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.
(c) Frontotemporal dementias.
(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:
1. Neither a county agency nor a tribal government submits a letter of intent under sub. (1).
2. Both the county agency and tribal government notify the department that they do not intend to administer the program for the following calendar year.
3. The department denies approval to administer the program for the following calendar year to the county agency and tribal government that submitted letters of intent under sub. (1) par. (a) or were exempt from submitting a letter of intent under sub. (1) par. (b).
(b) A private nonprofit organization may apply to administer the program under par. (a) by submitting to the department an initial letter of intent, as provide in sub.(1) par.(a)..
(3) Department selection and approval. (a) The department may approve county board, tribal government, or private nonprofit organization to serve as the administering agency as provided in this section, if it determines that the county board, tribal government, or private nonprofit organization is able to administer the program as required under this chapter.
(b) The department may deny approval of a county board, tribal government, or private nonprofit organization to serve as the administering agency for the following calendar year if it determines that the information provided in the letter of intent is incomplete or inaccurate, or the county board, tribal government, or private nonprofit organization is unable to adequately administer the program as provided under this chapter.
SECTION 12. DHS 68.04 (4), (5) (intro.), (a), (b),(c) (intro.), and (c) 1. through 4. are amended to read:
DHS 68.04 (4) Change of administering agency. If a county board or tribal government that is not participating in serving as the administering agency for the program submits a letter of intent to participate under sub.(2) this section, the private nonprofit organization selected by the department to administer the program under sub.(3) shall continue to serve as the administering agency for the remainder of the calendar year.
DHS 68.04 (5) Notification to the department of changes. Pursuant to s. 46.87 (7), Stats., the county board, tribal government or the private nonprofit organization selected under sub.(3) to administer serve as the administering agency for the program shall notify the department in writing within 15 working days after any of the following occurs: (a) The county board or tribal government designates a new county agency;.
(b) The county board, tribal government or private nonprofit organization selected under sub.(3) to administer the program administering agency decides to terminate participation in the program; or.
(c) The county board, tribal government or private nonprofit organization selected under sub.(3) to administer the program administering agency decides to make a change in the program or services which would result in a substantial difference from the description of the county’s program and services contained in the letter of intent or budget most recently submitted by a county board or in the application most recently submitted by the private nonprofit organization to the department. The county board or private nonprofit organization selected under sub.(3) administering agency shall notify the department when it decides to does any of the following:
1. Contract with a service provider to develop a new program or expand services;.
2. Discontinue providing, purchasing, or making payments for goods and services under one or more categories listed in s. DHS 68.06 (2) (b);. 3. Change its waiting list policy;.
4. Establish a maximum payment of less than $4,000 in a calendar year for each person with Alzheimer’s disease dementia who is participating in the program; or.
SECTION 13. DHS 68.05 (1) (title) and (1) are amended to read:
