DHS 10.22(3)(3) Governing board. A resource center shall have a governing board that reflects the ethnic and economic diversity of the geographic area served by the resource center. At least one-fourth of the members of the governing board shall be older persons or persons with physical or developmental disabilities or their family members, guardians or other advocates, reflective of the resource center’s target population. No member of the governing board may have any direct financial interest in a care management organization. DHS 10.22(4)(4) Independence from care management organization. To assure that persons receive long-term care counseling and eligibility determination services in an environment that is free from conflict of interest, a resource center shall meet state and federal requirements for organizational independence from any care management organization. DHS 10.22 NoteNote: Before July 1, 2001, the Wisconsin legislature has authorized the department to contract only with a county, a family care district, the governing body of a tribe or band or the Great Lakes Inter-tribal Council, Inc., or with 2 or more of these entities under a joint application, to operate a Resource Center. After June 30, 2001, the department is authorized to contract with these same entities, or with a private nonprofit organization if the department determines that the organization has no significant connection to an entity that operates a care management organization and if any of the following applies: (1) A county board of supervisors declines in writing to apply for a contract to operate a Resource Center; or (2) A county agency or a family care district applies for a contract but fails to meet the standards for performance for Resource Centers specified in s. DHS 10.23. Certain functions of the Resource Center, such as eligibility determination, must be performed by public employees. Section 46.285, Stats., further requires that no entity may directly operate both a Resource Center and a CMO, except that a pilot Resource Center is required to be structurally separate from the provision of CMO services by January 1, 2001. DHS 10.22 HistoryHistory: Cr. Register, October, 2000, No. 538, eff. 11-1-00; CR 22-026: am. (3), (4) Register May 2023 No. 809, eff. 6-1-23. DHS 10.23DHS 10.23 Standards for performance by resource centers. DHS 10.23(1)(1) Compliance. An aging and disability resource center shall comply with all applicable statutes, all of the standards in this section and all requirements of its contract with the department. DHS 10.23(2)(2) Services. A resource center shall ensure that the following services, meeting the standards specified, are available to its target population: DHS 10.23(2)(a)(a) Information and referral services and other assistance. A resource center shall provide information, referral and assistance at hours that are convenient to the public and consistent with requirements of this chapter and its contract with the department, using a telephone number that is toll-free to all callers in its service area. The resource center shall be physically accessible and be able to provide information and assistance services in a private and confidential manner. The resource center shall be able to provide information and assistance services in a language that a person contacting the resource center can understand. Information and referral services include all of the following: DHS 10.23(2)(a)1.1. Current information on a wide variety of topics related to aging, physical and developmental disabilities, chronic illness and long-term care, as specified by the department and appropriate to the resource center’s target population. DHS 10.23(2)(a)2.2. Referrals to and assistance in accessing an array of voluntary, purchased and public resources to help older people and people with disabilities secure needed services or benefits, live with dignity and security, and achieve maximum independence and quality of life. Referral and assistance includes all the following: DHS 10.23(2)(a)2.a.a. Professional advice and counseling to assist consumers in identifying needs, capacities and personal preferences. DHS 10.23(2)(a)3.3. Continued contact with people, as needed, to determine the outcomes of previous contacts and to offer additional assistance in locating or using services as necessary. DHS 10.23(2)(b)(b) Advocacy. Advocacy on behalf of individuals and groups when needed services are not being adequately provided by an organization within the service delivery system. DHS 10.23(2)(c)(c) Long-term care options counseling. The resource center shall provide members of its target population and their families or other representatives with professional counseling about options available to meet long-term care needs and about factors to consider in making long-term care decisions. The resource center shall offer this counseling to any person in its target population who is seeking or who the resource center determines appears to need long-term care services, and to his or her family members or other representatives if applicable. In making the offer, the resource center shall inform the person that participation in counseling is voluntary on the part of any individual. Information provided shall be timely, factual, thorough, accurate, unbiased and appropriate to the individual’s needs and situation. The resource center shall conduct long-term care options counseling at a location preferred by and at a time convenient to the individual consumer. Long-term care options counseling shall inform and advise the person concerning all of the following: DHS 10.23(2)(c)1.1. The availability of any long-term care options open to the individual, including home care, community services, case management services, residential care and nursing home options. DHS 10.23(2)(c)2.2. Sources and methods of both public and private payment for long-term care services, including family care and the fee-for-service system. DHS 10.23(2)(c)3.3. Factors to consider when choosing among the available programs, services and benefits, including cost, quality, outcomes, estate recovery and compatibility with the person’s preferred lifestyle and residential setting. DHS 10.23(2)(c)4.4. Advantages and disadvantages of the various options in light of the individual’s situation, values, capacities, knowledge and resources and the urgency of the individual’s situation. DHS 10.23(2)(c)5.5. Opportunities and methods for maximizing independence and self-reliance, including the utilization of supports from family, friends and community. DHS 10.23(2)(d)1.1. The resource center shall ensure that people from its target populations have access to the services of a benefit specialist, including information about and assistance in applying for public and private benefits for which they may be eligible, assistance in preparing and filing grievances, appeals, requests for department review or fair hearing, and representation in grievance resolution and fair hearings. DHS 10.23(2)(d)2.2. Notwithstanding sub. (7) (b), a disability benefit specialist may not disclose information about a client without the informed consent of the client, unless required by law. A disability benefit specialist may also disclose information about a client without the informed consent of the client as permitted under s. 55.043 (1m) (br), Stats., if there is reasonable cause to believe that the adult at risk is at imminent risk of serious bodily harm, death, sexual assault, or significant property loss and is unable to make an informed judgment about whether to report the risk or if an adult at risk other than the subject of the report is at risk of serious bodily harm, death, sexual assault, or significant property loss inflicted by a suspected perpetrator. DHS 10.23(2)(d)3.3. When a benefit specialist represents a client in a matter in which a decision or administrative action under s. HA 3.03 of the resource center is at issue, the resource center may not attempt to influence the benefit specialist’s representation of the client. DHS 10.23(2)(e)(e) Transitional services. A resource center that serves young adults age 17 years and 6 months or older with physical or developmental disabilities shall coordinate with school districts, boards appointed under s. 51.437, Stats., county human services departments or departments of community programs to assist in making the transition from children’s services to the adult long-term care system. DHS 10.23(2)(f)(f) Prevention and early intervention. The resource center shall develop a prevention and early intervention plan based on department priorities established through contract and provide prevention and intervention services consistent with the plan and within the limits of available funding. The plan shall include how the resource center will do both of the following: DHS 10.23(2)(f)1.1. Educate communities in its area on prevention of disabling conditions.