Chapter 46

46.2896(2)(a) (a) The individual applying for or receiving benefits under the long-term care program or his or her spouse provided the goods, money loaned, or services rendered for the promissory note.

46.2896(2)(b) (b) The promissory note was entered into or purchased on or after July 14, 2015.

46.2896(2)(c) (c) The promissory note is negotiable, assignable, and enforceable and does not contain any terms making it unmarketable.

46.2896(3) (3) A promissory note is presumed to be negotiable and its asset value is the outstanding principal balance at the time the individual applies for the long-term care program or at the time the individual’s eligibility for the long-term care program is redetermined, unless the individual shows by credible evidence from a knowledgeable source that the note is nonnegotiable or has a different current market value, which will then be considered the asset value.

46.2896 History History: 2015 a. 55; 2019 a. 9.

46.2897 46.2897 Self-directed services option.

46.2897(1) (1) Definition. In this section, “self-directed services option” means the program that is operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) in which an enrolled individual selects his or her own services and service providers.

46.2897(2) (2) Advocacy services. The department shall allow a participant in the self-directed services option that is operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) to access the advocacy services contracted for by the department under s. 46.281 (1n) (e).

46.2897(3) (3) Worker’s compensation coverage. An individual who is performing services for a person participating in the self-directed services option and who does not otherwise have worker’s compensation coverage for those services is considered, for purposes of worker’s compensation coverage, to be an employee of the entity that is providing financial management services for that person.

46.2897 History History: 2009 a. 28; 2015 a. 180; 2021 a. 232.

46.2898 46.2898 Employment of individuals with disabilities; long-term care programs.

46.2898(1) (1) Definitions. In this section:

46.2898(1)(a) (a) “Board” means the board for people with developmental disabilities.

46.2898(1)(b) (b) “Coaching” means providing specific, targeted supports to a business, school district, or vocational agency that demonstrates how coworkers can provide internal support to a coworker with a disability, eliminating the need for a job coach or other individual from outside of the employer.

46.2898(1)(c) (c) “Family care” means the program that provided the family care benefit, as defined in s. 46.2805 (4).

46.2898(1)(d) (d) “Internal support” means primary employment support for an individual with a disability provided by an employer or employees of the employer and not by a job coach or other individual from outside the employer.

46.2898(1)(e) (e) “Qualified employee” means an individual with a disability that is an enrollee of family care, the Family Care Partnership Program, or the self-directed services option.

46.2898(1)(f) (f) “Self-directed services option” has the meaning given in s. 46.2899 (1).

46.2898(2) (2) Coaching program established. The board shall develop a program to provide coaching for the hiring of individuals with disabilities and shall do all of the following:

46.2898(2)(a) (a) Develop a model of coaching businesses in the hiring and employment of individuals with disabilities that engages businesses directly.

46.2898(2)(b) (b) Expand awareness and competence across the private sector in hiring individuals with significant disabilities who are enrollees of family care, the Family Care Partnership Program, or the self-directed services option.

46.2898(2)(c) (c) Collaborate with individuals and businesses that hire and provide internal support for individuals with disabilities to develop tools and training programs for use in other businesses.

46.2898(2)(d) (d) Coordinate with the department of public instruction to explore the use of business-supported employment of individuals with disabilities in the school-age population.

46.2898(2)(e) (e) Include travel costs in costs available for any reimbursement, including grants awarded for meeting criteria under sub. (4) (b).

46.2898(3) (3) Coaching; board duties. The board shall provide the coaching described under sub. (2) to private and nonprofit businesses and to schools, care management organizations that administer family care or the Family Care Partnership Program, consultant agencies that assist enrollees of the self-directed services option, and other employment services providers for the state’s long-term care programs.

46.2898(4) (4) Coaching recipients; grants.

46.2898(4)(a) (a) The board shall request proposals from any of the following to participate in a coaching program for the hiring of qualified employees:

46.2898(4)(a)1. 1. Public schools.

46.2898(4)(a)2. 2. Care management organizations that administer family care or the Family Care Partnership Program.

46.2898(4)(a)3. 3. Consultant agencies that assist enrollees of the self-directed services option.

46.2898(4)(a)4. 4. Employment services providers for the state’s long-term care programs.

46.2898(4)(a)5. 5. Private businesses.

46.2898(4)(b) (b) From the appropriation under s. 20.438 (1) (a), the board shall provide coaching and award grants to entities described under par. (a) that meet all of the following criteria:

46.2898(4)(b)1. 1. Annually, the entity submits a report to the board containing all of the following:

46.2898(4)(b)1.a. a. The number of individuals with disabilities hired by the entity that provides supported employment through a business-based internal support model.

46.2898(4)(b)1.b. b. The wages and hours worked of employees with disabilities hired by the entity that provides supported employment through a business-based internal support model.

46.2898(4)(b)1.c. c. The number of businesses receiving coaching from the entity that hire and employ individuals with disabilities and that provide internal support for those individuals.

46.2898(4)(b)2. 2. The entity demonstrates an increase in the number of businesses hiring and employing individuals with disabilities and providing internal support for those individuals.

46.2898(4)(b)3. 3. The entity demonstrates a reduction in public spending on employment supports for individuals with disabilities by a minimum of 25 percent compared to previous costs or cost estimates. The entity shall provide information on this reduction and a description of the impact of the program under this section in the annual report under subd. 1.

46.2898(4)(b)4. 4. The entity meets other outcome measures as determined by the board.

46.2898 History History: 2017 a. 323; 2021 a. 238 ss. 9, 45.

46.2899 46.2899 Services for the developmentally disabled who receive post-secondary education.

46.2899(1) (1) Definition. In this section, “self-directed services option” means a program known as Include, Respect, I Self-direct or IRIS operated by the department under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c).

46.2899(2) (2) Waiver program. The department shall request a waiver from the federal centers for medicare and medicaid services in order to receive the federal medical assistance percentage for home-based and community-based services provided to individuals who are developmentally disabled and who received post-secondary education on the grounds of institutions. If the waiver is approved the department shall operate a waiver program to provide those services to no more than 100 individuals per month per year.

46.2899(3) (3) Eligibility. The department shall consider as eligible for the waiver program described under sub. (2) only individuals who are receiving post-secondary education in a setting that is distinguishable from the institution. The department shall set the financial eligibility requirements and functional eligibility requirements for the waiver program described under sub. (2) the same as the financial eligibility requirements and functional eligibility requirements for the self-directed services option except for the requirement to be an individual who is developmentally disabled and who is receiving post-secondary education on the grounds of a institution.

46.2899(4) (4) Services and benefits. The department shall provide the same services under the waiver program described in sub. (2) as it provides under the self-directed services option. The department shall determine the funding amount for a waiver program participant under this section.

46.2899 History History: 2013 a. 20.

46.29 46.29 Council on physical disabilities.

46.29(1) (1) From the appropriation account under s. 20.435 (1) (a), the department shall distribute at least $16,100 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:

46.29(1)(a) (a) Develop, approve and continue modification of a state plan, for services to physically disabled persons, that encompasses services from the entities specified under sub. (3).

46.29(1)(b) (b) Request reports or other information from the entities specified under sub. (3) concerning programs, funding, clients or services as they relate to physically disabled persons.

46.29(1)(c) (c) Advise the secretary of the department and make recommendations, including recommendations for legislation, to the entities specified under sub. (3) concerning funding, programs, policies and operations of those entities and other matters with respect to physically disabled persons.

46.29(1)(d) (d) Encourage public understanding of the needs of and issues concerning physically disabled persons.

46.29(1)(e) (e) Consider all questions and matters concerning physically disabled persons arising within the council or brought to the council for review.

46.29(1)(em) (em) Approve educational material relating to the parking privileges of physically disabled persons for placement on vehicles as provided in s. 346.94 (4). The council may delegate to a member of the council or an officer or employee of a state agency the authority granted under this paragraph.

46.29(1)(fm) (fm) By April 15, 1996, and biennially thereafter, submit a report to the legislature under s. 13.172 (2) concerning the time limitations imposed by any ordinances enacted under s. 346.50 (3m) on spaces reserved for use by a motor vehicle used by a physically disabled person, including any recommended changes to s. 346.50 (3m) and copies of any reports submitted from cities as required by s. 346.50 (3m) (b) 5.

46.29(1)(g) (g) Meet at least 4 times annually.

46.29(2) (2) The council on physical disabilities may do all of the following:

46.29(2)(a) (a) Report to the public concerning needs of physically disabled persons and issues that affect those persons.

46.29(2)(b) (b) Promote programs related to the prevention of physical disability.

46.29(2)(c) (c) Form committees for consideration of policies or programs for physically disabled persons.

46.29(3) (3) All of the following shall maintain liaison with and periodically report to the council on physical disabilities concerning progress in achieving objectives in the state plan developed under sub. (1) (a):

46.29(3)(a) (a) The state superintendent of public instruction.

46.29(3)(b) (b) The secretary of transportation.

46.29(3)(c) (c) The secretary of workforce development.

46.29(3)(d) (d) The administrator of the division of personnel management in the department of administration.

46.29(3)(e) (e) The secretary of safety and professional services.

46.29(3)(f) (f) The commissioner of insurance.

46.29(3)(g) (g) The president of the University of Wisconsin System.

46.29(3)(h) (h) The president of the technical college system board.

46.29(3)(i) (i) The executive director of the board on aging and long-term care.

46.29 History History: 1989 a. 202; 1991 a. 39; 1993 a. 256, 399; 1995 a. 27 ss. 9116 (5), 9130 (4), 9145 (1); 1995 a. 131; 1997 a. 3, 27; 1999 a. 9; 2001 a. 16; 2003 a. 33 ss. 1142, 9160; 2007 a. 20, 96; 2009 a. 28; 2011 a. 32; 2015 a. 55; 2017 a. 59.

46.293 46.293 Specialized programs for the blind and visually impaired. The department shall provide rehabilitation teaching services for persons who are blind or visually impaired including elderly persons and young persons and their parents or guardians, regardless of their eligibility for vocational rehabilitation services. These services may include assessments of each client’s service needs, development of an individual service plan, instruction in braille, training in orientation and movement in the person’s home or neighborhood, counseling and guidance to increase the blind or visually impaired person’s independence, instruction in the use of low-vision aids, personal and home management training and instruction in leisure activities. In conjunction with the provision of these services the department shall:

46.293(1) (1) Work with blind and visually impaired persons, in a setting appropriate to each individual, to form rehabilitation plans for independent living to enable them to increase their self-reliance.

46.293(2) (2) Assist blind and visually impaired persons in physical orientation and personal adjustment.

46.293 History History: 1995 a. 27 ss. 2270, 2413; Stats. 1995 s. 46.293.

46.295 46.295 Interpreters for the hearing-impaired.

46.295(1) (1) The department may, on the request of any hearing-impaired person, city, village, town, or county or private agency, provide funds from the appropriation accounts under s. 20.435 (1) (da) and (hs) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.

46.295(2) (2) The department shall grant priority to requests to pay fees charged by interpreters for the following, in the following order:

46.295(2)(a) (a) Emergencies.

46.295(2)(b) (b) Medical, mental health, alcohol and drug abuse, psychiatric and psychological services.

46.295(2)(c) (c) Legal services and civil court proceedings.

46.295(2)(d) (d) Matters concerning law enforcement personnel.

46.295(2)(e) (e) Matters concerning any federal, state, county or municipal agency.

46.295(3) (3) The department shall maintain lists of qualified interpreters under s. 885.37 (5) (b).

46.295(4) (4) The department may use as an interpreter for hearing-impaired persons only the following:

46.295(4)(a) (a) An interpreter for hearing-impaired persons who is certified by the national registry of interpreters for the deaf.

46.295(4)(b) (b) If an interpreter under par. (a) is unavailable, an interpreter for hearing-impaired persons whose qualifications have been determined appropriate by the department.

46.295(5) (5) The department may bill any public or private agency at the rates established by the department for interpreter services for hearing-impaired persons commensurate with the certification or qualification level of the interpreter providing services if the department determines that the agency is required under state or federal law to provide interpreter services to a hearing-impaired person or if the agency agrees to pay for the services.