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. The department shall select counties and tribes or bands to participate in the program on the basis of criteria promulgated by rule.
Rule-making authority is expressly conferred on an agency as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency’s rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency’s general powers or duties does not confer rule-making authority on the agency or augment the agency’s rule−making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
It is estimated that approximately 500 hours of staff time will be required to promulgate the proposed rules.
6. List with description of all entities that may be affected by the proposed rule:
• Aging and Disability Resource Centers
• County Aging Units
• Wisconsin residents with Alzheimer’s disease and dementia and their caregivers
• Wisconsin Department of Health Services
• Tribes or Bands participating in the AFCSP
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There appear to be no existing or proposed federal regulations that address the activities to be
regulated by the proposed rules
8. Anticipated economic impact of implementing the rule:
The proposed rule is anticipated to have little to no economic impact if it is promulgated.
Contact Person:
Lynn Gall
Alzheimer’s & Family Caregiver Coordinator
Emergency Preparedness & Tribal Liaison
(608) 266-5743
