16.004(20)(c)1.b. b. The number of positions that the department is using to administer human resources services and payroll and benefits services under par. (b).
16.004(20)(c)1.c. c. The number of vacant and filled positions that the department no longer needs to administer human resources services and payroll and benefits services under par. (b).
16.004(20)(c)1.d. d. The cost savings to the state due to the administration of human resources services and payroll and benefits services by the department.
16.004(20)(c)1.e. e. Metrics evaluating the effectiveness of human resources services and payroll and benefits services provided to shared services agencies by the department in the previous fiscal year, as well as a comparison of the metrics for the previous fiscal year to similar metrics in previous reports.
16.004(20)(c)2. 2. On April 15 of each year, the department shall submit the report under subd. 1. to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the report within 14 working days after the date of the submission, the department may provide the human resources services and payroll and benefits services as proposed in the report and may charge the assessments as proposed in the report. If within 14 working days after the date of the notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the report, the department may provide the human resources services and payroll and benefits services proposed in the report and charge the assessments proposed in the report only upon approval of the committee.
Effective date note NOTE: Sub. (20) is created eff. 7-1-18 by 2017 Wis. Act 59.
16.004(21) (21)Payment to local exposition district.
16.004(21)(a)(a) Annually, as grants, the secretary shall remit the amounts appropriated under s. 20.855 (4) (cr) and (dr) to a local exposition district created under subch. II of ch. 229 to assist in the development and construction of sports and entertainment arena facilities, as defined in s. 229.41 (11g). The secretary may not remit moneys under this subsection until the secretary has determined that the sponsoring municipality has provided at least $47,000,000 for the development and construction of sports and entertainment arena facilities and the local exposition district has issued debt to fund the development and construction of sports and entertainment arena facilities. The secretary may not remit from the appropriation account under s. 20.855 (4) (dr) to a local exposition district more than a cumulative total of $80,000,000.
16.004(21)(b) (b) The legislature finds and determines that sports and entertainment arena facilities, as defined in s. 229.41 (11g), encourage economic development and tourism in this state, reduce unemployment in this state, preserve business activities within this state, and bring needed capital into this state for the benefit and welfare of people throughout the state. It is therefore in the public interest and will serve a public purpose, and it is the public policy of this state, to assist a local exposition district in the development and construction of sports and entertainment arena facilities under subch. II of ch. 229.
Effective date note NOTE: Sub. (21) is repealed eff. 6-30-36 by 2015 Wis. Act 60.
16.004(24) (24)School district employee health care. Annually, the secretary shall report to the joint committee on finance and to the appropriate standing committees of the legislature under s. 13.172 (3) the information it receives from school districts under s. 120.12 (24) (b).
16.004 Cross-reference Cross-reference: See also Adm, Wis. adm. code.
16.005 16.005 Bradley Center Sports and Entertainment Corporation. This chapter does not apply to the Bradley Center Sports and Entertainment Corporation except where expressly otherwise provided.
16.005 History History: 1985 a. 26; 1991 a. 39.
16.006 16.006 Treatment of classified employees. Those individuals holding positions in the classified service in the department who are engaged in legislative text processing functions and who achieved permanent status in class on August 9, 1989, shall retain, while serving in the unclassified service in the legislature or any legislative branch agency, those protections afforded employees in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay except that the applicability of any reduction in base pay of such an employee shall be determined on the basis of the base pay received by the employee on August 9, 1989, plus the total amount of any subsequent general economic increases provided in the compensation plan under s. 230.12 for nonrepresented employees in the classified service. Such employees shall also have reinstatement privileges to the classified service as provided under s. 230.33 (1). Employees of the department holding positions in the classified service on August 9, 1989, who are engaged in legislative text processing functions and who have not achieved permanent status in class in any position in the department on that date are eligible to receive the protections and privileges preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the positions which they hold.
16.006 History History: 1989 a. 31; 1997 a. 27; 2001 a. 16 s. 373; Stats. 2001 s. 16.006.
16.007 16.007 Claims board.
16.007(1)(1)Purpose. The claims board shall receive, investigate and make recommendations on all claims of $10 or more presented against the state which are referred to the board by the department. No claim or bill relating to such a claim shall be considered by the legislature until a recommendation thereon has been made by the claims board.
16.007(2) (2)Rules. Except as provided in s. 901.05, the board shall not be bound by common law or statutory rules of evidence, but shall admit all testimony having reasonable probative value, excluding that which is immaterial, irrelevant or unduly repetitious. The board may take official notice of any generally recognized fact or established technical or scientific fact, but parties shall be notified either before or during hearing or by full reference in preliminary reports, or otherwise, of the facts so noticed, and the parties shall be afforded an opportunity to contest the validity of the official notice.
16.007(3) (3)Procedure. When a claim has been referred to the claims board, the board may upon its own motion and shall upon request of the claimant, schedule such claim for hearing, giving the claimant at least 10 days' written notice of the date, time and place thereof. Those claims described under sub. (6) (b) shall not be heard or decided by the claims board. The board shall keep a record of its proceedings, but such proceedings may be recorded by a permanent recording device without transcription. It may require sworn testimony and may summon and compel attendance of witnesses and the production of documents and records. Any member of the board may sign and issue a subpoena.
16.007(4) (4)Agencies to cooperate. The several agencies shall cooperate with the board and shall make their personnel and records available upon request when such request is not inconsistent with other statutes.
16.007(5) (5)Findings. The board shall report its findings and recommendations, on all claims referred to it, to the legislature. Except as provided in sub. (6), if from its findings of fact the board concludes that any such claim is one on which the state is legally liable, or one which involves the causal negligence of any officer, agent or employee of the state, or one which on equitable principles the state should in good conscience assume and pay, it shall cause a bill to be drafted covering its recommendations and shall report its findings and conclusions and submit the drafted bill to the joint committee on finance at the earliest available time. If the claims board determines to pay or recommends that a claim be paid from a specific appropriation or appropriations, it shall include that determination or recommendation in its conclusions. A copy of its findings and conclusions shall be submitted to the claimant within 20 days after the board makes its determination. Findings and conclusions are not required for claims processed under sub. (6) (b).
16.007(6) (6)Settlement.
16.007(6)(a)(a) Except as provided in par. (b), whenever the claims board by unanimous vote finds that payment to a claimant of not more than the amount specified in s. 799.01 (1) (d) is justified, it may order the amount that it finds justified to be paid on its own motion without submission of the claim in bill form to the legislature. The claim shall be paid on a voucher upon the certification of the chairperson and secretary of the board, and shall be charged as provided in sub. (6m).
16.007(6)(b) (b) Whenever the representative of the department designated by the secretary pursuant to s. 15.105 (2) finds that payment of a claim described in this paragraph to a claimant is justified, the representative of the department may order the amount so found to be justified paid without approval of the claims board and without submission of the claim in the form of a bill to the legislature. Such claims shall be paid on vouchers upon the certification of the representative of the department, and shall be charged as provided in sub. (6m). The representative of the department shall annually report to the board all claims paid under this paragraph. Claims which may be paid directly by the department are:
16.007(6)(b)1. 1. Payment of the amount owed by the state under any check, share draft or other draft issued by it which has been voided for failure to present the check, share draft or other draft for payment within the prescribed period from the date of issuance.
16.007(6)(b)3. 3. Payment of a refund due as the result of an overpayment made by mistake of the applicant in filing articles of incorporation or amendments thereto, or a certificate of authority for a foreign corporation to transact business in this state pursuant to s. 180.0122.
16.007(6)(b)4. 4. Payment of any claim of less than $10.
16.007(6m) (6m)Payment charges. The claims board, for claims authorized to be paid under sub. (6) (a), or the representative of the department, for claims authorized to be paid under sub. (6) (b), may specify that a claim shall be paid from a specific appropriation or appropriations. If a claim requires legislative action, the board may recommend that the claim be paid from a specific appropriation or appropriations. If no determination is made as to the appropriation or appropriations from which a claim shall be paid, the claim shall be paid from the appropriation under s. 20.505 (4) (d).
16.007(7) (7)Exception. This section shall not be construed as relieving any 3rd-party liability or releasing any joint tort-feasor.
16.007(8) (8)Expenses. The board may pay the actual and necessary expenses of employees of the department of justice or the department of administration authorized by the board to secure material information necessary to the disposition of a claim.
16.007 Annotation Upon completion of arbitration involving the state, any claim resulting from the award must be submitted to the claims board for processing. State v. P.G. Miron Const. Co. Inc. 181 Wis. 2d 1045, 512 N.W.2d 499 (1994).
16.008 16.008 Payment of special charges for extraordinary police service to state facilities.
16.008(1) (1) In this section “extraordinary police services" means those police services which are in addition to those being maintained for normal police service functions by a municipality or county and are required because of an assemblage or activity which is or threatens to become a riot, civil disturbance or other similar circumstance, or in which mob violence occurs or is threatened.
16.008(2) (2) The state shall pay for extraordinary police services provided directly to state facilities, as defined in s. 70.119 (3) (e), in response to a request of a state officer or agency responsible for the operation and preservation of such facilities. The University of Wisconsin Hospitals and Clinics Authority shall pay for extraordinary police services provided to facilities of the authority described in s. 70.11 (38). The Fox River Navigational System Authority shall pay for extraordinary police services provided to the navigational system, as defined in s. 237.01 (5). Municipalities or counties that provide extraordinary police services to state facilities may submit claims to the claims board for actual additional costs related to wage and disability payments, pensions and worker's compensation payments, damage to equipment and clothing, replacement of expendable supplies, medical and transportation expense, and other necessary expenses. The clerk of the municipality or county submitting a claim shall also transmit an itemized statement of charges and a statement that identifies the facility served and the person who requested the services. The board shall obtain a review of the claim and recommendations from the agency responsible for the facility prior to proceeding under s. 16.007 (3), (5), and (6).
16.008 History History: 1977 c. 418; 1995 a. 27; 2001 a. 16, 104.
16.009 16.009 Board on aging and long-term care.
16.009(1) (1) In this section:
16.009(1)(ac) (ac) “Access” means the ability to have contact with a person or to obtain, examine, or retrieve information or data pertinent to the activities of the board with respect to a person.
16.009(1)(ag) (ag) “Board" means the board on aging and long-term care.
16.009(1)(ar) (ar) “Client" means an individual who requests or is receiving services of the office.
16.009(1)(br) (br) “Disclosure” means the release, the transfer, the provision of access to, or divulging in any manner of information outside the entity holding the information.
16.009(1)(cg) (cg) “Enrollee” means an enrollee, as defined in s. 46.2805 (3), an individual receiving services under the Family Care Partnership Program or the program of all-inclusive care for the elderly, or an individual receiving long-term care benefits as a veteran.
16.009(1)(cm) (cm) “Family Care Partnership Program” means an integrated health and long-term care program operated under an amendment to the state Medical Assistance plan under 42 USC 1396u-2 and a waiver under 42 USC 1396n (c).
16.009(1)(cr) (cr) “Family care program” means the program under ss. 46.2805 to 46.2895 that provides the family care benefit, as defined in s. 46.2805 (4).
16.009(1)(ef) (ef) “Immediate family member” means a member of a client's household or a relative of a client with whom the client has a close personal or significant financial relationship.
16.009(1)(em) (em) “Long-term care facility" includes any of the following:
16.009(1)(em)1. 1. A nursing home, as defined in s. 50.01 (3).
16.009(1)(em)2. 2. A community-based residential facility, as defined in s. 50.01 (1g).
16.009(1)(em)3. 3. A facility, as defined in s. 647.01 (4).
16.009(1)(em)4. 4. A swing bed in an acute care facility or extended care facility, as specified under 42 USC 1395tt.
16.009(1)(em)5. 5. A hospice, as defined in s. 50.90 (1) (c).
16.009(1)(em)6. 6. An adult family home, as defined in s. 50.01 (1).
16.009(1)(em)7. 7. A residential care apartment complex, as defined in s. 50.01 (6d).
16.009(1)(f) (f) “Long-term care insurance" means insurance that provides coverage both for an extended stay in a nursing home and home health services for a person with a chronic condition. The insurance may also provide coverage for other services that assist the insured person in living outside a nursing home, including but not limited to adult day care and continuing care retirement communities.
16.009(1)(gm) (gm) “Office" means the office of the long-term care ombudsman.
16.009(1)(gr) (gr) “Ombudsman" means the state long-term care ombudsman, as specified in sub. (4) (a), or any employee or volunteer who is a representative of the office and who is designated by the state long-term care ombudsman to fulfill the duties under this section, 42 USC 3058g, and 45 CFR 1324.
16.009(1)(gv) (gv) “Program of all-inclusive care for the elderly” means in integrated health and long-term care program operated under 42 USC 1395eee or 1396u-4.
16.009(1)(i) (i) “Program" means the long-term care ombudsman program.
16.009(1)(j) (j) “Resident" means a person cared for or treated in a long-term care facility.
16.009(1)(k) (k) “Self-directed services option” has the meaning given in s. 46.2899 (1).
16.009(2) (2) The board shall:
16.009(2)(a) (a) Appoint an executive director within the classified service who shall serve as the state long-term care ombudsman as specified under sub. (4) (a) and who shall employ staff within the classified service.
16.009(2)(b) (b) Implement a long-term care ombudsman program, to do all of the following:
16.009(2)(b)1. 1. Investigate complaints from any person concerning improper conditions or treatment of persons who are 60 years of age or older and who receive long-term care in certified or licensed long-term care facilities or under programs administered by state or federal governmental agencies or concerning noncompliance with or improper administration of federal statutes or regulations or state statutes or rules related to long-term care for persons who are 60 years of age or older.
16.009(2)(b)2. 2. Serve as mediator or advocate to resolve any problem or dispute relating to long-term care for persons who are 60 years of age or older.
16.009(2)(b)3. 3. Comply with the requirements of 42 USC 3058f to 3058h and 45 CFR 1321 and 1324.
16.009(2)(d) (d) Promote public education, planning, and voluntary acts to resolve problems and improve conditions involving long-term care for persons who are 60 years of age or older.
16.009(2)(e) (e) Monitor, evaluate, and make recommendations concerning the development and implementation of federal, state, and local laws, regulations, rules, ordinances, and policies that relate to long-term care facilities and programs for persons who are 60 years of age or older.
16.009(2)(em) (em) Monitor, evaluate, and make recommendations concerning long-term community support services received by clients of the long-term support community options program under s. 46.27, the family care program, the Family Care Partnership Program, and the program of all-inclusive care for the elderly.
16.009(2)(f) (f) As a result of information received while investigating complaints and resolving problems or disputes, collect and publish materials that assess existing inadequacies in federal and state laws, regulations, and rules concerning long-term care for persons who are 60 years of age or older. The board shall collaborate with appropriate state agencies on efforts to resolve systemic concerns and shall recommend to the governor and the legislature legislation to remedy these inadequacies.
16.009(2)(g) (g) Stimulate resident, client and provider participation in the development of programs and procedures involving resident rights and facility responsibilities, by establishing resident councils and by other means.
16.009(2)(h) (h) Conduct statewide hearings on issues of concern to persons who are 60 years of age or older and who are receiving or may receive long-term care.
16.009(2)(i) (i) Report annually to the governor and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The report shall set forth the scope of the programs for providing long-term care for persons who are 60 years of age or older developed in the state, the findings regarding the state's activities in the field of long-term care for persons who are 60 years of age or older, any recommendations for a more effective and efficient total program, and the actions taken by the agencies of the state to carry out the board's recommendations.
16.009(2)(j) (j) Provide information and counseling to consumers regarding insurance policies available to supplement federal medicare insurance coverage, including long-term care insurance, and the eligibility requirements for medical assistance under s. 49.46 (1), 49.468 or 49.47 (4). To implement this responsibility, the board shall provide training, educational materials and technical assistance to volunteer organizations and private businesses willing and able to provide insurance and medical assistance eligibility information and counseling, in order that these organizations and businesses may provide the information and counseling to consumers.
16.009(2)(p) (p) Employ staff within the classified service to provide advocacy services to potential or actual enrollees of the family care program, the Family Care Partnership Program, or the program of all-inclusive care for the elderly or potential or actual recipients of the self-directed services option. The board under this paragraph shall assist these persons in protecting their rights under all applicable federal statutes and regulations and state statutes and rules. For potential or actual recipients of the self-directed services option who are 60 years of age or older and for enrollees of the family care program who are 60 years of age or older, advocacy services required under this paragraph shall include all of the following:
16.009(2)(p)1. 1. Providing information, technical assistance and training about how to obtain needed services or support items.
16.009(2)(p)2. 2. Providing advice and assistance in preparing and filing complaints, grievances and appeals of complaints or grievances.
16.009(2)(p)3. 3. Providing negotiation and mediation.
16.009(2)(p)4. 4. Providing individual case advocacy assistance regarding the appropriate interpretation of statutes, rules or regulations.
16.009(2)(p)5. 5. Providing individual case advocacy services in administrative hearings regarding self-directed services option or family care services or benefits.
16.009(3) (3) The board shall:
16.009(3)(a) (a) Carry out the board's long-term care ombudsman activities, as described in 42 USC 3058g (a) (2) and 45 CFR 1321 and 1324, and the activities of the Medigap Helpline program as specified in sub. (2) (j).
16.009(3)(bm) (bm) Employ an attorney for provision of legal services in accordance with requirements of the long-term care ombudsman program under 42 USC 3027 (a) (12) and 42 USC 3058g (g), as specified in 45 CFR 1324.15 (j).
16.009(4) (4)
16.009(4)(a)(a) The board shall operate the office in order to carry out the requirements of the long-term care ombudsman program, as defined in 42 USC 3058g (a) (2), under 42 USC 3027 (a) (12) (A) and 42 USC 3058f to 3058h and in compliance with 42 CFR 1321 and 1324. The executive director appointed by the board shall serve as the state long-term care ombudsman. The executive director may delegate operation of the office to the staff employed under sub. (2) (a), as designated representatives of the ombudsman.
16.009(4)(b) (b) The ombudsman or his or her designated representative may have the following access to clients, residents, enrollees, and long-term care facilities:
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 135 and all Supreme Court and Controlled Substances Board Orders effective on or before December 14, 2017. Published and certified under s. 35.18. Changes effective after December 14, 2017 are designated by NOTES. (Published 12-14-17)