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was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under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 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 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was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under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.
46.2899
46.2899
Services for the developmentally disabled who receive post-secondary education. 46.2899(1)
(1)
Definition. In this section, "self-directed services option" means a program known as Include, Respect, I Self-direct or IRIS operated by the department under a waiver from the secretary of the federal department of health and human services under
42 USC 1396n (c).
46.2899(2)
(2) Waiver program. The department shall request a waiver from the federal centers for medicare and medicaid services in order to receive the federal medical assistance percentage for home-based and community-based services provided to individuals who are developmentally disabled and who received post-secondary education on the grounds of institutions. If the waiver is approved the department shall operate a waiver program to provide those services to no more than 100 individuals per month per year.
46.2899(3)
(3) Eligibility. The department shall consider as eligible for the waiver program described under
sub. (2) only individuals who are receiving post-secondary education in a setting that is distinguishable from the institution. The department shall set the financial eligibility requirements and functional eligibility requirements for the waiver program described under
sub. (2) the same as the financial eligibility requirements and functional eligibility requirements for the self-directed services option except for the requirement to be an individual who is developmentally disabled and who is receiving post-secondary education on the grounds of a institution.
46.2899(4)
(4) Services and benefits. The department shall provide the same services under the waiver program described in
sub. (2) as it provides under the self-directed services option. The department shall determine the funding amount for a waiver program participant under this section.
46.2899 History
History: 2013 a. 20.
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:
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)(d)
(d) The director of the office of state employment relations.
46.29(3)(e)
(e) The secretary of safety and professional services.
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.
46.293
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 accounts under
s. 20.435 (7) (d) 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;
2003 a. 33;
2009 a. 28.
46.295 Cross-reference
Cross-reference: See also ch.
DHS 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.
46.297 Cross-reference
Cross-reference: See also ch.
DHS 77,
78, and
143, Wis. adm. code.
46.298
46.298
Vehicle sticker for the hearing impaired. Upon the request of a person who is certified as hearing impaired by the department, by a physician, by a hearing instrument specialist licensed under
subch. I of ch. 459 or by an audiologist licensed under
subch. II of ch. 459, the department shall issue to the person a decal or sticker for display on a motor vehicle owned or frequently operated by the person to apprise law enforcement officers of the fact that the vehicle is owned or operated by a hearing-impaired person. No charge shall be made for issuance of the decal or sticker. The department shall specify the design of the decal or sticker. The department shall designate the location on the vehicle at which the decal or sticker shall be affixed by its own adhesive.
46.298 History
History: 1987 a. 257;
1989 a. 31;
1989 a. 173 s.
4; Stats. 1989 s. 47.25;
1989 a. 316;
1995 a. 27 s.
2422; Stats. s. 46.298.
46.33
46.33
Employee counseling referral programs. The department may provide technical assistance to municipalities, counties, school districts and private employers for referral programs for employee counseling. The department may charge fees to cover the costs of these services.
46.33 History
History: 1989 a. 31.
46.34
46.34
Emission standards for hazardous air contaminants. The department may assist the department of natural resources in the development of emission standards for hazardous air contaminants under
s. 285.27 (2) (b).
