AB977,25,1817 40.80 (3) Any action taken under this section shall apply to employees covered
18by a collective bargaining agreement under subch. V or VI of ch. 111.
AB977,60 19Section 60 . 40.81 (3) of the statutes is amended to read:
AB977,25,2120 40.81 (3) Any action taken under this section shall apply to employees covered
21by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.
AB977,61 22Section 61 . 40.95 (1) (a) 2. of the statutes is amended to read:
AB977,25,2423 40.95 (1) (a) 2. The employee has his or her compensation established in a
24collective bargaining agreement under subch. V or VI of ch. 111.
AB977,62 25Section 62. 46.284 (4) (m) of the statutes is created to read:
AB977,26,4
146.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in
2accordance with any agreement under subch. V of ch. 111 relating to a provider hired
3directly by an enrollee and make any payroll deductions authorized by those
4agreements.
AB977,63 5Section 63 . 46.2895 (8) (a) 1. of the statutes is amended to read:
AB977,26,206 46.2895 (8) (a) 1. If the long-term care district offers employment to any
7individual who was previously employed by a county, which participated in creating
8the district and at the time of the offer had not withdrawn or been removed from the
9district under sub. (14), and who while employed by the county performed duties
10relating to the same or a substantially similar function for which the individual is
11offered employment by the district and whose wages, hours, and conditions of
12employment
were established in a collective bargaining agreement with the county
13under subch. IV of ch. 111 that is in effect on the date that the individual commences
14employment with the district, with respect to that individual, abide by the terms of
15the collective bargaining agreement concerning the individual's wages and, if
16applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday
17allowance, funeral leave allowance, personal day allowance, or paid time off
18allowance
until the time of the expiration of that collective bargaining agreement or
19adoption of a collective bargaining agreement with the district under subch. IV of ch.
20111 covering the individual as an employee of the district, whichever occurs first.
AB977,64 21Section 64. 46.2898 of the statutes is created to read:
AB977,26,22 2246.2898 Quality home care. (1) Definitions. In this section:
AB977,26,2323 (a) “Authority" means the Wisconsin Quality Home Care Authority.
AB977,26,2424 (b) “Care management organization" has the meaning given in s. 46.2805 (1).
AB977,27,2
1(cm) “Consumer" means an adult who receives home care services and who
2meets all of the following criteria:
AB977,27,33 1. Is a resident of any of the following:
AB977,27,44 a. A county that has acted under sub. (2) (a).
AB977,27,55 b. A county in which the Family Care Program under s. 46.286 is available.
AB977,27,76 c. A county in which the Program of All-Inclusive Care for the Elderly under
742 USC 1396u-4 is available.
AB977,27,108d. A county in which the self-directed services option program under 42 USC
91396n
(c) is available or in which a program operated under an amendment to the
10state medical assistance plan under 42 USC 1396n (j) is available.
AB977,27,1211 2. Self-directs all or part of his or her home care services and is an employer
12listed on the provider's income tax forms.
AB977,27,1313 3. Is eligible to receive a home care benefit under one of the following:
AB977,27,1414 a. The Family Care Program under s. 46.286.
AB977,27,1515b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.
AB977,27,1816 c. A program operated under a waiver from the secretary of the federal
17department of health and human services under 42 USC 1396n (c) or 42 USC 1396n
18(b) and (c) or the self-directed services option operated under 42 USC 1396n (c).
AB977,27,2019 d. A program operated under an amendment to the state medical assistance
20plan under 42 USC 1396n (j).
AB977,27,2521 (dm) “Home care" means supportive home care, personal care, and other
22nonprofessional services of a type that may be covered under a medical assistance
23waiver under 42 USC 1396n (c) and that are provided to individuals to assist them
24in meeting their daily living needs, ensuring adequate functioning in their homes,
25and permitting safe access to their communities.
AB977,28,2
1(e) “Provider" means an individual who is hired by a consumer to provide home
2care to the consumer but does not include any of the following:
AB977,28,43 1. A person, while he or she is providing services in the capacity of an employee
4of any of the following entities:
AB977,28,55 a. A home health agency licensed under s. 50.49.
AB977,28,66 b. A personal care provider agency.
AB977,28,77 c. A company or agency providing supportive home care.
AB977,28,88 d. An independent living center, as defined in s. 46.96 (1) (ah).
AB977,28,109 e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or
1051.437.
AB977,28,1211 2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her
12professional capacity.
AB977,28,2113 (f) “Qualified provider" means a provider who meets the qualifications for
14payment through the Family Care Program under s. 46.286, the Program for
15All-Inclusive Care for the Elderly operated under 42 USC 1396u-4, an amendment
16to the state medical assistance plan under 42 USC 1396n (j), or a medical assistance
17waiver program operated under a waiver from the secretary of the federal
18department of health and human services under 42 USC 1396n (c) or 42 USC 1396n
19(b) and (c) and any qualification criteria established in the rules promulgated under
20sub. (7) and who the authority determines is eligible for placement on the registry
21maintained by the authority under s. 52.20 (1).
AB977,28,25 22(2) County participation. (a) A county board of supervisors may require a
23county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to follow
24procedures under this section and to pay providers in accordance with agreements
25under subch. V of ch. 111.
AB977,29,2
1(b) If a county acts under par. (a), it shall notify the department and the
2authority of its action.
AB977,29,53 (c) A county that acts under par. (a) shall compensate providers in accordance
4with any agreement under subch. V of ch. 111 and make any payroll deductions
5authorized by such agreements.
AB977,29,10 6(4) Duties of home care payors. Care management organizations, the state,
7and counties, as described in sub. (1) (cm) 1. a. to d., that pay for the provision of home
8care services to consumers shall provide to the authority the name, address,
9telephone number, date of hire, and date of termination of any provider hired by an
10individual receiving home care services.
AB977,29,11 11(5) Duties of consumers. A consumer shall do all of the following:
AB977,29,1412 (a) Inform the authority of the name, address, telephone number, date of hire,
13and date of termination of any provider hired by the consumer to provide home care
14services.
AB977,29,1715 (b) Compensate providers in accordance with any collective bargaining
16agreement that applies to home care providers under subch. V of ch. 111 and make
17any payroll deductions authorized by the agreement.
AB977,29,20 18(6) Providers. (a) A qualified provider providing home care services under this
19section shall be subject to the collective bargaining agreement that applies to home
20care providers under subch. V of ch. 111.
AB977,29,2221 (b) A qualified provider may choose to be placed on the registry maintained by
22the authority under s. 52.20 (1).
AB977,30,2 23(7) Department rule making. The department may promulgate rules defining
24terms, specifying which services constitute home care, establishing the qualification

1criteria that apply under sub. (1) (f), and establishing procedures for implementation
2of this section.
AB977,65 3Section 65. 46.48 (9m) of the statutes is created to read:
AB977,30,74 46.48 (9m) Quality home care. The department shall award a grant to the
5Wisconsin Quality Home Care Authority for the purpose of providing services to
6recipients and providers of home care under s. 46.2898 and ch. 52 and may award
7grants to counties to facilitate transition to procedures established under s. 46.2898.
AB977,66 8Section 66. 49.825 (3) (b) 4. of the statutes is created to read:
AB977,30,149 49.825 (3) (b) 4. The department may enter into a memorandum of
10understanding, as described in s. 111.70 (3m), with the certified representative of the
11county employees performing services under this section for the unit. If there is a
12dispute as to hours or conditions of employment that remains between the
13department and the certified representative after a good faith effort to resolve it, the
14department may unilaterally resolve the dispute.
AB977,67 15Section 67. 49.826 (3) (b) 4. of the statutes is created to read:
AB977,30,2116 49.826 (3) (b) 4. The department may enter into a memorandum of
17understanding, as described in s. 111.70 (3p), with the certified representative of the
18county employees performing services under this section in the county for the unit.
19If there is a dispute as to hours or conditions of employment that remains between
20the department and the certified representative after a good faith effort to resolve
21it, the department may unilaterally resolve the dispute.
AB977,68 22Section 68. Chapter 52 of the statutes is created to read:
AB977,30,2323 CHAPTER 52
AB977,30,2424 QUALITY HOME CARE
AB977,30,25 2552.01 Definitions. In this chapter:
AB977,31,1
1(1) “Authority" means the Wisconsin Quality Home Care Authority.
AB977,31,2 2(2) “Board" means the board of directors of the authority.
AB977,31,3 3(3) “Care management organization" has the meaning given in s. 46.2805 (1).
AB977,31,4 4(3m) “Consumer" has the meaning given in s. 46.2898 (1) (cm).
AB977,31,5 5(4) “Department" means the department of health services.
AB977,31,6 6(5) “Family Care Program" means the benefit program described in s. 46.286.
AB977,31,8 7(6) “Home care provider" means an individual who is a qualified provider under
8s. 46.2898 (1) (f).
AB977,31,11 9(7) “Medical assistance waiver program" means a program operated under a
10waiver from the secretary of the federal department of health and human services
11under 42 USC 1396n (c) or 42 USC 1396n (b) and (c).
AB977,31,13 12(8) “Program of All-Inclusive Care for the Elderly" means the program
13operated under 42 USC 1396u-4.
AB977,31,17 1452.05 Creation and organization of authority. (1) Creation and
15membership of board.
There is created a public body corporate and politic to be
16known as the “Wisconsin Quality Home Care Authority." The members of the board
17shall consist of the following members:
AB977,31,1818 (a) The secretary of health services or his or her designee.
AB977,31,2019 (b) The secretary of the department of workforce development or his or her
20designee.
AB977,31,2121 (c) The following, to be appointed by the governor to serve 3-year terms:
AB977,31,2222 1. One representative from the state assembly.
AB977,31,2323 2. One representative from the state senate.
AB977,31,2424 3. One representative of care management organizations.
AB977,32,3
14. One representative of county departments, under s. 46.215, 46.22, 46.23,
251.42, or 51.437, selected from counties where the Family Care Program is not
3available.
AB977,32,44 5. One representative of the board for people with developmental disabilities.
AB977,32,55 6. One representative of the council on physical disabilities.
AB977,32,66 7. One representative of the council on mental health.
AB977,32,77 8. One representative of the board on aging and long-term care.
AB977,32,108 9. Eleven individuals, each of whom is a current or former recipient of home
9care services through the Family Care Program or a medical assistance waiver
10program or an advocate for or representative of consumers of home care services.
AB977,32,12 11(3) Chairperson. Annually, the governor shall appoint one member of the
12board to serve as the chairperson.
AB977,32,17 13(4) Executive committee. (a) The board shall elect an executive committee.
14The executive committee shall consist of the chair of the board, the secretary of
15health services or his or her designee, the secretary of the department of workforce
16development or his or her designee, and 3 persons selected from board members
17appointed under sub. (1) (c) 9.
AB977,32,1818 (b) The executive committee may do the following:
AB977,32,2019 1. Hire an executive director who is not a member of the board and serves at
20the pleasure of the board.
AB977,32,2121 2. Hire employees to carry out the duties of the authority.
AB977,32,2222 3. Engage in contracts for services to carry out the duties of the authority.
AB977,32,24 23(5) Terms. The terms of members of the board appointed under sub. (1) (c) shall
24expire on July 1.
AB977,33,5
1(6) Quorum. A majority of the members of the board constitutes a quorum for
2the purpose of conducting its business and exercising its powers and for all other
3purposes, notwithstanding the existence of any vacancies. Action may be taken by
4the board upon a vote of a majority of the members present. Meetings of the members
5of the board may be held anywhere within the state.
AB977,33,12 6(7) Vacancies. Each member of the board shall hold office until a successor is
7appointed and qualified unless the member vacates or is removed from his or her
8office. A member who serves as a result of holding another office or position vacates
9his or her office as a member when he or she vacates the other office or position. A
10member who ceases to qualify for office vacates his or her office. A vacancy on the
11board shall be filled in the same manner as the original appointment to the board for
12the remainder of the unexpired term, if any.
AB977,33,16 13(8) Compensation. The members of the board are not entitled to compensation
14for the performance of their duties. The authority may reimburse members of the
15board for actual and necessary expenses incurred in the discharge of their official
16duties as provided by the board.
AB977,33,19 17(9) Employment of board member. It is not a conflict of interest for a board
18member to engage in private or public employment or in a profession or business,
19except to the extent prohibited by law, while serving as a member of the board.
AB977,33,23 2052.10 Powers of authority. The authority shall have all the powers
21necessary or convenient to carry out the purposes and provisions of this chapter and
22s. 46.2898. In addition to all other powers granted the authority under this chapter,
23the authority may:
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