• End of Session Brings Hyperactive Legislative Process
• Disclosure of Criminal Convictions by Personal Care Providers Moves Forward in Senate
• Family Care Expansion to Dodge and Washington Counties Approved
• DQA Offers Additional Abuse Prevention Training for Trainers

• LEGISLATION PUBLIC HEARING \ MEETING NOTICES
  • AB-664: authorizing access by the long-term care ombudsman or his or her representative to a client or resident in a RCAC, imposing an annual assessment on certain occupied apartments of RCACs, expanding rights of residents of facilities to include residents of RCACs.
  • AB-665: Specialized medical vehicles and vehicles transporting elderly or disabled persons.
  • AB-698: Disclosure by personal care service providers to clients employee of certain convictions found in during criminal background check.
  • AB-729: Disclosure of information by health care providers and insurers and providing a penalty.
  • AB-764: Coverage of long-term care districts under the Wisconsin Retirement System.
  • SB-430\AB-757: Making various changes in the worker's compensation law.
  • SB-431\AB-758: Various changes in unemployment insurance law and making an appropriation.
  • SB-457: Coverage of long-term care districts under the Wisconsin Retirement System.

• STATE AGENCY MEMOS (DHFS, OQA, DDES, etc.)
• DLTC Memo 2008-03: CIP II-Nursing Home Diversion Funding
• DLTC Memo 2008-02: Medical/Remedial Expenses used for LTC Medicaid Eligibility and Cost-Sharing

• MISCELLANEOUS LTC MEETING NOTICES
• February 14, 2008: DHFS Wisconsin MA Nursing Facility Payment Plan Meeting
• April 14-16: Wisconsin Long-Term Care Conference 2008

• NEW LEGISLATION (Bills, Resolutions, New Legislation & Administrative Rules)
• Please see list of new legislation listed below

End of Session Brings Hyperactive Legislative Process
The end is near.  That is why thirty state assembly and senate committee hearings are being held in the next three days, some of which impact long-term care providers specifically.  The past few weeks have been extremely busy for legislators, many of whom are trying to introduce legislative proposals and pass their bills in both houses in the final days of regular session.  March 13th marks the last day of the general business floor period of the Wisconsin State Senate and State Assembly for the 2007-08 session.  That means the vast majority of the nearly 1,400 legislative bills and resolutions introduced in the legislature over the past 13 months will die for the rest of this year.  There will be a “limited floor session” the week of May 6th, which truly is meant to be limited to a small number of bills, bargaining contracts, veto review and resolutions.  If a bill fails to pass this session, the author will be forced to reintroduce his\her proposal in 2009 and being the entire legislative process again.

Disclosure of Criminal Convictions by Personal Care Providers Moves Forward in Senate
Assembly Bill 698 and Senate Bill 393 relating to disclosure of criminal background checks for personal care workers is moving forward, despite opposition by provider associations.   Last week, SB-393 passed out of committee unanimously with an amendment that contained several changes requested by RSA-Wisconsin and the Community Alliance of Providers of Wisconsin (CAPOW).  However there remain outstanding issues that prevent the association from supporting final passage.  Both associations have taken the position that this legislation is unnecessary and unfair.  SB-393\AB-698 will place the highest standards on one of the lowest paid caregivers in the healthcare profession.  In addition, the new disclosure requirements will only impact personal care service providers and not independent personal care \ home care workers.  These high standards will also not be required of commissions that place independent workers in the homes of the elderly and disabled (Wisconsin Quality Home Care Commission).

Current Law:

• An entity that provides direct care or treatment services must obtain certain background information regarding prospective caregivers.
• The background information includes criminal history and history of child abuse or neglect, abuse or neglect of a client, misappropriation from a client, and denial of licensing or certification to serve as a caregiver entity.
• Every four years the entity must obtain updated background information regarding its caregivers.

Original Bill (SB-393\AB-698)

• Notify Client of All Information on Criminal Background Check. Provides that a personal care worker agency that employs or contracts with a caregiver to work in a private residence must disclose to the client, or to his or her guardian, any information the agency obtains concerning the caregiver’s criminal history or history of child abuse or neglect, abuse or neglect of a client, misappropriation from a client, or denial of licensing or certification to serve as a caregiver entity.
• Require Criminal Background Check Every 2-Years.  Requires personal care worker agencies to obtain updated background information regarding its caregivers every two years. (Current law requires a criminal background check every 4-years).

Senate Amendment 1 to Senate Bill 393 (Passed Senate Committee Unanimously)

• Redefines “Personal Care Services”. Deletes definitions of “Personal Care Worker Agency” and “Supportive Home Care Service Agency” in ss. 50.065 (1) (d) and (f).  Creates new definition of “Personal Care Services”.
• Notification to Client: An entity that places a caregiver in a client’s residence to provide personal care services shall, before the caregiver provides services to the client, do all the following:
• Notification of Certain Convictions. Disclose to the client or client’s guardian in writing information obtained from the Criminal Background Check regarding those convictions of the caregiver and if the caregiver has demonstrated that he or she has been rehabilitated.   DHFS will specify in administrative rule which convictions must be disclosed from by the entity providing services.
• Specify Which Convictions Must Be Disclosed. DHFS shall promulgate rules to specify convictions that must be disclosed by an entity providing services.
• Disclose Each Criminal Background Check. Each time an entity requests a criminal background check information, the entity shall provide the disclosures as required to each client for whom the caregiver provides personal care services or to the client’s guardian.
• Require Criminal Background Check Every 4-Years. (Instead of every 2-years as specified in original bill draft)
• Notification of Placement on DHFS Abuse & Neglect Registry.  Disclose to the client or the client’s guardian in writing all information obtained under the DHFS Abuse & Neglect Registry; any information maintained by DHFS regarding any substantiated reports of child abuse or neglect; and, and information maintained by DHFS denial or revocation of license or certification.
• Notify Client that Anyone Can Request a Criminal Background Check. Notify the client or client’s guardian that, for a fee, the Department of Justice performs for any person a criminal history record search on an individual (The criminal background check service is already available to anyone, this is just a notification to the client that this service exists).
• Recognize Rehabilitation. DHFS shall permit any person who has been convicted of a crime (crimes that must be disclosed) and wishes to provide personal care services to demonstrate to the department that he or she has been rehabilitated.
• Exemption of Notification for “Substitute Caregivers”.  Notify the client or the client’s guardian in writing that if the regularly assigned caregiver is unavailable and the entity assigns a substitute caregiver, the entity is not required to provide the disclosures for the substitute caregiver.

Family Care Expansion to Dodge and Washington Counties Approved by Joint Finance Committee
A letter from the co-chairs of the Joint Finance Committee, Rep. Kitty Rhoades and Sen. Mark Miller stated that the Committee had reviewed the request from the Department of Health and Family Services, including proposed contracts, for the expansion of the Family Care program to Washington County in April 2008 and Dodge County in May 2008.  The Joint Finance Committee has “Passive Review” over expansion requests, which means an expansion will be approved unless the Committee takes adverse action.  Since the Committee did not take any action on the proposed expansion, it was approved by default.

DQA Offers Additional Abuse Prevention Training for Trainers
The Division of Quality Assurance (DQA) has scheduled additional statewide train-the-trainer workshops in the spring of 2008.  The sessions are led by trainers from the University of Wisconsin-Oshkosh Center for Career Development.  These workshops are intended to give DQA regulated facilities the tools necessary to train their own direct care staff:

• Experiential train-the-trainer sessions provide an overview of scenario-based trainings in which participants learn person-centered approaches to challenging situations.
• Topical train-the-trainer sessions cover four interactive class-room style trainings based on promising practices designed to improve the safety, dignity and quality of life of both staff and residents. 

The target audience for these workshops includes facility trainers, supervisors and persons responsible for making training decisions.  The sessions are free, but enrollment is limited!  To register for the workshops, go to: http://www.caregiverproject.org and click on "training registration."

PUBLIC HEARING \ MEETING NOTICES
Assembly Committee on Health and Healthcare Reform
Tuesday, February 12, 2008   9:00 AM-12:00 Noon    412 East, State Capitol
The committee will hold a public hearing on the following items:

• LRB 3900/2: Disclosure of information by health care providers, insurers, and governmental self-insured plans; requiring acceptance by a health care provider of a payment amount in certain circumstances; and requiring the exercise of rule-making authority.
• LRB 3822/1: Health insurance without mandated benefits and granting rule-making authority.
• LRB 3560/1: Allowing out-of-state insurers to offer health care plans that are exempt from certain laws to employers and individuals in this state.
• AB-47: Creating a nonrefundable individual income tax credit for certain amounts relating to health savings accounts that may be deducted from, or are exempt from, federal income taxes.

Assembly Committee on Small Business
Tuesday, February 12, 2008   11:00 AM   415 Northwest, State Capitol
The committee will hold a public hearing on the following items immediately following the Executive Session.

• AB-729: Disclosure of information by health care providers and insurers and providing a penalty.

Senate Committee on Labor, Elections and Urban Affairs
Assembly Committee on Labor and Industry
Thursday, February 14, 2008   1:00 PM   411 South, State Capitol
This meeting will be held as a Joint Hearing with the Assembly Committee on Labor and Industry
An executive session MAY be held on either of the above items.

• SB-430\AB-757: Making various changes in the worker's compensation law.
• SB-431\AB-758: Various changes in unemployment insurance law and making an appropriation.

Assembly Committee on Transportation
Thursday, February 14, 2008   10:00 AM   417 North (GAR Hall), State Capitol

• AB-665: Specialized medical vehicles and vehicles transporting elderly or disabled persons.
• AB-768: Extending the employer notification program administered by the Department of Transportation to noncommercial motor vehicle drivers.
• The committee may exec on any bill heard during this public hearing.

Assembly Committee on Aging & Long Term Care
Tuesday, February 19, 2008    10:00 AM   225-Northwest, State Capitol
The committee will hold a public hearing on the following items:

• AB-664: authorizing access by the long-term care ombudsman or his or her representative to a client or resident in a RCAC, imposing an annual assessment on certain occupied apartments of RCACs, expanding rights of residents of facilities to include residents of RCACs.
• AB-764: Coverage of long-term care districts under the Wisconsin Retirement System.

An Executive Session will be held on AB-698 and may be held on any of the above bills.

• AB-698: Disclosure by personal care service providers to clients employee of certain convictions found in during criminal background check.

Senate Committee on Public Health, Senior Issues, Long Term Care and Privacy
Wednesday, February 20, 2008    11:00 AM    330 Southwest, State Capitol
The committee will hold a public hearing on the following items:

• Pike, Mary of Madison, as a member of the Nursing Home Administrator Examining Board, to serve for the term ending July 1, 2011.
• SB-457: Coverage of long-term care districts under the Wisconsin Retirement System.

STATE AGENCY MEMOS (DHFS, OQA, DDES, etc.)

DLTC Memo 2008-03 (February 1, 2008)
CIP II-Nursing Home Diversion Funding
Effective on the date of this memo, counties may apply for new CIP II- Nursing Home Diversion funds. Funding is now available to divert up to 150 eligible individuals who are at imminent risk of entering a nursing home.  This memo provides information to counties on the anticipated allocation of these funds and reiterates the process to apply for these resources from an earlier memo.
http://dhfs.wisconsin.gov/dsl_info/NumberedMemos/DDES/CY2008/NMemo2008-03.htm

DLTC Memo 2008-02 (January 23, 2008)
Medical/Remedial Expenses used for LTC Medicaid Eligibility and Cost-Sharing
Effective immediately, certain types of medical/remedial expenses will not be allowed when determining cost-shares or spend downs for people participating in Family Care, Partnership and Home and Community Based Waiver programs
http://dhfs.wisconsin.gov/dsl_info/NumberedMemos/DDES/CY2008/NMemo2008-02.htm

MISCELLANEOUS LTC MEETING NOTICES

DHFS Wisconsin Medicaid Nursing Facility Payment Plan
Thursday, February 14, 2008   11:00 AM   1 W. Wilson St., Room B-155, Madison, WI

• Welcome & Opening Remarks
• Final State Plan Amendments for January 1, 2008 Rate Adjustments
• Other Issues

Wisconsin Long-Term Care Conference 2008
“Charting your Course and Successfully Navigating Long-Term Care”
April 14-16, 2008 in La Crosse
DHFS Bureau of Long-Term Support
DHFS Office of Family Care Expansion
DHFS Bureau of Aging and Disability Resources

• The conference will be held in La Crosse at the La Crosse Center in partnership with the Hotel Radisson connected to the conference center. 
• Registration for the Wisconsin Long Term Care Conference 2008 will be available February 29th, 2008 through the University of Wisconsin La Crosse (UW-L) website http://www.uwlax.edu.   
• Registration will be available from Feb. 29th - April 4th. The conference is limited to 950.
• More than 55 workshops will be offered with a focus on providing valuable information and education to:
• Care managers and nurses working with Community Options Program (COP), Waivers, Children’s Long-Term Support (CLTS), Family Care, PACE, and the Wisconsin Partnership Program;
• COP and DD Coordinators, Long-Term Support (LTS) and CLTS supervisors;
• Family Care, Family Plus and Wisconsin Partnership Program supervisors and managers;
• Aging and Disability Resource Center staff;
• Other partners in long-term care reform

LEGISLATIVE BILL WATCH (Bills, Resolutions & New Legislation)

NEW Senate Bills:

SB 430: (Workers’ Comp) Making various changes in the worker's compensation law.
S-Labor, Elections and Urban Affairs

SB 431: (Unemployment Insurance) Various changes in unemployment insurance law and making an appropriation.  S-Labor, Elections and Urban Affairs

SB 457: (LTC Districts) Coverage of long-term care districts under the Wisconsin Retirement System.
S-Public Health, Senior Issues, Long Term Care and Privacy

NEW Assembly Bills:

AB 757: (Unemployment Insurance) Various changes in unemployment insurance law and making an appropriation. A-Labor and Industry

AB 758: (Worker’s Comp) Making various changes in the worker's compensation law.
A-Labor and Industry

AB 764: Coverage of long-term care districts under the Wisconsin Retirement System.
A-Aging and Long Term Care

LRB Co-sponsorship Memos: (Legislative Drafts Not Yet Introduced as a Bill, But Soon Will Be)

- None -

Administrative Rules