or tribe or band. Subject to approval from the department, a long-term care district may establish conditions for a county or tribe or band that participated with one or more counties or tribes or bands in creating the district to withdraw from the district or for the district to remove the county or tribe or band from the district.
46.2897
46.2897
Self-directed services option; advocacy services. The department shall allow a participant in the self-directed services option that is operated under a waiver from the secretary of the federal department of health and human services under
42 USC 1396n (c) to access the advocacy services contracted for by the department under
s. 46.281 (1n) (e).
46.2897 History
History: 2009 a. 28.
46.2898(1)(a)
(a) "Authority" means the Wisconsin Quality Home Care Authority.
46.2898(1)(cm)
(cm) "Consumer" means an adult who receives home care services and who meets all of the following criteria:
46.2898(1)(cm)1.d.
d. A county in which the self-directed services option program under
42 USC 1396n (c) is available or in which a program operated under an amendment to the state medical assistance plan under
42 USC 1396n (j) is available.
46.2898(1)(cm)2.
2. Self-directs all or part of his or her home care services and is an employer listed on the provider's income tax forms.
46.2898(1)(cm)3.
3. Is eligible to receive a home care benefit under one of the following:
46.2898(1)(dm)
(dm) "Home care" means supportive home care, personal care, and other nonprofessional services of a type that may be covered under a medical assistance waiver under
42 USC 1396n (c) and that are provided to individuals to assist them in meeting their daily living needs, ensuring adequate functioning in their homes, and permitting safe access to their communities.
46.2898(1)(e)
(e) "Provider" means an individual who is hired by a consumer to provide home care to the consumer but does not include any of the following:
46.2898(1)(e)1.
1. A person, while he or she is providing services in the capacity of an employee of any of the following entities:
46.2898(1)(f)
(f) "Qualified provider" means a provider who meets the qualifications for payment through the Family Care Program under
s. 46.286, the Program for All-Inclusive Care for the Elderly operated under
42 USC 1396u-4, an amendment to the state medical assistance plan under
42 USC 1396n (j), or a medical assistance waiver program operated under a waiver from the secretary of the U.S. department of health and human services under
42 USC 1396n (c) or
42 USC 1396n (b) and (c) and any qualification criteria established in the rules promulgated under
sub. (7) and who the authority determines is eligible for placement on the registry maintained by the authority under
s. 52.20 (1).
46.2898(2)(a)(a) A county board of supervisors may require a county department under 46.215, 46.22, 46.23, 51.42, or 51.437 to follow procedures under this section and to pay providers in accordance with agreements under
subch. V of ch. 111.
46.2898(2)(b)
(b) If a county acts under
par. (a), it shall notify the department and the authority of its action.
46.2898(2)(c)
(c) A county that acts under
par. (a) shall compensate providers in accordance with any agreement under
subch. V of ch. 111 and make any payroll deductions authorized by such agreements.
46.2898(4)
(4) Duties of home care payors. Care management organizations, the state, and counties, as described under
sub. (1) (cm) 1. a. to
d., that pay for the provision of home care services to consumers shall provide to the authority the name, address, telephone number, date of hire, and date of termination of any provider hired by an individual receiving home care services.
46.2898(5)
(5) Duties of consumers. A consumer shall do all of the following:
46.2898(5)(a)
(a) Inform the authority of the name, address, telephone number, date of hire, and date of termination of any provider hired by the consumer to provide home care services.
46.2898(5)(b)
(b) Compensate providers in accordance with any collective bargaining agreement that applies to home care providers under
subch. V of ch. 111 and make any payroll deductions authorized by the agreement.
46.2898(6)(a)(a) A qualified provider providing home care services under this section shall be subject to the collective bargaining agreement that applies to home care providers under
subch. V of ch. 111.
46.2898(6)(b)
(b) A qualified provider may choose to be placed on the registry maintained by the authority under
s. 52.20 (1).
46.2898(7)
(7) Department rule-making. The department may promulgate rules defining terms, specifying which services constitute home care, establishing the qualification criteria that apply under
sub. (1) (f), and establishing procedures for implementation of this section.
46.2898 History
History: 2009 a. 28,
276.
46.29
46.29
Council on physical disabilities. 46.29(1)
(1) From the appropriation account under
s. 20.435 (7) (a), the department shall distribute at least $16,100 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:
