State Codes and Statutes
Statutes > Wisconsin > 46 > 46.289846.2898
46.2898 Quality home care.46.2898(1)
(1) Definitions. In this section:46.2898(1)(a)
(a) "Authority" means the Wisconsin Quality Home Care Authority.46.2898(1)(b)
(b) "Care management organization" has the meaning given in s. 46.2805 (1).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.
1. Is a resident of any of the following:46.2898(1)(cm)1.a.
a. A county that has acted under sub. (2) (a).46.2898(1)(cm)1.b.
b. A county in which the Family Care Program under s. 46.286 is available.46.2898(1)(cm)1.c.
c. A county in which the Program of All-Inclusive Care for the Elderly under 42 USC 1396u-4 is available.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)(cm)3.a.
a. The Family Care Program under s. 46.286.46.2898(1)(cm)3.b.
b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.46.2898(1)(cm)3.c.
c. A program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c) or the self-directed services option operated under 42 USC 1396n (c).46.2898(1)(cm)3.d.
d. A program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j).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)(e)1.a.
a. A home health agency licensed under s. 50.49.46.2898(1)(e)1.b.
b. A personal care provider agency.46.2898(1)(e)1.c.
c. A company or agency providing supportive home care.46.2898(1)(e)1.d.
d. An independent living center, as defined in s. 46.96 (1) (ah).46.2898(1)(e)1.e.
e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.46.2898(1)(e)2.
2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her professional capacity.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)
(2) County participation.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)
(6) Providers.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 - ANNOT.
History: 2009 a. 28, 276.