16.009 Board on aging and long-term care.

780 words·~4 min read·/wi/chapter-16/16-009

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

(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.

(ag)“Board” means the board on aging and long-term care.

(ar)“Client” means an individual who requests or is receiving services of the office.

(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.

(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.

(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).

(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).

(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.

(em)“Long-term care facility” includes any of the following:

1. A nursing home, as defined in s. 50.01

(3).

2. A community-based residential facility, as defined in s. 50.01

(1g).

3. A facility, as defined in s. 647.01

(4).

4. A swing bed in an acute care facility or extended care facility, as specified under 42 USC 1395tt .

5. A hospice, as defined in s. 50.90

(c).

6. An adult family home, as defined in s. 50.01

(1).

7. A residential care apartment complex, as defined in s. 50.01

(6d).

(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.

(gm)“Office” means the office of the long-term care ombudsman.

(gr)“Ombudsman” means the state long-term care ombudsman, as specified in sub.

(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 .

(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 .

(i)“Program” means the long-term care ombudsman program.

(j)“Resident” means a person cared for or treated in a long-term care facility.

(k)“Self-directed services option” has the meaning given in s. 46.2899

(1).

(2)The board shall:

(a)Appoint an executive director within the classified service. The executive director shall employ the state long-term care ombudsman as specified under sub.

(a)within the classified service, and shall employ staff within the classified service.

(b)Implement a long-term care ombudsman program, to do all of the following:

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.

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.

3. Comply with the requirements of 42 USC 3058f to 3058h and 45 CFR 1321 and 1324 .

(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.

(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.

(em)Monitor, evaluate, and make recommendations concerning long-term community support services received by clients of the self-directed services option, the family care program, the Family Care Partnership Program, and the program of all-inclusive care for the elderly.