Effect on small business
The proposed rule is anticipated to have little to no effect on small business if it is promulgated.
Agency contact person
Lynn Gall
Alzheimer’s & Family Caregiver Coordinator
Emergency Preparedness & Tribal Liaison
Wisconsin Department of Health Services
1 West Wilson Street, Room 551,
Madison, WI 53701-2659
(608) 266-5743
Statement on quality of agency data
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 deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov after the hearing is scheduled. RULE TEXT
SECTION 1. 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 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., federally-recognized Indian Tribes and private nonprofit organizations selected by the department under s. DHS 68.04 (3). 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 DHS 68.02 (3) is repealed.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.
