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 with respect to the person's choice of whether or not to enroll in the self-directed services option, as defined in s.
46.2899 (1), a care management organization for the family care benefit or the Family Care Partnership program, or the program of all-inclusive care for the elderly and, if so, which available long-term care program or 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)(f)
(f) Perform a functional screening and a financial and cost-sharing screening for any resident 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, 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 (1) (n),
(4) (b),
(bd),
(bm),
(gm),
(pa), and
(w), and
(7) (b) 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 related to the resource center to determine if a need exists for system changes and recommend system or other changes if appropriate.
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;
2011 a. 32;
2015 a. 55;
2017 a. 59;
2019 a. 9.
46.283 Annotation
Neither this section nor the resource center's contract with the Department of Health Services established that the owner of a residential care facility had a protected property interest in the resource center listing the facility in the resource center's directory that would be sufficient to support a due process claim under the 14th amendment to the U.S. Constitution. First, this section provides for the creation and operation of resource centers. It does not confer any property rights to individuals. Second, the contract between the resource center and the department did not include the owner as a party or grant the owner a property interest. Makhsous v. Daye,
980 F.3d 1181 (2020).
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)(br)1.1. The department may contract with a county or long-term care district to operate a care management organization outside the geographic area of that county or long-term care district.
46.284(2)(br)2.
2. The department may award contracts under this paragraph to one or more entities certified under sub.
(3) to operate a care management organization within a county or geographic area.
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 (6d), nursing home under s.
50.01 (3), intermediate care facility for persons with an intellectual disability 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(2)(d)
(d) As a term of a contract with a care management organization under this section, the department shall prohibit a care management organization from including a provision that requires a provider to return any funding for residential services, prevocational services, or supported employment services that exceeds the cost of those services to the care management organization in a contract for services covered by the family care benefit.
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:
46.284(3)(b)1.
1. Adequate availability of providers with the expertise and ability to provide services that are responsive to the disabilities or conditions of all of the applicant's proposed enrollees and sufficient representation of programmatic philosophies and cultural orientations to accommodate a variety of enrollee preferences and needs.
46.284(3)(b)2.
2. Adequate availability of providers that can meet the preferences and needs of its proposed service recipients for services at various times, including evenings, weekends and, when applicable, on a 24-hour basis.
46.284(3)(b)3.
3. Adequate availability of providers that are able and willing to perform all of the tasks that are likely to be identified in proposed enrollees' service and care plans.
46.284(3)(b)4.
4. Adequate availability of residential and day services that are geographically accessible to proposed enrollees' homes, families or friends.
46.284(3)(b)5.
5. Adequate supported living arrangements of the types and sizes that meet proposed enrollees' preference and needs.
46.284(3)(b)6.
6. Expertise in determining and meeting the needs of every target population that the applicant proposes to serve and connections to the appropriate service providers.
46.284(3)(b)7.
7. Thorough knowledge of local long-term care and other community resources.
46.284(3)(b)8.
8. The ability to manage and deliver, either directly or through subcontracts or partnerships with other organizations, the full range of benefits to be included in the monthly payment amount.
46.284(3)(b)9.
9. Thorough knowledge of methods for maximizing informal caregivers and community resources and integrating them into a service or care plan.
46.284(3)(b)10.
10. Coverage for a geographic area specified by the department.
46.284(3)(b)11.
11. The ability to develop strong linkages with systems and services that are not directly within the scope of the applicant's responsibility but that are important to the target group that it proposes to serve, including primary and acute health care services.
46.284(3)(b)12.
12. Adequate and competent staffing by qualified personnel to perform all of the functions that the applicant proposes to undertake.
46.284(4)
(4)
Duties. A care management organization shall, in addition to meeting all contract requirements, do all of the following:
46.284(4)(a)
(a) Accept requested enrollment of any person who is entitled to the family care benefit and of any person who is eligible for the family care benefit and for whom funding is available. No care management organization may disenroll any enrollee, except under circumstances specified by the department by contract. No care management organization may encourage any enrollee to disenroll in order to obtain long-term care services under the medical assistance fee-for-service system. No involuntary disenrollment is effective unless the department has reviewed and approved it.
46.284(4)(b)
(b) Conduct a comprehensive assessment for each enrollee, including an in-person interview with the enrollee, using a standard format developed by the department.
46.284(4)(c)
(c) With the enrollee and the enrollee's family or guardian, if appropriate, develop a comprehensive care plan that reflects the enrollee's values and preferences.
46.284(4)(d)
(d) Provide or contract for the provision of necessary services and monitor the provided or contracted services.
46.284(4)(e)
(e) Provide, within guidelines established by the department, a mechanism by which an enrollee may arrange for, manage, and monitor his or her family care benefit directly or with the assistance of another person chosen by the enrollee. The care management organization shall provide each enrollee with a form on which the enrollee shall indicate whether he or she has been offered the option under this paragraph and whether he or she has accepted or declined the option. If the enrollee accepts the option, the care management organization shall monitor the enrollee's use of a fixed budget for purchase of services or support items from any qualified provider, monitor the health and safety of the enrollee, and provide assistance in management of the enrollee's budget and services at a level tailored to the enrollee's need and desire for the assistance.
46.284(4)(f)
(f) Provide, on a fee-for-service basis, case management services to persons who are functionally eligible but not financially eligible for the family care benefit.
46.284(4)(g)
(g) Meet all performance standards required by the federal government or promulgated by the department by rule.
46.284(4)(h)
(h) Submit to the department reports and data required or requested by the department.
46.284(4)(i)
(i) Implement internal quality improvement and assurance processes that meet standards prescribed by the department by rule.
46.284(4)(j)
(j) Cooperate with external quality assurance reviews.
46.284(4)(k)
(k) Meet departmental requirements for protection of solvency.
46.284(4)(L)
(L) Annually submit to the department an independent financial audit that meets federal requirements.
46.284(4m)(a)(a) In this subsection, “governmental entity" means a political subdivision, as defined in s.
16.99 (3d), or a subunit of a political subdivision.
46.284(4m)(b)
(b) A governmental entity that has a contract under sub.
(2) may do all of the following:
46.284(4m)(b)1.
1. Create a nonstock, nonprofit corporation under ch.
181 or a service insurance corporation under ch.
613. Before creating a nonstock, nonprofit corporation or a service insurance corporation that will provide services under the family care benefit, the governmental entity shall submit to the department the proposed articles of incorporation for review and approval. If the department does not disapprove the articles of incorporation within 30 days of the date of submission to the department, the articles of incorporation are considered approved. If the department disapproves the articles of incorporation, the department shall provide specific reasons for the disapproval and recommendations regarding how the articles may be amended to cure the defect.
46.284(4m)(b)2.
2. With approval of the department and office of the commissioner of insurance, assign any of the following to a corporation created under subd.
1.:
46.284(4m)(b)2.a.
a. The governmental entity's assets and liabilities relating to providing the family care benefit, including operating capital funds, risk reserve funds, solvency funds, or other special reserve funds required by the department or the office of the commissioner of insurance.
