Section 10.21. Contracting.

 

(1)  The department may contract for resource center operation only with entities that do all of the following:

(a) Comply with the general requirements specified in s. DHS 10.22 .

(b) Meet the standards for performance by resource centers specified in s. DHS 10.23 .

(2)  The department's contracts with organizations operating resource centers shall specify sanctions that may be taken if certain contract requirements are not met, including the withholding or deduction of funds.

(3)  The department shall use standard contract provisions for contracting with resource centers, except as provided in this subsection. The provisions of the standard contract shall comply with all applicable state and federal laws and may be modified only in accordance with those laws and after consideration of the advice of all of the following:

(a) The secretary's council on long-term care.

(b) The regional long-term care advisory committee appointed under s. 46.2825 (1) , Stats., serving the area in which an organization operates, or proposes to operate, a resource center.

(4)  The department shall annually provide to the members of the council on long-term care copies of the standard resource center contract the department proposes to use in the next contract period and seek the advice of the council regarding the contract's provisions. The department shall consider any recommendations of the council and may make revisions, as appropriate, based on those recommendations. If the department proposes to modify the terms of the standard contract, including adding or deleting provisions, in contracting with one or more organizations, the department shall seek the advice of the council and consider any recommendations of the council before making the modifications.

(5)  Whenever the department considers an application from an organization for a contract to operate a resource center, the department shall provide a copy of the standard resource center contract to the regional long-term care advisory committee serving the area in which an organization operates, or proposes to operate, the resource center. If the department proposes to modify the contract, including adding or deleting provisions, the department shall seek the advice of the committee and consider any recommendations of the committee prior to signing the modified contract.

(6)  Prior to receiving funds to operate a resource center, an organization shall agree to the terms of the standard contract.

History: Cr. Register, October, 2000, No. 538 , eff. 11-1-00; CR 04-040 : am. (3) (a) Register November 2004 No. 587 , eff. 12-1-04; corrections in (3) (b) and (5) made under s. 13.92 (4) (b) 6. and 7. , Stats., Register November 2009 No. 647 .