Wisconsin Legislature: 001 - CR 17-032 Rule Text

The department complied with s. 227.14 (2m), Stats., for any data used to draft the rules and analyses.

Place where comments are to be submitted and deadline for submission

Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active.

RULE TEXT

SECTION 1. Chapter DHS 68 (title) is amended to read:

SUPPORT FOR PERSONS WITH ALZHEIMER’S DISEASE DEMENTIA AND THEIR CAREGIVERS

SECTION 2. DHS 68.01 (1) and (2) are amended to read:

DHS 68.01 (1) Authority and purpose. This chapter is promulgated pursuant to ss. 46.87 and 227.11 (2) (a), Stats., and section 3023 (28m) of 1985 Wis. Act 29, and 2015 Wis. Act 273 to establish procedures and criteria for distributing funds to county boards and private nonprofit organizations for the provision of service payments, goods and services to persons with Alzheimer’s disease 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 Alzheimer’s disease dementia and enhancing the quality of their lives, and to provide assistance to family members and others who take care of persons with Alzheimer’s disease dementia without compensation.

DHS 68.01 (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.

SECTION 3. DHS 68.02 (1) is repealed and recreated to read:

DHS 68.02 (1) “Administering agency” means any of the following:

(a) The county agency selected by the county board under s. 46.87 (3) (c), Stats..

(b) The agency selected by a tribal government under s. 46.87(3)(d), Stats..

SECTION 4. DHS 68.02 (3) is repealed.

SECTION 5. DHS 68.02 (4) and (6) are amended to read:

DHS 68.02 (4) “Caregiver” has the meaning prescribed in s. 46.87 (1) (b), Stats., namely, means any person other than a paid provider who provides care for a person with Alzheimer’s disease dementia.

DHS 68.02 (6) “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 or 46.22, Stats., a county department of community programs created under s. 51.42, Stats., a county department of developmental disabilities services created under s. 51.437, Stats., a county department of human services created under s. 46.23, Stats., or a county aging unit, or a resource center authorized under s. 46.283, stats., and DHS 10.

SECTION 6. DHS 68.02 (6m) is created to read:

DHS 68.02 (6m) “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, such as:

(a) Chronic Traumatic Encephalopathy.

(b) Creutzfeldt-Jakob Syndrome.

(d) Huntington’s disease.

(e) Korsakoff’s Syndrome.

(f) Lewy-body disease.

(g) Parkinson’s disease.

(h) Progressive supranuclear palsy.

(i) Vascular dementia.

(j) Any other neurocognitive brain disorder that results in the irreversible deterioration of intellectual faculties.

SECTION 7. DHS 68.02 (8) is amended to read:

DHS 68.02 (8) “Expand services” means to expand, after January 1, 1986, 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 Alzheimer’s disease 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 Alzheimer’s disease dementia or for their caregivers. A service is no longer defined as “expanded” 3 years after the starting date of its expansion.

SECTION 8. DHS 68.02 (10) and (13) are amended to read:

DHS 68.02 (10) “Household” means a person with Alzheimer’s disease dementia living alone or a person with Alzheimer’s disease 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 (1) (c), “household” means only the person with Alzheimer’s disease dementia and spouse.

DHS 68.02 (13) “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 on or after January 1, 1986, by a service provider under contract with an administering agency, to clients or beneficiaries, at least half of whom are persons with Alzheimer’s disease dementia or their caregivers. A program is no longer defined as “new” 3 years after its starting date.

SECTION 9. DHS 68.02 (17) through (21) are created to read:

DHS 68.02 (17) “Respite” means temporary relief from caregiving responsibilities.

DHS 68.02 (18) “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.

DHS 68.02 (19) “Tribal government” means a governing body of a tribe.

DHS 68.02 (20) “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 (21) “Tribe” has the meaning given in s. 46.87 (1) (c), Stats..

SECTION 10. DHS 68.03 is repealed and recreated to read:

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) and (o), Stats..

SECTION 11. DHS 68.04 (1) to (3) are repealed and recreated to read:

DHS 68.04 (1) administration by county agency or tribe. (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:

1. A signed statement indicating intent to administer the program.

2. The name and contact information for the responsible contact person.

3. A description of the program and services related to dementia that will be provided.

4. A description and contact information for any service provider contracted with to provide the program and services described in subd. 3..

5. An estimate of the number of households and residents of residential facilities to be served over the next calendar year.

6. 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..

7. A description of the waiting list policy.

8. 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.

(b) Exemption. The following are not required to submit letters of intent under par. (a):

1. 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.

2. 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. (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: