Long-term care providers; clarification
The bill makes clarifications regarding individuals who perform services for
persons receiving long-term care benefits under certain long-term care programs
and who do not otherwise have worker's compensation coverage for those services to
confirm that they are considered to be employees, for worker's compensation
purposes, of the entities providing financial management services for the persons
receiving the benefits.
Program administration
Confidential records; disclosure to certain agencies
Under current law, subject to a number of exceptions, certain records of DWD,
DHA, or the Labor and Industry Review Commission that reveal information about
injured employees are confidential and not subject to disclosure under the public
records law or a subpoena. The bill creates another exception for records requested
by the Department of Health Services, a county department of social services, or a
county department of human services if the request is limited to the name and
address of the employee who is the subject of the record, the name and address of the
employee's employer, and any financial information about that employee contained
in the record.
Other changes
The bill makes various other changes regarding the administration of the
worker's compensation law, including:
1. Granting explicit rule-making authority to DWD to carry out the worker's
compensation law.
2. Expressly providing that DWD may conduct alternative dispute resolution
activities for certain cases.
3. Transferring from DWD to DHA the authority to grant licenses for
non-attorneys to appear in worker's compensation cases.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB911,1
1Section 1
. 46.275 (4m) of the statutes is amended to read:
AB911,4,72
46.275
(4m) Worker's compensation coverage. An individual who is
3performing services for a person receiving long-term care benefits under this section
4on a self-directed basis and who does not otherwise have worker's compensation
5coverage for those services is considered
, for purposes of worker's compensation
6coverage, to be an employee of the entity that is providing financial management
7services for that person.
AB911,2
8Section 2
. 46.277 (3r) of the statutes is amended to read:
AB911,5,6
146.277
(3r) Worker's compensation coverage. An individual who is
2performing services for a person receiving long-term care benefits under this section
3on a self-directed basis and who does not otherwise have worker's compensation
4coverage for those services is considered
, for purposes of worker's compensation
5coverage, to be an employee of the entity that is providing financial management
6services for that person.
AB911,3
7Section 3
. 46.281 (1k) of the statutes is amended to read:
AB911,5,138
46.281
(1k) Worker's compensation coverage. An individual who is
9performing services for a person receiving the Family Care benefit, or benefits under
10Family Care Partnership, on a self-directed basis and who does not otherwise have
11worker's compensation coverage for those services is considered
, for purposes of
12worker's compensation coverage, to be an employee of the entity that is providing
13financial management services for that person.
AB911,4
14Section 4
. 46.2897 (3) of the statutes is amended to read:
AB911,5,1915
46.2897
(3) Worker's compensation coverage. An individual who is
16performing services for a person participating in the self-directed services option
17and who does not otherwise have worker's compensation coverage for those services
18is considered
, for purposes of worker's compensation coverage, to be an employee of
19the entity that is providing financial management services for that person.
AB911,5
20Section 5
. 46.995 (3) of the statutes is amended to read:
AB911,6,221
46.995
(3) An individual who is performing services for a person receiving
22long-term care benefits under any children's long-term support waiver program on
23a self-directed basis and who does not otherwise have worker's compensation
24coverage for those services is considered
, for purposes of worker's compensation
1coverage, to be an employee of the entity that is providing financial management
2services for that person.
AB911,6
3Section 6
. 73.0301 (1) (d) 3m. of the statutes is amended to read:
AB911,6,64
73.0301
(1) (d) 3m. A license or certificate issued by the department of
5workforce development under s.
102.17 (1) (c), 103.275 (2) (b), 103.34 (3) (c), 103.91
6(1), 103.92 (3), 104.07 (1) or (2), or 105.13 (1).
AB911,7
7Section 7
. 73.0301 (1) (d) 15. of the statutes is created to read:
AB911,6,98
73.0301
(1) (d) 15. A license issued by the division of hearings and appeals
9under s. 102.17 (1) (c).
AB911,8
10Section 8
. 73.0301 (1) (e) of the statutes is amended to read: