Register June 2018 No. 750
Chapter DHS 68
SUPPORT FOR PERSONS WITH DEMENTIA AND THEIR CAREGIVERS
Allocation of funds.
Selection and reporting responsibilities of administering agencies.
Program budget requirement; county, tribal, or nonprofit agency.
Allowable use of funds.
Determination of need.
Method of payment.
Exceptions to requirements.
Ch. DHS 68 Note
Chapter HSS 68 is renumbered chapter HFS 68 under s. 13.93 (2m) (b) 1.,Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, July, 1997, No. 499
. Chapter HFS 68 was renumbered to chapter DHS 68 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635
Authority and purpose.
This chapter is promulgated pursuant to ss. 46.87
and 227.11 (2) (a)
, Stats., section 3023 (28m)
of 1985 Wis. Act 29
, and 2015 Wis. Act 273
to establish procedures and criteria for distributing funds for the provision of service payments, goods and services to persons with dementia and to their caregivers. The payments, goods and services provided in accordance with this chapter are intended to help make available a diverse array of community services directed at preventing or delaying institutionalization of persons who have dementia and enhancing the quality of their lives, and to provide assistance to family members and others who take care of persons with dementia without compensation.
(2) To whom the chapter applies.
The chapter applies to the department, county boards, administering agencies designated by county boards under s. 46.87 (3) (c)
, Stats., tribes, and private nonprofit organizations selected by the department under s. DHS 68.04
DHS 68.01 History
Cr. Register, March, 1989, No. 399
, eff. 4-1-89; CR 17-032: am. Register June 2018 No. 750, eff 7-1-18.
In this chapter:
“Administering agency” means any of the following:
A home certified by a county department of social services established under s. 46.215
, Stats., or a county department of human services established under s. 46.23
, Stats., in which one or 2 adults unrelated to the operator reside and which provides a structured living arrangement for residents whose physical, developmental and emotional functioning is likely to be maximized in this family-type living arrangement; or
“Caregiver” means any person other than a paid provider who provides care for a person with dementia.
“Community-based residential facility" or “CBRF" means a facility licensed under ch. DHS 83
in which 3  or more unrelated adults reside and receive care and treatment or services above the level of room and board but not including nursing care.
“County agency” means an agency designated by a county board under s. 46.87 (3) (c)
, Stats., to administer the program, namely, a county department of social services created under s. 46.215
, Stats., a county department of human services created under s. 46.23
, Stats., a county aging unit, or a resource center authorized under s. 46.283
, Stats., and ch. DHS 10
“Dementia” means a degenerative disease of the central nervous system characterized especially by premature cognitive deterioration. This includes Alzheimer's disease and related diagnoses which are similarly marked by irreversible deterioration of intellectual faculties with concomitant emotional disturbance resulting from organic brain disorder,
Any other neurocognitive brain disorder that results in the irreversible deterioration of intellectual faculties.
“Department" means the Wisconsin department of health services.
“Expand services” means to expand the staffing, size of physical plant, or programming for an existing service offered by a service provider and included in a category listed under s. DHS 68.06 (2) (b)
in order to increase by at least 10% over the number served prior to expansion the number of persons with dementia or their caregivers who are served by the provider, or to significantly improve, in the judgment of the administering agency contracting with the provider, the quality of services or service delivery for persons with dementia or for their caregivers. A service is no longer defined as “expanded” 3 years after the starting date of its expansion.
“Goods and services" means, unless otherwise qualified, goods and services purchased or provided under any of the categories listed under s. DHS 68.06 (2) (b)
“Household” means a person with dementia living alone or a person with dementia and the caregiver or caregivers with whom he or she lives, except that for purposes of determining financial eligibility under s. DHS 68.07 (3)
and for purposes of determining ability to pay for the cost of program goods and services under s. DHS 68.08
, “household” means only the person with dementia and spouse.
“Income" means gross earnings including money, wages or salary, net income from non-farm self-employment and net income from farm self-employment, and unearned income including social security, dividends, interest on savings or on money loaned, income from estates or trusts, net rental income or royalties, public assistance, pensions or annuities, unemployment compensation, worker's compensation, maintenance payments under s. 767.56
, Stats., child support, family support, veterans' pensions, and educational grants given for living expenses.
DHS 68.02 Note
Note: “Public assistance" includes but is not limited to programs such as aid to families with dependent children (AFDC) and supplemental security income (SSI).
“Medical assistance" means the assistance program operated by the department under ss. 49.43
“New program” means any goods or services under one or more of the categories listed under s. DHS 68.06 (2)
developed or offered for the first time by a service provider under contract with an administering agency, to clients or beneficiaries, at least half of whom are persons with dementia or their caregivers. A program is no longer defined as “new” 3 years after its starting date.
“Private nonprofit organization" has the meaning prescribed for“nonprofit organization" in s. 108.02 (19)
“Program" means, unless otherwise qualified, the Alzheimer's family and caregiver support program under s. 46.87
“Residential facility" means an adult family home or a community-based residential facility.
“Respite” means temporary relief from caregiving responsibilities.
“Respite services” means any service granting respite, which is provided at home, such as assisting services, help with household chores, assistance with providing personal care, medication management or wound care for the person with dementia, or provided by an adult day center or short-term in an institutional setting. Respite services may also include expenses related to caregivers attending support groups, receiving individual counseling, activities related to maintaining the caregiver's physical or psychological well-being, or other services approved by the administering agency.
“Tribal government” means a governing body of a tribe.
“Tribal service area” means the geographic area designated by a tribe, and approved by the U.S. Bureau of Indian Affairs or Indian Health Service, in which a tribal government provides services to its members.
DHS 68.02 History
Cr. Register, March, 1989, No. 399
, eff. 4-1-89; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588
; corrections in (2) (b), (5), (7) and (11) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635
; CR 17-032: r. and recr. (1), r. (3), am. (4), (6), cr. (6m), am. (8), (10), (13), cr. (17) to (21) Register June 2018 No. 750, eff. 7-1-18; correction in (6), (10), (18) made under s. 35.17, Stats., Register June 2018 No. 750.
DHS 68.03 Allocation of funds.
Each administering agency shall receive no less than $5,000 per year in funds available under s. 20.435 (7) (b)
DHS 68.03 History
Cr. Register, March, 1989, No. 399
, eff. 4-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, October, 2000, No. 538
; corrections in (1) (intro.) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588
; CR 17-032: r. and recr. Register June 2018 NO. 750, eff. 7-1-18.
Selection and reporting responsibilities of administering agencies. DHS 68.04(1)(a)(a) Letter of intent.
A county board or tribal government may apply to serve as the administering agency by submitting to the department an initial letter of intent that includes all of the following:
The name and contact information for the responsible contact person.
A description of the program and services related to dementia that will be provided.
A description and contact information for any service provider contracted with to provide the program and services described in subd. 3.
An estimate of the number of households and residents of residential facilities to be served over the next calendar year.
The maximum amount payable in a calendar year to or on behalf of any person participating in the program and services described in subd. 3.
Any other information relating to the program's knowledge of dementia, ability to manage supportive service programs, and its experience in assessing and meeting the needs of persons with dementia and their caregivers.
The following are not required to submit letters of intent under par. (a)
A county board or tribal government that submitted a letter of intent prior to the effective date of this chapter and that served as the administering agency each year following approval by the department.
A county board, tribal government, or private nonprofit organization that submits an initial letter of intent to the department, receives approval by the department to serve as the administering agency, and continues to serve as the administering agency each year following approval.
(2) Administration by private nonprofit organization. DHS 68.04(2)(a)(a)
The department shall solicit letters of intent from private nonprofit organizations, and may approve one or more private nonprofit organizations to administer the program for the following calendar year, if any of the following occur:
Neither a county agency nor a tribal government submits a letter of intent under sub. (1)