2015 WISCONSIN ACT
273
An Act
to amend
46.40 (8), 46.82 (3) (a) 16., 46.856 (2) (a), 46.87 (2), 46.87 (3) (a), 46.87 (3) (b), 46.87 (4), 46.87 (5) (intro.), 46.87 (5) (a) 2., 46.87 (5) (a) 3., 46.87 (5) (b) and 46.87 (7); and
to create
46.87 (1) (c), 46.87 (3) (d) and 46.87 (5m) of the statutes;
relating to:
participation by a tribe or band in the Alzheimer's Family and Caregiver Support Program, participation in and funding for respite care under the Alzheimer's Family and Caregiver Support Program, and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1bb
.
46.40 (8) of the statutes is amended to read:
46.40
(8)
Alzheimer's family and caregiver support allocation.
Subject to sub. (9), for services to persons with Alzheimer's disease and their caregivers under s. 46.87, the department shall distribute not more than
$2,342,800
$2,558,900
in each fiscal year.
Section
1c
.
46.82 (3) (a) 16. of the statutes is amended to read:
46.82
(3)
(a) 16. If designated under s. 46.87 (3) (c)
or (d)
, administer the Alzheimer's disease family and caregiver support program under s. 46.87.
Section
1e
.
46.856 (2) (a) of the statutes is amended to read:
46.856
(2)
(a) Provide training and technical assistance to the staff of county departments under ss. 46.215, 46.22 and 46.23, to the staff of administering agencies designated under s. 46.87 (3) (c)
or (d)
and to other providers of services to persons with Alzheimer's disease, as defined in s. 46.87 (1) (a).
Section
1g
.
46.87 (1) (c) of the statutes is created to read:
46.87
(1)
(c) "Tribe or band" has the meaning given in s. 46.2805 (11).
Section
1i
.
46.87 (2) of the statutes is amended to read:
46.87
(2)
From the appropriations under s. 20.435 (7) (b) and (o), the department shall allocate funds to agencies designated under sub. (3) (c)
or (d)
, to be used for the administration and implementation of an Alzheimer's family and caregiver support program for persons with Alzheimer's disease and their caregivers
. The department shall allocate at least $1,000,000 in each fiscal year toward respite care
.
Section
1k
.
46.87 (3) (a) of the statutes is amended to read:
46.87
(3)
(a) A county board
or tribe or band
may apply to initially participate in the program created under this section by submitting to the department a one-time letter of intent to participate which includes a description of the program and services related to Alzheimer's disease which the county board
or tribe or band
intends to provide.
Section
1m
.
46.87 (3) (b) of the statutes is amended to read:
46.87
(3)
(b) The department shall select counties
and tribes or bands
to participate in the program on the basis of criteria promulgated by rule.
Section
1p
.
46.87 (3) (d) of the statutes is created to read:
46.87
(3)
(d) A tribe or band selected to participate in the program shall designate an administering agency for the program.
Section
1r
.
46.87 (4) of the statutes is amended to read:
46.87
(4)
If a county board
or tribe or band
does not submit an application under sub. (3) (a) by January 1, 1986, the department shall make that
county's
allocation
of the county or tribe or band
available to a private nonprofit organization, as defined under s. 108.02 (19), to administer the program created under this section and shall select the organization according to criteria promulgated by rule. An organization selected as the administering agency under this subsection shall continue to be eligible to receive the
county's
allocation
of the county or tribe or band
unless the county board
or tribe or band
subsequently submits to the department a letter of intent to participate and receives approval of its proposed program.
Section
1t
.
46.87 (5) (intro.) of the statutes is amended to read:
46.87
(5)
(intro.) The administering agency in each county
or tribe or band
may use the funds allocated to it to do any
or all
of the following:
Section
1v
.
46.87 (5) (a) 2. of the statutes is amended to read:
46.87
(5)
(a) 2. Either the person with Alzheimer's disease or the person's caregiver resides in the county
or is a member of the tribe or band
to which the household applies for participation in the program.
Section
1w
.
46.87 (5) (a) 3. of the statutes is amended to read:
46.87
(5)
(a) 3. The household meets financial eligibility requirements specified
by the department by rule
in sub. (5m)
, and persons in the household are ineligible for the family care benefit under s. 46.286 in a county in which a care management organization under s. 46.284 operates.
Section
1wc
.
46.87 (5) (b) of the statutes is amended to read:
46.87
(5)
(b) Provide or contract for the provision of services and goods or make payments for services to a person with Alzheimer's disease living in a residential facility in the county
or in a residential facility associated with the tribe or band
who meets financial eligibility requirements specified
by the department by rule
in sub. (5m)
and is ineligible for the family care benefit under s. 46.286 in a county in which a care management organization under s. 46.284 operates.
Section
1y
.
46.87 (5m) of the statutes is created to read:
46.87
(5m)
A person is financially eligible for the program under this section if the joint income of the person with Alzheimer's disease and that person's spouse, if any, is $48,000 per year or less, unless the department sets a higher limitation on income eligibility by rule. In determining joint income for purposes of this subsection, the administering agency shall subtract any expenses attributable to the Alzheimer's-related needs of the person with Alzheimer's disease or of the person's caregiver.
Section
1z
.
46.87 (7) of the statutes is amended to read:
46.87
(7)
The county board
or tribe or band
shall notify the department if any of the following occurs:
(a) The administering agency in the county
or tribe or band
is replaced by another.
(b) The county board
or tribe or band
intends to terminate participation in the program.
(c) The
county's
program and services
of the county or tribe or band
related to Alzheimer's disease contain a substantial difference, as defined by rule, from the description of the
county's
program and services
of the county or tribe or band
contained in the
county board's
letter of intent most recently submitted
by the county board or tribe or band
to the department under sub. (3) (a).
Section
2c
.
Fiscal changes.
(1)
In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (7) (b) of the statutes, as affected by the acts of 2015, the dollar amount for fiscal year 2016-17 is increased by $1,000,000 to pay for respite care under the Alzheimer's family and caregiver support program under section 46.87 of the statutes.
