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Quality Home Care Authority Presented by Department of Health Services October 13, 2009

Quality Home Care Authority Presented by Department of Health Services October 13, 2009. Established in 2009-2011 Budget.

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Quality Home Care Authority Presented by Department of Health Services October 13, 2009

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  1. Quality Home Care Authority Presented by Department of Health ServicesOctober 13, 2009

  2. Established in 2009-2011 Budget • Act 28 creates the Quality Home Care Authority (QHCA) as an independent public authority governed by a board with a majority membership of consumers and their representatives and advocates. • The QHCA provides a forum for efforts to increase the number of individual home care providers in the state and improve quality of care.

  3. Applicability • Applies to individual providers employed directly by consumers who self-direct home care in Family Care, IRIS (Include, Respect, I Self-Direct) and to individual providers employed by consumers in other home and community-based waiver programs in counties that elect to participate. • Home care under the QHCA provisions includes both personal care and supportive home care.

  4. QHCA Duties • Establish and maintain one or more registries of home care providers and provide referral/matching services for consumers in need of home care. • Apply qualification criteria for home care providers who seek placement on the registry. All current qualifications for individual providers of care will apply. • Develop and operate recruitment and retention programs to expand the pool of providers.

  5. QHCA Duties (continued) • Provide orientation activities and skills training for home care providers. • Provide training for consumers in the duties and responsibilities of employers. • Inform consumers of the background and qualifications of providers on the registry and providers identified by consumers for employment.

  6. QHCA Duties (continued) • Develop and operate a system of backup and respite referrals, including a 24/7 on-call service for consumers. • Conduct other activities to improve supply and quality of direct care workers.

  7. The Registry • Provides a resource for consumers looking for providers and providers looking for work. • Workers on the registry will meet minimum qualifications and have undergone a background check. • The registry should not be confused with the list of providers who are part of the bargaining unit described in next slides.

  8. Potential Union Formation • Creates potential to form a union: • The statute permits, but does not require, workers to form a union. • All individual providers defined in the statute would be part of the bargaining unit, but would not be required to join a union if formed. • To conduct an election for union representation , there must be a “showing of interest” by 30% of the total number of people eligible for the bargaining unit.

  9. Union Provisions • If a union is formed: • Providers would not be required to join a union if formed, but all would be represented by the union. • Any “maintenance of membership” or “fair share” agreement regarding payment of union dues must be authorized by eligible employees voting in a referendum. • The law prohibits strikes by any union that may be formed.

  10. Collective Bargaining • Bargaining provisions: • Department of Health Services is the employer for purposes of collective bargaining only. • The Department would consult with consumer members of the QHCA regarding the bargaining process. • The terms of collective bargaining are limited to wages and benefits. • The consumer is still the employer of record and retains the ability to hire and fire providers and set conditions of employment.

  11. Bargaining Agreement • Bargaining agreement: • The bargaining agreement is subject to legislative approval. • A collective bargaining agreement cannot become effective before July 2011. • The wage rate(s) under the collective bargaining would set the minimum rate of pay. Consumers could choose to pay providers more than the minimum rate.

  12. Employer Requirements • The employer is the program participant/consumer who employs one or more direct care workers. • Employers of independent home care workers must: • Provide information about workers to the QHCA/Department and • Pay workers at a level that is consistent with any collective bargaining agreement.

  13. Payer Requirements • Payers include managed care organizations, the Department and counties that elect to participate. • Payers must: • Provide information about workers to the QHCA/Department and • Ensure that workers are paid at a level consistent with any collective bargaining agreement.

  14. What to Expect-QHCA • Governor will make Board appointments. • Organizational meetings will be held. • QHCA board will: • make decisions regarding staffing; • develop by-laws, policies, etc.; and • begin to carry out responsibilities.

  15. What to Expect-Bargaining • Home care workers may be contacted by a labor organization. • If enough workers agree, a union may form. • If a union forms and bargaining occurs, no changes to wages and benefits will occur until the 2011-13 biennium.

  16. For more information • Department of Health Services constituent relations: 608-267-0395 or DHSLegislative@wisconsin.gov • Website: http://dev.dhs.wisconsin.gov/LTCare/QHCA/Index.htm

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