Wisconsin Legislature: DHS 10.23(6)(c)

3. The federal food stamp program under 7 USC 2011 to 2029.

(4) Elder abuse and adult protective services.

(a) The resource center shall identify persons who may need elder abuse or adult protective services and shall provide or facilitate access to services for eligible individuals under s. 46.90 and chs. 51 and 55, Stats.

(b) The resource center may provide elder abuse and adult protective services directly, if a county agency, or through cooperation with the local public agency or agencies that provide the services. If the resource center is not the county agency designated under s. 46.90 or ch. 55, Stats., it shall have a memorandum of understanding with the designated agency or agencies regarding how these services are to be coordinated. The memorandum shall specify staff contacts, hours of operation and referral processes and procedures.

(5) Staff qualifications. Persons providing resource center services, whether directly employed by the resource center or indirectly under subcontract or memorandum of understanding with another organization, shall have the following qualifications:

(a) Persons answering the information and assistance telephone line shall be trained and knowledgeable about all of the following:

1. The mission, operations and referral policies of the resource center.

2. The target populations served and their needs.

3. Telephone etiquette and communication skills, including how to recognize and respond to special hearing or language needs.

4. How to recognize and handle emergencies.

(b) Persons providing information and assistance services, long-term care options counseling, benefits counseling, the functional screen and financial eligibility and cost-sharing screen and choice counseling shall:

1. Be competent to provide these services to the resource center’s target population.

2. Meet at least one of the following requirements for education and experience:

a. Bachelor of arts or science degree, preferably in a health or human services related field, and at least one year of experience working with at least one of the resource center’s target populations.

b. Four years of post-secondary education and experience working with at least one of the target populations or an equivalent combination of education and experience, either in long-term support or a related human services field.

c. Other experience, training or both, as approved by the department based on a plan for providing formal and on-the-job training to develop the required expertise.

3. Be knowledgeable about the range, quality and availability of long-term care services offered within the resource center’s service area.

(6) Operational requirements. A resource center shall do all of the following:

(a) Outreach and public education.

1. Develop and implement an ongoing program of marketing and outreach to inform members of its target population and their families, community agencies, health professionals and service providers of the availability of resource center services.

2. Provide information about family care to all eligible persons who are members of a target population served by a CMO that operates in the county and who are residents of nursing homes, community-based residential facilities, adult family homes and residential care apartment complexes in the geographic area of the resource center. The information provided shall cover all of the following:

a. The family care benefit, and the opportunities for enrollee choice within the benefit, including the opportunity for self-management of service funding under s. DHS 10.44 (2) (d) and (6), which populations are subject to mandatory enrollment, which populations are subject to voluntary enrollment, which populations are ineligible, and the right to disenroll in accordance with 42 CFR 438.56.

b. The services of the resource center, including information and assistance, benefits counseling, long-term care options counseling, advocacy assistance, the functional screen and financial eligibility and cost-sharing screen, and eligibility determination and enrollment in family care.

c. The services of any available care management organization, including the comprehensive assessment and care plan.

d. How to contact the resource center for assistance.

e. The services of available advocacy services external to the resource center, including services under s. 16.009 (2) (p), Stats., and how to access these services.

f. The requirements and performance of available care management organizations as set forth in 42 CFR 438.66.

g. Any cost-sharing that will be imposed on members.

(b) Community needs identification. Implement a process for identifying unmet needs of its target population in the geographic area it serves. The process shall include input from members of the target populations and their representatives, and local government and service agencies including the care management organization, if any. The process shall include a systematic review of the needs of populations residing in public and private long-term care facilities, populations in need of public or private long-term care services, members of minority groups and people in rural areas. A resource center shall target its outreach, education, prevention and service development efforts based on the results of the needs identification process.

(c) Grievance process. Implement a process for reviewing and resolving client grievances as required under s. DHS 10.53 (1).

(d) Reporting and records.

1. Except as provided in this par. and sub. (7), collect data about its operations as required by the department by contract. No data collection effort shall interfere with a person’s right to receive information anonymously or require personally identifiable information unless the person has authorized the resource center to have or share that information.

2. Report information as the department determines necessary, including information needed for doing all of the following:

a. Determining whether the resource center is meeting minimum quality standards and other requirements of its contract with the department.

b. Determining the extent to which the resource center is improving its performance on measurable indicators identified by the resource center in its current quality improvement plan.

c. Evaluating the effects of providing long-term care options counseling and choice counseling under this section.

d. Evaluating the effects for enrollees and cost-effectiveness of providing the family care benefit.

3. Submit to the department all reports and data required or requested by the department, in the format and timeframe specified by the department.

(e) Internal quality assurance and quality improvement. Implement an internal quality assurance and quality improvement program that meets the requirements of its contract with the department. As part of the program, the resource center shall do all of the following:

1. Develop and implement a written quality assurance and quality improvement plan designed to ensure and improve outcomes for its target population. The plan shall be approved by the department and shall include at least all of the following components:

a. Identification of performance goals, specific to the needs of the resource center’s customers, including any goals specified by the department.

b. Identification of objective and measurable indicators of whether the identified goals are being achieved, including any indicators specified by the department.

c. Identification of timelines within which goals will be achieved.

d. Description of the process that the resource center will use to gather feedback from the resource center’s customers and staff and other sources on the quality and effectiveness of the resource center’s performance.

e. Description of the process the resource center will use to monitor and act on the results and feedback received.

f. A process for regularly updating the plan, including a description of the process the resource center will use for annually assessing the effectiveness of the quality assurance and quality improvement plan and the impact of its implementation on outcomes.

2. Measure resource center performance, using standard measures as required by its contract with the department, and report its findings on these measurements to the department.

3. Achieve minimum performance levels and performance improvement levels, as demonstrated by standardized measures agreed to in its contract with the department.

4. Initiate performance improvement projects that examine aspects of services related to improving resource center quality. These projects shall include all of the following:

a. Measuring performance.

b. Implementing system interventions.

c. Evaluating the effectiveness of the interventions.

d. Planning for sustained or increased improvement in performance based on the findings of the evaluation.

5. Comply with quality standards for services included in the resource center’s contract with the department in all of the following areas:

a. Timeliness and accuracy of the functional screen and financial eligibility and cost-sharing screen.

b. Timely and accurate eligibility determination and enrollment procedures.

c. Information and assistance services and long-term care options counseling.

d. Protection of applicant rights.

e. Effective processes for reviewing and resolving appeals and grievances of applicants and other persons who use resource center services.

f. Services to minority, rural and institutionalized populations.

6. Report all data required by the department related to standardized measures of performance, in the timeframes and format specified by the department.

7. Cooperate with the department in evaluating outcomes and in developing and implementing plans to sustain and improve performance.

(f) Cooperation with external reviews. Cooperate with any review of resource center activities by the department, another state agency or the federal government.

(7) Confidentiality and exchange of information. No record, as defined in s. 19.32 (2), Stats., of a resource center that contains personally identifiable information, as defined in s. 19.62 (5), Stats., concerning an individual who receives services from the resource center may be disclosed by the resource center without the individual’s informed consent, except as follows:

(a) A resource center shall provide information as required to comply with s. 16.009 (2) (p) or 49.45 (4), Stats., or as necessary for the department to administer the family care program under ss. 46.2805 to 46.2895, Stats.

(b) Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22, 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), Stats., and except as provided in sub. (2) (d) 2., a resource center may exchange confidential information about a client without the informed consent of the client, in the county of the resource center, if the exchange of information is necessary to enable the resource center to perform its duties or to coordinate the delivery of services to the client, as authorized under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.284 (7), 46.2895 (10), 51.42 (3) (e) or 51.437 (4r) (b), Stats.

History: Cr. Register, October, 2000, No. 538, eff. 11-1-00; CR 04-040: am. (2) (d) 1., (3) (a) 2. (intro.) Register November 2004 No. 587, eff. 12-1-04; correction in (7) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; EmR0834: emerg. am. (2) (d) 2., eff. 11-3-08; CR 08-109: am. (2) (d) 2. Register June 2009 No. 642, eff. 7-1-09; correction in (6) (b) made under s. 13.92 (4) (b) 6., Stats., Register November 2009 No. 647; CR 22-026: am. (2) (d) 3., (e), (h), (j) 2., r. (2) (k), am. (3) (intro.), (a) 2. (intro.), c., 3., (6) (b), (c), (e) 5. e. Register May 2023 No. 809, eff. 6-1-23; correction in (2) (h) made under s. 35.17, Stats., Register May 2023 No. 809; CR 23-046: am. (3) (a) 2. c., (6) (a) 2. (intro.), a., cr. (6) (a) 2. f., g. Register April 2024 No. 820, eff. 5-1-24; merger of (3) (a) 2. c. treatments by CR 22-026 and CR 23-046 made under s. 13.92 (4) (bm), Stats., Register April 2024 No. 820.

DHS 10.24 Department responsibilities for monitoring resource center quality and operations.

(1) Monitoring. The department shall monitor the performance and operations of the resource center in all of the following areas:

(a) Providing information about long-term care options to persons who could benefit from the information and linking persons to needed services, including family care, when eligible.

(b) Respecting individuals’ rights and dignity and giving consumers a strong role in program and policy development.

(2) Indicators. In order to monitor the performance of the resource center, the department shall develop and use indicators to measure and assess the performance of the resource center in the areas specified in sub. (1). The department shall use indicators to compare performance both within and across resource centers and against other programs in order to enable resource centers to improve the quality of their services. Where possible, the department shall measure indicators against available or created benchmarks and evaluate the resource centers’ performance.

(3) Measurement indicators. The department shall measure at least the following indicators:

(a) Information and assistance contacts and follow-ups:

(b) Persons who have received enrollment counseling who subsequently enroll in family care or who subsequently receive non-family care medical assistance-funded long-term care services.

(c) Referrals for, and timeliness of, pre-admission consultation under s. 46.283 (4) (g), Stats., and the functional screening.

(d) Referrals for medical assistance, supplemental security income, including the increased or exceptional payments, and food stamps.

(e) Referrals for emergency help, protective services, and other long-term care services.

(f) Grievances, appeals and fair hearings and their disposition.

(4) Assessment indicators. The department shall use the following indicators to assess the performance of the resource center:

(a) Fair treatment.

(b) Consumer satisfaction.

(d) Collaborative arrangements with community agencies whose services are focused on preventing loss of health or the capacity to function independently in performing activities of daily living.

(5) Cost-effectiveness. The department shall measure resource center cost-effectiveness in carrying out its program responsibilities.

(6) Required referrals. The department shall measure compliance with requirements for referrals to the resource center under subch. VII.

(7) Functional screening accuracy and reliability. The department shall measure the accuracy and reliability of functional screenings, including whether screens result in payment of appropriate rates to CMOs.

History: Cr. Register, October, 2000, No. 538, eff. 11-1-00; CR 04-040: am. (3) (c) and (f) and (7) Register November 2004 No. 587, eff. 12-1-04.