SECTION 2. DHS 68.02 (1) is amended to read:
DHS 68.02 (1) “Administering agency” means a county agency, federally-recognized tribal government or the private nonprofit organization selected by the department under s. DHS 68.04 (3) to receive and administer program funds.
SECTION 3. DHS 68.02 (3) is repealed.
SECTION 4. 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 or other 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 an Aging and Disability Resource Center. SECTION 5. 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 condition resulting in irreversible dementia.
SECTION 6. 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 7. DHS 68.02 (8m) is created to read:
DHS 68.02 (8m) “Tribe” means any federally-recognized Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act 43 USCS §§ 1601 et seq., that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education Assistance Act 25 U.S.C. 450 et seq.. SECTION 8. DHS 68.02 (10), (13), (15) and (16) 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. DHS 68.02 (15) “Program” means, unless otherwise qualified, the Alzheimer’s and Dementia caregiver support program under s. 46.87, Stats. DHS 68.02 (16) “Residential facility” means an adult family home or a community-based residential facility.
SECTION 9. DHS 68.02 (17) and (18) are created to read:
DHS 68.02 (17) “Respite” means any service that provides caregivers with temporary relief from caregiving responsibilities. The goal of respite is to enhance the health and well-being of the caregiver and maintain the person with dementia as a member of the household.
DHS 68.02 (18) “Respite Services” means any service that temporarily relieves the primary caregiver from his or her caregiving responsibilities. Respite services are usually provided at home in the form of visiting services, help with household chores, or assistance with providing personal care, medication management or wound care for the person with dementia. Respite may also be provided by an adult day center or short-term in an institutional setting. Respite may 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.
SECTION 10. DHS 68.03 is repealed and recreated to read:
DHS 68.03 Allocation of funds. The department shall allocate funds available under s. 20.435 (7) (b) and (o), Stats., for the program to each county and tribe by using a funding formula consistent with the department’s formula for distributing Older Americans Act funding. No county or tribe may be allocated less than $5,000 in any calendar year. SECTION 11. DHS 68.04 (1) is repealed and recreated to read:
DHS 68.04 (1) Program administration. The program shall be administered by a county or tribal agency or, if the county or tribal governing board chooses not to participate in the program, by an agency selected by the department under sub. (3).
SECTION 12. DHS 68.04 (2) and (3) are amended to read:
DHS 68.04 (2) County and tribal agencies. A county board or federally-recognized tribal government that wishes to participate in the program shall submit to the department a an initial letter of intent to participate and an annual budget, except that a county board which submitted a letter of intent prior to the effective date of this chapter and which continues to participate in the program each year is not required to submit an additional letter. If the county board or tribal government terminates participation in the program and in a subsequent year wishes to renew participation, it shall submit to the department another a letter of intent to participate. The letter of intent shall include a statement signed by the county board chairperson or the tribal chairperson or president indicating the county’s intent to participate in the program, identifying the county or tribal agency, naming that agency’s responsible contact person, estimating the number of households and residents of residential facilities to be enrolled and served in the next calendar year, identifying the maximum amount payable in a calendar year to or on behalf of any participating person with Alzheimer’s disease dementia, describing the goods and services related to Alzheimer’s disease or dementia, describing the goods and services related to Alzheimer’s disease or dementia which the county or tribe intends to develop or expand, and stating the policy which the county or tribe intends to use in placing applicants on and taking them off a waiting list. The categories of information required in the letter of intent shall constitute the criteria for the approval of a county or tribal governing board’s proposed program pursuant to s. 46.87 (3) (b) and (4), Stats. The department may reject a county’s or tribe’s participation in the program if it determines that the information provided by the county board or tribal government in the letter of intent is insufficient or inconsistent with the purposes and procedures of the program as defined in s. 46.87, Stats., and this chapter. DHS 68.04 (3) Private nonprofit organization. Other eligible Administrative agencies. If a county board or tribal government does not submit a letter of intent or if it notifies the department of its decision to terminate participation in the program, the department shall:
(a) Solicit applications from private nonprofit organizations to administer the program in the county or tribal service area for the calendar year; and
(b) Select from the application or applications submitted under par. (a) a private nonprofit organization to be the administering agency for the county or tribe based on the adequacy of the organization’s program budget submitted under s. DHS 68.05 (2), the organization’s demonstrated knowledge of Alzheimer’s disease and other dementias, the organization’s demonstrated ability to manage supportive service programs and the organization’s experience in assessing and meeting the needs of persons with Alzheimer’s disease dementia and their caregivers. SECTION 13. DHS 68.04 (3m) is created to read:
DHS 68.04 (3m) Tribal agencies. If a tribal government which became eligible to participate in the program beginning July 1, 2016 notifies the department of its decision to terminate participation or reinstitute participation after a period of non-participation, the department shall:
(a) Solicit applications from either a county responsible for serving tribal members who are residents of the county; or a private nonprofit organization to administer the program to tribal members for the calendar year; and
(b) Select from the application or applications submitted under par. (a) a county or private nonprofit organization to be the administering agency for the tribe based on the adequacy of the organization’s program budget submitted under s. DHS 68.05 (2), the agency’s or organization’s demonstrated knowledge of Alzheimer’s disease and other dementias, the agency’s or organization’s demonstrated ability to manage supportive service programs and the agency’s or organization’s experience in assessing and meeting the needs of persons with Alzheimer’s disease and their caregivers. SECTION 14. DHS 68.04 (4), (5) (Intro), (5) (a), (5) (b), (5) (c) (Intro), and (5) (c) 4. are amended to read:
DHS 68.04 (4) Change of administering agency. If a county board or tribe that is not participating in the program submits a letter of intent to participate under sub.(2), the private nonprofit organization selected by the department to administer the program under sub.(3) shall continue 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, tribe or the private nonprofit organization selected under sub.(3) to administer the program shall notify the department in writing within 15 working days after any of the following occurs: DHS 68.04 (5) (a) The county board or tribe designates a new county agency;
DHS 68.04 (5) (b) The county board, tribal government or private nonprofit organization selected under sub.(3) to administer the program decides to terminate participation in the program; or
DHS 68.04 (5) (c) The county board, tribal government or private nonprofit organization selected under sub.(3) to administer the program 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, tribal government or private nonprofit organization selected under sub.(3) shall notify the department when it decides to:
DHS 68.04 (5) (c) 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 15. DHS 68.05 (1) (Title), (1) (a) (Intro), (1) (a) 5., (1) (a) 9., (1) (b), and (1) (c) are amended to read:
DHS 68.05 (1) County, tribal or non-profit agency.
DHS 68.05 (1) (a) A county, tribal or non-profit agency shall annually prepare a distinct budget for this program and shall submit the budget to the department each year by September 30 November 30. This distinct budget shall be part of either the proposed budget required under s. 46.031, Stats., or the plan for older people required by the department and prepared by the county or tribal aging unit under s. 46.87 (3) (c) 4., Stats. The budget shall include at least the following information:
